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JOYCE, MAUREEN
RECEIVED DANIEL LONG TOW I, KORTH ALLOVER ' Mai B 2 29 FP '88 B APPLICATION FOR emu or A PRffi.MWy PLAN March 8 • 1q 88 To the Plamn4ng Board of the Tam of North Andarars . The undersigned• being the applicant as defined under Chapter 41• Section StrL• for approval of a proposed subdivision shorn an a plan entitled Preliminary Subdivision Plan of land located in North Andover#, Mass. prepared for Maureen J. Joyce $�► ,jan Associaigs` incorporated or,.ated bated February 24 • 19 88w being land bounded as follows: North by land now or formerly of Edward Adams; on the west and South by land 'formerly of Ju s, now or formerly of Reynorgs; and on the East by land now or formerly- of t e Presco t irs-. Containing eight acres of land more pr ,ess. hereby submits said plan as a PR8LDaXW subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Hoard and make* application to the Board for approval of said plan. 9 4 Title references North Essex Deeds 1 Book Page 15 ; or Certificate of Title No. • Registration Book • Page,_j or Others " App].icant•s signature: Received by Town Clpark: U 0-r�, --- Date: Applicant's address 7 Re St. North Andovert Ma. — Ties% Signatures Owaer•s signature and address it not the applicants rwr Y A IaORTH •y C1C oh t` co •,aM00 1� ti r.'. LAl '�� A date ci' . "sc : N C', 1 ; in the Office of the Town: +, ��yy' g cn • 4 _": ,• * Clerk Y✓w.nl�`� NS H.E iEO ESP�� t{.t'y�j... SACHUSE Z TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Maureen J. Joyce * Petition #: 19-89 95 Main St. N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening September 13, Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building Inspector, after consultation with the Community Development Department, re- quiring all change of tenancies in business or commercial properties to obtain a special permit to alter or change uses in any legally existing non-conforming lands or structures, on the premises located at 95 Main Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. The hearing was advertised in the North Andover Citizen on August 25 and September 1, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted. to DENY the Party Aggreived as requested. The Boar; finds that the interpretation by the Building Inspector and the petition' differ because of the poor worRing of this particular bylaw and the Board will notify the Planning Board and the Board of Selectmen of their concerns regarding this bylaw. BOARD OF APPEALS William ullivan P Acting Chairman Dated this 14th day of October, 1988 /awt k 3Z�+ •� •r: AMM :fie •: lbbb i� • pp l �f' 4n E:•�i� •,•CHI{ f'',�� �:�1'�...�` r^.. � % Jf; TOWN OF NORTH ANDOVER daisf is G. MASSACHU,E. in the orrice or i,a Town Cle k. w 6 ISOARD OF APPEALS NOTICE OF DECISION uaZ� retell J. Joyce °G p19 Ma F. St. Date Octobe .14,. 1988. . . . . N. Ander, MA 01845 Petition No.. . .19-89 September 13, 1988 Date of Hearing. . . . October, 5 and 11, 1988 Petition of Maureen J. Joyce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . .95 Main .$t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a #Ta<[e .Party Aggreived by a ruling of the Building Inspector, after consultation with the Community I3eve16pmerit Department;' tequiting'Fall 'dhaiig'e'of tete'aiicie3' ib' 1;vsine's's' -de 'comme'rcial per wa ies to obtain a specialpermit to alter or change uses in any legally existing pernUTnon. . ... _ . .co .nforming "lands' ' "or . . . . . . : . . . . . . . . . . . . . . . . . . ... "structure§: ' ' ' ' ' . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w. . After a public hearing given on the above date, the Board of Appeals voted to DENY. . . . . . : the' Party ag.gre.ived X. . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed William Sul ivan Actin g Chairman . . . . . . . . . . . . . . . . . . . . . . . . Augustine Nickerson, Clerk . . . . . . . . . I . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . Walter Soule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . .. Board of Appeals ceiXt,d by Town Clerk : • F7` . FORM A APPLICATION FOR ENDDRSEMENT' OF PLAN t:G' '` Eti R BELIEVED NOT TO REQUIRE APPROVAL 13 �Ny � 'f March 18 ,_191 �g To the Planning Boar of the Town of north Andover : The undersigned wish !:s to record the accompanying plan and requests a determination by sal Board that approval by it under tire Subdivision Control Law is not required . The undersigned believes that such approval is not required for he following reasons : I . The division of land shown on the accompanying plan is riot a sub- division because every lot shown thereon has the amount of frontage required by the Nprth Andover Zoning By Law and is ori a public way . ►tamely , qt-rimt or a private way , i►amely , , being land bounded as follows : Being Lots 291 and 292 on a "Plan of Land in North Andover, Ma" prepared for Alon Schatzberg, Leah Ziph-Schatzberg and Janet Cucurullo dated: 03-07-91 and bounded Northerly by Wesley Street, Easterly by isi-Ilt* st. Southerly by Wallace St. , Westerly by Booth Street. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Lot 291 125 ' frontage & 25 ,269 sq. ft. R-3 "zone Lot 292 frontage exembp 81 . 41 ' & 75 ,120 sq. ft R-3 zone 3 . Title reference North Essex Deeds , hook Page or 10589 76 Certificate of Title No . 9560 , Registration Book 66 361 and Page 245 A icant' s Signature: Owner's signature and address if not — COP • -5' the applicant : (Print Name) Alon Schatzberg, Leah Ziph-Schatzberg and Applicant ' s r Janet Cucurullo by thpir attorney RALPH R. JOYCE S t` --95 Main St. , North Andover, MA 01845 -4555 Tela N . ��''f (506) 685 -Aec ved by Town Clerk ; D&;�t'I_ L'. t'.G ' NORTH .._. _,,'ER APR 22 12 03 PM 'IS Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : , i• The North Andover Planning Board has determined that s !id plan does not require a pproval under the Subdivision ControlLaw , and the appropriate endorsement has been made upon the 'same . 2 . ' he North And a Planring Boar has determiNdhat s 'id plan Qws ubd viion , s efine b �Iy C, . l . c 481-L rt m st here ore tie r -subrr ' tt d to it r approval under the Su di is.ion Cont o Law . Very truly yours , NORTH ANUOVEP PLAgrtING BOARD By ., Date : S I ' ceiveJ by Town Clerk : , FORM A ' APPLICATION FOR INDORSEMENT-'OF PLAN BELIEVED NOT TO REQUIRE APPROVAL QFR If 11 Marnh lip 1 �$ To the Planning Board f the Town of 4orth Andover: The undersigned wishes Ito record the accompanying plan ai►d requests a determination by said oard 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 : I 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 way . namely , wPa7oy G or a private way , namely , being land bounded as follows : Being Lots 291 and 292 on a "Plan of Land in North Andover, Ma" prepared for Alon Schatzberg, Leah Ziph-Schatzberg and Janet Cucurullo dated: 03-07-91 and bounded Northerly by Wesley Street, Easterly by - Saville- fit. Southerly by Wallace St. , Westerly by Booth Street. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Lot 291 125 ' frontage & 25 ,269 sq. ft. R-3 1ione Lot 292 frontage exembp 81 . 41 ' & 75,120 sq. ft R-3 zone 3. Title reference North Essex Deeds , h-uok Page or 10589 76 Certificate of Title No . 9560 Registration Book 66 361 and Page 245 App cant 's Signature: C/ owner' s signature and address if not P the applicant : Alon Schatzberg, Leah Ziph-Schatzberg and A ica ijsA5: Janet Cucurullo by their attgrney RALPHR. JOYCE 95 Main St. , North Andover, )4A 01845 �_`--� � Tel. No. ` (508) 685-4555 __ � �� --received by Town Clerk : '* f' Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1• The North Andover Planning Board has determined that saidla `► does not require a F approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same . Z • The North Andover Planning Board has determined that said plar/l Shows a subdivision , as defined by G . L . c . 41 s . PPP R1 -L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLAiINING BOARD By ., Date : Peceived by Town Clerk . f RECEIVED DANIEL LON(; DORM A TOWN CLERK APPLICATION FOR ENDORSEMENT OF PLAN NORTH aNOavER BELIEVED NOT TO REQUIRE APPP.OVAL 13 33 February 3 , 19 88 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 pian 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 , Rea Street or a private way , namely , being land bounded as follows : Northerly & Easterly by Rea Street• Southerly_by land now or formerly of Joyce _ Western by land now or formerly of Kendrick, et al 2 . The division of land shown on the accompanying plan i-s not a sub- division for the following reasons : 3 . Title reference North Essex Deeds , Book 2580 Page 64 ; o.r. tertifl2tt-e-�rF-�'�i�t 1�--fJo . �'i'S_�r�ai:i-��-@•ee•k Part Applicant ' s ture Owner ' s signature and address if not the applicant :- Applicant 's iWddres 13 Milk Street Methuen, MA 01844 Received by Town Clerk : No ice to APPLICANTITOWN CLERK of action of Planning Board on ac ompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2. The North 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 PLAN14ING BOARD By Date : '4 I r Peceived by Torn Clerk : RECEIVED % DANIEL LONG TOWJ CLERK FOtAIW7W,A'S u 0VER APPLICATION FO Nb& I*led WD'F PLAN BELIEVED NOT TO RE IRE APPROVAL February 3, 19 88 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 : 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 taw and is on a public way , namely , Rea Street , or a private way , namely , , being land bounded as follows Northerly & Easterly by Rea Street• Southerly by land now or--formerly-.of - n gtka ant_mown of Nn_ Andauer westerly by land now or formerly of Kendrick, Ieijb Norbedo Gilbert, Town of No. Andover 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds, Book 2580 ; Page 6-4.; ac �•eT't''1f''t"C'E�'E-"6"F-�1-'L`1-e'-hFfl . , Rei-�•��ae�er�—i�ak Palit Applicant' oat Owner ' s signature and address if not the applicant: pplicant ' s Addr ss : Milk Street Methuen, MA 01844 Received by Town Clerk . JIM Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan i 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. I 2. The North Andover Planning Board has determined that said plan .. i shows a subdivision , as defined by G.L . c. 41 , s . 61-L, and I - must therefore be re-submitted to it for approval under the I Subdivision Control Law. f Very truly yours , NORTH ANDOVER PLANNING BOARD By : f - i Date : 7_f!_ Peceived by Town Cltrk : ' FORM— RECEVVED L LiDWG APPLICATION FOR ENP04%W- PLAN BELIEVED NOT TO REQS 4AL 06 W February 3, 19 88 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 th-e North Andover Zoning By law and is on a public way , namely , Rea Street , or a private way , namely , being land bounded as follows : Northerly & Easterly by Rea Street: - Southerly by land now or formerly of. Joyce Westerly by land now or formerly of Kendrick, at al 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : . Page q ac Deeds , Book 2580 9 3. Title reference North Essex Deed .� trrtif7t-ate-o--44-t 44-0-e-*o . Remi-sEr�a€ erg-B ek fam Applicant ' s Signature : Owner 's signature and address if not applicant : Applicant 's Address: Milk Street Methuen, MA 01844 Received by "own Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same . 2 . The North 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 : Date • _ RECEIVED DANIELLONG TOWN CLf4K NORTH ANDOVER FES 26 8 39 AN '88 i i -_. OMORih Rece� v tby Town Clerk : a o .. ACCFlVEtI "' " DAN1�L LO Ii TOWN OF NORTH ANDOVER, MASSACHUSETTS Date � .�`�;,';-P!�RK s b ,., NQRTN ailiQ�' R BOARD OF APPEALS 'sscwustt�'' Time : Au 1.4 10 0 �Rlloae : This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Z114u/JiOL E Address ei� 1 . Application is hereby made and Table of the Zoning By-Laws . (b ) For a S under Section Paragraph of the ( 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 building(s ) numbered A5 /q✓9.'n) -=-t - Street . (b) Premises affected are property with frontage on the North ( ) South ( �<J East ( ) West ( } side of 1n¢i'A) Street , and known as No . '9Stc _ Street. ( c) Premises affected are in Zoning District , and the premises i affected have an area of dCYa square feet and frontage of 3�f square feet . 3. Ownership address of owner if joint ownership , give all names) : ( a flame and addr ( J Date of purchase 9 SZ Previous- Owner. , `/ r46�A671 rx"ej9r ( b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4 . ' Height : stories ; feet. ( a ) Approximate date of erection : ( b) Occupancy or 11,oor : 5 . Size of existing building : _3' feet front; feet deep ; Height : stories ; feet . (a ) Approximate date of erection : �iyit ( b ) Occupancy or use of each floor: W Type of construction : 4WO 6 . Has there been a previous appeal , under zoning , on these premises ? A0 If so , when? 19 6_ 7. Description of relief sought on this petition T1M7y J 6X)Ey10717 y �� 4w Eo _ TE oiU fTLLIXU L C1 'S F3� LQvi �E �C/;QC4 T 6,0 '9e CGYU ����.L{�'�Y lf�f��r// is ,C,,�-6ALLY ,�•>(isTi� 5i�'� /�. 8. Deed recorded in the Registry of Deeds in Book � Page or Land':Court Certificate No. Book Page r . ` The principal points upon which I base my application are as follows : (Must be stated in detail ) i I agree to pay fo , a rtising wspa er 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 . -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 in- formation 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 abutters to the abutters within three hundred feet 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 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 ( Use additional sheets if necessary) I MAUREEN J. JOYCE 95 MAIN STREET NORTH ANDOVER, MA JOSEPH, THERESA & DAVID VAILLANCOURT 31 LINCOLN STREET NORTH ANDOVER, MA ATLANTIC REALTY TRUST 89 MAIN STREET NORTH ANDOVER, MA EVROS REALTY TRUST 18 HERRICK ROAD NORTH ANDOVER, MA MONEMAX REALTY TRUST 57 ESSEX STREET NORTH ANDOVER, MA SAN LAU REALTY TRUSTC/0 SANTO MESSINA 268 MASS AVE. NORTH ANDOVER, MA ROBERT PANGIONE & FRANCIS MACDONALD 104-106 MAIN STREET NORTH ANDOVER, MA RED SQUIRE REALTY TRUST 136 HEATH ROAD NORTH ANDOVER, MA ROVERT E. , KENNETH C. & MICHAEL KELLAN 49 SUTTON HILL ROAD NORTH ANDOVER, MA CBS TRUST 94 MAIN STREET NORTH ANDOVER, MA i Any appeal shall be filed NogrH within (20) days after the •'' ~'tio '01�•� RECEIVED date of filing of this Notice {t�3-:'aAOLT" DAhlc, DING TO In the Office of the Town �•. lass ; ,, LRK Clerk. '4�criva. r NORTs. ar��OJYER •tr�r+�s TOWN OF NORTH ANDOVER An 18 I a6 PM T MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . .Au9.ust .16_ . 1982. . Petition No.. . . . . .2 7.-. 18.2 Date of Hearing. q 9.1.y, . 12 , 19 8 2 Petition of . . . .Maureen. . J . . Jo c.e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Premises affected . . .50.-52 Second . S.treet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the Z o,n i n g. B y, . L a w Section 7 , Paragraph 7 . 2 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . so as to permit the . s.ub0.vis.ion . o.f . a. .Io.t . a.nd. .con.s.tr.uc0.oD. .of. .a. .two. . . . . . fa.mi.ly. .dwe.l.1ing: h.aYJ.np. .1es.s tha.n . t.he. .r.eq.uir.ed. .f.r. ontage .. . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .0 RA N T. . . . the variance and hereby authorize the Building Inspector to issue a permit to Maureen . J , . Joye.e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1 . That the existing 12 story cinder block garage located on Lot B be razed prior to the issuance of a bt!ilding permit . 2 . That the plans be modified to show that each lot will have its own driveway servina the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B , beginning at the poi nEigned in the land N/i= of Nicosia and running in a generally . . Fran.k . S.eri.o ,. .Jr,.,, , G.hai.r.ma.n . . . . . . Southwesterly direction by the said lot line approx- Wi. 11.ia .J... .Su.l.li.van. . . . . . . . . . . . . . . imately 100 feet . . . AuQ.u.sti.ne. .W .. .Ni c.kerson. . . . . . . . . . hlaur.i.ce. .S... .Fo.ul d.s . . . . . . . . . . . . . . . Board of Appeals r F „ORT„ RECEIVEp .• . ....`$� 0ARIEi LDjjC rnwy CLERK JOVER AUG TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16 , -1982 Maureen J . Joyce 50-52. Second' Street Petition No . 27 ' 82 Mr. Daniel Lonq , Town Clerk Town Office Building 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 Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on June 24 and July 1, 1982 and all abutters were notified by regular mail . The following members were present and voting at the public hearing : Frank Serio , Jr. , Chairman , William J . Sullivan , Augustine W. Nickerson , Walter F. Soule , and Maurice S , Foulds . The Board rendered their decision on August 9 , 1982 with the following members present and voting -, Serio, Nickerson , Sullivan , and Foulds , The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 2 and Table 2 of the Zonino By Law so as to permit the creation of a lot having less than the required frontage on premises located at 50-52 Second Street . The petitioner testified , through counsel , that the land was purchased by her recently ., There are two structures on the Lot is legally non- remises .. The structure located on Lo A a y p 9 conforming four-family dwelling . No -,`ranges are proposed for this lot and Lot A was found to be in compliance with the North Andover Zoning By Law with respect to setbacks , frontage , and area . Located on Lot B and partially on Lot A is a legally. non -conforming cinder block garage which has been used for business purposes in the past . The petitioner proposes to raze the existing cinder block structure on. Lot B and construct" a two faily dwelling within the setbacks required by the Zoning By Law . The petitioner proposes to eliminate any non-conformincx status as to the use of the cinder block building. The shape of the .property does not allow the subdivision without the varian.ce•. Maureen J . Joyce RECEIVED Petition No . 27- ' 82 DANIEL LONG August 16 1982 TO` s CLERK Au 9 NORTF4 ANDOVER Pace 2 Auc 18 126 Several abutters were present at the public hearing to voice their objection to the petition . At the July 12 , 1982 meeting , the Board instructed the petitioner to make revisions to the plan of land. The petitioner submitted the revised plans on August 9 , 1982 when the Board rendered their decision , Upon a motion made by Mr. Sullivan and seconded by Mr. Foulds , the Board voted unanimously to grant the variance subject to the following conditions : 1 . That the existing 12 story cinder block garage located on Lot B be razed prior to the issuance of a building permit. 2 . That the plans be modified to show that each lot will have its own driveway serving the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B, beginning at the point in the land now or for- merly of Nicosia and running in a generally Southwesterly direction by the said lot line approximately 100 feet . The Board finds that the unusual shape of the parcel in that the major portion of area was located to the rear constitutes a hardship to the petitioner . Further, the Board finds that due to the non-conforming status of the business use of the property in the past , the parcel is in fact unique to the RT4 zoning district . The Board further finds that the granting of the variance will neither nullify nor substantially derogate from the intent and purpose of the Zoning By Law in that the proposed use in con- sistent with the uses allowed in the R-4 district and, in fact, extinguishes non-conformity within the neighborhood and returns the parcel to its residential status , and , therefore , does not constitute ' a detriment to the public good. Sincerely, BOARD OF APPEALS r Frank Serio , Jr. , Chairman FS/jw ( Plan to follow) yaa Any appeal shall be filed QAI , eR $.• within (20) days after the rasa �,. r_RK 39 ••..• 'f date of filing of this Notice '> gcnug , NOR KsL)oVER `••*��"' in the Office of the Town JUN Zz 12 54 po 91Z TOWN OF NORTH ANDOVER Clerk, MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION June 2 2, Date . . . . . . . . . . . . . . . . . . . .1962. . . . . . . . Petition No.. . . 29 . 2. . . . . . . . . Date of Hearing. May_ 10 , 1982. . Petition of . .MAUREE.N. J . JQYCE Premises affected . . . .5 0.-5 2. .S e c o 9d .S t r e e.t. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . ZQ n i.n g. .Ey. .L aw S.ecti.on 7,. .Pa.r., . .7.. 2.,. . 1...3 . a.nd: .Tab.le. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the. cr.eat.ion. .oi. .a. 1:Ot. . hdvi;n.g , Tess. .than. .the-re.qui.r.ed. . . . . fr.ontag.e . an.d . s.et. .ba.cks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .DEN.Y . . . . . the v a r i a n c.e . . . . . . . . . . . . . . . . . . .XXiEX3tlldSXt #{ X �bXfXil ?I�}: idfdb�ItX$d( . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(*Xtha X-"Xrl xt1dhX4fXtx* MOW: Signed Frank. Serio... .0r.. I . Qboi.rma.n . . . . . . . . W I lTiam . J'... . Sulli.van, . . . . . . . . . . . . . . . . . Augustine, .W ,. :Ni c.ke.r.son. . . . . _ Walter F,. .Soule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals NOR!11 ANUOVER TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1982 Petition No , 20,71,82 f aureen 0 . goyce . Premises Affected , 50-52 Second Street tir. Daniel Long, Town Clerk Town Office Building North Andover , Mass . U845 Dear Mr. Longa The Board of Appeals held a public hearing on Monday evening , May 10 , 1982 upon the petition of Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on April 22 and 29 , 1982 and all abutters were notified by regular mail . The following members were present at the public heating : Frank Serio , Jr . , Chairman ; William J . Sullivan] Augustine W. Nickerson ; Walter F . Soule ; and Maurice S . Foulds . The Board rendered their decision on June 14 , 1982 with Members Serio , Sullivan , Nickerson , and Soule present and voting . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 2 and 7 . 3 and Table 2 of the Zoning By Law so as to permit the creation of a lot having less than the required frontage and set backs on premises located at 50-52 Second St . The petitioner, through counsel , testified that the land was purchased recently by her. There are two structures on the premises . The structure located on Lot A is a legally non- conforming four-family unit . No changes, are proposed to this lot . Located on Lot B is a legally non -conforming cinder block garace which has been used for business purposes in the past . The petitioner proposes to convert the structure on lot B into a two -family unit , thereby eliminating the non-conformance . The shape of the property does not allow the subdivision without the variance . ' A�CE►v�� Petition No . 20 - ' 82 DAMEEL049 Maureen J . Joyce TOWN CLERK Page 2 %ORTH ANDOVER JS ZZ 12 53 PM Several abutters were present at the public hearing to voice their objection to the proposal . At the June 14 , 1982 meeting , a letter from the Building Inspector was received by the Board which stated that no lawful non-conforming use has ever been established for the premises , Upon a. motion made by Mr , Soule and seconded by Mr. Sullivan, the Board voted unanimously to deny the request . The Board finds that Section 10.4 of the Zoning By Law has not been satisfied . Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman ,7 w Received by Town Clerk : N Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : , 1 . The North Andover Planning Board has determined that said pian 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 Date : . t r , Received by Town Clerk : -- - R L C-,: 0 owE L 61X, FORM A NORTH ?04 ?VER APPLICATI0 FOR ENDORSEMENT OF PLAN JUL 7 10 25 AN 18 BELIEVED OT TO REQ UIRE APPROVAL w Tu1g 2, 19Rf; 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 , RAfSP[jA1P AXarniP , or a private way , namely , , being land bounded as follows : Lots # 281 to 294 inclusive as shown on plan of land entitled "Klondike Park No. Andover, Mass. , dated 1906 , Horace Hale Smith, Engineer, " recorded in North Essex Registry of Deeds, Book 231, Page 600, now plan #0360. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : if Adequate frontage and area per Board of Appeals variance. 3. Title reference North Essex Deeds , Book 836 Page 167 or Certificate of- Title No . , Registration Book • Page Appli t ' S ' n Owner' s signature and address if not the applicant : Applicant ' s A I/�e/fs's :,,. Peceived by ?or:n Clerk : J 1 " FORM A - I n� APPLICATION FOR ENDORSEMENT OFLAN f f° ? ; BELIEVED NOT TO REQUIRE APPROVAL JUL (., t July 29 , .19 87 To the Planning Board of the Town 4f Worth An'doVer:" 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 , Rea Street ; ora private way, namely, being land bounded as follows : NORTHERLY: by Rea Street EASTERLY: by Rea Street and 'land' now or formerly ,of Averka SOUTHERLY: by land now or formerly of Averka and the Town of North over WESTERLY: by land now or formerly of Town of North Andover Gilbert Nor a o, Weisi—and Coumas 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Both lots On plan are existiiic -lots of rpmorii ana -the_rP atp_ nn frontage changes but only chancie in interior lot line 3. Title reference North Essex Deeds , Book 1901 Page 154 or Certificate of Title No. Registration Book ; Pane * cant ' s Si to e . Owner' s signature and address if not the applicant : Applicant 's Ad res 95 Main Street North Andover, MA 01845 AftReceived by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that said plan k does not require approval under the Subdivision Control taw, and the appropriate endorsement has been made upon the same. f 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.- Date : y.Date : t r:: a s Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of actionofplanning Board on accompanying pian : 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same. 2. The North 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 sy: _ Date : _ I� i l:�Fd�� r PeceiN,ed by Tov,n Clerk ; ' FORM A ' APPLITION FOR ENDORSEMENT OF PLAN JUL t3 {{ 2PIKIIRED NOT TO REQUIRE APPROVAL July 29 87 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, Rea Street or a private way, namely, being land bounded as follows : NORTHERLY: by Rea Street EASTERLY: by Rea Street and land now or formerly of Averka SOUTHERLY: by land now or formerly of Averka and the Town of North Andover WESTERLY: by land now or formerly of Town of North Andover Gilbert$ Nor a o, Weiss and coumas { 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : Both lots on plan are existing lots of record and there are no frontage changes but only-change-in interior lot line 3. Title reference North Essex Deeds , Boole 1901 Page 154 or Certificate of Title No . Registration Book ; Page Aplicant 's 5 ' nat e : Owner' s signature and address if not the applicant: ZZ Itil Applicant 's Cdd� s . 5t. 95 Main Street North Andover, MA 01845 a • a .♦,tvvick_ .NSP 7 7 "g,. +tK, I + I ; I I I I I i ( j + i � I , � ( r I I I A Received by Town Clerk : 1 ,P Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 : The North Andover Planning Board has determined that said plan does not require approval under- the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North A dover P anning Board has determined that said plan shows a sub"d vis 'on , as defined by G . L . c . 41 , s 81-L , and must therefore be re-submitted it for approval under the Subdivisio Contro aw'. Very truly yours , NORTH ANDOVER PLANNING BOARD _ By ,. Q Date : 3 y P i Received by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL C4CY 3/ , 19J „ To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and req uests_ 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 , or a private way , namely , being land bounded as follows : 0P UN01 fl 114W,611111_1"' T�� 00* Iff/-V mlflf'ev 44f �Il'CD/YI/�10�i9T� piPpDDJEc% AaJI��'T%�.�1 `' Z. The division of land -shown on the accompanying plan is not a sub- division for the following reasons iN fidF &7114W"y /4r D/u��, �✓' ,IhOlfl'N OrU RAN LOT •-� Book , !�G 3. Title reference North Essex Deeds , Book Z?f Page _; or Gr/o Certificate of Title No . , Registration Book Pane ApPl�t' Si owner ' s signature and address if not the applicant ; Print Nam6) Ap.plicant ' s Address . �/�J � //✓ .7/ Tel. N 6V c'6 - . MCRTM ot, .•o,.�yQ r•UA 4 0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 9, 1984 - Mr . John Graham, Chairman Board of Selectmen 120 Main Street North Andover, Mass. 01845 Re: Complaint of Ralph and Maureen Joyce Dear Mr. Graham: In response to your request , listed below is the chronological series of events regarding the complaint of Ralph and Maureen Joyce against the Board of Appeals for the week of June 18 - 22 , 1984 : 1) June 19 I , as Chairman of the Board of Appeals, called the Board secretary to inquire as to whether the Town Clerk and/or the Board of Appeals office had received a copy of the complaint since I had received a copy at my home address via certified mail. The Board secretary immediately asked the Town Clerk, Mr. Daniel Long, if the complaint had been filed with his office and was told that no complaint had been. I instructed the Board secretary to notify me as well as the present Town Counsel , Attorney John J. Willis, Sr. , if and when she received the complaint. 2) June 22 The Board secretary informed me that still no complaint had been received by the Board of Appeals and that she would borrow the complaint from a Board of Appeals member, copy it, and forward it to the present Town Counsel as well as the Board of Selectmen. She checked with the Town Clerk again before borrowing a copy and was informed by the Assistant Town Clerk, Louise Long, that the complaint had been filed with her office on Friday, June 15, 1984 , but had been placed in a file drawer. Mr. John Graham, Chairman July 9 , 1984 Page 2 3) June 22 The Board secretary immediately copied the complaint and forwarded it to the then present Town Counsel and the Board of Selectmen with a request for Special Counsel to represent the Board of Appeals . If', I can be of any further assistance, please do not hesitate to contact me. Sincerely, BOARD OF APPEALS l t_ Fra Serio, Chairman FS/jw TOWN OF NORTH ANDOVER 14, i° a • °. .ars' `� �i +O..ten'�..�• DANIEL LONG Torun Clerk TOWN BUIMING �SSCMUSE� ELEMON DEPARTMENT NORTH ANDOVER. MASS. 01845 June 281, 1984 TO: John Graham, Chairman Board of Selectmen f FROM: Daniel Long, Town Clerk SUBJECT: Complaint of Ralph & Maureen Joyce against Board of Appeals Dear Mr. Graham, Historicaly since I was elected Town Clerk in March of 1978. I have been forwarding all Legal complaints against the Town of North Andover, which might be against, Board of -Appeals, Planning Board, Board ofHealth etc. to Town Counsel. I suggest to you Mr. Graham that if you yr your board want a copy of all Legal complaints filed with this office, against any Town Official, Town Board, etc. That you send me a'"letter requesting this and I will gladly comply with your request. S' erely, Daniel ng Town Clerk DL/11 .r4 TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN I10RTi/ Gf js .o ,y qH� TeLwwcNt 682-6483 s ar *�N sACM11S MUMORANDUM TO: Daniel Long, Town Clerk FRlDM: John W. Graham, Chairman DATE: June 26, 1984 SUBJ: Response to Joyce Appeal On Friday, June 22, 1984, I received a letter from Frank Serio, Chairman, of the Board of Appeals relative to a complaint filed against the Board of Appeals by Ralph & Maureen Joyce (see attached letter) . As you can see from Mr. Serio' s letter, he is requesting that special legal counsel be hired in this case due to the fact that Attorney Joyce has been appointed as Town Counsel for the Town of North Andover. At , the Selectmen's meeting last evening, the Board was concerned that the notification of this action of Ralph & Maureen Joyce was filed with your office on June 15, 1984 and was not submitted until June 22, 19$4. The Board is requesting a written response as to why Mr'. Joyce ' s appeal was not forwarded to the Selectmen' s office within a timely fashion. The Board would like this written response by Friday, June 29, 1984. /cf i I MOSTM - 3?O<<X�.e y<•w p • 'ipL F � 7 s r s"t• ��i �t a�tMUf� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1984 Mr. John Graham, Chairman Board of Selectmen 120 Main Street North Andover, Mass. 01845 Re: Ralph and Maureen Joyce - Civil Action #968/84 Dear Mr. Graham: Enclosed please find a copy of a complaint filed against the Board of Appeals by Ralph and Maureen Joyce. Given the facts that Attorney John J. Willis, Sr. is about to retire from the position of Town Counsel and Attorney. Joyce has been appointed to the position, the Board of Appeals respectively requests that the Board of Selectmen appoint Attorney Joseph Boulanger to represent the Board of Appeals in this action. Kindly place this request on the agenda for your June 25, 1984 meeting. If you need any additional information or assistance, please feel free to call the Board of Appeals office at 685-4775. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman FS/jw cc Attorney John J. Willis, Sr. , Town Counsel Please check one of the following: C 7 The wishes that the appointment of Town Counsel be reconsidered. The%orwN GleiiJ es not wish to reconsider the appointment of Town Counsel. Please return your response to the Selectmen' s Office no later than 12:00 Noon on Friday, June 29, 1984. North Andover, MA 01845 June 26, 1984 . (tel. 688_2968) The Editor Eagle-Tribune Box 100 Lawrence, MA 01842 To The Editor: Attorney Ralph Joyce, with a little help from his friends, has placed himself in the ironic position of being both North Andover's Town Counsel and the plaintiff in a law suit against the Town. On June 15th the Town Clerk, Daniel Long, received notice that Mr. Joyce had instituted a law suit against the Town and the individual members of the Zoning Board of Appeals for their "capricious" decision of not granting him a zoning easement. Mr. Joyce has an option to buy some 8 acres of land provided that he can get an easement to build on the (property. The zoning laws require a street frontage of 150 feet. The property has 21 feet of frontage. A second bylaw covering larger tracts (Article 96 of the April 1984 Town meeting) requires a minimum frontage [of "not less than 50 feet. . ." and "no such lot. . .shall be hereafter subdivided." Mr. Joyce can't or won't meet either of these two conditions. It appears that Mr. Joyce feels that he is above the same laws that in future months, he must defend. Apparently he also feels that he can maintain a good working relationship with the same body of people he is suing. From the midst of Town Government, he is setting a prime example for every developer in North Andover _ if you don't like the law, sue; maybe you can get around it. On the evening of June 21st the vote for Town Counsel was held. Why didn't the Town Clerk, Daniel Long, as a present and voting member of the , appointing committee, pass on the information about Joyce's pending suit. At that point he had had the information for 8 days. Why did it take until Friday, June 22, after the appointment had been made, for that information to surface? The fact that Mr. Joyce had lobbied hard and received support from some Town Officials prior to any other candidates applying for the position tells the people, once again, it's not what you do, it's who you know that counts. This is just another example of why the public has lost faith in politicians and the political process. Francis Lindon North Andover,' RIA 01845 June 26, 1984 (tel. 6BB_2908) The Editor ' Eagle-Tribune Box 100 Lawrence, MA 01842 To The Editor: Attorney Ralph Joyce, with a little help from his friends, has placed himself in the ironic position of being both North Andover's Town Counsel and the plaintiff in a law suit against the Town. On June 15th the Town Clerk, Daniel Long, received notice that Mr. Joyce had instituted a law suit against the Town and the individual members of the Zoning Board of Appeals for their "capricious" decision of not granting him a zoning easement. Mr. Joyce has an option to buy some 8 acres of land provided that he can get an easement to build 4n the property. The zoning laws require a street frontage of 150 feet. The property has 21 feet of frontage. A second bylaw covering larger tracts (Article 96 of the April 1984 Town Meeting) requires a minimum frontage Of "not less than 50 feet. . ." and "no such lot. . .shall be hereafter subdivided." Mr. Joyce can't or won't meet either of these two conditions. It appears that Mr. Joyce feels that he is above the same laws that in future months, he must defend. Apparently he also feels that he can maintain a good working relationship with the same body of people he is suing. From the midst of Town Government, he is setting a prime example for every developer in North Andover — if you don't like the law, sue; maybe you can get around it. On the evening of June 21st the vote for Town Counsel was held. Why didn't the Town Clerk, Daniel Long, as a present and voting member of the appointing committee, pass on the information about Joyce's pending suit. At that point he had had the information for 8 days. Why did it take until Friday, June 22, after the appointment had been made, for that information to surface? The fact that Mr. Joyce had lobbied hard and received support from some Town officials prior to any other candidates applyingfor theosition, p tells the people, once again, it's not what you do, it's who you know that counts. This is just another example of why the public has lost faith in politicians and the political process. Francis Lindon TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN ,,ORTM OFt«co ,y q�0 3r a o� ToMPHOHE 482-6485 10 A AT D x s # 9 TO: Daniel Long, Town Counsel Appointing Committee FRAM: John W. Graham, Chairman DATE: June 26, 1984 WSJ: Reconsideration of Town Counsel Appointment On Friday, June 22, 1984, following the appointment of Town Counsel on June 21, the Board of Selectmen received notice of a pending lawsuit against the North Andover Board of Appeals by Ralph & Maureen Joyce. Notice of this suit had been filed in the Town Clerk ' s office on June 15, but was not generally distributed until June 22, 1984. On Monday, June 25, the Board of Selectmen, by a 3 to 2 vote (Graham, Salisbury, and Smith in favor; Crouch & Dugan opposed) , authorized communicating with all members of the Town Counsel Appointing Committee. We are asking for your response by 12:00 Noon on Friday, June 29. The question before us all is: In light of the suit, does the Appointing Committee wish to recommend the reconsideration of the appoint- ment of Attorney Joyce as Town Counsel?, or do we believe that the public interest is adequately protected and that Attorney Joyce' s actions are within the scope of the Memorandum of Agreement? In the event that a majority of the response wishes to reconsider the appointment, we will schedule a meeting as soon as possible. Enclosed for your information is the following: • Response sheet on whether you wish to reconsider the appointment of Town Counsel • Letter from Frank Serio re: complaint filed against the Board of Appeals by Ralph & Maureen Joyce I June 26, 1984 Page Two • Letter from Ralph Joyce to Daniel Long re: notice of appeal from the action of the North Andover Board of Appeals on the variance application filed by Ralph & Maureen Joyce. • Letter to Attorney Joyce from John P. Bohenko, Executive Secretary to the Board of Selectmen • Letter from Ralph Joyce to the Chairman of the Board of Selectmen ,ow*ti OR � s • , •�� moi-. 4 � j�4C/Nf" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1984 Mr. John Graham, Chairman Board of Selectmen 120 Main Street North Andover, Mass. 01845 Re: Ralph and Maureen Joyce - Civil Action#968/84 Dear Mr. Graham: Enclosed please find a copy of a complaint filed against the Board of Appeals by Ralph and Maureen Joyce. Given the facts that Attorney John J. Willis, Sr. is about to retire from the position of Town Counsel and Attorney.Joyce has been appointed to the position, the Board of Appeals respectively requests that the Board of Selectmen appoint Attorney Joseph Boulanger to represent the Board of Appeals in this action. Kindly place this request on the agenda for your June 25. 1984 meeting. If you need any additional information or assistance, please feel free to call the Board of Appeals office at 685-4775. Sincerely, BOARD OF APPEALS �-U'--� mss-` Frank Serio,. Jr., Chairman FS/jw cc Attorney John J. Willis, Sr., Town Counsel i TELEPHONE 605-4555 c:-Ra[#44::t? 417q03ce ATTOkNEY AT LAW ELLIS BUILDING tum +5 2 23 q PH '8 95 MAIN STREET 1 T7 Y l NORTH ANDOVER. MA 01645 c � June 12, 1984 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 RE: Variance Application - Rea Street Ralph R. & Maureen J. Joyce Dear Mr. Long: - Please accept this letter as a Notice of Appeal from the action of the North Andover Board of Appeals on the variance application filed by Ralph R. Joyce and Maureen J. Joyce with your office on March 21, 1984.. Thank you for your attention to this matter, Ve'14r ru you , ph J yce RRJ'mj7 cc: Frank Serio, Jr., Chairman Augustine W. Nickerson Walter Soule, Alfred Frizelle, Richard Trepanier, William J. Sullivan, Raymond Vivenzio, Maurice S. Foulds CERTIFIED MAIL, RETURN RECEIPT REQUESTED t ti J COMMONWEALTH OF MASSACHUSETTS ESSEX, SS TRIAL COURT DISTRICT" COURT DEPARTMENT LAWRENCE DIVISION CIVIL ACTION # RALPH R. JOYCE * 194 W/43 MAUREEN J. JOYCE PLAINTIFFS VS * COMPLAINT FRANK SERIO, JR., AUGUSTINE W. NICKERSON* WALTER SOULE, ALFRED FRIZELLE RICHARD TREPANIER, WILLIAM J. SULLIVAN RAYMOND VIVENZIO, MAURICE S. FOULDS AS THEY ARE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER DEFENDANTS JURISDICTION 1. This is an action brought pursuant to Massachusetts General Laws Chapter 40A, Section 17 to appeal from the denial of a variance by the Board of Appeals, Town of North Andover, Massachusetts. PARTIES 2. The Plaintiffs, Ralph R. Joyce and Maureen J* Joyce are adult individuals residing at +428 Pleasant Street, North Andover, MA and are the applicants for variance from the zoning ordinances to the North Andover Board of Appeals herein appealed from. 3. The Defendant Frank Serio, Jr. is an adult individual , residing at 250 Hillside Road, North Andover, 14A and a member of the North Andover Board of Appeals* 4/. The Defendant Augustine W. Nickerson is an adult individual residing at 100 Moody Street,. North Andover, MA and a member of -the north Andover Board of Appeals. 5. The Defendant Walter Soule is an adult individual residing at 70 Raleigh Tavern Lane, North Andover, MA and a member of the North Andover Board of Appeals: 6. The Defendant Alfred Frizelle ' is an adult individual - RALPH ATTORNEY ALI LAW residing at 131 Appleton Street North Andover, MA and a JOYCE �TTa+NEr�.ww � 9 PP • n MAINSTNEET member of the North Andover Board of.Appeals. Nm+TNANooven.Mwos+s _ 1611685' 7. The Defendant Richard Trepanier is an adult individual _ W residing at 388 Mass, Avenue, North Andover, MA and a member of the North Andover Board of Appeals. 8. The Defendant William J. Sullivan is an adult individual residing at 405 Salem Street, North Andover, MA and a member of the North Andover Board of Appeals. 9. The Defendant Raymond Vivenzio is an adult individual residing at 11 Appledore Lane, North Andover, MA and a member of the North Andover Board of Appeals. 10. The Defendant Maurice S. Foulds is an adult individual residing at 40 Wentworth Avenue, North Andover, MA and a member of the North Andover Board of Appeals. ALLEGATIONS 11. The Plaintiffs, Ralph R. Joyce and Maureen J. Joyce, filed application with the North Andover Board of Appeals on March 21, 1984 requesting a variance from the frontage requirements of the zoning ordinances of the Town of North Andover, MA so as to allow the construction of a single family home on eight (8) acres of land on Rea Street, North Andover. An attester] copy of application is appended hereto and marked as Exhibit A. 12. The Board of Appeals held a Public Hearing on April 9@- 1984 .1984 upon the application of the Plaintiffs after due advertising and notice to the abuttors. 13. The following Defendant Board Members were present and sitting at the Public Hearing: Frank Serio, Jr., Chairman, Alfred Frizelle, Richard Trepanier, Augustine W. Nickerson and Walter Soule. 14. The Plaintiff, Ralph R. Joyce filed a plan entitled 'A Composite Plan of hand--in North Andover, MA' dated: April 6, 1984, John Callahan and Associates. The Plaintiff introduced testimony which sustained the burden of proof requiring the Defendant Board to issue a variance from the zoning ordinances under the provisions of Chapter 46A, Section 18 of the Massachusetts General Laws Annotated. 15. Upon the request of .an abuttor to have an opportunity to verify the lot lines as shown on said plan, the Defendant Board voted to continue the Public Hearing. 16. The Defendant Board met on May 21, 19874 with. the following members present and voting: Frank Serio, Jr., Chairman, RALPHRichard Trepanier, Augustine W. Nickerson and Walter wnoRNEr�i LAW JO Soule. Board member Alfred Frizelle was absent. JOYCE 96 MAIN STREET NORTH&NOOVER.&MV1M5 17. At this continued public hearing .evidence was presented stating that the lot lines were correct as shown on the above-mentioned plan and further evidence was taken from abuttors objecting to the granting of the variance. 18. A motion was made to grant the variance subject to conditions and voted by a three to one margin in favor of the motion. 19. The ' Defendant Board on June 1, 1984 filed their decision with the Town Clerk. An attested copy of which is attached hereto and marked as Exhibit B. 20. Pursuant to the Rules and Regulations of the North Andover Board of Appeals, the applicants by letter of June 4, 1984 (attached hereto and marked as Exhibit C) requested the Defendant Board to schedule a Motion for Reconsideration as further defined by the applicants letter of May 23, 1984 (attached hereto and marked as Exhibit D) . 21. The Defendant Board met on June 6, 1984 with members Frank Serio, Jr., Chairman, Alfred Frizelle, Richard Trepanier. Walter Soule - and Augustine W. Nickerson, present and voting. The Defendant Board voted to deny a Motion for Reconsideration on a three to two vote. A Motion to Reconsider the Denial was made which motion failed on a two to three vote. 22. The Plaintiffs are persons aggrievied by the decision of the Board of Appeals filed with the Town Clerk on June 1, 1984. 23. The decision by the Board of Appeals exceeds its authority as A. The Petitioner presented the necessary requirements for the Defendant Board to grant a variance under Massachusetts General Laws, Chapter 40A, Section 10 and . the Defendant Board failed to -grant or to take . proper action thereon. _ -B. The Defendant Board of Appeals failed to .bave a full five members sitting and present at the continued hearing of May 21, 1984. C. The Defendant Board refused to allow the fifth member the opportunity to vote upon the application. D. The Defendant Board was without jurisdiction to act on the application of the petitioners without a fifth member present or given opportunity to vote. ATTORNEY #T LAW E. The Defendant Board acted arbitrarily and ApR"EY A JOYCE capriciously in their failure to grant the variance 95MAINSTREET and in their refusal to grant the Motion for #NMT"#"WVER.M#0iM5 Reconsideration. - - - - 16tT865aS5S.,. .. WHEREFORE, the Plaintiffs demands 1. That the decision of the Defendant Board of Appeals be &nulled. + 1 a 2. That the Court order the granting of the variance in accord with the Massachusetts General Laws, Chap*er 40Ay Section 10. 3. That the matter be remanded' to the North Andoverd Boar of � Appeals for a finding not inconsistent with the orders of the Court, 4 For such further relief as the Honorable Court deems just and appropriate. rC£ t reet North Andover. MA 01845 685-8542 DATED: 11s/W r MADREEN J. JOY 428 Pleasant Street North Andover, KA 81845 685-8542 RALPH R.JOYCE ATTORNEY AT IAW _ •S MAIN SVWET 010RT04 ANOOYf R•MA 01843 i6171ilS�S55 r i fi.r. si EA7lIBTT B • - o+';°;',"� ,- Any appeal shall be file ivlthih (20) days after tN • !�*+!' . date of filing of thls Notic JUN j , 'L in the Office of the Towj� 37 ��j �� •�k�. Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 30, 1984 Mr. Daniel Long, Town Clerk Ralph R. Joyce Town Office Building South side of Rea St. 120 Main Street known as Lot t35. North Andover, Mass. Petition No. 22-184 Dear Mr. Long: The Board of Appeals held a public hearing Monday evening, April 9, 1984 upon the application of Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle Tribune on March 23 and 30-, 1984 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; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7.2 and Table 2 of the Zoning By Law so as to permit relief -from the minimum frontage requirement on a lot of land located in the Residential-2 (R-2) zoning district located on the South side of Rea Street and known as Lot #35, Rea Street. The petitioner testified that he is the prospective purchaser of land consisting of eight-(8) acres and that he is proposing to construct a single family dwelling on the lot. The lot contains twenty-one (21) feet of frontage on Rea Street where the Zoning By Law requires one hundred and _fifty (230) feet. He further testified that he would-be agreeable to a condition that states that as long as the lot lines and .thie .configuration stays as is, only a single family dwelling.may be constructed on the lot. - .ATr= ♦Trus Capt Town Mork - Ralph R.. Joyce . South side of Rea Street known as Lot 135 nu Petition No. 21-084 May 300 1984 JLW 11376114 Page 2 Sever neighbors spoke in opposition to the petition. One abutter requested that the public hearing be continued to give him an opportunity to have his land surveyed and verify the lot lines as shown on the plan submitted by the petitioner. The objections raised by the abutters concerned a well located near the property in .question, erosion problems. and the fact that granting this variance coll- uld result in the futureeve opment of the parcel into additional lots. The public hearing was continued until Monday evening, May 21, 1984 with the following members present and voting: Frank Serio. Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; Augustine V. Nickerson; and Associate Member Walter F. Soule. At this hearing, evidence was presented stating that the lot lines as shown on the plan are correct. A motion. was made by Mr. Trepanier and seconded by Mr. Nickerson to grant the variance subject to the conditions that only a single family dwelling may be built as long as the property lines remain the same as shown on the plan of land entitled "A Composite Plan of land in North Andover. Mass, dated eApril Callahan 1984, prepared for Helen A. Kororkys, Owner, by John C. _ Associates" unless additional land with adequate frontage is obtained according to the existing Zoning By Law in effect at the time the additional land and frontage is obtained. in addition, the variance is subject to the condition that the driveway leading to the property be gravel according to standard construction . procedures. The motion failed to carry; with Members Trepanier;Nickerson, and Soule voting in favor and Member Serio voting in apposi_ti70n. Therefore, pursuant to M.G.L., Chapter 40-A and the North Andover Zoning By Law, Section- 10, Paragraph 10.4 (2). the petition is denied. Sincerely. BOARD OF APPEALS .--- Frank-,Serio, Jr. , ._Chairman A7TZS? 3w - isms Capt Tian Clerk r t _ u =•J Noaty .. • ' ;��"°`''�;�. spWl shall be filed 1455 Withitf (20) days after the: ilia@ of filing of this,NOUCO j i the Off Ito of the Iowa JLW 1137 AM WN OF NORTH ANDOVEfi MASSACHUSETTS ' SOAWD Of APPIEMS NOTICE OF DECISION Date . . . . .N4Y. 4.9..1984....... Petition No.. . R17..84.. .... _.... Date of Hearing. obi;rA 1. 9 e. A90.4 cont. May 21, 1981 Petition of . . ....3WL;'R -AND MAURE£R -JOYCE. . . . . . . . . . . . . . . .. . . . . . ........ ... ... ... Premises affected . . . .$outh .side. crf. A4.Lot. 435......... . . ... Referring to the above petition for a variation from the requirements of the . .2.03)ing_By. JAW Sectign .7�. .Par$grapY�.7...2. .and .Table .2. . . . :. . . . .. . . . . . . . . .... . ............... i- so as to permit . .relief . from .t-he.frontage.requirement. . .... ........ .......... . ... . . . . . . . .... .. . .. .. . . . . . . . ... ... . ...... .. . .. .. . . . . . . .. ... ...... . ........--- -•---• f After a public bearing given on the above date,the Board of Appeals voted to . . .*1).£RY. .. . the j variance.. .. . . . . . . . . . .. . . . . . . . ud�i�eaacxfg�A�tst�issxareic . �r ,bc64 . . . . . .. . . . . . . . ._. . -- . -.a �-- 7R�i9.PLt16tt'110��]5��1lKiI�'RO�OA* 1�'��'•1tQP�1��R.�. - 1 - Signed Frank Sexio., .Jr... .Chairman. .. . . . . Ri.rboxd. J. .Trepanier.,. Taq... .Clerk Augustine .W... -Nickerson...... .... .. #T'= 'W= � Waltez 7.. :Soule. .Associa.te L Member WOO . . :. . ... .. ... . . . . . . .. . . . . .. Clat'!c $oard of Appeals y • M EXHIBIT C - a p p Q TELE►NONE 6BS•aSSS CJS. � f� DyCL `• v ATTORNEY Al LAW ELLIS BUILDING "T % F e SS MAIN STREET NORTH 4NODYER. MIA 0184E June 4, 1904 Board of Appeals FRANK SERIO, JR,r CHAIRyAN 120 Main Street North Andover, MA 91845 R£: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr, Chairman: In Order that I may be in strict compliance with your rules and regualtions requiring a written request for a Motion for Reconsideration received ten days .after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter, _ . Ver u our . yc RRJ:mjj N . r TELEI'NONE 6105•W555 ATTORNEY AT LAW - I . „ FLUS BUILDING p B5 MAIN STREET fiATO .E+� �D� NORTH ANDOVER. MA=D1845 May 23, 1984 Board of Appeals - FRANK SERIO, JR., CHAIRMAN 120 Main Street North Andover, MA 01645 RE: VARIANCE APPLICATION RALPB It. & MAUREEN J. JOYCE R£A STREET, NORTH ANDOVER Dear Mr. Chairman: Please accept this letter as a request for a Motion for Reconsideration of the action of the board on the above-cited matter in their meeting of May 21, 2964. It is my contention that since the full board was not present and voting that my ability to 'secure the variance bas been significantly prejudiced thereby. Accordingly I request that a special meeting of the board be scheduled with all five members sitting on the application present and available for reconsideration. I thank you in `advance for your consideration .in this mutter. VeWbJ ours ce RRJ:mjj TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN IIELEMONE 682.6583 �D 9 i a Ow r h 1. �,SSACMUS�� June 25, 1984 Ralph R. Joyce, Esq. 0 85 Main Street North Andover, MA 01845 Dear Attorney Joyce: c On Friday, June 22, 1984, the Board of Selectmen's office received a letter from Frank Serio, Chairman of the Board of Appeals (see attached letter) . In his letter, Mr. Serio is requesting that the Town appoint Special Counsel in the case of Ralph & Maureen Joyce vs. Board of Appeals. Mr. Serio has submitted this request to the Board because of your recent appointment as Town Counsel for the Town of North Andover. In light of this situation, the Board of Selectmen is requesting that you indicate in writing how the Board should proceed to best protect yourself and the Town in this instance (e.g, How do you propose to conduct yourself in this matter, and how do you propose that the Board proceed in this matter?) . The Board wishes to have your response in writing no later than 7:00 P.M. today so that they may act on this issue this evening. If you have any questions relative to this matter, please give me a call. Very truly yours# BOARD OF SELECTMEN l-hn P. Schenko Eaecuive Secretary JBccf TELEPHONE 685.4555 '4L/212 apyCE ATTORNEY AT LAW ELLIS BUILDING 95 MAIN STREET, NORTH ANDOVER. MA 01a45 • is June 25, 1984 Board of Selectmen John W. Graham, Chairman 120 Main Street North Andover, MA 01845 RE: DISTRICT COURT OF LAWRENCE CIVIL ACTION 968-84 Dear Mr. Chairman: I am in receipt of -your letter of June 25, 1984 and obviously I will completely withdraw as Town Counsel in the above cited action. My wife and I will be represented by Attorney Carmine DiAdamo. You further request that I indicate how the Board should proceed to best protect myself and the Town. I consider it wholly inappropriate for me to render any advise on your procedures, choice of counsel, etc. Kindly advise if I may be of any further assistance in this matter. Z 11P rul our , Jo ce RRJ:mjj ---•�--- FCR! A + 13b;ILI ED i,JT�TO R EMIRS rPPROVAL �M►r , 19 To The Planning Board of the Town of North"Andover: The undersigned wishes to record theaccompanyingplan ;and .requests a deterniina— tion by said Board that approval"by it under the Subdivision Control Law is not required. The undersigned believes that such approval isnot required for the , oliovring reasons: I. The division of land shoetn on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public gray, namely, 469446 y, , being land bounded as follows: ma , w4� 4 eb"*1 -- i ISM and as 1r , M, of "` r 2. Title reference: North Essex Deeds Book Page ; or IN ORION I _rte. y � Roccived b , Ork: Applic si Lure cant's address Date: Ap c� S�_g'zat ;so z Oe. er's signature and address if not the IAS �° applicant: L _ of of PI C.n Pla 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lam and the appropriate endorsement has begin made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. Co 411 s. 81—L, and must therefore be re—submitted to it for approval under the subdivision control law. Very truly yours, NORTH AIMOVER PL-AI Thrz BOARD By Date: i e TELEPHONE 685-4555 T gotycE ATTORNEY AT LAW �} p'j ELLIS BUILDING Jury 15 2 23 f pH X84 95 MAIN STREET NORTH ANDOVER, MA 01845 June 12, 1984 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 RE: Variance Application - Rea Street Ralph R. & Maureen J. Joyce Dear Mr. Long: Please accept this letter as a Notice of Appeal from the action of the North Andover Board of Appeals on the variance application filed by Ralph R. Joyce and Maureen J. Joyce with your office on March 21, 1984. Thank you for your attention to this matter. Ver e. Joyce ou , ph RRJ:m]] cc: Frank Serio, Jr. , Chairman Augustine W. Nickerson Walter Soule, Alfred Frizelle, Richard Trepanier, William J. Sullivan, Raymond Vivenzio, Maurice S. Foulds CERTIFIED MAIL, RETURN RECEIPT REQUESTED i RI ' a COMMONWEALTH OF MASSACHUSETTS ESSEX, SS TRIAL COURT DISTRICT COURT DEPARTMENT LAWRENCE DIVISION CIVIL ACTION # RALPH R. JOYCE MAUREEN J. JOYCE PLAINTIFFS I! * VS * COMPLAINT * FRANK SERIO, JR. , AUGUSTINE W. NICKERSON* WALTER SOULE, ALFRED FRIZELLE RICHARD TREPANIER, WILLIAM J. SULLIVAN RAYMOND VIVENZIO, MAURICE S. FOULDS AS THEY ARE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER DEFENDANTS JURISDICTION 1. This is an action brought pursuant to Massachusetts General Laws Chapter 40A, Section 17 to appeal from the denial of a variance by the Board of Appeals, Town of North Andover, Massachusetts. PARTIES 2. The Plaintiffs, Ralph R. Joyce and Maureen J. Joyce are adult individuals residing at 428 Pleasant Street, North Andover, MA and are the applicants for variance from the zoning ordinances to the North Andover Board of Appeals herein appealed from. 3. The Defendant Frank Serio, Jr. is an adult individual residing at 250 Hillside Road, North Andover, MA and a member of the North Andover Board of Appeals. The Defendant Augustine W. Nickerson is an adult individual residing at 100 Moody Street, North Andover, MA and a member of the North Andover Board of Appeals. 5. The Defendant Walter Soule is an adult individual residing at 70 Raleigh Tavern Lane, North Andover, MA and a member of the North Andover Board of Appeals. 6. The Defendant Alfred Frizelle is an adult individual RALPHA. AT LAW residing at 131 Appleton Street, North Andover. MA and a YCE ATTORNEY AT LAW 95 MAIN STREET member of the North Andover Board of Appeals. NORTH ANDOVER.MA 019/5 i61)1985d555 7. The Defendant Richard Trepanier is an adult individual residing at 308 Mass. Avenue, North Andover, MA and a member of the North Andover Board of Appeals. 8 . The Defendant William J. Sullivan is an adult individual residing at 405 Salem Street, North Andover, MA and a member of the North Andover Board of Appeals. 9 . The Defendant Raymond Vivenzio is an adult individual residing at 11 Appledore Lane, North Andover, MA and a member of the North Andover Board of Appeals. i 10. The Defendant Maurice S. Foulds is an adult individual residing at 40 Wentworth Avenue, North Andover, MA and a member of the North Andover Board of Appeals. i i ALLEGATIONS 11. The Plaintiffs, Ralph R. Joyce and Maureen J. Joyce, filed application with the North Andover Board of Appeals on March 21, 1984 requesting a variance from the frontage requirements of the zoning ordinances of the Town of North Andover, MA so as to allow the construction of a single family home on eight (8) acres of land on Rea Street, North Andover. An attested copy of application is appended hereto and marked as Exhibit A. 12. The Board of Appeals held a Public Hearing on April 9, 1984 upon the application of the Plaintiffs after due advertising and notice to the abuttors. 13. The following Defendant Board Members were present and sitting at the Public Hearing: Frank Serio, Jr. , Chairman, Alfred Frizelle, Richard Trepanier, Augustine W. Nickerson and Walter Soule. 14. The Plaintiff, Ralph R. Joyce filed a plan entitled "A Composite Plan of Land in North Andover, MA" dated: April 61 1984, John Callahan and Associates. The Plaintiff introduced testimony which sustained the burden of proof requiring the Defendant Board to issue a variance from the zoning ordinances under the provisions of Chapter 40A, Section 10 of the Massachusetts General Laws Annotated. 15. Upon the request of an abuttor to have an opportunity to verify the lot lines as shown on said plan, the Defendant Board voted to continue the Public Hearing. 16. The Defendant Board met on May 21, 1984 with the following members present and voting: Frank Serio, Jr., Chairman, Richard Trepanier, Augustine W. Nickerson and Walter RALPHR. AT LAWJOYCE Soule. Board member Alfred Frizelle was absent. ATTORNEY AT LAW 95 MAIN STREET NORTH ANDOVER.MA 01845 17. At this continued public hearing evidence was presented. 18171885-4555 stating that the lot lines were correct as shown on the .I � RRj j above-mentioned plan and further evidence was taken from abuttors objecting to the granting of the variance. 18. A motion was made to grant the variance subject to conditions and voted by a three to one margin in favor of the motion. 19. The Defendant Board on June 1, 1984 filed their decision with the Town Clerk. An attested copy of which is attached ihereto and marked as Exhibit B. j 20. Pursuant to the Rules and Regulations of the North Andover Board of Appeals, the applicants by letter of June 4, 1984 (attached hereto and marked as Exhibit C) requested the Defendant Board to schedule a Motion for Reconsideration as further defined by the applicants letter of May 23, i 1984 (attached hereto and marked as Exhibit D) . ! 21. The Defendant Board met on June 6, 1984 with members Frank Serio, Jr. , Chairman, Alfred Frizelle, Richard Trepanier, Walter Soule and Augustine W. Nickerson present and voting. The Defendant Board voted to deny a Motion for Reconsideration on a three to two vote. A Motion to Reconsider the Denial was made which motion failed on a two to three vote. 22. The Plaintiffs are persons aggrievied by the decision of the Board of Appeals filed with the Town Clerk on June 1, 1984. 23. The decision by the Board of Appeals exceeds its authority as A. The Petitioner presented the necessary requirements for the Defendant Board to grant a variance under Massachusetts General Laws, Chapter 40A0 Section 10 and the Defendant Board failed to grant or to take proper action thereon. B. The Defendant Board of Appeals failed to have a full five members sitting and present at the continued hearing of May 21, 1984. C. The Defendant Board refused to allow the fifth member the opportunity to vote upon the application. D. The Defendant Board was without jurisdiction to act on the application of the petitioners without a fifth member present or given opportunity to vote. E. The Defendant Board acted arbitrarily and RALPH R.JOYCE capriciously in their failure to grant the variance ATTORNEY AT LAW 95 MAIN STREET and in their refusal to grant the Motion for NORTH AMOOVER,MA 018.5 Reconsideration. 18171885.555 WHEREFORE, the Plaintiffs demand: 1. That the decision of the Defendant Board of Appeals be anulled. 2. That the Court order the granting of the variance in accord with the Massachusetts General Laws, Chapter 40A, Section 10, 3. That the matter be remanded to the North Andover Board of Appeals for a finding not inconsistent with the orders of the Court. 4. For such further relief as the Honorable Court deems just and appropriate. I / LPH R. JO CE 428 Pleasant reet North Andover, MA 01845 f 685-8542 DATED: U l MAUREEN J. JOY 428 Pleasant Street North Andoverr MA 01845 685-8542 RALPH R.JOYCE AtTOIOIET AT LAW 95 M41N STREET NORTH ANDOVER;MA01845 1601685-4555 i I I I EXHIBU B Any appeal shall be filed l .', ' : ;,'."■� within (20) days after the . date of filing of this Notice JUN ! 1137In the Office of the Town '=u Clerk. TOWN OF NORTH ANDOVER MASSACH Y%ETTS BOARD OF APPEALS May 30, 1984 Mr. Daniel Long, Town Clerk Ralph R. Joyce Town Office Building South side of Rea St . 120 Main Street known as Lot t35. North Andover, Mass. Petition No. .21- '84 Dear Mr. Long: The Board of Appeals held a public hearing Monday evening, April 9, 1984 upon the application of Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle Tribune on March 23 and 30, 1984 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; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7.2 and Table 2 of the Zoning By Law so as to permit relief from the minimum frontage requirement on a lot of land located in the Residential-2 (R-2) zoning district located on the South side of Rea Street and known as Lot t35, Rea Street. The petitioner testified that he is the prospective purchaser of land consisting of eight (8) acres and that he is proposing to construct a single family dwelling on the lot. The lot contains twenty-one (21) feet of frontage on Rea Street where the Zoning By Law requires one hundred and fifty (150) feet. He further testified that he would be agreeable to a condition that states that as long as the lot lines and the configuration stays as is only a single family dwelling may be constructed on the lot. ATTFST ♦True CW r yr Town Clerk Ralph R.. Joyce South side of Rea Street known as Lot i35 •au . ` R , Petition No. 21- ' 84 May 309 1984 JUN 1 tP 37 Page 2 Several neighbors spoke in opposition to the petition. One abutter requested that the public hearing be continued to give him an opportunity to have his land surveyed and verify the lot lines as shown on the plan submitted by the petitioner . The objections raised by the abutters concerned a well located near the property in question, erosion problems, and the fact that granting this variance could result in the future devel- opment of the parcel into additional lots . The public hearing was continued until Monday evening, May 21 , 1984 with the following members present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Associate Member Walter F. Soule. At this hearing, evidence was presented stating that the lot lines as shown on the plan are correct. A motion. was made by Mr. Trepanier and seconded by Mr. Nickerson to grant the variance subject to the conditions that only a single family dwelling may be built as long as the property lines remain the same as shown on the plan s land entitled "A Composite Plan of Land in North Andover ,, Mass, John Joted C.hn Callaril han 1984, prepared for Helen A. Kororkys , Ower, by Associates" unless additional land with adequate frontage is obtained according to the existing Zoning By Law in effect at the time the additional land and frontage is obtained. In addition, the variance is subject to the condition that the driveway leading to the property be gravel according to standard construction procedures. The motion failed to carry, with Members Trepanier, Nickerson, and Soule voting in favor and Member Serio voting in opposition. Therefore, pursuant to M.G.L. , Chapter 40-Aha d th North the Andover Zoning By Law, Section 10, P petition is denied. Sincerely, BOARD OF APPEALS _ Frank Serio, Jr., Chairman AT=? jw , Alms Cepr 44041 q Town Clerk M EXHIBrr B ao?s�'"°"''o' r app@gf stuff be filed �. A..nr+ .�• 1:r f;.1853 ;' within (20) days after the - •�' '•••' jdjf@ ®f filing of this Notice c�u� « 37 A '4U WN OF NORTH ANDOVER 1fi fit@ gfflCB of. the Town MASSACHUSETTS �' i�(: r� fo BOARD OF APPEALS NOTICE OF DECISION Date . . . . .44Y. .34.,. .1A, 4. . . .. . . a Petition No.. . 21-.'.89. . . . . . . . . . . Date of Hearing. Apri 1. .9 ,. .19 89 cont. to May 21, 1989 Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Premises affected . . . .South. .side. .of. Rea. Street. know..n. as . Lot. 435. . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . 2.oning. By. Law Section .7.8. .pa.rag.raph. 7...2. .and Table .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .relief . f rQm .th.e . frontage . requirement. . . . . . . . . . . . . . . . . . . . . . . . After a public bearing given on the above date,the Board of Appeals voted to . . .144NY . . . the variance . . . . . dxse� +e:�Liuidst�gxT� Ataissxa�ex RerRvtxlO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fid)k6LeiEOt�[xQtaQ�7SDf3��iQR1ROF'R�F04R14G?�}D�{�' 07#7��@�@E�4i�f[ f�#@R�4C Signed Frank Sexio., -Jx. .. .Chairman. . . . . . . . Richard. J. . Trepaniex.,. .Es.q.,. Clerk 47TMST Augustine .W... .Nickerson. . . . .. . . . . . . ATM O-W Walter.F.. .Soule, .Associate: I9ember 1 Town Mork Board of Appeals EXHIBIT C TELEPHONE 685.4555 eR,afpfi cR. loyce ATTORNEY AT LAW ELLIS BUILDING 95 MAIN STREET 7 NORTH ANDOVER, MA 01645 4S - June 4, 1984 Board of Appeals FRANK SERIO, JR. , CHAIRMAN 120 Main Street North Andover, MA 01845 RE., VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: In order that I may be in strict compliance with your rules and regualtions requiring a written request for a Motion for Reconsideration received ten days after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter. Ver u our y RRJ:mjj f EXHIBIT D _ TELEPHONE 665.4555 G'\QL�212 CR. '10 CE ATTORNEY AT LAW - - ELLIS BUILDING tt p i 95 MAIN STREET L'� ( � i M NORTH ANDOVER. MA�O1B45 May 23, 1984 Board of Appeals FRANK SERIO, JR. , CHAIRMAN 120 Main Street North Andover, MA 01845 RE: VARIANCE APPLICATION RALPH R. 6 MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: Please accept this letter as a request for a Motion for Reconsideration of the action of the board on the above-cited matter in their meeting of May 21, 1984. It is my contention that since the full board was not present and voting that my ability to secure the variance has been significantly prejudiced thereby. Accordingly I request that a special meeting of the board be scheduled with all five members sitting on the application present and available for reconsideration. I thank you in advance for your consideration in this matter. Very I ours J yce RRJ:mjj Q,0-e—e-rved ;.,y Towr, ClerkEXHUIITA o r.... Date : OF IIORTH ANDOVER, MASSACHUSETTS • ' BOARD OF APPEALS Tirge + Notice : jhis application must be typewritten APPLICATIbIVI�OR!IRJ;^t.�tfM ROM THE REQUIREMENTS OF -THE ZONING ORDINANCE, Applicant Ralph R. Joyge & Maureen J.JoyQ& Address 428 Pleasant 5t., No. Andoyerp M 1 . Application is hereby made ( a ) For a variance from the requirements of, Section 7 Paragraph 2 and Table 2 of the Zoning by-Laws . . ��tXxx�xxxRae�ab�x:t�ex�aa��uux [xit�t�ccK2i�xxx .N :��xxxxxx�'x>��R xl�xsr�x . �'g)CXk�X�IX I�X1�C3 '7IRX4Ci�KXE}P�C1C'�X��rK?fp�JC�?C2igK�C�o�CXDfi1CX4�C7BXtXXbC kf�Cg I des'�e3fJE1�kKdC$C}�X31�fKt+iaCd[�X v 2 (a) Premises affected are land XKIL)MXS30XNX]JtKX XXXXx70JQiitxdve- Rea Street. (b) Premises affected are property with frontage on the North ( ) South ( x ) East ( ) West ( ) side of Street, and known as No. Assessor Plat 38, Lot 35 treet. ( c) Premises affected are in Zoning District R-2 'aandtheprmofes 8 affected have , an area of acres XX)1XKSKX'� frontage 12 xXKKm feet. 3, Ownership (a) Name and address of owner (if joint ownership , give all names ) : Helen A Koroskys --- Date of purchase 1964 Previous Owner unknown (b) If applicant is not owner , check his interest in the premises : X Prospective Purchaser Lesee Other (explain) 4 . Size of proposed building : 52 front ; 26 feet deep; Height : 11 2 stories ; feet. a Approximate date of erection : new construction b Occupancy or use of each floor : single family residential (c ) Type of construction : W��afraae�P - 5 r3XXKxafc X,i X X)W)d X.VXXxxxxxxxXUIKX4XxXxxx_x_XXXXXXxi C N1XX=MXKY&XXX)QXXXX6XWXD=X xxx�cxx, cxgxtaa xWxx> x�fxu>�xx�rat�rXx — - I' b. Has there been a previous appeal , under zoning , on these premises? Nn 7. Description of relief sought on this petition Variance for lot of '2 foot fronta single family home. 8. Deed recorded in the Registry of Deeds in Book 1019 Page 307 or X �tXKbC�('►'�CX7iE1:1CK3�? £xXViSXX � t ' _._.______• J`13J1�'1' J.` mOwl TOM Ole* _ /fw.V•arW::ric'Yil+'��+18.111�. .._,. �.�.._._—.._ _ The ' principal points upon which I base my application are a:. follows : (Must be stated in detail ) Chapter 40A, Section 6 allows a lot to be "grandfathered" with a minimum of 50000 sq, ft. and SO ft. frontage. This lot is B acres with a 12 ft. frontage and prospective purchaser wants to construct '$ one single family house. I agree to pay for advertising an w pape incidental expenses* ^ � i-tioner 's Signature Sec. 1 APPLICATION FORM 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 in- formation 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 abutters to the abutters within three hundred feet 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 Hoard of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00. In addition , the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address I A Trtke C.. Town cleric (Use additional sreets if necessary) . f 3 ABUTTORS R. GARY & JEAN H. GILBERT LOT 118 REA STREET NORTH ANDOVER, MA J ROBERT; & NANCY NORBEDO 295 REA STREET NORTH ANDOVER,MA f DAVID F & KATHLEEN M. WEISS 307 REA STREET NORTH ANDOVER, MA ✓ JOHN H. KENDRICK & KATHLEEN A. COUMAS 319 REA STREET NORTH ANDOVER,- MA f VERN A & MARGERY A. RODDAHL 329 REA STREET NORTH ANDOVER, MA JOHN M. & PRISCILLA H. WALL 354 REA STREET NORTH ANDOVER, MA l JOSEPH J. & FAYE L. AVERKA 383 ABBOT STREET NORTH ANDOVER, MA J FREDERICK R. & ELIZABETH A. HALEY 273 REA STREET NORTH ANDOVER, MA ATS A True Caper Taxa Clerk t*0*1 A MU IEVDD f1"M TO 'R7WME APPROVAL , Jay 249 , 19 " To The Planning Board of the Torn of North Andover: The undersigned wishes to record the accompanying—plan and requests a determina— tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is. not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision \ because every lot shown`thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public way, namely, Mggot , being land bounded as follows: Northeast W*03 tqd IT &4W e aad est ire SWAUft4t. W*St s Md Jri f 2. Title reference: North Essex Deeds, Book 2 , Page L8 ; or R::ccived � f ' erk: Applic s s attire 01Date. App cants address Time t: :a r ..0 160 PI#6AWb sftNwt Sirar� :i�r y Ot-ner's signature and address if not the eG u,`� applican$: 110t7Cr! +.p I ,lITO." CL-77ff of on tilan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lam and the appropriate endorsement has be--n made upon the same. 2. The North Andover P1 •d has determined said plan shows a s bdivision, as ed by G. c. 41: s. —L, d mus a efore be submitt o it for appro unde he subdivi on contro Verytruly ours 1`Y Y Y t NORTH AIMWER PLANNIh r BOARD By Date: '3 �.. -..� APPLICATION FOR EIMRSE2E1.T 4F PLAN _ DELI? TQ ANUM APYR t April 22 �9 80 io The Planning Board of the Town of North Andoyart The undersigned wishes to record the acaoopanYiVkt Plast and requests a determina- tion by said Board that approval by it under the SeWivigion Ceatrol Law is not required. The undersipW believes that such apptrosel is "t required for the :ollowiAg reasceest 1. The division e[ lnd Ohm ea the aa� Aft is Wk a SdAMvisim because every Lt shoos Umwssm Ms the "Munn at fry required ta► the North Andever foatag lr&14x and is an a pubUe ftye e Salem Stree+ or a private "Ta "*meIr► ------ -. .�......e beir4 land bounded as felu"I On the nortbby Salem St e t On the east -)?y NIP Howes and Marblerid e Street On .the south by NIP Howes On the west by NIP Ridgewood Cemetary 2. Title referensel Worth Usex Dssiae Book pop_2A� , Ceriit`ie�►te of i'it].e �'•,.......�,� or qe . Received by Town Clerk: App • s e Y Dater ® Applicsn Oe a sli Time: APR 231980 Signat �Q Owwr•s firksturo and< address it not, the aQ to bz zip`' applicants i r Not#c e to AFPLICANT/70WN CLARE oaf Aatift of T1aud" Dowd on Accompany-JAa Plan. 1.1 The Morth Wo►sr Plannif board hss determirOd 4h*E swJA pUm dela not require appvwal w1dw the m"Tiria" aorrt,rOl lw# wid the "PPropriate WOOrsema* has been sada upon tate ssede. b ` Very truly T+m ` c� t Date$ s �' i APPLICATION FOR ENDO SE!:EhT OF pLA), April 22 -1•9 80 I To The Pluming Hoards of the Town of North Andover, The undersigned wiahss to record the accaapOWU* PIM and musts • detsrmdm- tion by said board that approval bar it ander the Subdivissp Control Lew is not required. The Undersigned bslisvds ♦at, such a � is Wt rwquire4 for the wing reasomi 1. The divislaa of IwA shm at the aQ D W* a WAWA fief because seitrgr 2" shears there" beg awe art r br the North Andover toning min► and is an a publie "Wr R Salem strPQt or a private mW, V40001yR __�..._�. ..e being land bow4ed as folU"j On thenorth b Salem St On the east b N/I' Howes unci Mdrblerid e ,Street On ,the south by NIP Howes On the west by NIP Ridgewood Cemetary 2. Title refsrenssf Nor" gsseX Desist Book�� � Per o or Certificate of title De•-.-.....t gsao ._..� Np.._, or Others Received by Town Clark, App at • Datet - Applicsn 's sdd�ross Time: Si.gnat e: APR ft �� appalcat��signature and sddrsss ifs the _........: `yam Notl a to APPLICANTAMN CLUX of Action of tl arrs=ft Dvard on Acco+npanylzg Plant. 1. The 4orth AAd*vw PlACrAr4 Hoard has determlaod that cat,{ pl= do" not raqudra aplxroval WA&r the wabdirieian MMtrol lw, WA the &Ppropriate endorses" has been made upon the aem*. 2. The North Andover Flutaip; Soatd has determined that eeid plass shows a subdiridfc n, as defined by Q.L. a. 411 B. RIAO end e4st therefore bs r"Ubmittsd to it toga bpprOV81 under the ouWLvitien soatral UM* f W7 tr4Y jVwA X" AM" ?&AM ? DOW 4 iMtee f A ?JT TO R„rUG?F APPROVAL_ 19 ,--,�- To The Planning Board of the Town of North"A.ndover: The undersigned wishes to record the accompanying plan.and requests a determina- tion by said Board that approval by it under the subdivision Control Law is not rcquired. The undersigned believes that such approval is not required for the follo.ring reasons: 1. The division of land shown on the accompanying plan is not a subdivision ' because every lot shorn thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public wayl namelyg nA14._fitreot or a private wsyg namelyt being land bounded as follows: � South - —— 2. Title reference: NaaW Essex Deeds, B6510 Page 111 i or Certificate of Title No. Registration Book page m_F or Other: Received by Tovn Appli * at Date: plicant's ad e ;' OCA `� ,, •� eu Szgcxature. `'. 9► ; Ox-.-.er's signature and address if not the applicant: 1 ��7.CC 1•n f-ii T• �'f. . �/:ti.. �i.�:: •i �: �_ :1 i t'i �L e� 3ourd on e 1. The North Andover Planning and as determined that said plan does not require approval under t ubdivision control laug and the appropriate endorsement ha an made upon the same. 2. The North Andover Plannin rBhas determined that said plan shows a subdivision, as defined . c. 41, S. 81--L and must thorefore be re—submitted to it f al under the subdivision control law. �,�c��1-�.�n�► (.ems g. -- 3 LU 0L� L VMTH AIIDOM PUNNIM BOARD i Dates /!A/79 he land with the buildings thereon located on a "Plan of N, Land, North Andover, Mass.'; prepared for the , Tov,.rn of North Andover and elated October 15, 1971, Andover Consultants, Inc., William S. � McLeod, Registered Land Surveyor", being bounded and described a`s follows: 'n(-inning at a point ill the Northerly side of Dale Street.. said point being 'approximately 525.00 ' Resterly of the Dound of land now or formerly of John J. and Rita D. Danahy. and ;the Grantors named herein, all as sno<<rn ' on said plan; thence running North 340 31 ' 35 " West. 165.47 feet; thence turning and running North 550 28 ' 251' East, 275.00 feet,- thence eet;thence turning and running Soutli, 340 31' ',35" East to a point in the Northerly side of DOle Street,• thence turning :.nd running South, 550 281 25 " 'West, 100. 00 feet along said Dale Street to a bol' , found' in the roa&, thence turn- ing ana running along said Dale Street by a curve with a radius of 800.00 feet for a distance of 85.1£ feet to the point of begirnir,C, a'.l. measurement: be_nc m(Y- e or less and as shoilri on sa1,01 Plan. ',,leaning and i nten(9inq to convey land gz �nrpc to the Town of Andover by deed of Samiipl_ Jenkins e+ ux and recorded in the South "Essex Registry of Deeds and Took 530 Page 11.1. xt Fa �a f ' 1 y .t+ fY 7 r j 7 N Deceived ,•y° Toltrr, Clerk : ;. Date, _.:TOWid OF NORTH ANDOVER, MASSACHUSETTS ' BOARD OF APPEALS fj ;';.• ,' Time : , WSCHUS Notice: -"This application must be typewritten APPLICATNWORtjg_Ei4FaflF OM THE REQUIREMENTS OF `THE ZONING ORDINANCE Applicant Ralph R. Joyce & Maureen J. Joyce Address 428 Pleas= St., NQ. Andover, MA 1 . Application is hereby made (a ) For a variance from the requirements of Section 7 Paragraph 2 and Table 2 of the Zoning By-Laws . �x�xx�x�x�ipt� x�a:ma�x��xx�x�i+�cXxxXXx�cx����xxxxxx�N�c��l� I t3f1t�XXt��'X141�X4Y�X 2. ( a) Premises affected are land XKv0ffWWX4tXX2LXXXXXXA%k%M.%t14 Rea Street . (b) Premises affected are property with frontage on the North ( ) South ( X ) East (' ) West ( ) side of7' RPag mer Street , and known as No - Assessor Plat 38, Lot 35 _ _Street . ( c) Premises affected are in Zoning District R-2 and the premises affected have an area of 8 acres _ X)1XXXV[XRq@0Xand frontage of 12 XXL feet. 3. Ownership . ( a) Name and address of owner (if joint ownership , give all names ) : Helen A.'Koroskys Date of purchase 1964 Previous Owner unknown (b) If applicant is not owner, check his interest in the premises : X Prospective Purchaser Lesee Other (explain) 4. Size of proposed building : 52 front ; 26 feet deep ; Hei ght : 11/2 stories ; feet. (a ) Approximate date of erection : new construction ( b) Occupancy or use of each floor : single family residential ( c ) Type of construction : wood fram e 5 . %Xxxx(K'K :tixg:)bomxtiaglixxxXxxxxxxgiy'x x4xxxxxxxxxxxgxx(tx _ XX4KXKX s7txxxaCs ; )ftX7t- X xx�j6X�€x�t3��tX3xXXXXxeca�acbt�Xx X� xX ( fiix�lx�lbxXxRQSXx WxxTx xx�crxcrx¢ xa�x 6 . Has there been a previous appeal , under zoning , on these premises ? NO )LfXX§[Xx ? . Description of relief sought on this petition Variance for lot of '2 foot frontage and 8 acres to c-nnstnirr n single family home, 8. Deed recorded in the Registry of Deeds in Book 1019 Page 307 or I� X�43lXi��:�XXf�K�dF'X3N�6XX �Qj<C The principal points upon which I base my application ar"e as follows : (Must be stated in detail ) Chapter 40A, Section b allows a lot to be "grandfathered" with a minimum of 5,000 sq. ft. and 50 ft, frontage. This lot is 8 acres with a 12 ft. frontage and prospective purchaser wants to construct one single family house. I agree to pay for advertisingin w papa incidental expenses* f tioner 's Signature J.. .. Sec. 1 APPLICATION FORM - 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 in- formation 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 abutters to the abutters within three hundred feet 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 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 (Use additional sheets if necessary) c ABUTTORS R. GARY & JEAN H. GILBERT LOT 118 REA STREET NORTH ANDOVER, MA / ROBERT & NANCY NORBEDO 295 REA STREET NORTH ANDOVER,MA j/ DAVID F & KATHLEEN M. WEISS 3417 BEA STREET NORTH ANDOVER, MA ✓ JOHN H. KENDRICK & KATHLEEN A. COUMAS 319 REA STREET NORTH ANDOVER, MA / VERN A & MARGERY A. RODDAHL 329 REA STREET NORTH ANDOVER, MA f JOHN M. & PRISCILLA H. WALL 354 REA STREET NORTH ANDOVER, MA / JOSEPH J. & FAYE. L. AVERKA 383 ABBOT STREET NORTH ANDOVER, MA FREDERICK R. & ELIZABETH A. HALEY 273 REA STREET NORTH ANDOVER, MA ..1a • 3 .z�r�4� r� � RECEIVED LAW OFFICES OF DANIEL Tc o�ra 4 CLEERK REGINALD L. MARDEN, P.C. NORTB'ANMVER 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01810 SEP 3 G REGINALD L. MARDEN TEL. (617) 470-0477 STEPHEN J. BANDOIAN WILLIAM W. CORCORAN OF COUNSEL CHARLES F. FOSTER . NARK B. JOHNSON .September 2, 1782. Mr. Daniel Long Town Clerk Town of North Andover North Andover, MA. 01845 Re: Casserly et al V. Serio, et al Dear Mr. Long: Enclosed, pursuant to Massachusetts General Laws Chapter 40A, Section 17 ,you will find a copy of the Complaint filed in the Essex County Superior Court, appealing the granting of a variance to Maureen J. Joyce. Very truly yours cwc" Reginald L. Marden RLM/mmc enc. cc: Certified Mail-Return Receipt Requested to: Frank Serio, Jr. William J. Sullivan Augustine W. Nickerson Maurice S. Foulds Alfred Frizelle Richard Trepanier Walter Soule Raymond Zivenzio Maureen J. Joyce , 3 COMMONWEALTH OF MASSACHUSETTS ` Essex, ss Superior Court No.�� - ► �8 y James J. Casserly, Roland A. Giard, Stephen R. Doherty, Jr., John J. Cyr, Jr and Peter Raadmae Plaintiffs V.. COMPLAINT Frank Serio, Jr., William J. Sullivan, Augustine W. Nickerson, Maurice S. Foulds, Alfred Frizelle, Richard Trepanier, Walter Soule, Raymond Zivenzio as they are members of the Board of Appeals of North Andover and Maureen J. Joyce Defendants JURISDICTION 1 . This is an action brought pursuant to Massachusetts General Laws - Chapter 40A, Section 17 to appeal the granting of a variance by the Board of Appeals, Town of North Andover, Massachusetts.' PARTIES 2. The Plaintiff James T. Casserly is an adult individual residing at 55 Second Street, North Andover, Massachusetts. 3. The Plaintiff Roland A. Giard is an adult individual residing at 57 Second Street, North Andover, Massachusetts , ' III 4. The Plaintiff Stephen R. Doherty, Jr is an adult individual `re'siding:+;t t at 65'Seeond Street, North Andover, Massachusetts. 5. The Plaintiff John J. Cyr, Jr. is an adult indivival residing at '38 Second Street, North Andover, Massachusetts. }' 6. The Plaintiff Peter J. Raadmae is an adult individual resld �g at 45 Second Street, North.Andover, Massachusetts. ^ " 7. The Defendant Maureen . J. Joyce is an adult individualresiding at 428 Pleasant Street, North Andover, Massachusetts. 8. The Defendant Raymond Zivenzio is an adult individual residing at 11 Appledore Lane, North Andover, Massachusetts. 9. The Defendant Frank Serio, Jr. is an adult individual residing at 250 Hillside Road, North Andover, Massachusetts. 10. The Defendant William J. Sullivan is an adult individual residing at ' 405 Salem Street, North Andover, Massachusetts. LAVA OFFICES OF - REGINALb L MARDEN,P.C. 11. The Defendant Richard Trepanier is an adult individual residing at AS C19WR 1L/TRccT 308 Mass. Avenue, North Andover, Massachusetts ANOOYOR. MAOI.0101O TOL4''.10171 470-0477 12. The Defendant Augustine W. Nickerson is an adult indi4idual residing at 100 Moody Street, North Andover, Massachusetts. 13. The Defendant Alfred Frizelle is an adult individual residing at 131 Appleton Street, North Andover, Massachusetts. 14. The Defendant Maurice S. Foulds is an adult individual residing at 40 Wentworth Avenue, North Andover, M4ssachusetts. 15. The Defendant Walter Soule is an adult individual residing at 70 Raliegh Tavern Lane, North Andover, Massachusetts. 16. The Defendants Soule, Foulds, Frizelle, Nickerson, Trepanier, Sullivan; Serio and Zivenzio are the members of,the Board of Appeals of North Andover, Massachusetts. ALLEGATIONS 17. The Defendant Maureen J. Joyce on April 20, 1982 filed a request for a variance from the frontage and side set requirements as they effect 50-52 Second Street, North Andover, Massachusetts. A certified copy is attached as Exhibit A. 18. 0n June 18, 1982, the Defendant Board of Appeals of North Andover filed with the Town Clerk its Notice of Decision denying Joyce's request for a variance. A certified copy is attached as Exhibit B. 19. The Defendant Joyce did not appeal said decision.' 20. The Defendant Joyce is the petitioner in a request for a variance from,: the provisions of Section 7, par. 7.2 and table 2 of 'the North Andover Zoning by-laws (frontage requirements. A certified copy is attached as Exhibit C. 21 . On August 18, 1982, the Defendant Board of Appeals' filed with the Town' Clerk its notice granting Joyce's request for a variance. iA.certified ; . copy is attached as Exhibit D. 22. The Plaintiffs are all persons aggrieved by the decision of the,rB©ard of Appeals,filed with the: Town Clerk on August 18, 1982. 23. The decision of the Board of Appeals exceeds its authorityasz. (a) there are no circumstances relating to the soil condition-, .shape or topography of the land or structures especially. effecting ,such land or structures but not. effecting generally the zoning district in':which the land is located; (b) a literal enforcement of the provisions of the by-law wouldobot invoke a substantial hardship to Joyce; (c) the granting of the variance causes substantial detriment•toithe public good and nullifies or substantially derogates from the intent and purpose of the law; (d) violates Massachusetts General Laws, Chapter 40A, Secti¢m; 16. -. WHEREFORE, the Plaintiffs demand: LAW OFFICES of 1 . That the decision of the Board,:of Appeals be. annulled; REGINAL*L MARGEN.P.C. 2. That this Honorable .Court grant such other relief deems.just.:and IRS QRNTRAL RTRRRT 'appropriate ANDOVtR.MASS. 09010 James J Casserly et 'al by their attorney 'MLA 1017)470.0AL77 Dated: September 2, 1982 Reginald L. Marden 23 Central Street, Andover, MA. 01810 (617) 470-0477 Received by Town Clerk : RECEIVED Dater/ Z, TOWN OF NORTH ANDOVER, MASSACHUSETTSDt.h!FE ;_0'`;G ,� •tet BOARD OF APPEALS T[�:"H r":.ERr Time - NORTn I1-10YER Notice : This application must .`be typ' w.r tt APR A c�54 Phi '82 . APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant /VJfj()11 E4EitU -r- 0/Gt Address fl b ?2f19:9i ^7 r57. 1 . Application is hereby made `lam)) For a variance from the requirements of Section 7 Paragraph Z9-_� -and Table Z of the Zoning By-Laws . - _ (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority: 2 . ( a) Premises affected are land X and building(s ) X numbered ,.SO -6Z sfe4U7 ST Street . (b) Premises affected are property with frontage on. the North South (, } East ( ) We st Street, and known as No. ,�r z Street . (c) Premises affected are in Zoning is � , and the premises affected have an area of -3g sco square feet and frontage of j.30 ' sot a*e, feet.' 3. Ownership (a) Name and address of owner (if joint ownership , give all names) : Date of purchase ..3 zD Z_ _Previous" Owner /'?I-Z 6 Li�ZV_` (b) If applicant is not owner , check his interest in the premises: Prospective Purchaser Lesee other (explain) 4. Size of proposed building: front ; feet 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: (c) - Type of construction : 6. Has there been a previous appeal , under zoning . ort these premises? .� If s o , when'? Z - a'i G4tie" Xi STs %Ucrr " -::9 77t'&e 7 XOX C To e TZ5 To /-`51 y-/ >,, el Av ,'7- 7. Description of relief sought on this petition AX.s?i 106 t'�,r z d�,c06 Pti i H6 /14 tc�'�.Y c ��7`Z? Go T, 8. Deed recorded in - the Registry of Deeds in Book Page or Land Court Certificate No. Book Page ATTEST: A Tree Copy /�1 T�'CfOrk g F 1kl i.tK�l ., The principal points upon which I base ,my application are as follows ; (Must be stateddiin detail ) • .fir I agree to pay for advertisi in news r and incidental.,.expenses* ,� e ' tioner 's Si nature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. These 'forms steal-I 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 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 streetorway , and abutters to the abutters within three hundred feet of the propert; 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 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 F 9 M {use additional sheets if necessary) zr'• �°R Any appeal shalt be filed P.C '�I• within (20) days after the t c'. < � G � �• teas : ;, HGc . ER '►. :ciiug� ke pfji►ing..of this Notice •,•� ih'the office of #h 'Town' ' JUN 54 P '�Z TOWN OF NORTH ANDOVER clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION b June , 22, Date . . . . . . . . . .1982 Petition No.. . 2.0'. -. . 8.2 . . . Date of Hearing May, 1 Q , 19$2 Petition of . . . . . .MA U R EEN. J . J.OY,O E . . . . . . . . . . . . . . . . . . . Premises affected . . . .5 0-5 2. .S a c.4 n.d .street. . .•.•. . . . . . . . . : . :. . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . :. Z00-ng. Zy: .Law Se.Gti,on. .7. , .Pa.r.• . .T,2.,. .7...3 . a.nd. .Tab.le. :2 . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . so as to permit . ahe_ :cr.eat.ion. .o.f. .a. .1ot. .hd�in9. 1.e$s. .th.an. .th,a :re.qu.i':r-ed. . . . . f.ronta ge. .an.d. s.e t. .ba.cks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .DEPdY. . . . . the v a r i a n c e. . . .. . . . . . . . . . . . . . . . . . . . .YA8XHh*&X aab3tli N AN)I#tY]MMOWN xW A K P"tY u . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::. I*XtM)`"Kr XW-XdfAXX 7LDk"MaIK,XtWAtD(V("AX4(j0xP fi I Kohajon: Signed Frank, Ser o.s. .Or.. , . Ch ai;rman . . . ... . . . Vjiljam . J...'. Sullf.yop ` . : . . . . . . . ATTXST: Augusti ne. .W,. .iii.cAe.rs.o0 . . . . . . . . . . . . A True Choppy E_.. / "�d..y !!a] ter. F.. .Snule. . . . . . . . . . . . . . . Town Clerk Board of Appeals C"'RRR T, , i;K ► N016 1 .JUN 53 PH TOWN OF NORTH ANDOVER MASSACHUSETTS aOARD OF APPEALS June 22, 1982 petition No , 20- '•82 Maureen .J : Boyce, Premises Affected 50-52 Second Street f1r. Daniel Long , Toam Clerk Town Office -Building North Andover: 'Mass . 0- 845 Dear Mr . Long ; The Board of Appeals held a public hearing on Monday evening , May 10 , 1982 upon the petition of Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on April 22 and 29 ; 1982 and all abutters were notified by regular mail . The following members were present at the public heating : Frank Serio; Jr . , Chairman ; William J . Sullivanj Augustine W. Nickerson ; Walter F . Soule ; and Maurice S . Foulds . The Board rendered their decision on June 14 , 1982 with Members Serio , Sullivan , Nickerson , and Soule present and voting . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 2 and 7 . 3 and Table 2 of the Zoning By Law so as to permit the creation of a lot having less than the required frontage and set backs on premises located at 50-52 Second St . The petitioner , through counsel , testified that the land was purchased recently by her . There are two structures on the premises . The structure located on Lot A. is a legally non- conforming four-family unit . No changes are proposed to this lot . Located on Lot B is a legally non-conforming cinder block garage which has been used for business purposes in the past . The petitioner proposes to convert the structure on lot B into a two-family unit , thereby eljminating the non-conformance . The shape of the property does not allow the subdivision without the variance . BZ M N14t RECD ;" h . Petition No . 20 - ' 82 Dp;,l :35G Maureen J. Joyce 7u.,.I C K Page 2 HoR7N Jut+ Z2 12s PM'82 Several abutters were present at the public hearing °to voice their objection to the proposal . At the June 14 , 1982 meeting, a letter from the Building Inspector was received by the Board which stated that no lawful non-conforming use has ever been established for the premises , Upon a motion made by Mr , Soule and seconded by Mr, Sullivan,- the Board voted unanimously to deny the request. The Board finds that Section 10. 4 of the Zoning By Law has not been satisfied. Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman ,i w ATTEST: A True Copy Town wn` CIO 133 i r. Y 8�; �' iriBY yr • Received by Torn Clerk : Dater;F TOWW OF WORTH ANDOVER, MASSACHUSETTS "` t�' BOARD OF APPEALS '4 -,1 �IUH Z� p Notice : This application must be typewritten APP915�A%Wf� FOR RELIEF FROM. THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant /"19L)KEZ'w ,�, �PXe-e Address 14 fLFAS ST 1 . Application is hereby made• RtiD00�Rr (a) For a Variance from the requirements of. Section -7 _ Paragraph Z- and Table_ of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. ' (a) Premises affected are land, and building(s ) x numbered O-mss z _-5 EC©WF Street.._ (b) Premises affected are property with frontage on the North ( ) Soutn ( X) East ( ) West ( ) side of S'Fe0Vv Street , and known as No. O-sz S,ECDw Street . (c) Premises affected are in Zoning District /7- eV , and the premises affected have an area of 3a1Qr0c)' square feet and frontage of square feet. 3. Ownership (a) Name and address of owner (if joint ownership , give all names) : Date of purchase Z%'z previouts- Owner 1L1�F KEIT (b) If applicant is not owner, check his interest in the premises : Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: c24( front ; Meet deep ; Height: 7 rz stories ; feet. (a) Approximate date of erection : /VFW CaivsT�'(�'TrevU - (b) Occupancy or use of each floor: PTS�c1 .UT,' o2 F-/4y>C Y 111ewsgF (c) Type of construction: r-Uac>D 5. Size of existing building: feet front;` feet deep ; Height : stories ; feet . (a) Approximate date of erection : (b) Occupancy or use of each floor: (c) Type of nstruction : 6. Has there been a previous appeal , under zoning , on thesepremises? BSc If so , when? _i'V 23 / 9// (favog'�^ T 7-0 V -,T"!�AE / 9 g 2 r-f�o Ti'D.tJ o F Ci=�✓� i� 3C oC C 6 5 7. Description of relief` sought on this petition ��D��I6� ` 1/-'�l�%�fdiG� ° ? CO��S�I�'tJ.S'7- 2UE1.0� G''- /�.9'�'liG;/ /�G►�E' 8. Deed recorded in " the Registry of Deeds in Book' Page or Land Court Certificate No. Book Page ATTEST: A Trus COPY , f The principal points upon which I base my application are as follows ; (Must be stated in detail ) �F7t�T'S/><i 1 GAJ r`t'l�Ii.�"TF ��Uy /�.'orla GG!t/ Gr�'�"l�'fIJG- _USF 0.0 AZI OyF(7571FeF' 71-?F«6 6� I agree to pay for advertisin.a in newspa er and incidental expenses* "titioner 's Si nature Sec. 1 . APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnisheq 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 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 abutters to the abutters within three hundred feet 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 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 . (Use, additional sheets if necessary) Any appeal shall be filed r••o4. o;;rp�M within (20) days after the date of filing of this Notice •�, APO,.,,, In the Office of the Town i•. teas T�, + ,:.;; Clerk. ••.WV TOWN OF NORTH ANDOVER AUG 10 1 26 FM '82 MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .. August 16. . . 1982 Petition Na. 27.- 182 .. . Date of Hearing. . .J G 1 J! 12 , 19$2 Petition of . . . .Maureen J. Joyce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .50.-52 5 2 Second Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . Section 7 , Paragraph 7. 2 and Table 2 so as to permit . .the _ s.ubd.i.visi o.n .o.f. . a. .l of . a.nd. .cons.tr.uct.i.on. .of. .a. two. . . . f.am.. .y. dwe1.1 i.n9. .haY.i.n4. .1 ess, .tha.n . t.he. .r.eq.ui r.ed. .f.r.ontage.. . . After a public hearing given on the above date, the Board of Appeals voted to . .G RA NT. the Y a r i a n c e . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to - - -Maureen. J., . Joyce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1 . That the existing 1�2 story cinder block garage located on Lot B be razed priortothe issuance of a building permit . 2 . That the plans be modified to show that each lot will have its own driveway servino the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B , beginning at the poingigned in the land N/F of Nicosia and running in a •generally Frank . S.eri.o ,. Ar..., . G:hai.r.ma.n . . . . . . Southwesterly direction by the said lot line approx- Wil1i.am .J .. .S.ulli.van . . . . . . . . . . . . . . imately 100 feet . Auausti,ne. .W....Pli c.kerson . .: . . . . . . Mauri_ce. .S...-Foul ds . . . . . . . . . . . . . . . ATTEST: A True Copy . . . . . . . . I . . . . . . . . . . . . . . . Board of Appeals Town Clerk r r; NQ,A , .• AUG �V 26 AJI6i�l/(� ��sKNYs� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16 , ' 1982 Maureen J . Joyce 50-52 Second Street Petition No . 27 ' 82 Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Lona : The Board of Appeals held a public hearing on Monday evening , July 12 , 1982 upon the application of Maureen J . Joyce. The hearing was advertised in the North Andover Citizen on June 24 and July 1 , 1992 and all abutters were notified by regular, mail . The following members were present and voting at the public. hearing: Frank Serio, Jr. , Chairman , William J . Sullivan, Augustine W . Nickerson , Walter F. Soule , and Maurice S , Foulds . The Board rendered their decision on August 9 , 1982 with the following members present and voting : Serio, Nickerson , Sullivan , and Foulds . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 2 and Table 2 of the ?onine By Law so as to permit the creation of a lot having less than-the required frontage on premises located at 50-52 Second Street The petitioner testified , through counsel , that the land was purchased by her recently . There are two stroactures on the premises . The structure located on Lot A is a legally non- conforming four-family dwelling . No changes are proposed for this lot and Lot A was found to be in compliance with the North Andover Zoning By Law with respect to setbacks , frontage , and area . Located on Lot B and partially on Lot A is a legally. non-conforming cinder block garage which has been used for business purposes in the past. The petitioner proposes to raze the existing cinder block structure on Lot B and construct a two family dwelling within the setbacks required by the Zoning By Law. The petitioner proposes to eliminate any non-conforming states as to the use of the cinder block building. The shape of the property does not allow the subdivision without the variance . V 2 V hj4� Maureen J . Joyce RECE;4'c"D Petition No . 27- 182 Dahl3MG August 16, 1982 DAA iEE. I c�_�FK Page 2 NOR f, ,,„k ;ER AUG 26 PM '8Z Several abutters were present at the public hearing to voice theirb objection to the petition . At the July 12 , 1982 meeting , the Board instructed the petitioner to make revisions to the pian of land. The petitioner submitted the revised plans on August 9 , 1982 when the Board rendered :their decision . Upon a motion made by Mr. Sullivan and seconded by Mr. Foulds , the Board voted unanimously to grant the variance subject to"' the following conditions : 1 . That the existing 13� story cinder block garage located on Lot B be razed prior to the issuance of a building permit. 2 . That the plans be modified to show that each lot will have its own driveway serving the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B , beginning at the point in the land now or for- merly of Nicosia and running in a generally Southwesterly direction by the said lot line approximately 100 feet . The Board finds that the unusual shape of the parcel in that the major portion of area was located to the rear constitutes a hardship to the petitioner. Further, the Board finds that due to the non-conforming status of the business use of the property in the past , the parcel is in fact unique to the R-4 zoning district. The Board further finds that the granting of the variance will neither nullify nor substantially derogate from the intent and purpose of the Zoning By Law in that the proposed use in con- sistent with the uses allowed in the R-4 district and, in fact , extinguishes non-conformity within the neighborhood and returns the parcel to its residential status , and , therefore`, does not constitute a detriment to the public good. Sincerely , BOARD OF APPEALS , �Q. 5�,,,�.,►, c Frank Serio , Jr. , Chairman FS/jw ( Plan to follow) ATTEST: A True Copy II Town Clark i I " t .}� . Recgived by Town Clerk : ��►«, Dater -, TOWN OF NORTH ANDOVER, MASSACHUSETTS i + # . C4 �t `�� BOARD OF APPEALS Time : I , ' LUtj, 1- >xr to • Notice : This application must be t r VER Pp typewritten JdWLI9PSt #g2OR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant 144RVK t4) � . Address 1,60 fLEJ�S ;�j 1 . Application is hereby evade BUD, RIO 170 (a) For a variance from the requirements of Section _ Paragraph and Table Z_ of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws , (c) As -a party-aggrieved; for,review of a decision f'�raide by the Building Inspector or other authority. 2. ( a) Premises affected are land and building(s) , numbered `5 0,_S 7 3 EC04)F Street . (b) Premises affected are property with frontage on the North ( ) Soutn ( X) East ( ) West ( ) side of s c0VP Street , and known as No. ,• -c�- z SFCe3.c�' street. (c) Premises affected are in Zoning District IT-- y and the premises affected have an area of 3o?,tso square ee and frontage of 0 square feet . 3. Ownership (a) Name and 'address of owner (if joint ownership, give all names) : ;/ Date of purchase —5/Z01;� `z. Previous. Owner- (b) wner(b) If applicant is not owner , check his interest in the premises Prospective Purchaser kesee Other ,(explain) 4. Size of proposed building: front; feet deep ; Height S tories ; feet, a ) Approximate date of erection4''cIV37rt "T i' V b) Occupancy or use of each; floor •=�iGrTi' o2 F4-1111'z Y (fov5� (c) Type of construction : o c>Z 7 F MIC 6 . Size of existing building: feet front* feet >deep ; Height : ' stories ; � _�feet . (a) Approximate date of erection : (b) Occupancy or use of each floor: �� . .. (c) Type o c0"truc ion: �.. 6. Has there been a previous appeal , under zoning , on these premises ? %ES If so , when? .TW 0s / 9 J eoyL-1j � is ( �Ut'T 1 1--74€' 8 �^€2�ca Ti's c2 F Ce �' i� ,J E oC C E 7.- Description of relie� sought on this petition FC-0tiTR6€ °44,cE 7 Colt�57T4)-57- 8. r U r8. Deed recorded in. the Registry of Deeds in Book Page or Land Court Certificate No. Book Page + T The principal points upon which I base my application are as foliows : (Must be stated in detail ) l I ; I agree to pay for advertisi in newspa er and incidental expenses* ? "- - titioner 's Si nature VY Sec. I APPLICATION FORM 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 lftrm. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every appliication shall be submitted with a lista 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 abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the mos recent applicable tax list, notwithstanding ghat the land of any such ovrner is located in another city or .town , ' th`e Planning board of the city or town, and the Planning Board of :every abutting city or town . Every application shall be submitted with an applicat;i.on 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 .publ "cat ' but are not necessarily limited to these. LIST OF PARTIES IM' INTEREST Name Address I ( Use additional sheets if necessary) MD117h R-ece i red by Town Clerk : �' ..••, ,� Date : - "! `X55 Z TOWN OF NORTH ANDOVER, MASSACHU MMEO . BOARD OF APPEALS VANIEL LONG Time : oTtJN CLERK Notice : This application must beN ypew'riOtvI APPLICATION FOR RELIEF FROM THE REQUIREMENTOTA -OONK"N ORDINANCE Applicant ./�'iw'1£=.y < <' 'r "' X Address j tf Fjsq-ti _ 1 . Application is hereby made Xa) For a variance from the requirements of Section _ Paragraph 1r� . and Table '7 of the Zoning By—Laws . (b ) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are land and buildings ) x numbered Street . (b ) Premises affected are property with frontage on the North ( ) Soutn (X) East ( ) West ( } side of Street , and known as No. S`: . y=- 4 ^C ",r - Street . ( c) Premises affected are in Zoning District ] - � [ and the premises affected have an area of _ s4;sc square feet and frontage of / )E %1*a*e- f e e t 3. Ownership I ( a ) Name and address of owner ( if joint ownership , give all names ) : !z'I Uhf �V . e' `XZ Sl ,C S�i L'T >7 , 't'c�j. ;�f 2 14 Date of purchase EC/;-?a, Previous Owner ( b ) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building . f front , feet deep; l Height : stories ; feet. ( a ) Approximate date of erection : u (b) Occupancy or use of each floor: (c ) Type of construction i 5. Size of existing building : feet front ; feet deep ; Height : stories ; feet. ( a ) Approximate date of erection : ( b ) Occupancy or use of each floor: ; (c) TYPe a construction : , 6. Has there been previous appeal , under `zoning , on these premises? If s o , when? / z_� �' / 4EXi-5T. Ali C c 7`4!�Xz le, ✓3� n'TI`11-? 7-0 7/ - c-- 7. D/escripti/on/ ofrelief sought on7 this petition j7 7 c/(tX-'e- 2' F&E y,,=I, )/./ 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate No. Book Page li l DANIEL LONG O;W,,.���,�. ;�' Any appeal shall be filed TOWN E41: K " s4. '$Sg.lA within (20) days after the TH SNI} VER .9. acii�s.�+ date of filing of this Notice JAN 1s AN '985" TOWN OF NORTH ANDOVER Cl the Office of, the Town MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION Date . . . . 04nu.4ry. .?4.: . 19$5. . . Petition No.. . 4.- '. $5. . . . . . . . . . . . . . Date of Hearing. . . .J.a n u.d ry. .1..4., . 1985 Petition of . . . . ,MAUREEN .J. .O.YCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . 9-5. .M a i n S t r e e t Referring to the above petition for a variation from the requirements of the . Z 9 n i n g. B y. L a w Sectio.n . 7 , Pa r,, .7,.3 . a.nd. Tab.1_e. 2 . a.nd. a . S.pec.i_al. .Pe.rmi.t _ unde.r _ Sect.i.on 9 , Paragraph . 9 . 2 so as to permit . . . . . . . .rel.i.ef. ,fro.m. ,the_ .re.ar, set,bac.k , requ.i.remen,t , a.nd. .the. . . extensAon. ,of. .at_non. .co:nfo.rmi.ng, s.tnu.ctmre. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . G.r a n.t . . . the Y a r i a n.c e. A . S.p e c.i.a.1. .P e r m 1.t . . and hereby authorize the Building Inspector to issue a permit to .const.r.uct. .a. .two—st.ory. .ad.di.t.ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: (see attached) Signed Frank Serio ,, .Jr ._ , . C.hai.rma.n . . . . . . Alfred .E .. .Fri.zell.e,,. . Es,9 ..,, .Vi,ce. Chairman Wi. i l i. am . 0.•. . S.u1. l i.va.n . . . . . . . . . . . . . . . Wa l t.e r. .F . .So u.l e. . . . . . . . . . . . . . . . . . . . l a u r i .c.e . S.. . F.o u l.d S. . . . . . . . . . . . : . . . Board of Appeals . M �� MG Petition JNoCe4- ' 85 ��RH� IIp �R Conditions of Approval: 1 . That the addition be reduced from 23 feet to 20 feet , providing a 15 foot passageway . 2. That the plans be revised to reflect the above revision and sub- mitted to the Board for approval . 3 . That the second floor be used for storage only. 4 . That the roof be a mansard roof and shingled with asbestos shingles . 5 . Any necessary adjustments to the ventilation ducts on Val ' s Restaurant shall be made by the petitioner. y ' p�ECEIVEO t aORTa,� T NfEI LONA OWN ".I LE ��:��`" "Og Any appeal shall be filed NORTH AND014R within (20) days after the , date of filing of this Notice JAN Z9 �� s6 AN '� Acw ; �"�^•''�� in the Office of the Town �sa �s Clerk. TOWN OF NORTH ANDOVER MASSACHUtETTS BOARD OF APPEALS January 24 1985 Mr . Daniel Long , Town Clerk Joyce , Maureen 120 Main Street 95 Main Street North Andover ;Mass . 01845 Petition No . 4- ' 85 Dear Mr . Long : The Board of Appeals held a public) hearing on Monday evening , January 14, 1985 upon the application of Maureen Joyce . The hearing was advertised in the North Andover Citizen on December 279 1984 and January 3, 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-Chair- man ; William J . Sullivan ; and Associate Members Walter F . Soule and Maurice S . Foulds , The petitioner seeks a variance from Section 7 , Paragraph 7 . 3 and Table 2 of the Zoning By Law to permit relief from the rear set - back requirement and a Special Permit under Section 9 , Paragraph 9 . 2 of the Zoning By taw to allow the extension of a legally non- conforming structure , both to allow the addition of a retail store , on premises located on the West side of Main Street known as 95 Main Street . Counsel for the petitioner testified that the proposal represents a request to construct an addition to the existing building , re- sulting in the addition of one retail establishment. The proposed addition will be reduced by three feet and the plan will be revised to reflect this revision . This change is to accommodate the Fire Chief' s request for a fifteen foot passageway to allow access by emergency vehicles . He further testified that the parking requirement may be reduced by 50% , since the parcel is within 350 feet of a municipal parking lot , which is allowed under Section 8 of the Zoning By Law. He added that the existing structure is non-conforming because it does not comply with the setback requirements . The variance is needed from the rear setback requirement and the Special Permit is ' i Maureen JoyceTNAHo �,K 95 Main Street Petition No . 4- ' 85 January 24, 1985 Page 2 needed to extend the use of the non-conforming structure with re- spect to front and side setbacks and lot coverage . The proposed use of the addition is retail with storage on the second floor . No opposition was voiced. The Board took the petition under advisement and rendered a decision at a special meeting held on Tuesday evening , January 22 , 1985 with Members Serio , Frizelle , Sullivan , Soule and Foulds again present and voting . Upon a motion made by Mr. Frizelle and seconded by Mr . Foulds , the Board voted four to one , with Member Sullivan abstaining , to grant the variance and Special Permit subject to the following conditions : 1 . That the addition be reduced from 23 feet to 20 feet , providing a 15 foot passageway . 2 . That the plans be revised to reflect the above revision and sub- mitted to the Board for approval . 3 . That the second floor be used for storage only. 4 . That the roof be a mansard roof and shingled with asbestos shingles . 5 . Any necessary adjustments to the ventilation ducts on Val ' s Rest- aurant shall be made by the petitioner. , In granting the . variance , the Board finds that Section 10 . 4 of the Zoning By Law has been satisfied . Specifically, the Board finds that due to the shape and size of the parcel , the addition cannot be placed elsewhere on the lot , which creates a hardship to the petitioner as required in Section 10. 4 of the Zoning By Law. Further , the Board finds that desirable relief may be granted without creating a detri - ment to the neighborhood or public goad. In granting the Special Permit , the Board finds that Section 10 . 31 of the Zoning By Law has been satisfied. In particular, the Board finds the following : a ) The specific site , being a structure in a General Business (GB ) zoning district located in North Andover ' s downtown area , is an appropriate location for the addition of a retail establishment. b) The use as developed will not adversely affect the neighborhood , since the neighborhood consists of businesses , professional offices , restaurants , municipal buildings , and other uses customarily found in the GB zoning district and in North Andover' s downtown district . 1 A P411 ftelft Maureen Joyce N04r t6 95 Main Street /,, �AMOOvE4 41Se Petition No . 4- 185 January 24 , 1985 IJ �� Page 3 of c) There will be no nuisance or serious hazard to vehicles or pedestrians , since ,the addition of one retail establishment will not add considerably to existing vehicular or pedestrian traffic on Main Street . d) Adequate and appropriate facilities in the form of municipal services as well- as access for emergency vehicles , ample off- street parking in the municipal parking lot located behind the Town Hall , on-street parking on Main or First Streets will be provided. e ) The use , being a retail establishment in North Andover ' s down- town , is in harmony with the general purpose and intent of the town' s Zoning By Law. Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman jw (plan to follow) Peceiv_d .:y Tov4t, ClerK : Dat-r:; .,. fo TOWil OF NORTH VIDOVER, MASSACHU.)ETTS To"CtER ANDBOARD OF APPEALS �;•�:.:;;'::;,' Time : Nd'RfN D R ssuN��•• t�eyr, OL �!j1j t3G o ti ce This application must be typewritten ' OLIC FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Maureen J. Joyce Address 95 Main Street, North Anda;rer, Nb 1 . Application is hereby made (a ) For a variance from the requirements of Section 7 Paragraph 7-3 and Table of the Zoning By-Laws. Rear Setback (b) For a Special Permit under Section 9 Paragraph 9.2 of the Zoning By-Laws . Extension of legally existing non conforining structure in lot coverage, side sets and rear seats ( c) Yrf4Na'e'WhIlart/,wKAYId,t,wo Z. ( a) Premises affected are land x and building( s ) x numbered' 95 Main Street . (b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( x ) side of Main Street Street, and known as No . 95 Main Street. ( c) Premises affected are in Zoning District G.B. and the premises affected have an area of 3593 square feet and frontage of 33 .33 square feet. 3. Ownership (a) Name and address of owner (if joint ownership , give all names ) : Maureen J. Joyce 95 Main Street, North Andover, MA 01845 Date of purchase 12/15/82 Previous Owner L.Y. Realty Trust ( b) Y�f//a'd�X�i/dalr( //i�d/f✓o'1!/6ti�i�'e�/,//dak�ikl/N �//i��fe� //i�rflrtlaf /,(yde�eiif�le'�f. 4. Size of proposed building : 21' front ; 34` feet deep ; Height : 21/2 stories ; 20"feet. ( a ) Approximate date of erection : Spring 1985 b Occupancy or use of each floor : 1st floor retail, second floor storage for retail (c ) Type of construction : wood frame 5 . Size of existing building : 26, feet front ; so, feet deep ; Height : 21/2 stories ; 30' feet. (a ) Approximate date of erection : 1880 (b) Occupancy or use of each floor : retail/office/residential (c) Type of construction : ,...03frame 6 . Has there been a previous appeal , under zoning , on these premises ? If so , when? 1981: re-establish lot lines. Plan no. 8646 7. Description of relief sought on this petition Special Permit on front, sine sets and lot coverage plus variance for rear set to allow the addition of one retail store. 8. Deed recorded in the Registry of Deeds in Book 1628 Page 316 or /U1J11t/114,06MV/ ' The' princi al points upon which Ibase my applicatio n , P P �i134ke, a a P r��il l o w s : (Must be stated in detail ) �1 Establish the street line PVovide additional downtown retail space 3. Block site line to a restaurant service entrance 4, Maintains existing parking facilities I agree to pay for advertising in newspaper and incidental expenses* ,tom- Petitioner 's Signature, Sec. 1 APPLICATION FORM - 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 in- formation called for by the form shall be furnished by the applicant in the manner thereinp rescribed. Every application shall be submitted with a list o± "Parties in Interest" which list shall include the petitioner, ijutters , 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 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 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 1. San Lau Realty ,c/o Messina's Market 109 Main Street, North Andover, MA 01845 2. Atlantic Realty Trust 89 Main Street, North Andover, MA 01845 3. Joseph R. & Theresa Vaillancourt 91 1/2 Main Street, North Andover, MA 01845 4. Paul De Dogloa 15 First Street, North Andover, MA 01845 5. Thomas F. & Patricia A. McCany 17-19 First Street, North Andover, MA 01845 6. Red Squire Realty TYusjj c/.o Walter Green 136 Heath Road, North Andover, MA 01845 7. Mansour & Carmelina S ahean 16 Suttoa Place, North Andover, MA 01845 II (Ure additional sheets if necessary) TELEPHONE 885-4555 <�Ra f#fii c�. q,�ot cc ATTORNEY AT LAW ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 (qty 001,::x June 4, 1984 Board of Appeals FRANK SERIO, JR. , CHAIRMAN 120 Main Street North Andover, MA 01845 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: In order that I may be in strict compliance with your rules and regualtionB requiring a written request for a Motion for Reconsideration received ten days after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter. Ver u our yc RRJ:mjj it TELEPHONE 665.4555 1 Y' ATTORNEY AT LAW ELLIS BUILDING 95 MAIN MAY 24 I $2 PM Tq NORTH ANDOVER. MAT01845 May 23, 1984 Board of Appeals FRANK SERIO, JR. , CHAIRMAN 120 Main Street North Andover, MA 01845 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: Please accept this letter as a request for a Motion for Reconsideration of the action of the board on the above-cited matter in their meeting of May 21, 1984. It is my contention that since the full board was not present and voting that my ability to secure the variance has been significantly prejudiced thereby. Accordingly I request that a special meeting of the board be scheduled with all five members sitting on the application present and available for reconsideration. I thank you in advance for your consideration in this matter. Ve tru yo R l RRJ:mjj E o:•� mAw fiw" shall be filed kP isss , within (20) days after the, gs`SgCHUgF' 0& @f filing of this Notice; ` �� • • "• jfi the Office of. the TwM 37 N OF NORTH ANDOVER (� MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . i`14Y. .3 . . . . . . . Petition NO.. . . 2.1-,'.84. . . . . . . . . . . Date of Hearing. ?�Pri1. .9 ,. .198.4 cont. to May 21, 1984 Petition of . . . . . .RALPH ,AND. MAUREEN .JOYCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . 2.oning. By. Law Rection .7.,. .Paragraph. 7...?. .and .Takyle. .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .re-lief from .the , fxon.tage. requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . D.FNX. . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . Signed Fr.azik. Sexio., .J-r. ,. .Chairman. . . . . . . . Ri.chaxd. J. . Trepanier.,. .Es.q..,. .Clerk Augus.tine .W... .Nickerson. . . . . . . . . Wa.lter. .F... . Soule, . Associate. Member Board of Appeals Any appeal shall be filed within (20) days after the date of filing of this Notice JUN •`�, -- in the Office of the Town 37 I?� ;'' KU Cleric. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 30, 1984 Mr. Daniel Long, Town Clerk Ralph R. Joyce Town Office Building South side of Rea St. 120 Main Street known as Lot #35 North Andover, Mass. Petition No. .21- ' 84 Dear Mr. Long: The Board of Appeals held a public hearing Monday evening, April 9, 1984 upon the application of Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle Tribune on March 23 and 30, 1984 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; Augustine W. Nickerson; and Associate Member Walter F. Soule . The petitioner seeks a variance from the provisions of Section 7 , . Paragraph 7. 2 and Table 2 of the Zoning By Law so as to permit relief from the minimum frontage requirement on a lot of land located in the Residential-2 (R-2) zoning district located on the South side of Rea Street and known as Lot #35, Rea Street. The petitioner testified that he is the prospective purchaser of land consisting of eight (8) acres and that he is proposing to construct a single family dwelling on the lot. The lot contains twenty-one (21) feet of frontage on Rea Street where the Zoning By Law requires one hundred and fifty (150 feet . He further testified that he would be agreeable to a ondition that states that as long as the lot lines and the con iguration stays as is , only a single family dwelling may be con tructed on the lot. M Ralph R. Joyce South side of Rea Street known as Lot #35 ', c� Petition No. 21- 184 May 30, 1984 t 37 184 Page 2 JUN Several neighbors spoke in opposition to the petition. One abutter requested that the public hearing be continued to give him an opportunity to have his land surveyed and verify the lot lines as shown on the plan submitted by the petitioner . The objections raised by the abutters concerned a well located near the property in question, erosion problems, and the fact that granting this variance could result in the future devel- opment of the parcel into additional lots. The public hearing was continued until Monday evening, May 21 , 1984 with the following members present and voting: Frank Serio, Jr . , Chairman; Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Associate Member Walter F. Soule. At this hearing, evidence was presented stating that the lot lines as shown on the plan are correct . A motion was made by Mr. Trepanier and seconded by Mr. Nickerson to grant the variance subject to the conditions that only a single family dwelling may be built as long as the property lines remain the same as shown on the plan of land entitled "A Composite Plan of Land in North Andover , Mass, dated April 6, 1984, prepared for Helen A. Kororkys, Owner, by John C. Callahan Associates" unless additional land with adequate frontage is obtained according to the existing Zoning By Law in effect at the time the additional land and frontage is obtained. In addition, the variance is subject to the condition that the driveway leading to the property be gravel according to standard construction procedures. The motion failed to carry, with Members Trepanier, Nickerson, and Soule voting in favor and Member Serio voting in opposition. Therefore , pursuant to M.G.L. , Chapter 40-A and the North Andover Zoning By Law, Section 10, Paragraph 10.4 (2) , the petition is denied. Sincerely, BOARD OF APPEALS i Frank Serio, Jr. , Chairman jw tl �m *40 AA48ALM tok A40- Nb �' • 4 A-/V, Gz- A •tom, �T s.�. MA" OP LoAJUD a.tio.�ro� -or'•�n-� IA�A A AAJC> Or- V6 ,'' ,� 1� M ,.•fir-�' • j Oversized Maps on file with the Town