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HomeMy WebLinkAboutFILETTI, JOSEPH COMMONW ALTS OF To Nicholas P. Nicetta, James Barman, Robert L. Gilman, and John Osgood, J•. $mss Howard d ai Assex, Coeanonwealth of Massachusettsoand members�of and of constitute the North Andover Planning Board; ,Bose Filetti and Joseph R. Filetti, both of said North Andov .Ess er In a Essex, and said Conmonwe-&Ith Af Massachusetts; Town of North of Andover, a municipal corporation having a regular place of business in said North 'Andover, in said County of Essex and said Coerou Of Massachusetts; and Martin J, Lawlor, Sr., a resident of +Ntalt>s MassaAndover, s Bn�iiity�nof Bnssex, Commonwealth of I�rrtb f�rsar $ ,'a sui in gn y brReen get dTown of Nur a ;er-GPJM Court, within and for the County ga mstyon in pe Sergi, Rose Sergi, Ernest L. i b3' Helen Stevens Coolidge, Louis Messina, Bertrand T. Muller, D rothp K, 1+1uI11eren g�Geo_rgenH.IIGiDomenic ian, Alfred OePuaeo, and Emilia DeFnseo, all of said North Andover, in said County of Essex, and is said Commonwealth of Massachusetts,; qmd Josephine Messina, of said North Andover, in said County of Bssex, and in said Commonwealth of k. &ssachusetts; WE COMMAND YOU, if you intend to make any defense, that on the first Monday of September next, which day is the return day of this subpoena, or witbla such further time as the law allows, you do cause your written appearance to he entered and your written answer or other lawful pleading to be filed in the office of the clerk of said court at Salem, in said County first above named, and farther that you defend agaiart sneh suit according to law, if you intend to mate any defense, and that you do and receive what the court shall order, adjudge and decree therein. ..µ_ 1lEIereof,fail not,.at your peril, as otherwise said suit may be adjudged, and orders and decrees entered therein, in your absence. WE ALSO NOTIFY YOU that application has been made is said snit, as appears in the bill of complaint filed therein, for a preliminary injunction and that a hearing upon such application will be held at the court house at Boston in the county of Suffolkin the first session without jury of our said court, onAe fifth ' day of August , A. D. 1957 , at 10 o'clock, A. M., at which you may appear and show cause why such a�p lication should not be granted. 1' m t � , Chief justice of'our Superior UAL Court, the twenty-ninth day of July in the year of our Lord one thousand nine hundred and fifty-seven. N9 45 *4"w i ss e' Yee llldi �o�liige, •t ai Too I r 3erth AmLeTer Planning Boards and NOTI X UPON APPLICATION 701 g=Lixxwy xaew OCTIONO ?earl B xeliff, Woolworth Bldg. aeatody, Mon. COMMONWEALTH OF MASSACHUSE`178. EssnX, ss. To Nicholas P. Nicetta, James Bannan, Robert J. Barite , Howard L. Gilman and Jahn Osgood, all of North Andover, County of Essex, Commonwealth of Massachusetts and members of and constitute the North Andover Planning Board; Rose Filetti and Joseph �.. n. ale t.,t ' both of said North Andover, in said County of Essex, and said Commonwealth of Massachusetts; Town of North Andovert �,. ritun.ic.i.zlal corporation having a regular place of business in said Nc+ rth Andover, .in said County of Essex and said Commonwealth of Massachusetts; and Martin J. Lawlor, Sr. , a resident of said North Andover , said County of. Essex, Commonwealth of t C I'lassa t.fs, '3clildin In ,ector pf saidn. .T,1wof. Nor-44 Andover-GREETING; WRRVRUSI a sulC in e jetty 4as been begun against you in our upertor Court, within and for the County of Essex, by Helen Stevens Coolidge, Louis Sergi, Rose Sergi , Ernest L. Wilkinson, iielen K. Wilkinson, Domenic Messina., Hertrand `l'. Muller, Dorothy 1.. Muller, C,eorge 11. Giragosian, Alfred DePusco, and Emilia De Fusco, all of said North Andover, -n said County of Essex, and rn sai ,,! Co nwezltli of Massachusetts; and Josephine Messina, of said North An,:over , in said County of Lsse,., -LL nfl in s., id Commonwealth of Mas<-achusetts; WF, COMNf AND YOU, if you intend to make any defense, that on the first Monday of September next, which day is the return day of this subprena, or within such further time as the law allows, you do carse your written. appearance to be entered and your written answer or other lawful pleading to be filed in the office cd the clerk of said court at Salem, if] said coapty first alxive named, and further that you defend against such suit aceordjng to lain, if you intend to make any defense, and that you do and receive what the court shall curler, adjudge and decree therein. Hereof fait root, at your peril, as otherwise said snit may be adjudged, and orders and decrees ewl-red therein, in your absence. tA'E, ALSO jNOTIFY YOU that application has been madc in said suit, as , appeals ill the hill of complaint filed therein, for a preFaiinary injunction 2.1141 that ,k hcar,rg upon such application will be held at the court hoose at ?3ostorl in the coFiuty of Suf "olk in the rir5t sessi013 without jury of our said court, nil the fifth ' �k, A. di., at which you d-�y of A;�s�t3: t .k. D. ]95"7 , at 10 o cicx . .4 ruay� ap ar a_,3ci sl.;�s. ; .use why such application should not be granted. fAII1, (` R7 ION \,V ITN fC i lZ4tbl Chief Justice 4 our Superior =AL _court, the twenty-ninVl day of July in the year of our Lord one thousand z3ine hundred and fifty-seven. a time copy attests CLERK 3101mty Gbarif f_ le. 114.26 8eelidse, at al To Nort isrer Plaenitg 7tWri, �oaw► 80TI= MVIF APPLICATION Bait PERLIMIART IN VICTION Pearl do Sclif€ Woolworth 31d6. Peabody, V&se. p TOWN OF NORTH ANDOVER MASSACHUSETTS �yORTy'y ' +fi A►111L7�. ib� ACHU9 July 9, 1957 Joha J. Lyons, Tonna Clerk Town Building North Andover, Maass. Doar Sir: After a duly advertised Public Hearing"hold an Monday Nveningo June 3s 1957, the Planning Board of North Andover unonimenoly Yom that the petition of Joseph E. Filetti for a Motel on Chickering Road be GRANTUe The Tom Meeting of Jmae 300 1956,baviag adopted the BY-Law pora3,tting Motels in all Zoning Areas and the petitioner meeting an tloa require- ments set forth by our adopted By-fav, therefore the Planning Beard finds no reason, to deny the petition. i Three members of the Board were present and voted on the above petities. All abutters were notified of the Bearing and also of the decision of the Beard. Sincerely, PLANNING BOARD OF NORTH AXDOVZR koholas F. Nicetta Ohairms Joha Osgood Jame Ham Robert J. Burke Howard L. Gimes r i ad I� r �W $. standards and regqnirs"'ats rot forth In seetions 4#61# 4.54 and 4*65 of the 1956 Zonis Bylaw vbieh ars a b-ere visite to the issue a building it be" t q e of �►sra► een not. plo&se rater to out *ppeal, dated dy 240 1967 t" the P nail; Boarits, notion on the wells suh$eete very truly yours, Won Btevrns Coolidge Louis Sergi Rose Sergi Imut L. Wilkie v a W n, to liilkiasctu DOWnIO 114seiVA Josephine Messixsr Bertraud To ftiler Wrathy t.I Muller Ceo Giragomian Altrrd Defuse o Bkilia Depusoo By the it Attormy o-; John A1. VAIff Oeertii' ekd Mail July gbr 19$7, >�i*bolas x. iFM.e*ttt� Qhair�sts ~"' The North Andover Pluming Beard 146 iliflin Drive $forth And*V*rtr Was#sehus*tte p*nry E. Land. Chairman The North Andover Board of App*ols is Prescott tv"t North Andov*tt Marssaohosetts I �John J# Lyons, Town C1ork ilOrth Andovars Naseschusetts not ' P*titime of josol4it t: Fi;letti for * not*l on dblolc*r16g 11006 granted by Decision of the PIUM1,wg Board films with Town Clorb Juljr los 193 Gsn tl*aon t In s000rdono* with the provisions of A. L. (Thar« 540 C* 140A* s*o. 13, 15. and :16v we 01010 to be persons 4196rie"04 by the *bavo d*s*ribed decision and harsby appo*1 oe the Board of Appeals for an approprist* review of this matter and for of hearing of our pppoaal. The girou"s at this ep"al *r*t 1. Tho* Planning Board had no power to grout • p*tit-401s f.. for a motel pormlt %# Lt (Ter* 74' ) C* h"S seae ha and 15 confers oxolatsire original juris"otion *n the Board of Appeelo for the issuance of such a rpao1*1 permit* aeotl'M b:3 of the 1956 Zoning Bylaw oonfliets vrith the, onabli"s *tot-*** and to the extent et: sveb oonfliert 14' '004114. r. The 'decision of ' the Planning Board was a nullity because th* hoard *09%mod a ,yrisdiction it 'did not hare. 3• The granting of the petition was not in accordance with the standards tnd roquirements- set forth in, sections �►r I. ►.se, and 4*35 of the 1956 Toning bylaw. Inasauoh. ss the Zoning Bylaw suekos no oxpross provision for an' appeal from the Planning Board to the Board of Appeals$ and because #ha►re is unoertainty as to whether or not there can be reed; into G*L, {'Ter. &!. ) C. ` 4*A section 139 15 sn4 ' 16 the porar of & 'Board ofAppeals to bear and aid awry a3rp+tel such as this ( Bto Qalabuf&1O 'vs* board of Appeal of the Olt' Of newton, 1937 Sutprem• Judicial Court Advance Sheets, Page 861« ) we are commencing appropriate procoodings forthwith in Essex Superior Court to protect our rights in the event !fit should eventually be adsudiostad that the Booed of Appeals has no power to dealldo this oppool. very truly yours 114103% Stevens Coolidge Lou s Sergi Ross Sergi.. E rnest L. Wilkinson gelon 1[. Wilkinson Doraarlo .Drseeina - Josephine Bessina Bortrraud T 'Mluller Dorothy ss Ballor George ff. Giregosian, Alfred DoTusoo Rmilio Dafdooe i By their Attorney, oe John A. rDif .......,...... PEARL & MCNIFF WOOLWORTH BLDG. PEABODY, MASSACHUSETTS 3 _ 1IFIED M ` v John J. Lyons, Torn Clerk North Andovers Massachusetts i O�•IiORTygy p;. 0 ' •F. ArxuM .S •y�CxU9�' • R TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 18, 1965 John J. Lyons, Town Clerk Dear Sirs The following petition was Beard at a meeting of the Board of Appeals on Monday evoening, January 17., 1965 at the Tow. Office Building. Members present and voting worst Daniel T. OeLeary, Chairman; William. Morten, Secretary; Henry E. Land, Doha J. Shields and Arthur Drummond, JOSNPH FxLWTI requested a variation of See. 7, Para. 7.3 of the Zoning Dy-Uw so as to permit them extension of the building at 91* Main Street to provide additional kit©hen space an the premises, located at the south side of Dain Street; approx. 25 foot distant from thalcorner of First Street and known as No.%* Main Street. This public hearing vas advertised in the Eagle Tribune on December 28, 1964 and US- vary 4, 1965. All abutters were duly notified by certified mail of this hearing. Mr. Filetti appeared as and for the petitioner. The petitioner stipulated to the Board that his desire was to add am addition of 20%20 ft. to an existing building new used as a restaurant on Dain Street, an area zoned for General. Business; and that the granting of this petition would allow as up-grading of the present restaurant facilities with particular emphasis to a more adequate compliance with the various applicable regula- tions of the Town of North Andover in connection with the present use of the existing building. That the non-conforming set-baeks as currently required under the present Zoning Law is totally inconsistent with the various properties in the Immediate meigk- borheed but that the addition would create a greater set-back than the present existing building now provides. There were no objectors to the petition. Upon motion of Board member Land, seconded by Board member Darton, it was voted to approve the petition for the following reasensa a. That the property under discussion is currently utilised as a restaurant serving many inhabitants of North Andover and beat the proposed addition would create a more desirable expanded atmosphere and have greater compliance with the applicable regi lations governing the end use of the existing building. Cosa. page 2. ��yORTy9 1885 6 APRiLM aciiu5 .� �tTT06 VVI TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2- awry 3.89 1965 b. That the side yard set-leeks are not inconsistent v th these mm existing by nary properties in the immediate neighborhood and area. 0. That to deny the petition would result in severe financial hardship to the petitioner sad restriet the tap-grading and use of the present building in serving the citizens of North Andover, d. That the granting of this petition vin not be An derogation to the iYawdiate. neighborhood. V er y traly yowsv DORM OF APPBAM »Snisl T. fl�Leary, d Jdssad 9 � w v- <H: Mm1 7r+ ►►wtwR TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . sx a?7.1$r . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing.a T.ur. X963 Petition of. . 4840.nlotti. . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected.tba. oorath.side. of-maia. Street, . Street:. . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . .Iforth r6edovpr, . -fav. . . . . . . . . . . . . . . . . . . . . so as to permit. .t4p, eztrafigg. of 00.Wl.ding .to.provide.additional kitsien, apace' 1. . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . 9Rl1ZaT. . . . . .the vari?.n . . . . . . . . . . . . . . . . . . . . .and hereby authorize the Building Inspector to issue a permit to. . . .a00,61* ftlott3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signe II 2 aniel . 0 LS Esary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . . . . . . . . . . . . . . . . Board of Appeals off.•"....,Yyb (.� APRIL7M i}0 sc •� 1855 ;q•. CHU9F' � rr'rrvv''"s TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 13, 1964 John Ji. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, November 9, 1964 at the Town Office Building. Members present and voting wares Daniel T. OtLeary, Chairman; William Morton, Secretary; Henry F. Lund, Arthur Drummond and John J. Shields. JOSSPH FILFTTI requested a variation of See. 7, Para. 7.3 of the Zoning By-Law so as to permit the addition of a one story building to the existing building to be used for mercantile and office space on the premises, located at the south side of First Street, running from the corner of Main & First Streets, 195 feet along First Street and known as #91 Main Street, North Andover. s This public hearing was advertised in the Eagle-Tribune on October 26 and November 2, 1961. All abutters were duly notified by certified mail of this hearing. There were several, abutters present. There was no opposition to the petition. Mr. Wentworth, 25 Saunders Street was recorded in favor. Mr. Filetti appeared on his own behalf. Mr. Drummond made a motion to GRANT the variance subject to off-street parking, beauti- fication, etc. Mr. Lund seconded the motion and the vote was unani#ous. The subject premise is a parcel of land with the total area of 161,672 plus sq. feet, bound on the southwesterly side of %in Street 55.15 feet and on the northwesterly side of First Street 195.93 feet. The petitioner appeared before the Board and discussed the projected plans on an ex- tension to an existing structure which is southwest of a 12-ft. passageway and shown on a plan of land in North Andover dated October, 1964, Brasseur Associates, Land Surveyors. The Board finds that the subject premises are located in an area zoned for General Business, which is provided as being 250 feet southwesterly from the center of Main Street, that the land in question is within said General Business zone. There were no objectors to the petition or others in favor of the petition to appear before the Board. It is proposed to add four stores, fronting on First Street, having a total of 60 feet with a variable depth up to 29 feet more or less, with a b foot setback from the First Street front line which is in conformity with the abutting structures. (cont. page 2) Y 1J4y, 4NoRryq ��•�pRPOR9T •q 't ACHU�✓' 4� ►rrwr* � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2 November 13, 1964 The Board, in its deliberations, note that if a variance is not granted, that the best end-use of subject land would be denied and the town as well as the applicant would suffer hardship. Within the plan sulni.tted, the Board sees no derogation to abatting properties or to existing neighborhood influences, but to the contrary, would be a definite up-grading in the appearance of the downtown business sections. The petitioner agrees in the acceptance of this decision, to hot top that area between the two buildings now existing and fronting on Main Street and the building to be altered to provide four stores, for-".,the purpose of off-street parking, and that this hot-top shall extend from First Street to the property now owned by Norwood. In addition, the petitioner further agrees to install living shrubs on each and of the proposed store section for screening and beautification purposes. The Board recognises that in the granting of this variance , that a general up-grading of the property will enhance the appearance of the existing structures and is a definite asset in the improvement of the area. Very truly yours, BOARD OF APPEALS el T. IIiLearY, Ohs — ,JJS.ad �Cej�G i too MRILTry it7} �yCHU'� V TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .Nop®plber.7,3,. 1%4. . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. .$ovmber.9,. 1964 Petition of. . . Joseph.PUAtti. . . . . I . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected. . . 91. )kin.Street; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . ._ . . North I Andover Zoning By Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . . 'the. addition. of_a-one. story. .bbuildipg to.the. .axisting. building. tck be used for mercantile and office . . . . . . . . . . . . . . . . . . . . .space .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . GUNT. . . . . .the . . . . . . . . . . Variance, . . . . . . . . . . . . . . . . . . . .and hereby authorize the Building Inspector to issue a permit to. . . Joseph,I�3.G#4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signe el T. 0!Leary,, Chairwsn. . . . . . . W311is�m Mortpa,. �secrQ�t�ry►. . . . . . . . . x®oty. >j.. .hm�d. . . . . . . . . . . . . . . . . . . . . Arthur. I)rtvmmond. . . . . . . . . . . . . . . . . . . . John J Shields Board of Appeals �. BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS May 25, 1959 Xr. John J. Lyons, Town Clerk North Andover, Massachusetts Pear Mr. Lyons: The application of Rose Filetti for a license to operate a 36 unit motel at 209 Chickering Road, North Andover, Massachusetts, was heard at a Public Hearing of the Board of Healthy on Monday April 27, 1959, at 8:00 PM in the Town Building. Members Present: Julius Kay, M.D., Chairman and R. George Caron. Attorney Michael Stella appeared for the petitioner. No one appeared in opposition. After the hearing, the Board took the matter under advisement. On May 25, 1959, upon motion duly made and seconded it was unanimously voted the license be granted, setting forth a provision that all requirements and regulations be fulfilled. Yours very truly, BOARD OF HEALTH 7- . ., CC Rose Filetti M � BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS NOTICE OF DECISION Date may 253 1959 Date of Hearing April 27, 1959 Petition of: Rose Filetti Premises affected: 209 Chickering Road Referring to the abovellapplication for a license to operate a motel. After a Public Hearing gi4en on the above date, 4he Board of Health voted to approve the application and hereby authorize their agent to issue a license to Rose Filetti, based upon the following conditions: All requirements of tZoning By Laws, Building Codes, Fire Laws and Health Regulations are fulfilled. Midi rman Z Board of Health r 00APRIL Pe RTy * • r 1855 H TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 11, 1959 John J. Lyons, Town Clerk Town Building North Andover, Nass, Dear Sir : The petition of Rose Filetti for permission to build a 36 unit motel at 209 Chickering Road, North Andover, Mass. , was heard at a Public Hearing of the Board of Appeals on P:londay, i„ay 11, 19,59 at 8 :00 P11 in the Town Building. Members present and voting: were : Daniel T. O'Leary, Chairman, Charles Foster Jr. , Secretary, Henry E. Lund, Robert Burke and Howard Gilman. Attorney Michael Stella appeared for the petitioner. No one appeared in opposition. After the hearing, the Board took t'ne matter under advisement. Upon motion duly made and seconded, it was unanimously voted that the building; permit be allowed as all standards set forth under Section I;..S to I.F.55 inclusive of the Zoning By Laws of Forth Andover were fulfilled. Very truly yours, BOARD OF APPEALS Daniel T. O'Leary, Chairman r JT �,oRroRq,y�g E Oa�� • y t F. APRILM i}O CHt1g�i�4 ►� Vq� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION DMay 11, 1959 ate Petition No. Date of Bearing Ma_y 11, 19 59 Petition of_— Rose i iletti Premises affected_— 209 Chickering Road, North Andover, Mass. Referring to the above petition for a s c nrdmelie requirements of the North Andover Zoning By Laws so as to permit the erection of a 36 unite -mater GRANT After a public hearing given on the above date, the Board of Appeals voted to the SPLICTAT, PT!nTTT and hereby authorize the Building Inspector to issue a permit to Rose Riletti for the construction of the above work, based upon the following conditions: a igned: f r 0.- Chairman Charles Foster r. 5ecretar Henry E. Lund Robert Burke Howard Gilman Board of Appeals PEARL & M c: N I FF Woo LWC)IZTH SLDQrj� PEABODY, -A..A. C E R T*** IF 647210 John J. Lyons, Town Clerk North Andover, Massachusetts .. LAW OFFICES - OEARL & MCNIFF SAMUEL PEARL .JOHN A. MCNIFF WoolWO44 B�l�g geJodg, Massadimetts JRr KRSON 2-1710 Avpst G* 106 swarl 14 ado Thai i'he Worth Andover Board of Ipplels n', Prescott Street Borah Andovers Usstabusette Sohn ;. ins# Toya Clark Borth Andover* Iwashusotts tin Jt Lawle►rl Sre Building Inspastor Barth Andover. Wassacho"tt to hildipermit to Jos*ph rind Bose f'lett for a metal en Chisker Road bearing date of jn1'0 1957 t�sraen� in accordance with .e provisions e . �. ��'er►� IQ C. 40A, sec. 18, id, and 18 we *Ulm to bo persons fa'ved br the Isma" of the above deserib+od bo sad bsrft appeal to tbs Board, of Appeals for an appropriate rsvltw. this matter and for a hearing of our appeal. The grovnds of this appeal area I* The permit has bean issued d.er antboritr Of a decision of t 'la Beard which res a sullity and 3.a violation of the provis +one, sof 0. L. (Toro ) C.* 40A, Oversized Maps on file with the Town