HomeMy WebLinkAboutETHUN, ALAN ,
T K
t;o ' i ;IER
COMMONWEALTH OF MASSACHUSETTS
FEB 17 12 n Pb X83
ESSEX, SS: SUPERIOR COURT EQUITY
CIVIL ACTION NO.
ALA& ETHUN,
PLAINTIFF
*
VS.
*
TOWN OF NORTH ANDOVER ZONING * COMPLAINT•
BOARD OF APPEALS, FRANK SERIO,Jr. ,
RICHARD J. TREPANIER, RAYMOND A. * UNDER M.G.L.A. CH. 40A, Sec. 17
VIVENZI09 WALTER F. SOULE, AND
MAURICE S. FOULDS, MEMBERS, AND
CHARLES FOSTER, BUILDING INSPECTOR
The applicant invokes the provisions of Massachusetts General Laws,
Chapter 40A, Section 17 and respectfully represents as follows:
1. That the petitioner is Alan Ethun of 9 Rock Road, North Andover,
Essex Countv, Massachusetts and is agrieved by a decision of the
Town of North Andover Zoning Board of Appeals and herein files
this appeal.
2. The respondents are the Town of North Andover Zoning Board of Appeals,
Town Hall, North Andover, Essex County, Massachusetts, and Frank
Serio, Jr. , Richard J. Trepanier, Raymond A. Vivenzio, Walter -F. Soule,
Manriee S. Foulds, Members, all of North Andover, Essex County, Massa-
chusetts, and Charles Foster, Building Inspector for the Town of Aorth
Andover, of north Andover, who made the decision on the petition herein
after referred to (see attached, Exhibit A) from which decision this
appeal is taken.
3. Your petitioner filed a petition seekinga review of the decision made
by the Building Inspector asking the Building Inspecior' to correct,
restrain and disallow the use of a residence as a dental office under
the provisions of Sec. 4. 122(4) of the North Andover Zoning By-Laws
concerning the use by Dr. Robert Franz of a dwelling at 9 Rock Road,
North Andover as a dental office.
4. The respondent Zoning Board of Appeals after publication and duc notice
sent to abutters and parties interested, held a public hearing on
January 10, 1983 and that arguments were presented by the proponents
and objectors to the petition.
5. At the conclusion of the meeting, the respondent Zoning Board of Appeals
took under advisement your petitioner's petition for review. Thereafter
by decision dated January 28, 1983 and received by the Town Clerk for the
Town of North Andover on January 31, 1983, the respondents denied your
petitioner's request.
j 1
6. The decision of the respondents Zoning Board of Appeals made no specific
findings of fact but rather reviewed the testimony of various parties
including the arguments of counsel and upon Motion made and seconded by
members of the Zoning Board of Appeals, voted to deny the request that
the decision of the Building Inspector be revoked and the permit granted
annuled.
7. Your petitioner urges that the failure of the respondent Zoning Board of
Appeals make specific findings of fact precluded them from making the
ultimate decision that the decision of the Building Inspector with regard
to the issuance of a permit should not have been revoked.
8. Your petitioner further states that the decision of the respondent
Zoning Board of Appeals refusing to reverse the Building Inspector's
decision and annul the permit exceeded the power of the Zoning Board
of Appeals in that it was arbitrary and capricious and not in accordance
with the criteria set forth in the Zoning By-Laws and State Statute.
9. That the respondent Board did not take into consideration the particular
circumstances attendant to the petitioner's request nor did the Board
take into consideration the specific requirements of the Zoning By-Laws
in the alleged violations thereof.
WHEREFORE your Petitioner prays:
1. That the findings and rulings of the respondent Zoning Board of Appeals
for the Town of North Andover refusing to reverse the Building Inspector'
Decision and annul the permit be set aside.
2. That the decision of the Building Inspector relative to the granting of
the permit as set forth in the petition and decision be reversed and the
permit annuled.
3. And for such further and other rel of t t this Court ay meet and
just.
Alan Eth ,
By His ttorne
Michael James orahm
R9 Main Str
North Andover, MA 01845
Tel. 689-0800
I
i
• I
• Any appeal shall be filed
Nom , within (20) days after the
3:��,,►�,,'; date of filing of this Notice
CO. t in the Office of the Town
DAB: ON : •� �sss : �r Clerk.
s $ys.4• gi{
NOROT iq . ,� OVER �'':;:�
Jaid ! Pm '83 TOWN
MASSACHUUSSETTSovER
BOARD OF APPEALS
NOTICE OF DECISION
Date . . .January. 2$,. ,198.3_ . . ,
petition No.. . . .3-.1.8.3. . . . . . . . . . . .
Date of Hearing. .JanuP,Zy. 104. :1983
Petition of . . . ALAN ETHUN ANi). WILLIAM .LE.SjER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
premises affected . . .9 . Ro clk .Road. ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a sriaiaat Vie: . review. of. a .
decision made by the Building Inspector and appropriate :action .to .
correct, restrain, and disallow the use of a residence as a dental office
saxau>pexj& , in. acco.xdance. .wi.th-Section. A., l?,2 ._(.4) . .of. .the .No.rth -Andover
Zoning By Law.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . DENY . . . the
request of the petitionersxtL �s� tdi2sg �c#ocalgsmscs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fc� rl�ia�a�# stl ����� �aaad��c
Signed
Frank Serio, Jr. , Chairman
Richard J. Trepanier, Esg . , Clerk
Raymond A. Viyenzio,. .Esg. . . . .
Walter F..
Soule
Maurice_ S. Foulds. . . . . . . . . . . . . . . . .
Board of Appeals
` Any appeal shall be filed
°f NonrH within (20) days after the
date of filing of this Notice
D A '' < <. r in the Office of the Town
Clerk. -
JAN 31
1 tg
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 28 , 1983
Alan Ethun and
William Lever
Premises Affected:
9 Rock Road
Petition No. 3-' 83
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass . 01845
Dear Mr. Long:
The Board. of Appeals held a public hearing on Monday evening,
January 10 , 1983 upon the application of Alan Ethun and. William
Lever. The hearing was advertised in the North Andover Citizen
on December 23 and 30 , 1982 , and all abutters were notified by
regular mail. The following members were present at the public
hearing: Frank Serio, Jr. , Chairmans Richard J. Trepanier, Esq. ,
Clerk; Raymond A. Vivenzio, Esq. ; Walter F. Soule.; and Maurice S .
Foulds .
The Board rendered their decision at a Special Meeting held on
Tuesday evening, January 18, 1983 with members Serio, Trepanier,
Vivenzio, Soule , and Foulds again present and voting.
The petitioners seek a review of a decision made by the Building
Inspector and appropriate action to correct, restrain, and disallow
the use of a residence as a dental office in accordance with Section
4. 122 (4) of the zoning By Law on the premises located at 9 Rock Rd,
The petitioners, along with several residents of Rock Road, Tolland
Road, Berkeley Road, and Foss Road, being the Trafalgar Estates Sub-
division, testified that on or about November 4, 1982 , several resi-
dents of the subdivision and the town submitted a complaint to the
Building Inspector and requested that the use of 9 Rock Road as a
dental office be investigated. by his department. The Building In-
spector's reply to this request, dated November 17 , 1982 , stated
that, following an investigation of the premises , he found no
violation of the Zoning By Law.
Alan Ethun and William Lever REC IM
Premises Affected: 9 Rock Road TO[1'aYW WNCLEtdG
. ERK
Petition No. 3-183 NORTH Ahr,,OVER
January 28 1983 e
,Page 2 JAN 31 1 52 PA '8
The petitioners further testified that the following violations
exist at 9 Rock Road. that the owner of the premises , Dr. Robert
Franz, is not residing on the premises ; that the home occupation
is exceeding the allowable twenty five percent (25%) of existing
gross floor area of the dwelling; that the use is detrimental to
the neighborhood due to increased traffic and the fact that the
dentist treats inmates of a local correctional facility; and that
the signs located on the premises are not in accordance with the
Zoning By Law.
Attorney John Cronin, representing Dr. Franz , presented evidence
;and testified that Dr. Franz does , in fact, reside at 9 Rock Road;
that the amount of square footage used for the home occupation does
not violate the Zoning By Lavey, that the sign located on the premises
is , in fact, smaller than that allowed by the Zoning By Law; and
that the use of 9 Rock Road as a home occupation is in no way detri-
mental to the neighborhood due partlyto the fact that the property
in question as well as the entire subdivision is located near the
intersection of two highways .
Mr. Charles Foster, Building Inspector, testified that he has in-
spected the premises on a number of occasions and has determined
that no violation to the Zoning By Law exists at 9 Rock Road.
A motion was made by Mr. Vivenzio and seconded by Mr. Trepanier to
reverse the Building Inspector's decision and annul the permit. The
motion failed to carry, with members Vivenzio and Trepanier voting
in favor of the motion and members Serio, Soule and Foulds voting
in opposition.
Therefore, the petition is denied, pursuant to M.G.L. Chapter 40-A
and the Zoning By Law of the Town of North Andover, Section 10 , Para-
graph 10 . 4 (2) .
Sincerely ,
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
FS/jw
cc Petitioners
Dr. Robert Franz
Building Inspector
Parties in Interest
NDN Any appeal shall be filed
f r „ d;.••• ••:!, within (20) Y
da S after the
date of filing of this Notice
In the Office of. the Town
JOVER
c Clerk. -�--
U6 I 0 B TOWN OF NORTH ANDOVER
MASSACHUSLY e
BOARD OF APPEALS
NOTICE OF DECISION
Date August 16 , 1983
Petition No.. . . .5 2.- ' 8.3 . . . . . . . . . .
Date of Hearing. . . A U 9.0 s t: ,8,,, .1 q 8 3
Petition of . . . . . . ALAN . ANQ.AQMR! G. .GTAVN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . .8 . R.o c k. .R o.a d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . :?o R i.n 9. .B Y. .L a w
5ect.i.on 7 ,. Par . 7 . 3 and Table 2
soastopermit . relief from the rear setback requirement to allow the
continued existence of a deck
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .
After a public hearing given on the above date, the Board of Appeals voted ism x x x x x x x x x
t:hat. .a. .var.i.an.ca. .i.s. .not. . . . .x=*ha abW awAdfitm xBtWdftxh%j4dt%*xibc1&")W
n.eee.ssA.ry. sin.ge, .tbp. .dp.ck„i.s. .not .wi.thi.n . 3.O '. .of. .the. .re.ar_ .lot line .
*ix tbe)=astru twK n1k the*bnwecw*%*x blas”xponcths*otll wh*x*ndd1=:
Signed
frank .Serio , Chaffrman
Alfred. . .E_.. Frizelle, Esq . , Vice Chairman
Richard. J . Tre.pani.er.,.. Esq .., . Cl.erk
WJ.M i am. J . , Su1.l.i van. . . . . . . .
Augus.tin.e . W., . N.i. ok.ers.on. . . . . . . . . .
Board of Appeals
Any appeal shell be filed
"°"',,� within (20) days after the
0 ' i' " •'� °° date of filing of this Notice
T, ;{l�
Ntt .� vs r in the Office of the Town
; ,.: • Clerk.
A04 13 1 10 FM '83
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
August 16 , 1983
Mr . Daniel Long , Town Clerk Alan Ethun
Town Office Building 8 Rock Road
North Andover, Mass . Petiti"on No. 52- '83
Dear Mr . Long :
The Board of Appeals held a public hearing on Monday evening ,
August 8 , 1983 upon the application of Alan and Bonnie Ethun ..
The hearing was advertised in the Lawrence Eagle Tribune on
July 23 and 30 , 1983 and all abutters were notified by regular
mail . The following members were present and voting: Frank
Serio , Jr . , Chairman; Alfred E. Frizelle , Esq . , Vice Chairman ;
Richard J. Trepanier ,- Esq. , Clerk ; William J . Sullivan ; and
Augustine W. Nickerson :
The petitioner seeks a variance from the provisions of Section 7 ,
Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit
relief from the rear setback requirement to allow the continued
existence of a deck on premises located at 8 -Rock Road .
The petitioner ' s counsel testified that a recent plot pian was
required for the conveyance of the premises which revealed the
violation. There is a deck (porch ) which , in the opinion of
the surveyor, is 23 feet from the ;rearcproperty line .
Further testimony from the Building Inspector revealed that , in
his opinion , the deck is not in violation of the Zoning By Law
since the lot in question is triangular in shape and he deter-
mined
etermi ed that the 30 foot rear lot line setback does not apply , since
his interpretation of a rear lot line is the line opposite the
front line . He did , therefore , determine that the line of the
lot on which the deck is placed is a side line , which requires
only a 15 foot setback.
Upon a motion made by Mr. Frizelle and seconded by Mr. Trepanier ,
the Board voted -unanimously that no variance is necessary since
the deck is not within 30 feet of the rear lot line as interpreted
by the BuildingInspector .
Sincerely,
Frank Serio , Jr . ,
Chairman
iw
MICHAEL JAMES GORHAM
Attorney admitted to practice in Mass. and N.H.
Marh 4, 1983
Clerk
, Town of North Andover
Zoning Board of Appeals
Frank Serio, Jr.
Richard J. Trepanier, Raymond A. Vivenzio,
Walter F. Soule, and Maurice S. Foulds
and Members and
Charles Foster, Building Inspector;
Daniel Long, Town Clerk, Town of North Andover
Take notice that the enclosed Complaint has been filed
with the Essex County Superior Court on February 17,
1983 and your attention is directed to MGLA Ch. 40A,
S. 17 with respect to your obligations to respond to
said Complaint.
This notice is sent to you as required by law.
Very truly yours,
Michael James Gorham
MJG/fnr
N.H.Office: 1 Main Street • Hampstead,N.H. • (603)329-M
Mass.Office:89 Main Street • North Andover,Ma. • (617)689-0800
Mailing address: P.O. Box.168 Hampstead,N.H.03841
DAN!E!, ANG
TCS' : !_RK
NOR3kt ;'t jOVER
COMMONWEALTH OF MASSACHUSETTS
FEB 17 92 39 M '83
ESSEX, SS: SUPERIOR COURT EQUITY
CIVIL ACTION NO.
ALM ETHUN,
PLAINTIFF
V�.
*
TOWN OF NORTH ANDOVER ZONING * COMPLAINT
BOARD OF APPEALS, FRANK SERIO,,Jr. ,
RICHARD J. TREPANIER, RAYMOND A. * UNDER M.G.L.A. CH. 40A0 Sec. 17
VIVENZIO, WALTER F. SOULE, AND
MIAURICE S. FOULDS, MEMBERS, AND
CHARLES FOSTER, BUILDING INSPECTOR
The applicant invokes the provisions of Massachusetts General Laws,
Chapter 40A, Section 17 and respectfully represents as follows:
1. That the petitioner is Alan Ethun of 9 Rock Road, North Andover,
Essex County, Massachusetts and is agrieved by a decision of the
Town of North Andover Zoning Board of Appeals and herein files
this appeal.
2. The respondents are the Town of North Andover Zoning Board of Appeals,
Town H 1l, North Ando%vzr Essex Count,-, ",assachusetts, and Frank
Serio, Jr. , Richard J. Tepanier, Raymond A. Vivenzio, Walter F. Soule,
Mauric S. Goulds, Membe s, all of i4orth Andover, Essex County, Plassa-
chuset s, and Charles Foster, Building Inspector for the Town or Jorth
Andove of 1Qorth Andover, who made the decision on the petition herein
after eferred to (see attached, Exhibit A) from which deeision this
appeal is taken.
3. Your p titioner filed a petition seeking a review of the decision made
by- the Building Inspector asking the Building Inspector to correct,
restrain and disallow the use of a residence as a dental office under
the pr visions of Sec. 4.122(4) of the North Andover Zoning By-Laws
concer ing the use by Dr. Robert Franz of a'dwelling at 9 Rock Road,
North dover as a dental office.
4. Thu r pondent Zoning Board of Appeals after publication and due notice
sent to abutters and parties interested, held a public hearing on
January 10, 1983 and that arguments were presented by the proponents
and objectors to the petition.
5. At the conclusion of the meeting, the respondent Zoning Board of Appeals
took under advisemeac your petitioner's petition for review. Thereafter j
by� decision dated January 28, 1983 and received by the Town Clerk for the
Town of North Andover on January 31, 1983, the respondents denied your
petitioner's request.
Y
6.' The decision of the respondents Zoning Board of Appeals made no specific
findings of fact but ro-'�er reviewed the testimony of various parties
including the arguments of counsel and upon Motion made and seconded by
members of the Zoning Bcard of Appeals, voted to deny the request that
the decision of the Building Inspector be revoked and the permit granted
annuled.
7. Your petitioner urges that the failure of the respondent Zoning Board of
Appeals make specific f tidings of fact pregluded them from mil.ing the
I ultimate decision that the decision of the Building Inspector with regard
to the issuance of a permit should not have been revoked.
8. Your petitioner further states that the decision of the respondent
Zoning Board of Appeals refusing to reverse the Building Inspector's
decision and annul the permit exceeded the power of the Zoning .Board
of Appeals in that .it was arbitrary and capricious and not in accordance
with the criteria set forth in the Zoning By-Laws and State Statute.
9. That the respondent Board did not take into consideration the particular
circumstances attendant to the petitioner's request nor did the Board
take into consideration the specific requirements of the Zoning By-Laws
in the alleged violations thereof. .
WHEREFORE your Petitioner prays:
1. That the findings and rulings of the respondent Zoning Board of Appeals
for the Town of North Andover refusing to reverse the Building Inspector'
Decision and annul the permit be set aside.
2. That the decision of the Building Inspector relative to the granting of
the permit as set forth in the petition and iecision be reversed and the
permit annuled.
3.i And for such further and other rel tof 91st this Court ay meet and
just.
Alan Et:h ,
By His attorne
Michael James orahm
89 Main Str
North Andover, MA 01845
Tel. 689-0800
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