HomeMy WebLinkAboutPOLLONE, RONALD l S
(T(3PLAINTIFF'S ATTORNEY: Pharr Cinch, 7Tr�z .4.4aitm lur.drrd• —TORT— MOTOR VEHICIA:TORT —
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Board Of Appeals, Town of North Andover, et
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SUMMONS
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8 To the above named Defendant: Board of Appeals, Et al
v You are hereby summoned and required to serve upon .R KeY...A.....Bc1.)!r.&Y .........
55 Main Street North Andover,
plaintiffs attorney, whose address is ............ :.. ...........a. .... . ......... an answer to the
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3 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu-
8 a sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de-
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=a a mantled in the complaint. You are also required to file your nnswer to the complaint in the office of the Clerk
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of this court at .....§d1 m..5v.PgdQ...CL either before service upon plaintiff's attorney or within a reasonable
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,ay Unless otherwise provided by Rule I3( } Your answer must state as a coantcrelaim any claim which you
may have against the plaintiff which arises out of the transaction or occurrejuxs that is #Its: subject matter of the
y 3 plaintiff's claim or you will thereafter be barred from making such claim in any other action.
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n ROBERT L STEADMAI(
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Ca S WITNESS,T ' ., Esquire,at Salem,alem.the
day of in the year of our I ord one thousand t
d A TRUE COPY ATTEST nine hundred and eighty-
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NOTES:
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. when more than one defendant is involved,the names of all defendants should appear in the caption.If a separate summons is used for each
defendant,each should he addressed to the particular defendant.
Office i30
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on ..........................................._.............................. 198 , I served a copy of
the within summons, together with a copy of the complaint in this action, upon the within-named defendant,
in the following manner (See Mass. R. Civ. P. 4 (d) (1-5):
..,... ._...............................__...._......... _...._...... .: ......_...............................................................................................
Dated: , 198
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
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COMMONWEALTH OF MASSACHUSETTS
ESSEX. SS. SUPERIOR COURT
C.A. NO.
RONALD F. POLLONE, )
Plaintiff )
)
VS. ) COMPLAINT
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BOARD OF APPEALS, )
TOWN OF NORTH ANDOVER, )
MASSACHUSETTS, FRANCIS }
SERIO, JR. , ALFRED )
FRIZELLE, WILLIAM )
SULLIVAN, LOUIS RISSIN, )
WALTER SOULE, AUGUSTINE }
NICKERSON, AND ANNA }
O'CONNOR. )
Defendants )
PARTIES
1 . The Plaintiff, Ronald F. Pollone, is a natural
person, residing at 187 Main Street, North Andover,
Massachusetts.
2. The Defendant, Board of Appeals, Town of North
Andover, Massachusetts, (hereinafter the "Board .of
Appeals") is a' body politic having a principal place of
business at 120 Main Street, North Andover,
Massachusetts.
3. The Defendant, Francis Serio, Jr. , a natural person,
is Chairman and a duly appointed member of the North
Andover Board of Appeals and resides at 250 Hillside
Road, North Andover, Massachusetts.
4. The Defendant, Alfred E. Frizelle, a natural person,
is a duly appointed member of the North Andover Board of
Appeals and resides at 131 Appleton Street, North Andover,
Massachusetts,
5. The Defendant, William Sullivan, a natural person,
is a duly appointed member of the North Andover Board
of Appeals and resides at 405 Salem Street, North
Andover, Massachusetts.
6. The Defendant, Louis Rissin, a natural person, is a
duly appointed member of the North Andover Board of
Appeals and resides at
North Andover, Massachusetts.
7. The Defendant, Walter Soule, a natural person, is a
duly appointed member of the North Andover Board of
Appeals and resides at 70 Raleigh Tavern Lane, North
Andover, Massachusetts.
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8. The Defendant, Augustine Nickerson, a natural
person, is a duly appointed member of the North Andover
Board of Appeals and resides at 100 Moody Street, North
Andover, Massachusetts.
9. The Defendant, Anna O'Connor, a natural person, is' a
duly appointed member of the North Andover Board of
Appeals and resides at 88 Martin Avenue, North Andover,
Massachusetts.
COUNT ONE
10. Plaintiff realleges and incorporates herein the
allegations made in Paragraphs 1 through 9 of this
Complaint, as though fully said forth here.
11 . On or about May 23, 1988 the Plaintiff submitted to
the North Andover Board of Appeals, a request for a Special
Permit under Section 4.122 ( 14 ) of the Zoning By-laws, and
a request for a Variance from the requirements of Section
12 , table 2 so as to permit the right to convert any
existing dwelling to accommodate not more than five ( 5)
family units on the premises located at 185-187 Main
Street, North Andover, Massachusetts 01845.
12. On June 14, 1988 a hearing was held by. the Board of
Appeals on Plaintiff' s request for a Variance and Special
Permit. Several of Plaintiff's abutters were in attendance
at said hearing and spoke in favor of Plaintiff' s request
for Variance and• Special Permit. Only one ( 1 ) abutter
appeared to speak in opposition to Plaintiff'srequest for
Variance and Special Permit.
13 . After Plaintiff had presented his plans, his argument,
letters in support from abutters and letters in support
from the North Andover Fire Department, Building Inspector
and Town Planner, with minor modifications, (See Attached
Exhibits) the Board heard those in opposition to
plaintiff' s application. The opposition to Plaintiff ' s
Complaint was completely based on an interpretation of
Section 4.122 ( 14) (a) ,
14. Afer hearing all arguments at said public hearing the
Board of Appeals took the matter under advisement, in order
to confer with Town Counsel and the Town Planner with
respect to the amendment of Section 4.122 (14 ) (a) .
15. In May 1987 the town meeting, the Town of North
Andover' s legislative body, approved a change of Section
4. 122 ( 14) to the Zoning By-Law, which change was
recommended to the Town Meeting by the Town Planner and the
Planning Board.
16. The law prior to May 1987 read as follows "No major
exterior structual changes shall be made." This paragraph
was altered to read "no major exterior structual changes
shall be made which alter the character of the existing
neighborhood. " It is this change, that the Plaintift
contends allows him to convert his two (2) family dwelling
to a five (5) family dwelling, and it is an interpretation
of this change that the Zoning Board of Appeals was seeking
from the Town Planner. '
17. The Plaintiff alleges that the character of Mr.
Pollone ' s neighborhood would not be adversely affected or
in any way changed by allowing plaintiff to convert his two -
( 2 ) family home to a five (5) family dwelling. Plaintiff' s
abutters are: to the right of Mr. Pollone' s property the
Archdiocese of Boston, which maintains an office and three
( 3 ) apartments and a school directly abutting the rear of
Mr. Pollone's property, across the street from Mr.
Pollone' s property there is a church and another school
owned by the Archdiocese of Boston, on the left side of Mr.
Pollone' s property is a four ( 4) family structure and a
condominium building comprising of twenty (20) units of
condominiums. As one proceeds further down the street, the
neighborhood becomes a commercial one, with a beauty
parlor, banks, insurance and real estate offices, and other
retail establishments.
17. Mr. Pollone's lot has 19,041 square feet. His lot is
of sufficient size to accommodate a five ( 5) unit building,
two (2) parking spaces per unit as required by the North
Andover Zoning By-Law, and a new driveway. Mr. Pollone' s
lot is larger than the lot of land on which a condominium
complex of twenty (20) units presently exists in that
particular neighborhood.
18. A few days prior to the August 9, 1988 Board of
Appeals public hearing, the Plaintiff enquired of the
secretary of the North Andover Board of Appeals, whether
she had been asked by members of the Zoning Board of
Appeals to send a letter to the Town Planner and/or the
Planning Board soliciting an opinion as to the
interpretation of the Zoning By-Law change of Section 4.122
( 14 ) (a) . The Plaintiff alleges that the said secretary's
answer was in the negative.
19. At the evening of the said public hearing, the
Plaintiff enquired of the Town Planner whether he had
rendered an opinion as to the interpretation, of Section
4.122 ( 14) (a) to any member or members to the North Andover
Zoning Board of Appeals. The Plaintiff alleges that the
Town Planner' s answer was in the negative.
20. On August 9, 1988 the Board of Appeals held a public
hearingfor the purpose of rendering its decision
with
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respect to Plaintiff's application for Special Permit and
Variance. At said hearing no input and/or materials from
Town Counsel or the Town Planner or any other member of
the Community Development Department were available.
21 . Plaintiff alleges that the North Andover Zoning Board
of Appeals did not confer with the Planning Board, the Town
Planner and/or Town Counsel with respect to the
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interpretation of Section 4.122 ( 14) (a) of the North
Andover Zoning By-Laws, as its members had represented they
would at the public hearing on June 14, 1988 relative to
Plaintiff's application for Special Permit and Variance as
set out hereinabove.-
22 .
ereinabove.22 . The Board of Appeals in its decision dated August 16,
1988 and filed with the Town Clerk on the same date, found
that "Major external structual changes would be made" in
violation of Section 4.122 ( 14 ) (a) .
23. In the North Andover Board of Appeals decision dated
August 16 , 1988, nowhere does the Board address the
language contained in the second half of the first sentence
of Section 4.122~ ( 14 ) (a) . At its public hearing on June
14, 1988 the Board did not address the issue of the
character of the neighborhood, although Plaintiff and
Plaintiff' s counsel raised and argued the issue.
24. The Plaintiff alleges that the North Andover Zoning
Board of Appeals did not read the first sentence of Section
4 . 122 ( 14) (a) in its totality. But rather eliminated any
consideration of the amended portion of said sentence by
its reading and interpretation of the first half of said
sentence, without regard to a reading and interpretation of
the second half of said sentence.:
24. The Plaintiff alleges that North Andover Board of
Appeals has not considered the By-Law change which occurred
in May 1987 as outlined above, to the detriment of the
Plaintiff.
25. The Board of Appeals exceeded its authority insofar as
it acted on legally untenable grounds and/or in a manner
which was unreasonable, whimsical, capricious or arbitrary.
COUNT TWO
26. Plaintiff realleges and incoporates herein the
allegations made in Paragraphs 1 thourgh 25 of this
Complaint, as though fully set forth here.
27. The Plaintiff has satisfied the provisions of Section
10, Paragraph 10.3 and 10. 4 of the Zoning By-Laws.
WHEREFORE, Plaintiff respectfully requests the
following relief:
a. That the Board of Appeals decision be annulled;
b. That the Plaintiff's request for Special Permit
and Variance be remanded to the Board of
Appeals for further consideration under specific
direction by the Court;
C. Such other relief as justice and equity may
require.
i
RON POLLONE,
Ron Pollone
September 2, 1988 187 Main Street
North Andover, MA 01845
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September 2, 1988
CLERK' S OFFICE
Salem Superior Court
34 Federal Street
Salem, MA 01970
RE: Ronald F. Pollone
VS: Board of Appeals et al
Dear Sir/Madam:
Enclosed for filing and docketing, please find a complaint
with the entry fee.
Very truly yours,
Ron Pollone
}'.• • NORTN
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TOWN OF NORTH ANDOVER
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MASSACHUSETTS ate e fl',6nc, oof t'he n
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in the Office
BOARD OF APPEALS Clerk.
* * * * * * * * * * *
*
Petition of:
* Petition 51-87
Ronald F. Pollone
* DECISION
187 Main St.
North Andover, MA
*
* * * * * * * * * * *
The Board of Appeals held a public hearing on April 14, 1987 on the application of
Ronald F. Polline requesting a variance from the requirements of Section 4, Paragraph
4.122(14) and Table 2, and a Special Permit from the requirements of Section 10,
Paragraph 4 of the Zoning Bylaws so as to permit conversion of a duplex to accomod-
ate five (5) single family units, on the premises located at 185-187 Main Street.
The following members were present and voting: Frank Serio, Jr., Alfred Frizelle,
Augustine Nickerson, Walter Soule and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on March 12 and March 19,
1987 and all abutters were notified by regular mail
The petitioner presented plans to the Board showing the intended three, single
family units attached to the back of the duplex, all in one row. The Board finds
that this is not a conversion of the original dwelling, but an addition.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED to
DENY the variance and Special Permit as requested. The vote was unanimous.
The Board finds that the petitioner has not satisfied the provision of Section 10,
Paragraph 10.31 and Paragraph 10.4 of the Zoning ByLaws, and if granted, would
derogate from the intent and purpose of the Zoning ByLaw and adversely affect the
neighborhood.
Dated this 21st day of April, 1987.
BOARD OF APP S
Frank Serio, Jr.
Chairman
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NO r,� :i,�' ;: Baas•� ed
" `'✓cR � iciiu�4 all oe fil
AP/� l �l r pnY appeal d YS after t e
Ail
'87 In csrs within 1201 of this No
�ntthe Offi e of. the Town
DOARD OF APPEALS clerK.
NOTICE OF DECISION
Ronald F. Pollone
187 Main St. Aril 16 1987
North Andover, MA 01845 Data
Petition No.. . . . .51-87. . . . . . ... . .
Date of Homing. . .Apr l ,14,. 1987,
Petition of Ronald.F.. Pollone. . . . . . . . ... . . . . . . . . . . . .. . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . .185-187, Main, Street • . . • _
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Special Permit &
Referring to the above petition for a-variation from the requirements of UC.variance.of. Stiction 4,
Paragraph .4.,M.(10 .and, $pccia.l.P:ermit.of. .S.ection. .1.0., .Paragraph.4. and .Table. 2 of
the Zoning ByLaws
so as to permit . . conversion. of .a.duplex .to. accammodate. .five. single.family .units...
. . . . . . . . . . . . . . . . . . . . . . . . . .:Y.• •
After a public hearing given on the above date, the Board of Appeals voted to . DENY. . c the
variance. and.Special .Perm t . . . . Ahs
pennWtexxx . . . .as- requested.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . .
Vote was unanimous to DENY the variance and Special Permit, voting were:
Frank Serio, Jr. , Alfred Frizelle, Augustine Nickerson, Walter Soule and
Anna O'Connor.
Signed
. . . .Frank .Serio.*• Jr. = .Chairman• . • ,
Alfrec( .Ftizelle., .V#canchairman
. . . Clerk. .
WaItar .Soule. . . . . . . . . . . . . . . . .
Anna .0'.Connor.. . . . . . . . . . . . . . .
Board.of APpe
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MASSACHUSETTS
SOARD OF APPEALS
NOTICE OF DECISION
Ronald F. Pollone
187 Main St. Date • • August 15.,. .1988. . . . . . . .
N. Andover, MA 01845 141-88
Petition No. . . . . . . . . . . . . . . . . . . . . .
Date of Hearing. . August 9, 1988
Petition of Ronald F. Pollone . .. . . . . :. . .. . . . . . . . . . . . . . . . . . . . . .
Prenmisss affected .185-187. Main St.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of J* Section. l2.,. .Table 2
and Special Permit of Section 4.122(14) of the Zoning Bylaws
so as to permit the right to convert any existing dwelling to accommodate not
more than five (5) family units
After a public hearing given on the above date, the Board of Appeals voted to . . . . DENY ; the
Variance and Special Permit
iICX. . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . .
Signed / 97-C,a
Frank Serio, Jr., Chairman
Augustine Nickerson, Clerk
William Sullivan
Anna O'Connor
Louis Rissin
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .,
Board of APpeah
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Ronald F.Pollone
185-187 Main St. Petition X141-88
N. Andover, MA 01845
* DECISION
The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988 upon
the application of Ronald F. Pollone, 185-187 Main Street requesting a variance from
the requirements of Section 12, Table 2 and a Special Permit of Section 4.122(14) of
the Zoning Bylaws so as to permit the right to convert any existing dwelling ,to
accomodate not more than five (5) family units on the premises located at 185-187
Main St. , North Andover, MA 01845. The following members were present and voting:
Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna
O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on May 26 and June 2, 1988
and all abutters were notified by regular mail.
I
Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted,
unanimously, to DENY the variance and Special Permit as requested.
The Board finds that major external. structural changes would be made, as described
in! Paragraph 4.122(l4) (a) af ;$beuByLaws, should this petition be granted.
The Board further finds that the petitioner has not satisfied the provisions of
Section 10, Paragraph 10.3 and Section 10.4 of the Zoning ByLaws and the granting
of this variance and Special Permit would derogate from the intent and purposes of
the Zoning ByLaws.
Dated this 16th day of August, 1988.
BOARD OF APPEALS
Frank Serio, Jr. "
Chairman
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REC'-
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BOARD OF APPEALS
NOTICE OF DECISION
Ronald Pollone
185-187 Main St. November 16, 1989
N. Andover, MA 01845 �� . . . . . . • • • • •
Petition No.. . . . . .86-89. . . . . . . . . . .
Date of Hearing 1989
petition Of . . . . . . . . R,o11eld, Rollong. . . . . . . . . . . . . . . . . . . . . . .. . . . . :. . . . . . . . . .
Premises affected . . . . . . . .105r-.W .Maiv. .S.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of QW.Seet;,oxt .74.AM
'fable 2, and a Special Permit of Section 4.122(14) of the Zoning Bylaws.
so as to permit . . interior. construction to.convert.2. family.to. A .family. dwelling. .;,
and relief of 100' frontage- , . . . .. . . . . . . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .,v. .
After a public hearing given on the above date, the Board of Appeals voted to . :GRANT. . . . s the
variance & Special Permit as requested hereby authorize the Building Inspector to issue a
Permitto . . . . .Ronald •Pollana. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
Walter . . . . . .•. . . . . . . . . .:
. . . . . . . .$ayatond.ViFenzio. . . . . . . . . . . . : . .
Auxia O'GoDnar . . . . . . . . . . . . . . . . .
Louis .Rissin . . .. . . . . . . . . . . . . . .
Board.of Appears
RE C"'iNTI0
Any appeal shall be filed DANIEL LONG
oa jOorH94,
TOWN- CLERK
wit-in (20) days after the ,= a, �0 NOpT 14 :;; AVER
of filing of this Notice A
in the Office of the Town ;_, - ,, SOU �6 �� i
pq•
Clerk. �'"-SACHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Ronald Pollone * Petition: #86-89.
185-187 Main St.
N. Andover, MA 01845 * DECISION
The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1989
upon the application of Ronald Pollone requesting a variation from the require-
ments of Section 7,2 and Table 2, and a Special Permit of Section 4.122(14) of
the Zoning bylaws so as to permit interior construction to convert a 2-family
dwelling to a 4-family dwelling and relief of 100' frontage on the premises located
at 185-187 Main Street. The following members ere present and voting: Frank
Serio, Jr. , Chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on October 26,,1989 and
November 2,1989 and all abutters were notified by regular mail
Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the variance and Special Permit as requested.
The Board finds that the granting of this variance and Special Permit will not
be a detriment to the neighborhood and will not nullify or substantially
derogate from the intent and purpose of the bylaws.
Dated this 16th day of November, 1989.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. �
Chairman
/awt
Re*ei"d 'by Town Clerk:
REVIVE.
pANVIH C1tO+IG
TOS'+( .rRK
NORTI 'I;,'J YER
TOWN OF NORTH ANDOVER, MASSACHUSETTS �'1n9
BOARD OF APPEALS 7kL:�� 6J'Jn��T��J (( 39 AM T9 -
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant_ --Address RONALD F. POLLONE 187 Main M . No. Andover, MA
.
1. Application is hereby made:
a) For a variance from the requirements `of Section 7.2 Paragraph
and Table' 2 of the Zoning By Laws.
b) For a Special Permit under Sectio:k.MaragraphA4_0f the Zoning
By Laws.
( c) As a PaKty Aggrieved, For review of a decision made by the
Building Inspector or other authority.
2. a) . Premises af-fecLed are land X and building(s)_X—numbered 185-187
lii�V Street.
b) Premises affected are property with frontage on the North ( )
South (Q East ( ) West ( ) side poE�
Street, and known as No.` 1�L7_Main-- Street.
e) Pxemises affected are in Zoning District8!�_, and the premises
affected have an area of 1 49D square feet and frontage of
79 feet.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Ronald F. & Mar10nP I ------
Date of Purchase_--Z/j947-9L--__Previous Owner J Mnka
b)' If applicant is not owner, check his/her interest in the premises: ,
Prospective Purchaser —Lesee _Other (explain)
x. 44 Size of proposed building:'____ front; feet deep;
.Height " storiesl__ feet.
a) Approximate date of erection:`
b) Occupancy or use of each Floor: Residehtial _
1 c.) .Type of construetion:_W003 �Q—___
feet dcc
5. Size of existing building: ___feet front; 6l7 Pr
Height4.' --stories;-35—feet.
a) Approximate date of erection:_1861�__�_
residential
b) Occupancy or use of each floor:__---__
3 c) Type of construction: wood frame _
G. Has there been a previous appeal, under zoning, on these premises?
If so, when? a9XIIJ987
• �#erior construction to convert 2 family toy;four. .family.
Description of relief sougtlt'on `this petition "Vhe right to convert Any existing dwelling
�
to 'aaommodate, not more than five family units by a�"pecial Permit. Variahce .. frontage is less
theht4'"AA-(One--3�red)-feat---^'---^
«,...Deed recorded in the Registry of Deeds in Book Pagc�6Q ?
.ILand.court certificate No. Book Pn e
he principal points upon which I base,my application are as follows'
must be stated in detail) �''
NoJ=jOr exterior strudtural ohanges' shall be made;j� ieh alter the charaeter''4f the existing '
nei, 0 O lie ori o e w—e's e a 1• a v re—sic ence a t a 't4nty unit
00 ' _is_a thraa f' mil* withbuginean nffiaeu;•. to the south$ an
81 �ftinr 4 mtlry raa�]�+�ae �►rnr��l �'i F th harariti%*_ n thlg ���bOrhOOCi.
agree to pay the fili fee, advertising in newspaper, and incidental
;xpenses"
ztc) s n lure of Pet t>o1 errs
every application for' action by the Board shall be made on a form approved ;
;ythe Board. These forms shall be furnishes) by the Clerk upon request.
_ny communication purporting to be an application shall be treated as mere.
-.lotice of intention to seek relief until such time •as it is .madc on the
fficial application form. ALL information called -for by the form shall
: a furnished by the applicant in the manner'therein :prescribed.
very-application shall be submitted with a list of "Parties In Interest" •
hick list shall -include .the petitioner, abutters, owners of land directly
pposite on any public. or private street or way, and abutters to tile
feet (300'. ) of the property line of the
butte[s ;within: three hundred
otitfoner' as they appear_on the most recent applicable tax list,
gtwithstanding that the land of any such owner is located in another city
.r town, the Planning Board.of the city or town,. and the Planning Board of ? r
very, abutting city or town.
Every application shall be submitted with an application charge cost
he amount of $25.00. In addition, the petitioner shall be responsible '' ,:.;;•.:
or any and all costs involved in bringing the petition before the Board.;;,`,
uch.costs shall include inailing and publication, but are not necessarily; '`:•,:'�}Fi
imited to these. .�
all be submitted with a plan of land approved by the
very application sh
ar
oard. No petition will be brought before the Board unless said plan has
een submitted. Copies of the' Board's requirements reaardin9oo plans
ttached'hereto or are available from the Board of Appeals up 9
LIST OF PARTIES IN INTEItES'P
ii-- Namc . Address i•'.�
"L �e A,Xal.aojian` ' .......................)�l4 Second St ;I1
P.s 1i5o4igiah ......................'........1�5 Second St
;;r t
J :G Cyr .............:...............:....34-36 Second St
H.: datth"eson ......................... ......32. Second St
B Murphy ............. .........:..........26 Second St a1
R. MaEvoy ...........................:.......2a Second St ;•;
v 0. Box •141
Sturbridge •Arms Condo Assoc .,�............_ 0
18tJ & d Parrot Willie ...... ......... .... .. . .. Main St
Rolan CAtholio Archdiocese of Boston ..... :196 Main St s
I
401
(use additional sheets if`necessary)
e:
Receivod by Town CLerk:
OE V
')ANJ
IEL „;%;::G
-TOYr'rI • pt
'OVER TOWN OF NORTHANDOVER, MASSACHUSETTS
FEB 1l BOARD OF APPEALS
1 APPL1MdDb UF9A RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Ronald g__pollone 187 Main - w -rye Apdnupr, mA
1. Application is hereby made:
14
a) For a variance from the requirements 'of Section 4.122(Para ra h
and g p
Table 2 of the
Zoning By Laws.
b) For a Special Permit under Section 10 Paragraph 4_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 numbered185-187
Main St., No. Andover MA --' Street.
. b) Premises affected are property with frontage on the North ( )
South (X) East ( ) West ( ) side of _Main
Street, and known as NO-_ 185187_ ________
Main '_`_ Street.
C) Premises affected are in Zoning District R4 _, and t-he premises
affected have an area of 19090 _square feet and frontage of
_]2_f ee t. —
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Ronald F. & Marlene 0_Pollone
Date of Purchase 7-19-79--- --Previous Owner. J. Spanks
b)' If applicant is not owner, check his/her interest in the premises:
_-Prospective Purchaser `Lesee —other (explain)
44 Size of proposed building: front;_ feet deep;
" Height 2 stories; less thanf=eet .
JS-
a) Approximate date of erection:--June, 1987__
b) occupancy oruse of each floor: Apt 3,4,5 Residential
0 fic� tlooT_ 2nd floor residential
c) Type of construction: Wood Frame
5. Size of existing building: 30 feet front;_ _feet deep:
Height 2� stories; 35 feet'.
a) Approximate date of erection:__1860
b) Occupancy or use of each floor:_Residentiai .Off in home
c) Type of construction; Wood Frame
6. Has ,thore been a previous appeal, under zoning, on these premises?
N0 If so, when?
7,' Description of relief sought on this petition-Right to add three ?'vi'ne
units to total five living units
8. Deed recorded in the Registry of Deeds in Book•'1378. . Page 260
Land Court Certificate. No._--`Book page
The principal Points upon which I base my application are as -
follows;
(must be stated in detail) S*,.
In order to convert a duplex to accommodate five single family units
as required under Town of North Andover Bylaws Section 4, Paragraph 122(14)
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
--� Signatureof Petit10 er(s
Every application for action by the Board shall be made on a form approved
;Yby the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it is-made on the
official application form. All information 'called for by the form shall
be -furnished by the applicant in the manner 4herein4.prescribed.
Every application shall be submitted with a List of "Parties In Interest" .
which list shall include thepetitioner, abutters, owners of land directly
opposite on any public or private street or way, and abutters to the .
abutters ;Within: three hundred feet (300' ) of the property line of the
'k petitioner as they appear . on the most recent applicable tax 'list,
V1,?. 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 :!<4,
raj every abutting city or town.
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible '• : `t
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. ',G '
Every application shall be submitted with a plan of land approved by the s
Board. No petition will be brought before the Board unless said plan has
been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request. ,Z
?c LIST OF PARTIES IN INTEREST
Name Address
Lisa & Arek &alaydjian 44 Second Street
Peter Loosigian 46 Second Street'
John J. & Gloria Cyr 34-36 Second Street
M Helen Matheson 32 Second Street Y;
Elizabeth Murphy
P Y 26.Second Street ...�R
Rose Mc4voy 28 Second Street
Sturbridge Arms Condo Assoc. P.O. Box 141
John J. Jr. & Judy Parrot Willis 181:Main Street
Roman Catholic Archdiocese
of Boston 196 Main Street 5f4
(use additional sheets if necessary)
r
Rdccive,d by Town Clerk: RECEIVED
DANIEL LONG
TOWN CLERK
•� "
NORTH ANOOVER r
MAY 23 If 23 AM '68
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS 683-6816
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant �RQN_��Q- ;�QLL ----------- -Address 187 Main- St. , No. Andover . MA
1 . Application is hereby made:
a ) For a variance from the requirements 'of Section 12 Paragraph
and Table 2 of the Zoning By Laws .
b) For a Special Permit under Section4. 128aragraph ( 14 )Df 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 ) -numbered 185-187
Main Street .
b) Premises affected are property with frontage on the North ( )
South (X ) Last ( ) west ( ) side
Street , and known as No. 185-187 Main St._ Street .
c ) Premises affected are in Zoning District R and the premises
affected have an area of��� QgQ± square feet and frontage of
73_- feet .
3 . Ownership
a ) Name and address of owner ( if joint ownership, give all names ) :
.`.__-Rauald_ E- -&-11ar1-ne-D-_P.aLIon e_------
Date of Purchase 7_lg-7g--------Previous Owner T & M Spanks
b) If applicant is not owner , check his/her interest in the premises:
�-Prospective Purchaser -- Lesee Other (explain)
44 Size of proposed building:`_____front;_ feet deep;
n Height 2 stories ;1p--_feet .
a ) Approximate date of erection:. June 1988
b ) Occupancy or use of each floor :Jjgsidet
c ) Type of construct ion:__Wood-Frame
_,___
5 . Size of existing building:_—30 _ feet front : 60 feet deep;
Height_2-1 stories ; 35fcet .
a ) Approximate date of erection:^_-_1861 _____
r
b) Occupancy or use of each floor :Y__Rg_a Pnt D_
I ) Type of construction: _ Wogd__k'r4M.P__-----_ _
6 . [las there been a previous appeal , tinder zoning, on these premises?
yes If so, when? an�-ri1-:-1987 The zoning bylaw has since been '
amended by Town Meeting which negates the repetitive petition rule.
L
7,'"' Description of relief sought on this petition The right to convert any,
existing dwelling to accommodate not more than fivie- family units by Sppci.al .•
Permit ----- -- -
8. Deed recorded in the Registry of- Deeds in Book `1,378 Page 260
Land Cburt Certificate No. ---Book Page
The principal points upon which' I base my application are as follows:
(must be stated in detail ) ;'
No major exterior structural chdDges $hall he made which alter the charactdr
of the existing neighborhood . My, neighbors to- the--west include a Four-Pa mily--
residence and a twenty unit condominium; mv immediate neighbor to the east is.
a three ami -W`it-0fi Usl ess o FU'ees; to -the- south.; an• elementary school . A
y ig Be11§`Rbornood quite well .
I agree to pay the filing fe , advertising in newspaper , and incidental
expenses*
T--`one—
Signat e of Petitior�erUs
Every application for action by the Board shall be made on a form approved
, by the Board . These forms shall be furnished by the Clerk upon request .
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such, time - as it is . made on the �
official application form . All information called for by the form shall '
be furnished by the applicant in the manner �herein,:;prescribed .
Everyrapplication 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• ( 300 ' ) of the property line of the
petitioner as they appear - on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city .,•.:.`;
or town, the Planning Board of the city or town, . and the Planning Board of- �
every abutting city or town .
*Every application shall be submitted with an application charge cost in -
the amount ' of $25 . 00. In addition , the petitioner shall be responsible
• for any and all costs involved in bringing the petition before the. Board. ;:;'
Such., costs shall include mailing and publication, but are not necessarily;: : ,,2
limited to these . ,•;
Every application shall be submitted with a plan of land approved by the
Board . No petition will be brought before the Board unless said plan has
been submitted . Copies of the Board ' s requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request .
LIST OF PARTIES IN INTEREST
Name Address
Lisa & Arek Kalaydjian 44 Second St
Peter Loosigian •46 Second St
John J & Gloria Cyr 34-36 Second St
Helen Matheson 32 Second St
Elizabeth Murphy 26 Second St
Rose McEvoy 28 Second St
Sturbridge Arms Condominium Assoc . P.O . Box 141 •
John J. Jr . & Judy Parrot Willis 181 Main S' t
Roman Catholic Archdiocese of Boston 196 Main St
(use additional sheets if ' necessary)
`', R i
Rece$v#�d.4 y Town Clerk: ! R CEIYEO
DANIEL Lot,(;
WtvNORTH AN06YER
RAY z3 l) 14 hM �f1Q
TOWN OF NORTH ANDOVER, MAS C SETTS
130ARD OF APPEALS 7kl-;0 685-2607
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE ,
ApplicantTohn E. & Susan L. Greeley _--_Address 192 Stonecleave Road
1 . Application is hereby made:
a ) For a variance from the requirements 'of Section ', Paragraph <+L�
and Table '2, -of the Zoning 13y 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 )__numbered
192 Stonecleave Road
b) Premises affected are property with frontage on the North ( )
South ( ) Last ( ) West ( ) side of _
Street , and known as No.__ - _- Street .
c ) Pxemises affected are in Zoning 1)istric%R-/ , and the premises
affected Have an area of ,4-.y02_square feet_and frontage of
(NV feet .
� -- -
3 . Ownership
a ) Name and address of owner ( if joint ownership, give all names ) :
John E. & Susan L. Greeley_-,--------------
Date of Purchase April 14y1978 ___Previous Owner new
b) If applicant is not owner , check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
4,, Size of proposed building: 16-ft. front ; 20 feet deep;
n Height two stories ; _Leet .
a ) Approximate date of. erection- July, 1988 ___
b) Occupancy or use of each floor : sunroom, bedroan_
c ) Type of construction: ted__ _____�__
5 . Size of existing building: 66 ft. feet front ; 26 ft. feet deep;
Sleight two__stories ;____feet .
a ) Approximate date of erection :- Dec, 1g72_=Zpx, 1978
b) Occupancy or use of each floor : living spat - Ist floor, bedrooms - 2nd floor
I ) Type of construction : wood
6 . Has there been a previous appeaL , under zoning, on these premises?
no If so, when?
7:.' Description of relief sought on this petition
We feel this addition to our existing home would give us morq,-living and bedroom space,..,
as„well as add value to our property, without encroaching on'bur neighbors property..
B. Deed recorded in the Registry of. Deeds in Hook `'1335 Page 785
Land Court Certificate No. Book Page
The principal points upon which I base my application are as follows:
(must be . stated in detail )
As stated in #71 this addition would give us more neededliviho sp=.
I agree to pay the filing fee, advertising in newspaper , and incidental
expens * , .
• a
\. Sign.. ure of Petite er(s
Every application for actio by the Board shall be made on a form approved
by the Board . These forms shalt be furnished by the Clerk upon request .
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such time ;as it is . made on the
official application form . All information called for by the form shall '
be furnished by the applicant in the manner �hereinCrprescribed .
t
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 three hundred feet ( 300 ' ) of the property line of the
petitioner as they appear _ on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city _.'.,",
or town, the Planning Board of the city or town, . and the Planning Board of ;
every abutting city or town.
*Every application shall be submitted with an application charge cost in
the amouht- of $25 . 00. In addition , the petitioner shall be responsible '�: •;, '
•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 . :'•'��
Every application shalt be submitted with a plan of land approved by the
Board . No petition will be brought before the Board unless said plan has
been submitted . Copies of the Board ' s requirements regarding plans are
attached hereto or are available from the Hoard of Appeals upon request.*
LIST OF PARTIES IN INTEREST '
Name Address
• , r1�a�s' 2 fO�aJ. .�«may i�� S-a.��c���.� � ;;
zeoj
• c5'�yrJRi4 L c3av�'yr3y tea. �,navn.e s�R , .• ;
6,4vce
/47� -Ick,0 A!-Ket/ Gst 6hr�2 :., 7S �f7oti�ccE�/d�z,@a
AA /I;Va d dCf oif,4
die/ /�/d
(use additional sheets if ' necessary)