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HomeMy WebLinkAboutPITOCCHELLI, DEBORAH DAvzs.MAum & D'A.aasnNE ONE 806TON KA41E BOSTON.MASSADWSL"TS 02109 18171 367-2500 JULMN J.D'AOCGMNE ROBERT J.GALWN TOL9GOMR MA71 sea-"= G MICHAEL MALM RICHARD A XYLEM,JR. HAROLD R.OAYNL P.C. CAROL R.COHEN CMK AIIDREtt.'DAMNdw ERUCE G.DANIELS HOWARD P.SPEICHER FRANK P.CONRAO CLAUDM&MCKSLWAY WILLIAM F.GRIFFIN.JR. PAUL L PKLOMAN CN.VW M DDWIHR PAUL E.LEVENEON CMIALa G.RNWCOUN'r ELLIOTT J.MAHLER DEGM[A HEWEW OF COUPO L ROBERT C.GERRARD CHARIii G.YULE JOHN R.MERMAN a C.RRi'RON MONEY J.WARTEL UMM L WA WRY 5 MAT KO MATTmmu WATIWV JUORH"HTON ROR®R J.OIETTRICN JOHN T.LYNCH MA�LTR A CAAIFAGNA GROVER S.PARNELL.JR. J.IN"COCNOWLO menn ' October 25, 1990 cP-'rrr"� HAND DELIVERED Daniel Long, Town clerk ms Town Offices North Andover, MA 01845 Re: Deborah C. Pitocchelli v. George Perna. Jr. , et al. Land Court No. 152559 Dear Mr. Long: You are hereby notified pursuant to G.L.c. 40A, §17 that the plaintiff in the above-referenced matter on this day filed an action in the Land Court appealing the decision of the Town of North Andover Planning Board, which was filed with the Town Clerk on October 5, 1990, denying a request for the granting of a permit for congregate housing for elders at 138 High Street. A copy of the complaint is attached hereto. Please acknowledge the date of the receipt of this letter on the copy provided as well as on the original and give the copy to the person delivering this letter. Very truly ours Howard P. peicher HPS/mtd Enclosures Received: By: I 1 t Davis.MAim &D'AGosTngE ONE BOSTON PLACE - BOSTON. MASSACHUSETTS 02108 (617) 367-2500 JULIAN J.D'AGOSTINE ROBERT J.GALWN TELECOPIER RST 533-8215 C.MICHAEL MALM MCHMO A NYLEN.JR. HAROLD R.OAVGL P.C. CANOL R.COVEN CABLE AOOREBB-OAMADA" BRUCE G.DANIELS HOWARD P.SPEICHER FRANK P.CONRAD CLAUDIA IS MCKELWAY WK m P.GRIFFIN.JR, PAUL L FELDMAI CALVIN H.BOWKER PAUL E.LEVENSON CHARLES G.RANCOUR' ELLIOTT A MAHLER GEORGE A HEWETT OF COUNSEL ROBERT C.GERRARD CHARLES G.AGULE JOHN R.GERMAN SRWN C.BRYSON SIDNEY J.WATEL MAID(L WALSH GARY S.MATSKO NWTrHEW WATSKY - JUD"ASHTON ROBERT J.OIERIMCH JOHN T.LYNCH MADKLVN J.CARFAGNA GROVER S.PARNELL.JR. J.GAVIN COCKPIELD October 25, 1990 ,40 HAND DELIVERED N Q �yeen Daniel Long, Town Clerk as Town Offices North Andover, MA 01845 - _ Re: Deborah C Pitocchelli v George Perna jr, . et al Land Court No. 152559 Dear Mr. Long: You are hereby notified pursuant to G.L.C. 40A, S17 that the plaintiff in the above-referenced matter on this day filed an action in the Land Court appealing the decision of the Town of North Andover Planning Board, which was filed with the Town Clerk on October 5, 1990, denying a request for the granting of a permit for congregate housing for elders at 138 High Street. A copy of the complaint is attached hereto. Please acknowledge the date of the receipt of this letter on the copy provided as well as on the original and give the copy to the person delivering this letter. Very truly ours Howard P. peicher HPS/mtd Enclosures Received: 0�11 75F By: 1 r COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. LAND COURT MISC. NO. DEBORAH C. PITOCCHELLI, Plaintiff V. GEORGE PERNA, JR. , JOHNCOKPLA_ , SIMONS, JOSEPH MAHONEY, ROBERT ERCOLINI and JOHN DRAPER, AS THEY ARE THE MEMBERS OF THE TOWN OF NORTH ANDOVER PLANNING BOARD, Defendants �. Z r"Ir INTRODUCTION # a 1. This is an action pursuant to M.G.L. C. 40A, 1 appealing a decision of the Town of North Andover Planning Board (the "Board") denying an application for a special permit for "congregate housing for elders" pursuant to Section 4. 122 (21) of the Town of North Andover Zoning By-law (the "By-law") . PARTIES 2. The plaintiff, Deborah C. Pitocchelli, is the owner of a parcel of land with improvements known as and located at 138 High Street, North Andover, Massachusetts (the "Property") , and was the applicant before the Board. i 3 . The defendants are, respectively, the chairman and members of the Board. Their names and addresses are as follows: George Perna, Jr. 280 Farnum Street North Andover, MA 01845 John Simons 25 Ironwood Road North Andover, MA 01845 Joseph Mahoney 24 Mill Pond North Andover, MA 01845 Robert Ercolini 195 Bridle Path North Andover, MA 01845 John Draper 230 Johnson Street North Andover, MA 01845 FACTS 4. The Property is a parcel of land with an area of 32,387 square feet and frontage of 148.22 feet on High Street in North Andover. 5. The Property is located in a zoning district designated "Residence 4" ("R411) under the By-law, and in which "congregate housing for elders" is permitted by special permit issued by the Planning Board pursuant to Sections 4 . 122(21) and 10.3 of the By-law. 6. The By-law permits such congregate housing to contain up to 14 dwelling units, in a structure -2- with a maximum floor area ratio of 0.30 and on a I lot with a minimum area of 12, 500 square feet. 7. On April 25, 1990, the plaintiff applied to the Board for a special permit to construct a facility for congregate housing for persons age 55 or older. As originally proposed the facility was to contain 14 dwelling units in a building with gross floor area of approximately 9,600 square feet, with a floor area ratio of 0.29. 8. The Board opened a public hearing relative to the plaintiff's application in July, 1990 and continued the hearing on several occasions on its own motion. The Board requested of the applicant, and was granted an extension to permit the Board to render its decision after the period otherwise permitted by law. 9. At the several continuations of the public hearing the Board requested certain information of the applicant and also requested that certain changes be made to the proposed structure. The requested changes included making the proposed structure smaller, setting it back further from the street, j providing an additional driveway for 360-degree fire department access, and provision of a greater number of off-street parking spaces than are otherwise required under the By-law. The Board -3- : also requested that the applicant agree to a condition limiting the number of residents who would be allowed to have automobiles. 10. The applicant complied with all of the Board's requests noted above. The building was downsized from 9,600 square feet to 7,200 square feet, with a i resulting floor area ratio of 0.22; the front yard setback was increased from 70 feet to 87 feet in a district calling for only a 30-foot setback; the side yard setbacks were increased; a fire lane was provided in addition to the driveway; and 14 off- street parking spaces, with expansion area for 4 additional spaces were provided at the Board's request although the By-law only requires 11 off- street parking spaces. Additionally, the applicant agreed, at the Board's request, to limit the number of residents who could have automobiles. 11. At the close of the continued public hearing on October 4, 1990, and by a written decision filed with the Town Clerk on October 5, 1990, a certified copy of which is attached hereto, the Board denied i the plaintiff's application for a special permit. I APPM PURSUANT TO M.G.L. a 40A. 917 12. The Board's decision exceeded its authority, was arbitrary and capricious and was based on legally -4- ` untenable grounds for the following reasons among others: a. The plaintiff complied with all of the requests made by the Board concerning the dimensions, bulk and appurtenant facilities of the proposed congregate housing and the modified proposed structure underutilizes the dimensions allowed by the By-law; b. There are no facts to support the Board's assertion in its decision that the applicant has "made no effort to provide" information requested by the Board. In fact, the applicant provided the Board with all requested information. C. There are no facts to support the Board's assertion in its decision that the proposed facility presents "concerns" of overcrowding i and safety to vehicles and pedestrians. i d. There are no facts to support the Board's i! assertion in its decision that the site is not iiappropriate for the proposed facility. N Further, the Board ' s "aesthetic" t j considerations are without merit and are I. I� legally untenable. li -5- e. The Board's expressed concerns relative to on- street parking are without factual support and are legally untenable. f. The applicant provided all requested information concerning landscaping plans to the Board and the Board's assertions to the contrary are without factual support. i g. There is no factual support for the Board's assertion in its decision that the 15-foot fire lane, which was requested by the Board, would result in inadequate screening for abutters. In, fact, the fire lane would not require branches on evergreen trees to be removed, as asserted by the Board, and an existing stockade fence screens that side of the Property. h. There is no factual support for the Board's assertion in its decision that the applicant failed to provide sufficient information concerning the proper operation of the use, and it was legally untenable for the Board to rely on its conclusion that the applicant has no prior experience operating congregate housing. 13. The plaintiff is aggrieved by the Board's decision. -6- WHEREFORE, the plaintiff requests that this Court grant the following relief: 1. Annul the Board's decision and order the issuance of a special permit; and 2. Such other relief as the Court deems just and proper. DEBORKH PITOCCRELLI, By her attorneys, Julian J6AWsf11ne/DBO ' 12025 Howard P. Speicher/BB0#474380 DAVIS, MALM & D'AGOSTINE One Boston Place Boston, MA 02108 (617) 367-2500 Dated: October 25, 1990 -7- - uUAnnin � � � At� � TOWN OF NORTII ANDOVER REQ` "/L,i MASSAC1iUSETT $ NORTH WVER • NpHip Any appeal shall be filed o� OCT 5 12 Ko within (20) days after the date of filing of this Notice �ss�cHus°` In the Office of the porn Clerk. NOTICE OF DECISION Date. . . . . ... . . . . . . . . .. . . . . . Date of Hearing . . . .1.0./4/94. . . . . . . Petition of . . . Deborah C. Pitochelli . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . Premises affected . . . 38 High Street, North Andover MA . , . .1. . . . . . ° . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . . . VP140.A44mr .76oning. JWL , .Sectiga4 A.),2.2. ansa. 10.3. . . . . . . . . . . . . . . . . so as to permit structure, q,.}c�gomoda`te Cppgrgget4;.1jq s#jq .for Elders . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Deny Special Permit for Congrgate Housing for Elders to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector based upon the following conditions: Board of Health Assessors Conservation Commission See Attached. Police Chief � �Q Fire Chief Signed Applicant (/ George Perna Jr. , Chairman Engineer . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . File John Simons ATTEST: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Ting C*DY Joseph Mahoney RobertErcolini • 110 �� 9 . . . . . . . . . . . .. . . Town Clak John Draper laiiiiing ° Hoard. . MS. DEBORAH PITOCHELLI 138 HIGH STREET NORTH ANDOVER, MA. 01845 SPECIAL PERMIT APPLICATION CONGREGATE ELDERLY HOUSING RESIDENTIAL 4 ZONING DISTRICT FINDINGS: The Planning Board finds under Sections 4. 122 and 10. 3 of the Zoning Bylaw that the proposed application does not meet the requirements necessary for the granting of a Special Permit for construction of Congregate Housing for Elders. Further, the Planning Board makes the following findings regarding this Special Permit as required by Section 10.3 of the Zoning Bylaws: 1. The proposed use and site design are not appropriate for this lot, due to it' s location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has not been provided. 3 . The applicant has not met the requirements of the Town for a Special Permit as stated in Section 10.3 of the Zoning Bylaw. 4. Adequate and appropriate facilities have not been provided for the proper operation of the proposed use. 5 . The Planning Board, acting as the appropriate Special Permit Granting Authority, has made specific finding that this use is not in harmony with the general purpose and intent of the Zoning Bylaw. REASONS FOR FINDINGS: 1. The Planning Board has requested information throughout the Public Hearing process which to this date the applicant has made no effort to provide. This information would address the question of whether the construction of a multi-unit structure would fit the character of the existing residential neighborhood in both architectural style and size. The proposed development of this site also presents concerns of overcrowding and safety to both vehicles and pedestrians. 2 . The board canna find that this site is an appropriate t f location for the proposed structure and required facilities. The size of the proposed structure does not fit into the surrounding residential neighborhood. Specifically the ' proposed structure contains a total of 7200 square feet, while the average structure on this street contains approximately 4, 051 square feet. The board is concerned with the potential impact that a structure of this size and proposed, density (14 Units) will have on the character, aesthetic quality and safety of this well established neighborhood. 3 . The board cannot find that the proposed use will not adversely affect the neighborhood. The applicant can provide no security that parking for this site will not overflow onto High Street. If this overflow were to occur, as the Planning Board feels it would, the burden would be placed on the Town as a policing problem and on the residents of High Street as a congestion and safety hazard. 4. The Board has requested detailed landscape plans showing size, quantity and type of all material to be used on site. Further, this plan should be both signed and stamped by a Registered Landscape Architect. To this date the applicant has failed to present this information to the board as required in Section 10.31, Paragraph 2 (b) of the North Andover Zoning Bylaw. Specifically, the applicant has provided inadequate information with regard to size, type and quantity of landscape material to be used. 5. The applicant has been asked to incorporate a fifteen (15) foot emergency access lane for the fire dept. and retain the existing evergreen buffer on the south side of the property. The plans presently before the board would require most of the branches on the evergreen screen to be removed in order to provide the emergency access, which would in essence negate the privacy which the trees presently provide. The Planning Board does not feel that this would appropriately screen the site from abutters. The Planning Board has asked that these dimensions be adhered to in the interest of public safety and maintaining the character of the existing neighborhood. (Section 10.31, Paragraph 2 (e) of the North Andover Zoning Bylaw. ) 6. The applicant has no prior experience or dealings with Congregate Housing for Elders. Throughout the Public Hearing process the applicant has not provided the board adequate or substantial documentation or professional support from the Congregate Housing Industry to insure that this project will be maintained in an appropriate and professional manner. The Planning Board has, therefore, been unable to find that the applicant can guaranty the proper operation of the proposed use and the failure thereof would seriously degradate the neighborhood. cc: Director of Public Works Board of Public works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission PoliceC hief Fire Chief Applicant Engineer File 'ee y Towln Clerk : y, FOR14 A ME�NO Frfilli ANDQ APPLICATION FOR EtlUORSEMENT OF PLAN " BELIEVED NOT TO REQUIRE APPROVAL go zS 2 191O To , the PIanninq Board of the Town of North Andover : The undersigned wishes to record the accompanyinq 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 ydover Toning By Law and is on a public way , namely , Lct(Cn& C, - S-4-• or a priv to way , namely , 1'2A R �1I X401 being land bounded as follows : 2 . The division of land shown on the accompanying plan is not a sub division ' for the following reasons : , zL1� 3 . Title reference North Essex Deedss , Book Page or . Certificate of Title No . , Registration Book Page A is n ' gnature : Owner ' s signature and address if not the applicant : in amec ' s A ress : 1Tt Lacw.L4 CwrSlp N A-h�cx�� Z71 for �o %i' -19/a Tel. No. -hQ— W(od (o 'Recei ved 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 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 : Bl -L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By t Date : MUM flM TOWN OF NORTH ANDOVER RECr!VEr) MASSACHUSETTS TOWt4 ? #.JN°� iy�� +,'t. K NORTH A460VER NORTH of •A OCT 5 12 so PY Any appeal shall be filed �? � n within(20)days after the ' r o • , , date of filing of this Notice y''s,CNUS£ In the Office of the Town Clerk. NOTICE OF DECISION Date. . . 10/5/90. . . . . . . . . . . . . . . . . . .. . . . . . . . . . Date of Hearing . . . a:oJ4/9p.: . Petitionof ,Deborah.0 C. Pitochelli. . . . , , . . , . . . . . , , . Premises affected 13T.High Street,. North Andover MA . }� , , , . . . . . . . . . . . . . .. . .. . . . Referring to the above petition for a special permit from the requirements of the . . . . NPFtk�.�l�7gy�x .�oA9. �Y]ars, .Segt:Dns .$•. . aas . 7 0.3. . . . . . . . . . . . . . . . . so as to permit , Construct ion of a, structure,t�o,acc�omodate, Copgg�g� g,F�q�} i,ng , or Elders . . . . . ... . . . . . . . . . . . . .. . . . . . . .... . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Deny Special Permit for Congrgate Housing for Elders to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector based upon the following conditions: Board of Health Assessors Conservation Commission See Attached. Police Chief n " Fire Chief Signed Applicant Engineer George Perna Jr. , Chairman . . . . . . . . . . . . . . . . . . . . , File John Simons , .. . . . . . Josaph Mahoney Robert Ercolini . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Draper , '"1'laniiing . Board' . . 'l . aa y&ice : E) G >w P. !! OmbO@t! e! �lera MS. DEBORAH PITOCHELLI 138 HIGH STREET NORTH ANDOVER, MA. 01845 SPECIAL PERMIT APPLICATION CONGREGATE ELDERLY HOUSING RESIDENTIAL 4 ZONING DISTRICT FINDINGS: The Planning Board finds under Sections 4.122 and 10.3 of the Zoning Bylaw that the proposed application does not meet the requirements necessary for the granting of a Special Permit for construction of Congregate Housing for Elders. Further, the Planning Board makes the following findings regarding this Special Permit as required by Section 10.3 of the Zoning Bylaws: 1. The proposed use and site design are not appropriate for this lot, due to it's location in Town. 2. ' Adequate vehicular and pedestrian access into the surrounding site has not been provided. 3. The applicant has not met the requirements of the Town for a Special Permit as stated in Section 10.3 of the Zoning Bylaw. 4. Adequate and appropriate facilities have not been provided for the proper operation of the proposed use. 5. The Planning Board, acting as the appropriate Special Permit Granting Authority, has made specific finding that this use is not in harmony with the general purpose and intent of the Zoning Bylaw. REASONS FOR FINDINGS: 1. The Planning Board has requested information throughout the Public Hearing process which to this date the applicant has made no effort to provide. This information would address the question of whether the construction of a multi-unit structure would fit the character of the existing residential neighborhood in both architectural style and g Y size. The proposed development of this site also presents concerns of overcrowding and safety to both vehicles and pedestrians. 2 . The board cannot find that this site is an appropriate location for the proposed structure and required facilities. The size of the proposed structure does not fit into the surrounding residential neighborhood. Specifically the proposed structure contains a total of 7200 square feet, while the average structure on this street contains approximately 4, 051 square feet. The board is concerned with the potential impact that a structure of this size and proposed density (14 Units) will have on the character, aesthetic quality and safety of this well established neighborhood. 3 . The board cannot find that the proposed use will not adversely affect the neighborhood. The applicant can provide no security that parking for this site will not overflow onto High Street. If this overflow were to occur, as the Planning Board feels it would, the burden would be placed on the Town as a policing problem and on the residents of High Street as a congestion and safety hazard. 4. The Board has requested detailed landscape plans showing size, quantity and type of all material to be used on site. Further, this plan should be both signed and stamped by a Registered Landscape Architect. To this date the applicant has failed to present this information to the board as required in Section 10.31, Paragraph 2 (b) of the North Andover Zoning Bylaw. Specifically, the applicant has provided inadequate information with regard to size, type and quantity of landscape material to be used. 5. The applicant has been asked to incorporate a fifteen (15) foot emergency access lane for the fire dept. and retain the existing evergreen buffer on the south side of the property. The plans presently before the board would require most of the branches on the evergreen screen to be removed in order to provide the emergency access, which would in essence negate the privacy which the trees presently provide. The Planning Board does not feel that this would appropriately screen the site from abutters. The Planning Board has asked that these dimensions be adhered to in the interest of public safety and maintaining the character of the existing neighborhood. (Section 10.31, Paragraph 2 (e) of the North Andover Zoning Bylaw. ) 6. The applicant has no prior experience or dealings with congregate Housing for Elders. Throughout the Public Hearing process the applicant has not provided the board adequate or substantial documentation or professional support from the Congregate Housing Industry to insure that this project will be maintained in an appropriate and professional manner. The Planning Board has, therefore, been unable to find that the applicant can guaranty the proper operation of the proposed use and the failure thereof would seriously degradate the neighborhood. , s` cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File I - April, 24, 1990 RECEIVED DAMEL LUNG TOIrN OF N[AIT11 ANDOVER TOWN CLERK 1tASSAC1iUSETTS NORTH ANOOVER PLAN11111C BC11J1D Y � B' APPLICATICH TCR BPECIAL 11MMlT . 110T10E1 This application must be typewritten Applicant Deborah C. Pitocchelli Address 138 High St. No. Andover, MA U Application is hereby suds (a) For a Special Permit under Section 4.12221 ansa S`c�iov X0,3 �� Paragraph of the Zoning By-Law. Ze (a) Premise■ affected are land x and buildings x numbered 138 High Street. (b) Premises affected are property with frontage on the North South East_ Westside of -_- High Street, and known as No, las Huh qt. Street. (e) Premises affected are is Zoning District R"4 , and the premises affected have an area of a2_1s7 so F _and frontage of 148'22^ feet. ]. Ownership: (a) Name and address of owner (if point ownership, give all names): Deborah C. Pitocchelli Date of purchase 11-6-86 previous Owner Myron Eastwood (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) 4. Size slf proposed building: an front; An feet deep Height:_ - 2 stories; — in feet. (a) Approximate date or erection Faii lAso (b) Occupancy or use (of each floor) Congregate Elderly Housing (c) Type of construction wood Frame 5. Size of Existing Buildings 22' feet frontl 36' feet deep Height: 2 stories ..3o fest. (a) Approximate date of erection lugn (h„ilAinc; ,,� xaza3, (b) Occupancy or use (of each floor) RARidpn}ial rnnyrega;*A gldorly Mousimy (c) Type of construction Wood Frame 6e Has there been a previous application for a Special, Permit from the Planning Board on these premises? _ no If so, when 7e Description of purpois for which Special Permit is sought on this petition: To allow congregate elderly housing in an R-4 District This will be nnmmnni}v, i-,ma 1 ', I.ng f r man and Wnm n 55 yPara, Qf Mme+ AnA lA,yr --- e They will or 'na i -he ambulatory and would not reguire medical attention or-supervision, sLD (over) 8. Deed recorded in the Registry of Deeds in Book Zj48 Page 18i or 'Land Court Certificate No.Book.Page,�l, g. She principal points upon which I base 4 application are as follows: (must be stated in detail) Irb—A is a vital "need dnecessity- fore type housing for the Old'a-rly. Currently, there is a shortage of units in North Andover to accommdate the citizens in this age bracket who no longer can afford to maintain their own homes. Federal and state funding sources for future elderly type housing units are not forthcoming. The locus in question is an ideal site for the proposed use. There is access to town services, shopping, and is on a bus route. The elderly citizens should be able to stay and live in areas they are familiar and comfortable with. .T agree to par for advartising in newspaper and postage tee for stalling legal notices to "Parties in intern " } � (Petitioner's eirnature) 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 ncrporting to be an application shall be treated an Pere notice of intention to seek relief until such time as it is made on the official application form. All information :alled for by the form shall ba furnished by the applicant in the manner therein )reacribed. Every application shall be sutmitted with a list of "Parties in Interest" which s4a11 include the petitioner, abutters, owners of land directly opposite on any public M. private street or way and abutters to the abutters within three hundred O00) feet it the property line all sa .they appear on the dost recent applicable ta_z list, notwith- itanding that the land of any such owner is located in another city or town, the Plan ting Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST IA]iE ADDRESS Ralph Barnes Mercedes Feliciano 137 High St. John m. Kaleigh Young J. Lee 168-166 High St. Ann Apkarian 154B High St. Gayle Sweester 154A High St. Mary DiZazzo Dorothy Barker 146-146 High St. Albert J. Spirdione 126 High St. Leonard & Mary Windle 118-116 High St. Jay & Judith Farrow 110 High St. Kevin & Jill Smith 108 High,9t. Andover Mill Realty Niuna-North Andover Inc. 433 N. Camden Dr. Suite 90 Beverly Hill, Ca Harriet McQuestin 104 High St. s� X ADD ADDITIML S1iEL'iS, IF N=ESSARI.