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HomeMy WebLinkAboutMARKEY, JOHN JOHN J. LYNCH TtLPHOMt 668-9881 JOHN J. WILLIS JOHN J. WILLIS, JR. LYNCH, WILLIS AND WILLIS ATTORNEYS.AT.LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01848 October 18, 1977 Mr. John J. Lyons Town Clerk North Andover Town Hall North Andover, Mass, RE: William Patterson vs. John F. Markey et als Superior Court Dear Mr. Lyons: Pursuant to Massachusetts General Laws, Chapter 40A, Section 17, notice is hereby given that on October 18 , 1977, I tiled with the Essex Superior Court a Bill of Complaint appealing from the decision of the Board of Appeals of the Town of North Andover, filed with you on October 5, 1977, in the utter of the issuance of a variance to John F. Markey for the property described in Board of Appeals Petition No. 15-177. A copy of the Bill and attached Exhibits are ended herewith. Very y yours, John J. Lynch JJL:enh Enclosures I, John J. Myons, ffi�t Clerk of the Town of North Andover, have received on th3.srr� de4y of Octobers 19771 a copy of this letter and a copy o e Bill of Complaint to which a certified copy of the decision appealed from has been attached, referred to therein, and I fix mT signature hereto as an acknowledgement and a receipt of the said documents. J To 3.e . _ s Town of h Andover E }81� Ions I cc= W "�=AK PASOM MICR± ` x= or 000SAW PWAVM go G4• CRAPUR ..µ.} *102 1* M cued. nM ski bola =4 U OR* 4 LOM ainus=t am 34 Md � 1 �v betIM JR, + of the Board of Abpaese of Of $ of Novo Andevor assts 10 fte Plaintiff, William l�� br�r� , to And~* of roll ovw* 19 y located st snd +� , �h And�'1' * Essex tf 4 Rassaah sates. sxA Is an imsediate oLb tter to tho lowase Za 2he► Defe ►t, John P. Hsi, is the amar of Us loom situated at 246 fuspike Stresti, XoMft Andevelr, Nasseuabusettet 34 fts Wendsats, Frout Serle,dr. , Alfred g. Prisollow IMAM DOvussio, Jesse D. YOU*, Z r" , and Ralph R. greys*, ars soubms of tbo Board of Anso3s of tho Som of North Andooear. 40 ate Plaintiff appeals from a doolsi set of Ww low of North 8adovo r Board of Appeals, "ted October 5, 19"t t reedared as a ret of a public uld oa e� 1$, 19"m Said deoi sift was filad Mi Tom Clark of North Andsvor on aoltobar $, 1 ', a aertlfted OW of i6ta is attad" heli" to and marked 2whibit "A". fts Plaintiff all*$" that said da""o n emsse"a , of the Board of Appeals of tho Tow of Xorft JlMs vw veuad further vales that he is a pee leved by Us aatitA of LYNCH,WILLIS&SCALISE $am Board* ATTORNEYS-AT-LAW - 160 PLEASANT STREET - NORTH ANDOVER. MASS. 01845 fts plaintiff alleges that the Defendants Jeft to l•r aggliaatlon for a 4ariati4s► frm the uive lee"s $00tift d*3 and %Uo g of 00 Zoning 46PZW is ropapast to the Zoning AlrorLaw of the ftft of Xwth AAUM*W* "!* Plaintiff all t a r no e�.i i s � ' the lows whith arsufficient to al the get+endsnt, John to ham': to reosivt a Variam* from the Zm o so no Plaintiff all*"$ oat Us Botemeant, 4taba 10 lbxkwv me not given evidence as to hie► a literal "fodreem ent of Us Zoning L1e" weld involve hLvd*Ap, t tsmoiol or otherwises 9. "fie Plaintiff alleges flet theWWWAIMOASM Of 00 v e substantially d es f dt tyle � Of of North Ando'virw* 100 'te Plaintiff alloges. that• thte decision of the sat Board of Appeals mobers failed to make aff1wmfty* fist as to the existence of each eared tion of the dtat+ate Lo .�er O motion, 10) required for the Ug of the 11,10M DIM, the platub"s doman"s 1* Y the44101111166 30416 of Appeals of 00 Tosm of Xbrith ♦mdover be ed; 20 poor sub other e�e6't fwrober volior tus smamble cowt mw dow se stt sad wall--me -Avumw IV .�i.r.�".w:arrrlrnrrrrr n a. i ftmo* ted.• .LYNCH,WILLIS&SCALISE ATTORNEYS-AT-LAW 180 PLEASANT STREET NORTH ANDOVER,MASS. 01845 i r�0RT1y t F� RVatt Tt :tI4 ;.• [SSS '' _ ; Yip• •'�%'4 � L 3 Y ' TOWN OF NORTH ANDOVER 110 11 �2 �<Z � r' MASSACHUSETTS REC76VE� iE'�j BOARD OF APPEALS ' 17 Frn October 5, 1977 John F. Markey 246 `larnpike St. Petition No. 15—'77 John J. Lyons, Torm Clerk Town Office Building North Andover, Ma. Dear Sir: A public hearing was held by the Board of Arpc-.ls nn Sent= ;:ger 19. 1 1977 upon application of Dr. John F. "a.rkey who rem;e:-ted variation of Sec. 6.3 and Table 2 of the Zoning By-Law so as to permit a side setback variance as shown on a plan of land dated August 1977 locate on Turnpike Street. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, Clerk; James D. 11oble, Jr. ; and Ralph R. Joyce. The hearing was advertised in the La;:rence eagle-Tribune on September 3 & 107 1977 and all abutters here duly notified by regular mail. Dr. Markey appeared for himself and introduced a plan dated August 1977 showing the layout of the lot and house and the proposed 2--car garage. Upon examination, the Board found that the side lot line from which the proposed garage is set lb, ck cuts bank across the lot in c•'_;ch a manner so as to make the construction of a 6_rage virtii-,lly impossible unlo�-s a side setback variance is graxtted. They further erg rood the plan and found that the proposed location of the garaEe is the only viable location on the lot and that any alternate site required acess to it from a 4-land divided high-,:ay r:hich tiould create a traffic hazard. It was noted by Dr. P-'arkey that the neighborhood is a mix_ of single and 2-family housing, marry of the houses with and without garages. Sie suggested to the Board that the proposed structure could have no ad�,rerse effect on the neig`riborhood and certainly not upon the community in general. i Dr. William Pattcr,,on, an abutter, appe;rreA in OPPO:'1'1'I0P% Upon ex,miination, it was determined that his proporty was approximately 0 ft. from the lot line and the pro- posed garage would be approximately 30 ft. from his d",%elling. The determination rias i Dr. John F. Markey Decision —2_ / to maintain made that the intent of the By—Law in an R-4 District was 0 ft. between ; dwellings by virtue of 15 ft. setbacks. It 1•:3s noted that the 30 ft. existed between the proposed structure and Dr. Patterson's dwelling. The Board concLnied that the intent of the By—Law was not being violated by this proposed_structure. Dr. Markey suggested that, due to the shape of the lot, there is a hardship in building a garage which related only to his lot and not to any of the other lots in his R-4 District. The Board concurred that, dire to the manner in which the side line cuts "'ack across the lot the situation -was unique. Ifardship ;:as fol.;nd in that Dr. Markey could not adequately house his motor vehicles any;%There else on ti,e lot Without incurring sub— stantial risk for his safety and the ge.leral safety of the public. Dr. ; _ rkey further suggested that in that the front part of his lot had at one point been t leen by eminent domain making further i -.pcsed hardship upon the future utiliLaticn of his remaining lot by further distorting the shape of the lot. Upon a motion duly made and seconded by 1`.essars Joyce and DiFruscio, respectively, the Board unanimously voted to GM,',T1 the variance as requested. Very truly yours, BOARD OF APPEALS Frank Serio, Jr. , C1,3*.ar::,1%n RRJ:gb North Andover, Hass. 0 ctober 13, 1977 Certified to be a True Copy ATTESTS HN I IONS C. C. K,. No. ANDOVER, MASS. 01845 . i w` ' h rF' ORT r- T .� Q�2R .r o E'• APR Il7TI :S f " TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . Gct.ober. 5,. .1.977. . . . . . . . Petition No..1.5-.77. . . . . . . . . . . . . . . Date of Hearing. . September. 19,_ .1977 Petition of JOHN F. MARKEY ;Premises affected . . .246 7t rnpika_ St... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referiing to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . 11ortn P.ndover 7oning. Ly-Law. . Scc. .6.3. and ,able 2 . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit thea. diti.on .of. an. attached garage. . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GWTIT_ the Variance . . . and hereby authorize the Building Inspector to issue a permit to . John. F. Markey. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed I Frank lerio, , Jr..,. _Chairm•,an, . . Alfred F. Frizelle, Vice-Chairman R. Louis DiFruscio, Clerk James D. f:oble,. Jr. R, R. Joyce. : . . . . . . . . . . .. x Board of Appeals ri: COMMONWEALTH OF MASSACHUSETTS I� Department of the Trial Cqurt Essex, ss. Superior Court No. 9693 William Patterson , ° RE 9 -40 VS. X. WCOW-A s� n an John F. Markey, et als. nv JUDGMENT i This action came on for trial before the Court, Cashman, J. presiding, and the issues having been duly heard and findings having been duly rendered, It is Ordered and Adjudged: This Court upholds the decision of the Board. The Plain- tiffs petition is Dismissed. Judgment for the defendants without costs. The clerk-Magistrate of the Court is directed to mail an attested copy of this judgment within thirty days from the date hereof, to the Town Clerk, Building Inspector, Board of Appeals, and Planning Board, respectively of the Town of North Andover. Dated at Peabody, Massachusetts, this Sixth day of May, 1985 a�i, /\Ye - Assistant r UE Co ATIECT DEPU ASS DAI 4 ' r COMMONWEALTH OF MASSACHUS 'TTS ''-per $(jE Lt �� �s, �'_ •=� j _ .t .!"' } iE% SS. IN i ilTx No. 9693 PATTERSON, / " Plaintiff I W . '� ' , .Irl ) MOTION FOR R-:-•It2URY .OF `. ARE*, et al ) JUDGMENT � Defendants E 1'°y } , xw. ; r John N. Markey, in the above- oK comes the defendant , e t#%et actio c�inand jga of FaCtmoves handoRulingsart to rOfeLaw e:ntor �tered br " '•: )(Caebta, J. on December 28, �.�38�• �onoirable Count , l {; R °. that JUDG�7ENIT waa en texed gra=ds Cher®fore, being 1985, e C c, t <>f w",jlch '��' ' 1pj► t .s Iionaxable court on January 9Couns9l fox' t3; plginuiff, , i a tir ''atrsched hereto and marked "A" 'ileal a "Motion for Releif 'From Judgment" ,twhichti� } tonal PilA.v;`oed y ., L �+► to File . Proposed Findings and Bu�eO811' of 4�l loatir�g coy��sel •" " '` oA Fobxuary 13, 195 "for the sole P P r �^F , ;.: breif and :argument" a copy of which io atr,act.ed hereto �ilrked nga EFORF, the defeursuant ndtreby moves for JtTDG�.�a � .' �•, a t• consist 1tjUDCvMNT" entered 'Jank-o:ry 9' i985t' and .apCrB 61? FACT AND RULINGS OF LACI" dated Dtst�ersbec ?, 1. 84 . c a1,.PC e . •• b t k 31� ::, F „_ _.. i MA•aLlf�i. .f:,.. i Y g ByRhis attorue nt3 r •J. ifft , Y ' t fihfr ►k'i@ • R .t1.w1.5, 4Q 81 g.. to 809 t 32-1 , L8Wr8I]o8�,'Too.(611 s.� *: :AP%4 B, 1985 .� T) g�q zt ,y .+ 4 /- i t RECEIVED (TO NAIL� Lp#� ZNI;1':' I'lr.nr � lr 'I'tpr„J.I,tion htr,rlrr,l: I'UIZ'I' NIOT 1R V1' (:I I”R)NO TH ANDOVER CONTkAGl' FQUIT,ull.r IM1,11;l; 0'1111:1tcl p ApoII AN 'g$ 0 COMMONWEALTH OF MASSACHUSET r ESSEX,ss. SUPERIOR COURT d1 CIVIL ACTION r; No. 4. t JOHN MARKEY 0 ............................................................ Plaintiff(s) a FRANK SERIO, JR., AUM FRIZEILE, WALTER SOULS, ANNA d'CONNOR, LOUIS RISSEN as they constitute the Y w Zo .Board..of..A ( ) n�ng• ahs .41ti..ahe Town of,NorthDefendant s C' Andover and WILLIAM J. PATTERSON .t SUMMONS .� To the above named Defendant:DatUeL. Long, Town-Clerk, North Andover 8 � You are hereby summoned and required to serve upon ...C.aliTle W DiAdamo ......... roplaintiffs attorney, whose address is .......40-.Agglet0n..Way..,...ahrrQnCes..MA.01840 , an answer to the complaint which is herewith served upon you, within 20 days after serviceof this summons upon you, exclu- sive of the day of service. If you fail to do so, judbrmcnt 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 CIerk N& of this court at ...................... ......... ......... either before service upon:.plaintiffs attorney or within a reasonable 3 time thereafter. vN Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you r may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. - F o z r G WITNESS,Thomas R. Morse,Jr., Esquire,at Salem,the fourth z day of April in the year of our Lord one thousand Anine hundred and eighty- eight. O H 8 O 0 Clerk 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 be addressed to the particular defendant. SC 15 Form 1 r I i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT No. JOHN MARKEY ) Plaintiff } 'II ) VS. } it FRANK SERIO, JR. , ALFRED ) FRIZELLE, WALTER SOULE, ) it ANNA O' CONNOR, LOUIS ) RISSIN ) As they constitute the ) j Zoning Board of Appeals ) COMPLAINT of the Town of North } Defendants } and WILLIAM J. PATTERSON ) Defendant } INTRODUCTION This is an appeal of a Decision of the Zoning Board of Appeals in the Town of North Andover pursuant to G.L. c. 40A, Sec. 17 . THE PARTIES 1. Plaintiff, John Markey, is a party aggrieved by a Decision of the North Andover Zoning Board of Appeals. He is a resident of 246 Turnpike Street, North Andover, and conducts a chiropractic practice at the same address. 2. The defendant, Frank Serio, Jr. is a member of the North Andover Zoning Board of Appeals and resides at 250 Hillside Road, North Andover, MA. 3. The defendant, Alfred Frizelle is a member of the North Andover Zoning Board of Appeals and resides at 131 Appleton Street, North Andover, MA. 4. The defendant, Walter Soule is a member of the North Andover Zoning Board of Appeals and resides at 70 Raleigh Tavern Lane , North Andover , MA. 5. The defendant, Anna O'Connor is a member of the North Andover Zoning Board of Appeals and resides at 88 Martin Avenue , North Andover, MA. 6. The defendant, Louis Rissin is.. a member of the II i ; North Andover Zoning Board of Appeals and resides at 59 Blueberry Hill Lane, North Andover, MA. 7. The defendant William J. Patterson either resides j at, owns or conducts a businessckt 256 Turnpike Street, North Andover, MA. COUNT ONE 8. On or about December 16 , 1987 , the North Andover Building Inspector issued Permit #453 to the plaintiff. - 9. Thereafter, the plaintiff commenced construction in accordance with said building permit at 246 Turnpike Street, North Andover, MA. 10. Prior to February 9, 1988, the defendant, William J. Patterson, filed an Application with the North Andover Zoning Board of Appeals, alleging that he was aggrieved by the issuance of Building Permit #453 and that said building permit violated Section 9.1 of the North Andover Zoning Bylaw. 11. The North Andover Zoning Board of Appeals held a public hearing on February 9 , 1988 , continued the same to March 8, 1988 and rendered a Decision on March 14, 1988 (a copy of: the Decision is ,attached hereto and marked Exhibit " 1" ) . The Notice of. Decision ,was filed with the North Andover Town Clerk on March 17, 1988 (a copy of the Notice of Decision is attached hereto and marked Exhibit " 2" ) . 12. The North Andover Zoning Board of Appeals found that the Building Permit #453 issued to the plaintiff was in error and should be revoked and directed the Building Inspector to revoke the Building Permit. The Board further found that the plaintiff was required to obtain a special permit for the constructionwhich had already been substantially completed by the plaintiff. 13. The Building Permit issued by the Building Inspector was lawful in all respects and there is no necessity that the plaintiff obtain a special permit from the North Andover Zoning Board of Appeals, i i 14. The Decision .of the North Andover Zoning Board of Appeals exceeded the authority of the Board. t WHEREFORE, plaintiff demands judgment: ( 1) That the Decision of the North Andover Zoning Board of Appeals be annulled; ( 2 ) That the Court adjudicate and declare that Building Permit #453 was lawfully issued and the construction commenced thereunder is lawful and in accordance with the 2 I i ti North Andover Zoning Bylaw; ( 3 ) That the Court grant such further relief as may seem just under the premises. I John Markey j By his attorney, i i I I i i Carmine W. DiA amo 40 Appleton Way Lawrence, MA 01840 ( 6173 685=4271 I i i l • I� j i �I I i I i i i 3 fi ^cl EXHIBIT "I" Y • C�aiv C f it ii Y LI 111 It �JOIJC ? G!n hr the Office of, the Glerlt. 9S54CNd5E' TOWN OF NOR'T'H ANDOVER MASSACHUSETTS BOARD OF APPEALS * Petition If: 117-88 William J. Patterson 256 Turnpike St. DECISLON N. Andover, MA 01845 �c The Board of appeals held a public hearing on February ,9, 19880 continued to March 8 1988 and decision rendered on March 14, "1988 on the application of William J. Pat,�ir requesting a hearing, as a PARTY AWREIVED regarding violation of Section 9.1 by issuance of a building permit at 246 Turnpike Street for construction of sheds. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frize Vice-chairman., Walter Soule, acting Clerk, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on January 21 and January; 28 1988 and all abutters were notified by regular mail. �Zca Upon a motion made by Mr. Frizelle and seconded by Ms. O'Connor the Board voted to GRANT the P.a*-y Aggreived petition as requested, and hereby•authi�irlee& the Building Inspector to REVOKE Building Permit #453 issued to John & Eileen Markey on 12/16/87 . Mr. Serio voted in opposition to this petiti6n. The Board finds that Building Permit 1453 issued to John & Eileen Markey was in erre and should .ba, revoked. The Board further finds that Section 9,1 of the Bylaw requii that a Special Permit be obtained from the Zoning Board of Appeals and that referent of the Ass s;ant Building Inspector, in his fetter of 2/8/88 to the Board of Appeal. Chapter 40A, Section 6 is, not applicable. Dated this 16th day of March, 198..8. BOARD OF APPEALS Frgn , :Serio, Jr. Chaii an /awt EXHIBIT "2" t1011T 6:j4 QAMIF.I_CI.FRK ANG r Illy ` ?j TDWh I1 A•egPr 1 fJu .c,! A i, 1855 NORT11 AMMER in the Uificc v! 1110 Town rs2ciiu �` i8S Clod(, '�.�rv.,� MAR 17 10 24 aM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD QF APPEALS NOTICE OF DECISION William J. Patterson 256 Turnpike St. Date March 16., 1988 N. Andover, MA 01845 ' Petition No.. 117-88. . . . February 9, 1988 Date of Hearing. March 8,, I9$8 Dec>iiion: March 14, 1988 Petition of Wi1114m, Premises affected 2.4.6. .TurnpMe. Atreet. . . . . ... . . . Referring to the above petitionAS .A.PARTX .AGGREIVED w requesting a Public Hearing regarding violation of Section1.1 by issuance ofbuilding peiinie 'dt' 246' Ttitnpik'e 'Street.• so as to permit . .construction. of. additional .shbds. :.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to GRANT . . . . . : the Party Aggreived petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and'hereby,' direct the Building Inspector to kemM REVOKE THE BUILDING PERMIT J453 X4RlC}�4@C. . . . . . . . . . . . . . . . . . . . . . . . . • R ��14X4[��?�4��i �' R7�lg{ �R�CX Building Permit X1453 issued to John & tileen Markey on 12/16/87 was in error and that Building Permit 11453 should be revoked. The Board finds that Section 9.1 of the.Byl'a� requires that a Special Permit be obtained from the Zoning Boardof Alipeals and"that reference of the Assistant Building Inspector, in his letter of 2/$/88, to the Board of Appeals, Chapter 40A, Section 6 is not applicable: Signe Frank erio, Jr. , Chairlianopposed) Alfred Frizel1e, Vice-chairman Walter• 'Soule;' 'acting' Clerk' Anna. o.'.Connor. . . . . . . . . . . . . . . . Louis Rissin /awt . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board at Appeals TYPE OW USE BALL POINT PEN BEAR DOWN FIRMLY MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMEI Essex CIVIL ACTION COVER SHEET --..•, SS. (To be filed with each Complaint) NO. DEFENDANT(S) gggg�� John Markey FRIZELLE, WALJ ERKSOEO'Ar O��UNlaOR, _ LOUIS RISSIi� Zoning �d. of Appeals) and —ATTORNEY(S) (Firm Name,Address,Tel.) '- "1 n� Carmine W. l)iAdamo �.c tel fir Known) 40 Appleton Way Beo #.R e MA 01840 (617) 685-4271`— ` Place an 0 in one box only f ORIGIN Xl 1. F07 Complaint O 4, F04 Dist,Ct.Appeal 0.231,8.87 0.2. F02 Removal to Sup. Cf. c.231, 5.104 0 5. FOS Reacti4aled after Rest: pt;Rollet ❑ 3. F03 Retransfer to Sup,,Ct. c•231,s,102C from judgment/order(Masa.R.Civ.P.80) place an`0 in one box only NATURE OF ACTION CONTRACT REAL PROPERTY ❑ A01 Services, tabor and mateflals LLANIKOUS ('I C01 Land Lakin MISCE Cl A02 Goode sold and delivered g (eminent domain) 1'1 E02 Appeal from administrative agency ❑ A03 Commercial paper 13t CO2 Zgninfl appeal.Cs,1.c.4t1A O.L.c 3oA ❑.A08 Sate or lease of real estate 1.1 003 Dispute concerning title• 41 E03 Action aaggainst Commonwealth or 11 QD4 .Foreclosure of mortgage- Municipality.G.L.c.258 0 A99 Other(specify) ❑ 009 Otlier(specify) ❑ E04 Taxpayer suit,G.L.c.40 s.53 TORT O ED$,, Confirmation of arbitration awsrds, G.L.c.251 O 803 MotorEQUITABLE REMEDIE8vehicle negligence, � •❑ E08' Massachusetts Antitrust Act, ipjury/property damage 0 Dal Spocific performance of contract G.L.c•93 ❑ 804 Other negligence-personal Injury ❑ 002 R hand apply#no* c:214, ❑ E08 Appointment of receiver property damage ss)•(9) 0 E09 General contractor's surety bond, 0 BOS Products liability 0 ops Contllbutton or indemnification I . G.L.c.149,85,29,29a ❑ B06 Malpractica-madfcal 0 D07 imposlllon of trust ❑ E10 Summary proom appeal O B07 Malpractice other ❑ D08 Minoitty stockholoor's suit ❑ Ell Workman's Compensation (specify) n 810 Aunling ❑ E12 Small Claims Appeal ❑ D12 O oldtlon Of partnership 0 E13 Labor Disputa ❑ BOB Wrongful death,G.L. c.229, s.2A O 815 Defamallon (Ilbel-slandarj ❑ D!,13 Dectatalory ludgritent,G.L. c.231A ❑ E14 Chapter 123A Petition—SDP ❑' 899 Other(specify) [3the Dog Or . .20 ❑ E15 Abuse Petition,ML c9A (specify) ❑ E16 Auto Surcharge Appeal ❑ E17 Civil Rights Ac4 G.L.c.12,ss,11H-1 0 E99 Other(spoatfy) SURERIOR COURT RULE 29. Regairement of statement as to money damages to prevent the transfer Of civil actions to District or Municipal-Court Oepartmoltts, 1. Superior Court Rule 29, as amended requires the Statement of money damages on.the reverse side be Completed, 2. Failure to Complete the statement, where appropriate,will result in transfer of this action (Superior Court Ruld 29"(2). t SIGNATURE OF ATTORNEYOF RECORD — --- ti� DATE: 4/4/88 (OFFICE USE ONLY—DO NO7 WRITE BELOW THIS LINE r •- DISPOSITION By: A. Judgment Entered B. No Judgment Entered DATE: ❑ 1. Before Jury trial or non-jury hearing jj 6. Transferred to District Court ❑ 2. During jury trial or non-Jury hearing under G.L.c.231,91020 OISP ENTERED ❑ 3. After jury verdict BY: O 4. After court finding ❑ 5. After post trial motion Disposition date DATE: CLERK'S OFFICE COPY mtc003-07/84 COMMONWEALTH OF MASSACHUSETTS Essex ' SS ; Superior Court Department Statement of Damages Pursuant to Superior Court Rule 29 To Prevent Transfer to District or.Municipal Court Departments ,O 1, 4 (Applicable to Civil Actions) , 1. This action is not subject to:Rule 29 Remand for the following reason(s):,(concise statement as to why this action is not remandable, e.g., party seeking equitable relief.,declaratory judgment, action against commonwealth or municipality,etc.) Plaintiff is seeking equitable relief pursuant td"GA,'':` 'c:''40A,•'''§17 .mt iibb bila 0:i.e 2.' This action is.subject to SuPerior Court Rule 2' and the following detailed statement pursu- ant to,Rtirle 29 sets-forth the facts in fall and itemized detail upon which the plaintiff relies`as constituting the damages in tWsactiono. :x ; . r'.,e;,,'a•w• r,u i#,,3n�i + ((t tort action, for example,;4pecl y doctors' bills, hospital bills, out of pocket`expenses, etc. that would warrant a reasor�iable likelihoodAhlat recovery,will exceed (if contract action, state with particularity damages which would warrant.areasonable likelihood that recovery will excised#500.)- "` 5 {0 - .kl.+x•:' 1011 00. lit#:) (date] ( aig atuire of attoaaey oif ? ' _ ,.,.1 .,.,.,i: . 1:;, IbJ'il •t{N{ G7G7Jw: .f i.. ti r ~ 1 E � • S 0 ti:, rasa TOWN OF NORTH ANDOVER �® 8t MASSACHUSETTS ,�'� RfCE►VED ��, U t` BOARD OF APPEALS p Jp I. LYO14 "CoNORgry TQC Rib October 5, 1977 p J Tt{ paY� b� 0� p4 John F. Markey �2 gZ �Z 246 Turnpike St. Petition No. 15-'77 John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Dear Bir: A public hearing was held by the Board of Appeals on September 19., 1977 upon application of Dr. John, F. Markey who requested variation of Sec. 6.3 and Table 2 of the Zoning By-Law soias to permit a side setback variance as shown on a plan of land dated August 1977 -_1ocated on Turnpike Street. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, C1erk;, James D. Noble, Jr.; and Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle-Tribune on September 3 & 10, 1977 and all abutters were duly notified by regular mail. Dr. Markey appeared for himself and introduced a plan dated August 1977 showing the layout of the lot and house and the proposed 2-car garage. Upon examination, the Board found that the side lot line from which the proposed garage is set back cuts' back across the lot in such a manner so as to make the construction of a garage virtually impossible unless a side setback variance is granted. They further examined the plan and found that the proposed location of the garage is the only viable location on the lot and that any alternate site required acess to it from a 4-land divided highway which would create a traffic hazard. It was noted by Dr. Markey that the neighborhood is a mix of single and 2-family housing, many of the houses with and without garages. He suggested to the Board that the proposed structure would have no adverse effect on the neighborhood and certainly not upon the community in general. Dr. William Patterson, an abutter, appeared in OPPOSITION. Upon examination, it was determined that his property was approximately 20 ft. from the lot line and the pro- posed garage would be approximately 30 ft from his dwelling. The determination was I ~ Dr. John F. Markey Decision -2- made that the intent of the By-Law in an R District was to maintai Y —4 � �0 ft. between dwellings by virtue of 15 ft. setbacks. It was noted that the 30 ft. existed between the proposed structure and Dr. Patterson's dwelling. The Board concluded that the intent of the By-Law was not being violated by this proposed structure. Dr. Markey suggested that, due to the shape of the lot, there is a hardship in building a garage which related only to his lot and not to any of the other lots in his R-4 District. The Board concurred that, due to the manner in which the side line cuts back across the lot the situation was unique. Hardship was found in that Dr. Markey could not adequately house his motor vehicles anywhere else on the lot without incurring sub- stantial risk for his safety and the general safety of the public. Dr. Markey further suggested that in that the front part of his lot had at one point been taken by eminent domain making further imposed hardship upon the future utilization of his remaining lot by further distorting the shape of the lot. Upon a motion duly made and seconded by Messers Joyce and DiFruscio, respectively, the Board unanimously voted to GRANT the variance as requested. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chiarman RRJ:gb �pRTy ya APIIIt�M P. ,S, 1855 • H '4` ►►.�gCHUg'b •rvvv+ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . Oct.ober. 5s. ?.9.7.7. . . . . . . . . Petition No.:15-'77. . . . . . . I . . . . . . . Date of Hearing. . September. 19.,. .1.977 JOHN,Petition of . . . . . . . . .J. . .F. ... . .MARKEY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .246. Turnpike. St... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover .Uning. T�y.-l,aw. . Sac. .6.3. and .Table. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the'.addition .of. an. attached .garage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the Variance and hereby authorize the Building Inspector to issue a permit to John. F.. .Markey . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . for the construction of the above work, based upon the following conditions: Signed Frank. Serio, .Jr..,. .Cha.irman . . . . . . . Alfred E. Frizelle, Vice—Chairman R. Louis DiFruscio, Clerk James D. Noble, Jr. Ralph R. J . . . . . . . . . . . . Board of Appeals S57e/O's'�'"E a V 0 q <5To.�Y .tom •�,� �= � h us o `3'gSe a 'o I C�rfif fi.`nf ffi� v6o✓ems/oma comms/ms`s \��/� L4G:dTEO �irlS y/Ji i-u.Ers o�'i'e�u/vf.�.r of�i�ir aa /•v �cpis/ry of L�racfs Choofcr 3Co , Src'f o.� C �� ooge �]���iO vE�7 ��a9. 6%-wL E. /=� "go/do, /977 ex-e If, /9.77 ma=y .eO OF .4��flLS t J_Cr•+ This,o%s eb�/oi/fpm�ims�/o�ihs p' /-tte77/tis. �}T �3 sb rs AO S D Ar .moo TJ f :: a is iR' f S•r 1"A.w f. w.-. .: r- yr.tn r ze - :x'.:-1�'a'z,$1e—��wai^.•�"4wx^xi'"r�"^`"":> `SmS-. ,' _-�aS�+es...'3v�.,._n�.:�o-.,.vc_.�...;:a:i:�.,,.....L§•e ,Ti-__ � - .... _. - { ANIS LOO ` TOWN l C RK 88410?NT AETH OF MASSACHUSETTS 3.,JO NgWent of the Trial Court Essex, ss. Superior Court No, 96 93 William Patterson vs, John F. Markey, et als -- JUDG11LE T This action came on for trial before the .Court, Cashman., J. presiding, and the issues having been duly heard and findings having been duly rendered, It is Ordered and Adjudged: This Court upholds the decision of the Board.. The,41ain= tiffs petition is Dismissed. Judgment for the defendants without costs. _ r to The Clerk-Magistrate of the Court is dire_otec7 to-maiq i attested copy of this judgment- within thirty ,dayp :from;t'. hereof, to the Town- Clerk, Building Inspector, .Board .of . v and Planning Board, respectively of the Town. of 'North An Dated at Peabody, Massachusetts, this ninth day of January, e s I stant Clerk A I UE COPY, AUUT r A5S'i R!