HomeMy WebLinkAboutLAPOINTE, MURIEL RECEIVED
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November 19, 1981
Clerk - Town of North Andover
Town Hall
120 Main Street
North Andover, Massachusetts 01845
Dear Sir:
On September 28, 1979 the Board of Appeals for the Town of North Andover
granted a variance for Muriel Crete Lapointe of 360 Forest Street, Methuen,
Massachusetts, relative to property designated as lots 102 and 103 Adams
Avenue, North Andover. This variance was later recorded on April 249 1980
in the North Essex Registry of Deeds in Book 1432, Page 48.
It was my understanding that, subsequent to the issuance of the variance,
Mr. Reynald Crete, of 100 Adams Avenue, North Andover, filed an appeal with
your office. Attorney John Willis has indicated to Mrs. Lapointe that he
has no knowledge of any appeal. Consequently, since much time has elapsed,
I would appreciate receiving some communieetion, concerning whether or not
there is in fact an appeal pending; if so, if the Town of North Andover is
.defending same.
Your prompt attention to this matter would greatly be appreciated, since Mrs.
Lapointe is presently at a standstill, and nothing seems to have been accom-
plished. Thank you for your anticipated cooperation.
Very truly yours,
Kachadoor Naroian!
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(TO PI AINTIWS ATTORNEY: Please Circle Typed Action Invoiced.--'TORT== MOTOR vEmCLE TORT
CONTRACT - EQUITABLE RELIEF-- OTIIER.j
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_ COMMONWEALTH OF MASSACHUSETTS
5 ESSEX,ss. SUPERIOR COURT
CIM ACTION
- . ,..,... . �.,..:. NO. 15822
Plaintiff(s) 'a,p5<r
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Town of North»Andover ,Defendant(s)
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'SUMMONS ,
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8 You are hereby summoned and required to serve upon JoseD_. .».. B g».»�-.- 9 »•..-..- -. '
5 aY .
316Essex s e xStreet, LawT a nc a
plaintiffs attorney,evbose address is » _ . » zMp'
an answer to the
C= complaint which is herewith served upon you, within 20 days after service of this summons upon you, ezclu-
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$ sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de-
. manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
a ,
` Salem
of this court at --_em-»— ---- - either before service upon plaintiffs attorney or within a reasonable
„ time thereafter. ,
qUnless otherwise provided by Rule 13(a),your answer must state as a counterclaim any cWm which you . #
v 8 may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the `<
a plaintiffs claim or you will thereafter be barred from making such claim in any other action. .x
damell P,, Zyneh-a ;-3&
WrrxEss, Esquire, at Salem, the ,
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g day of ,in the year of our Lord one thousand
nine hundred and seventy- =1 ?♦rill;�111ttt
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NOTES:
1. This summons is issued pursuant to R a usctts R es of Civil Procedure.
2 When more than one defendant is involved names of all defendants should appear in the caption.If a separate suaunons is "•
used for each defendant, each should be sed to the particular defendant
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PROOF OF SERVICE OF PROCESS
I hereby certify and return that on 187 , I served a copy of ; +
ithin summons, together with a copy of the complaint in this action, upon the within-named defendant, f
following manner (See Mass. R,Civ. P. 4 (d) (1'5):
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TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
TRIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. I
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss . Trial Court
Superior Court Department
Reynald P. Crete,
Plaintiff
VS .
Muriel (Crete) Lapointe
and
Frank Serio, Jr.
Alfred E. Frizelle
R. Louis DiFrucio
James D. Noble, Jr. *Complaint
William J. Sullivan, as
they are all the members of the
Board of Appeals of the Town of
North Andover,
Defendants
1 . The Plaintiff is Reynald P. Crete, an individual who
resides at 100 Adams Avenue, North Andover, Essex County,
Massachusetts.
2 . The Defendant Muriel (Crete) Lapointe is an individual
who resides at 360 Forest Street, Methuen, Essex County,
Massachusetts.
3 . The Defendants Frank Serio, Jr. , Alfred E. Frizelle, R.
Louis DiFrucio, James D. Noble, Jr. & William J. Sullivan
are the duly appointed and serving members of the Board of
Appeals of the Town of North Andover.
4 . The Defendant Muriel (Crete) Lapinte is the owner of a
certain parcel of land located at AdIms Avenue, North Andover,
Massachusetts, known as Lots 102 and 103 Adams Avenue, which
two lots contain Eight Thousand (8000) square feet.
5 . The zoning by-law for said Adams Avenue is R-4 , requiring
12, 500 square-feet for construction..of a single family
dwelling.
4
6. On September 28, 1979,- the Defendant members of the Board
OSEPN E. BOULANGER of Appeals granted a variance from the Zoning By-Law to the
Defendant, Muriel (Crete) Lapointe allowong her to construct
216 EY ATUW a single family dwelling on. sA d premises, a copy of which
Era Eseex aTREE'1'
LAWRENCE. MASS. Of�
decision is attached hereto and marked "A
7 . The Plaintiff, is an abuttor to said premises, his property
is thereby affected by said decision and he is a person
aggrieved by that decision.
8 . The members of the Board of Appeals, exceeded their authorit
in granting said variance, in that:
a) The Board found the lots were of "unusual size", not of
unusual shape as required by G. L. Chapter 40A Section 10.
b) The Board found the size was created by a conveyancing
error, which is not in fact true.
c) The Board found the size creates a substantial hardship
to the Defendant Muriel (Crete) Lapointe, which is unsupported
by the evidence.
d) The Board otherwise failed to comply with statutory
authority in granting said variance.
9 . The Defendant Members of the Board of Appeals further exceed
ed their authority in that the granting of the variance creates
a substantial detrinent to the public good, has an adverse
affect on the lana of the Plaintiff and derogates from the
intent and purpose of the Zoning By-Law.
Wherefore, the Plaintiff prays that the decision of the
Board of Appeals in granting said variance be annulled and fir
such other relief as this Honorable Court may deem equitable
and just
Reynald P. Crete
By His Attorney
JVsepV E. Bou er
S16 Essex Street
L
`Lawrence, MA 01840
Tel. 682-1062
EPH E. BOULANGER
ATTORNEY AT UAW
819 E98o1 STREET
WRENOE.MASE. 01990
982.109E
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TOWN OF NORTH ANDOVER
Gr7 MASSACHUSETTS
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BOA D .OF14 CH"'APPEALS ;i s'•..o.;sh�
40'r
NOTICE: This application must be typewritten.
`pir2 er z� ,a°2 APPLICATION FOR RELIEF FROM THE- REQUIRMENTS OF THE- ZONING „
ORDINANCE
Applicant Muriel (Crete) Lapointe Address 380 Forest St., Methtiea! MA 01844
1'. Application is hereby made
(a) For a variance from the requirements of Section 7 ,Paragraph.7.1, 7.2
of the Zoning By-Laws, and Table=
(b) - -- -- - - - - x� appcx3oot�oc -- _ - --- -- o
(c) �o-- IL
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2. (a)
(b) Premises affected are property with frontage on the North x
South East West side of Adam Avenue .-and
known as N0._Lots 102-&rA= Vie• Ad Avenue
(c) Premises. affected are.in Zoning District R-4- ,and. the premises
affected have an. area. of 8000 and fronta—ge--aT 80 feet.
3. Ownership:
(a) Name and address of owner (if joint ownership,give all nataes) :
Muriel (Crete) Lapointe - 380 Forest St., Methuen, Masa. 01844
Date of purchase 12/27/77 Previous owner Crete Realty Trust
See also deed of James Pot ne et al dated June 1
(b) � XXUWLIML
a Y
4. - Size of proposed building: front; feet deep.
Height: stories; . !'teet.Not known at present time; however,- ascot
shall conform to 10 requirements*
(a) Approximate date of erection
b Occupancy or use (of each floor) :
(c) Type of construction
5. Size of Existing Buildin : None feet front; feet -deep.
Height stories- --met.
(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, on these premises: Yes
If so, when November 7, 196.7 (p16-1967) -
7. Description of relief sought on this petition: To permit the construction of
a dwelling on an undersized lot of land containing only 8000 square feet (80 x 100) lot
on Adams Avenue, North Andover, Massa
8. Deed recorded in the Registry of Deeds in Book 1160 Page 737 or Land
Court Certificate NO. , Book Page "
Said Trust having dissolved 1977
9. -The principal points upon which I base my application are as
follows ; (must be stated in detail)
a) There will be no dimiu E o s rroundi toperty values
b The granting of the permit will benefit the public Interestj -
e Denial of the permit would result in unnecessary hardship to the owner=
d) by granting the permit substantial Justice will be done= *
i) The use of the building would not be contrary to the spirit of the ordinance.
I agree to ay for advert ' sing in newspaper and incidental expenses.
a
Petitioner'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 furnished by the .. .
clerk upon request. Any communication pur ortin to be an a li �
shall be treated as mere notice of intention to seek relief una
until such
time as it is made on the official application form. All information:.
called for by the form shall be furnished by the applicant in the manner
therein prescribed. .
Every application shall be submitted with a list of "Parties
in Interest" which list shall include the petitioner, aWtters, owners
of land directly opposite on any public or private street or way and
owners of land within three hundred-, feet of the property line all 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 of7:the town and the planning board of every abutting city
or town.
Every application shall be submitted with an application fee
sufficient to couer 'the cost of postage of notice .to all parties in ,in.
terest.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
Ms. Nina Gryniewicz 88 Adams Avenue, N,e Andover, Mass,
Anna•' iad• Joseph Pyternaf 98 Adams Avenue, North Andover., Mass.
Mre Reynold P,. Crete 108-110 Adams Avenue, N,. Andover, Mass,,
Crete. Realty Trust 45 May Street, Lawrence, Mass,
Mary'•;-:g.. Pasquale Marotto 124 Adams Avenue, No Andover;, Masa.
Ma. Helene Re Donohue 340 Wood Lane, N. Andover,, Mass.,
Ma,. Helen Co Roche 340 Wood Lane, N. Andover, Mass,.
Kogei A _4 Lorraine G. BeCotte 133-135 Autran Avenuy N. Andover, Mass.
hrlitined RichardM+ Pineau 133-135 Autran Avenue, N. Andover Mass
Marto & Renate a
t CoC, Cav�llaro 119-121 Autran Avenue, N. Andover, Masa.
John We Jr., d Nancy a Makowski 111 Autran Avenue, N. Andover, Mass*
James J. d Pauline Lustenberger 112 Autran Avenue, No Andover, Mass.
Vincent d Barbara Grasso 122 Autran Avenue, N. Andover Mass.
George As d Virginia Fl •
g Fleming 126
Daniel C. 8 Patricia A. Regan Autran Avenue, N.. Andover, Mass.
John R.C.
Cecile Be Micka g 138 Autran Avenue, N. Andover, Mass. !
Fanwood RCecil Trust 138 Autran Avenue_ N. Andover, Mass,
Joseph A. 6 Josephine M, Aiello 39 Farwood Avenue, N.Andove;Mass,
William 8. 3 Josephine
i Morin 37A Salam Street, Lawrence, Mass,
123 Adams Avenua, No Andover, Mass,
Joseph E. d Theresa He Moria 104 Martin Avenue, N. Andover,%Masse
Thomas We d Carol Me Muldoon 104 MeadownLane., N. Andover, Mass,
Stewart Pe Shirley A. Wilson 363 Wood Lane, No Andover, Mass.
Jamey P. Daw, Jr. 363 Wood Lane, N. Andover, Mass.
Samuel J. L Bernice A. Zappala 355 Wood Lane, N. Andover, Mass.
Donald J. McNutt 347 Wood Lane, N. Andover, Mass.
Joseph F. d Joan E* .Keegan 112 Martin Avenue, N, Andover, Mass,
Thomas He Q Rita Be Sullivan 120 Martin Avenue, No Andover, Mass,
Elaine Re & Charles S. Altman 92 Meadow Lane He
Kenneth J, d Sall A. Mullins Andover, Mass.
Sally lA9 - 113 Adams Ave., N, Andover, Mass.
Louis d Caroline Siuda 99 Adams Avenue., N. Andover, Mass.
ADD ADDITIONAL SHEETS IF NECESSARY. -
Elizabeth Me Bilodeau 71 Adams Avenue, N. Andover, Masa. -
Ytronne Giard 53 Martin Avenue, N. Andover, Mass.
Louis Dubois 53 Martin Avenue, N. Andover, Mass.
Richard d Anne T. Ways 88 Martin Avenue, N. Andover, Mass,
Marie Be Corey 92 Martin Avenue., N. Andover, Mass*
,
. w
JOSEPH E. BOULANGER
ATTORNEY AT LAW
316 ESSEX STREET
SUITE 404
LAWRENCE. MASS. 01640
TELEPHONE: 617 661-1062
October 17, 1979
Daniel Long, Town Clerk
Town of North Andover
1Z0 Main Street
No. Andover, MA 01845
Re: Zoning Variance granted on
petition # 27- 79
Dear Mr. Long:
This letter, along with a copy of the
Complaint attached hereto, is notice of the action
by Reynald P. Crete in the Superior Court to annul
said decision of the Board of Appeals.
Very truly yours,
J 1 �
, 6a ep E. Boulanger
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1
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . Trial Court
Superior Court Department
* * * * * * * * * * * * * * * * * * * * * *
Reynald P. Crete,
Plaintiff
VS .
Muriel (Crete)Lapointe
and Frank Serio, Jr. * Complaint
Alfred E. Prizelle, R. Louis DiFrucio
James D. Noble, Jr. , William J. Sullivan,
as they are all the members of the Board
of Appeals of the Town of North Andover,
and Town of North Andover
Defendants
1 . The Plaintiff is Reynald P. Crete, an individual who
resides at 100 Adams Avenue, North Andover, Essex County,
Massachusetts .
The Defend Muriel Crete. Lapointe is an
individual
2. T . ant u (Crete) P
who resides at 360 Forest Street, Methuen, Essex County,
Massachusetts.
i
3. The Defendants Frank Serio, Jr . , Alfred E. Frizelle, R.
Louis DiFrucio, James D: Noble, Jr. and William J. Sullivan,
are the duly appointed and serving members of the Board of
Appeals of the Town of North Andover.
4. The Town of North Andover is a Municipal Corporation duly
organized and existing under the Laws of the Commontvbalth of
Massachusetts.
S. The Defendant Muriel (Crete) Lapoiate is the owns of a
certain parcel of land located at Adams Avenue, North Andover,
Iviassachusetts, known as Lots 102 and 103 Adams Avenue, which
two lots contain Eight Thousand (8000) square feet.
6 . The Zoning By-Lawaw for said Adams Avenue is R-4. requiringuiring
12, 500 square feet for construction of a single family
dwelling.
7 . On September 28, 1979, the Defendant members of the Board
of Appeals
granted ranted a variance from the Zoning By-Law to the
Pp
Defendant, Muriel (Crete) Lapointe allowing her to construct
( `JOSEPHE. BOULANGER a single family dwelling on said premises, a copy of which
ATTORNEY AT LAW
310 ESSEX STREET
L LAWRENCE,MASS.01040
ees-loss
F A
ss�cNug�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
SEP '-� 1979
September 28, 1979
awa
°eazMuriel Lapointe
b2
ea zz �2 Adams Ave.
Petition #27—'79
Daniel Long, Town Clerk
Town Office Building
North Andover, Ma.
Dear Mr. Long:
A public hearing was held by the Board of Appeals on September 17, 1979 upon, application
of Muriel Lapointe who requested a variation of Sec. 7e1, 7.2 & Table 2 of the Zoning
By-Law so as to permit construction of a dwelling on an undersized lot of land contain-
ing only 8,000 s.f. on the premises known as lots 102 & 103 Adams Ave. and shown on a
plan of land dated September 1979. The following members were present and voting:
Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman; R. Louis DiFruseio,
Clerk; James D. Noble, Jr.; and William J. Sullivan, Assoc. Member.
Evidence presented at the hearing showed that the Board of Appeals granted a variance
in 1967 to allow two 8500 s.f. lots. Further, that by error, one lot was conveyed with
9000 s.f. leaving a lot of 8000 s.f. The amount of land conveyed in excess was a strip
five feet wide and one hundred feet in length.
Upon motion made by Frizelle, seconded by Noble the Board voted to GRANT the variance
subject to construction of a single family dwelling only. The Board finds that the
petition meets the requirements of Sec. 10.4 of the By-Law. Specifically, the unusual
size of the lot, which affects only this lot, created by an error in conveyance; creates
a substantial hardship to the petitioner. The Board further finds that, in light of the
fact that it previously granted a variance affecting the same premises, the present
request is not that great and conforms to the intent and purpose of the By-Law.
Very truly yours,
B9113D OF APPEAL T
Frank Serio, Jr., Cha
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
og 10 17 " BOARD OF APPEALS
NOTICE OF DECISION
1 SEP 9P, 1879
I };
M 1lfh� m Date . . . Sept• .28,. 19.7.9 . . . . . . . . .
�d oZ Petition Na. 27-'79. . . . . . . . . . . . . .
s2szaa `Z
Date of Hearing. . .Sept... .17, . 19.7.9
Petition of . .MURIEL .LAP01.M . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . ... . . . . . . . . . . . . .
Premises affected . . Lots, 102, .8y.193.Adams .Ave... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
. .North. Andover, Zoning. By. Law. . Sea... .7.1 ,. 7...2 .&.Table. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . o.onstruotion .of.a. dwelling. on. an.undersized. lot. of.land containing
only. 8,000.s.f.. . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .MVM. . . . . the
VARIANCE . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to Muriel. LaPointe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1) construction of a single family dwelling only
Signed
Frank Serio, Jr., Chairman
Alfred E. Frizelle, Esq., Vioe—Chairman
R. Louis DiFruscio,. Clerk. . . . . . . . . .
. . . . . . . . . . . . . . . . . .
James D.. Noble, Jr., . , . . . ,
William J. Sullivan,. Assoc.. Member
Board of Appeals
Oversized Maps on file with the Town
t
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . Trial Court
Superior Court Department
Reynald P. Crete,
Plaintiff
VS .
Muriel (Crete)Lapointe
and Frank Serio, Jr. * Complaint
Alfred E. Prizelle, R. Louis DiFrucio
James D. Noble, Jr. , William J. Sullivan,
as they are all the members of the Board
of Appeals of the Town of North Andover,
and Town of North Andover
Defendants
1 . The Plaintiff is Reynald P. Crete, an individual who
resides at 100 Adams Avenue, North Andover, Essex County,
Massachusetts .
2. The Defendant Muriel (Crete) Lapointe is an individual
who resides at 360 Forest Street, Methuen, Essex County,
Massachusetts.
3. The Defendants Frank Serio, Jr . , Alfred E. Frizelle, R.
Louis DiFrucio, James D: Noble, Jr. and William J. Sullivan,
are the duly appointed and serving members of the Board of
Appeals of the Town of North Andover.
4 . The Town of North Andover is a Municipal Corporation duly
organized and existing under the Laws of the Commonwbalth of
Massachusetts.
S. The Defendant Muriel (Crete) Lapointe is the owner of a
certain parcel of land located at Adams Avenue, Nortb Andover,
Massachusetts, known as Lots 102 and 103 Adams Avenue, which
two lots contain Eight Thousand (8000) square feet.
6 . The Zoning By-Law for said Adams Avenue is R-4, requiring
12, 500 square feet for construction of a single family
dwelling.
7. On September 28, 1979, the Defendant members of the Board
of Appeals granted a variance from the Zoning By-Law to the
Defendant, Muriel (Crete) Lapointe allowing her to construct
'JOSEPH E. BOULANGER a single family dwelling on said premises, a copy of which
ATTORNEY AT LAW
SIS ESSEX STREET
LAWRENCE,MASS.OISAO
ees-goes -
decision is attached hereto and marked "A11.
8. The Plaintiff, is an abuttor to said premises, his property
is thereby affected by said decision and he is a person
aggrieved by that decision.
9. The members of the Board of Appeals, exceeded their authorit
in granting said variance, in that:
a) The Board found the lots were of "unusual size", not of
unusual shape as required by G. L. Chapter 40A Section 10.
b) The Board found the size was created by a conveyancing
error, which is not in fact true.
c) The Board found the size creates a substantial hardship
to the Defendant Muriel (Crete) Lapointe, which is unsupported
by the evidence.
d) The Board otherwise failed to comply with statutory
authority in granting said variance.
10 . The Defendant Members of the Board of Appeals further exceed
ed their authority in that the granting of the variance creates
a substantial detriment to the public good, has an adverse
affect on the land of the Plaintiff and derogates from .the
intent and purpose of the Zoning By-Law.
Wherefore, the Plaintiff prays that the decision of the
Board of Appeals in granting said variance be annulled and for
such other relief as this Honorable Court may deem equitable
and just
Reynald P. Crete
By His Attorney
2
J sep E. BoulAIJ6r
S16 Essex Street t%
''Lawrence, MA 01840
Tel. 682-1062
JOSEPH E. BOULANGER
ATTORNEY AT LAW
910 ESSEX STREET
LAWRENCE, MASS.01940
992-1092
#
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CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
7
p BOARD OF APPEALS
SEP '3 1979
September 28, 1979
a , r
oZ0 Muriel Lapointe
a2 Fz za ti2 Adams Ave.
Petition #27-179
Daniel Long, Town Clerk
Town Office Building
North Andover, Ma.
Dear Mr. Long:
A public hearing was held by the Board of Appeals on September 17, 1979 upon,application
of Muriel Lapointe who requested a variation of Sec. 7.1, 7.2 & Table 2 of the Zoning
By—Law so as to permit construction of a dwelling on an undersized lot of land contain—
ing only 8,000 s.f. on the premises known as lots 102 & 103 Adams Ave. and shown on a
plan of land dated September 1979. The following members were present and voting:
Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq., Vice—Chairman; R. Louis DiFruscio,
Clerk; James D. Noble, Jr. ; and William J. Sullivan, Assoc. Member.
Evidence presented at the hearing showed that the Board of Appeals grantda a variance
in 1967 to callow two 8500 s.f. lots. Further, that by error, one lot was conveyed with
9000 s.f. leaving a lot of 8000 s.f. The amount of land conveyed in excess was a strip
five feet wide and one hundred feet in length.
Upon motion made by Frizelle, seconded by Noble the Board voted to GRANT the variance
subject to construction of a single family dwelling only. The Board finds that the
petition meets the requirements of Sec. 10.4 of the By—Law. Specifically, the unusual
size of the lot, which affects only this lot, created by an error in conveyance, creates
a substantial hardship to the petitioner. The Board further finds that, in light of the
fact that it previously granted a variance affecting the same premises, the present
request is not that great and conforms to the intent and purpose of the By—Law.
Very truly yours,
BOA$D OF APPEAL
7
ATTEST:
Frank Serio, Jr. , Cha an A True Copy
A`.r:gb
Town Clerk