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HomeMy WebLinkAbout1973 COATES VS FOSTER IL~W O~ICI~S KAZARO$IAN, ALLISON and PHILLIPS Area Code 617 372-77BB PAUL KAZAROSIAN THOMAS S. ALLISON. ,JR. HERBERT P. PHILLIPS MAIN STREET HAVERHILL, MASSACHUSETTS 01830 June 27, 1973 John J. Lyons, Town Clerk Town Mall North Andover, Massachusetts 01845 Re: Coates, et als vs. Foster Dear Mr. Lyons: In accordance with G. L. Chapter 40A, Sees. 16 and 13, I have written you already of the fact that we are appealing the decision of Mr. Foster, the Building Inspector in the issuance of building permit No. 1737. I filed with your office on Monday, June 25th our "Appeal" and just to make the record absolutely clear, this appeal had on its caption the fact that the co- defendants were the North Andover Board of Appeals. Technically, the appeal is only against the Building Inspector. The North Andover Board of Appeals does not become an actual party respondent until such time as they in turn would give us am adverse decision. Secondly, I am enclosing herewith nine (9) copies of the Appeal, which in turn you will please forward to the five regular members and the three associate members as follows: Arthur R. Drummond, Frank Serio, Dr. Eugene Belliveau, Louis DiFruscio, William Sale~L~, Alfred Frizell, Esq., James McInnis and James D. Noble, Jr. Also, there is a copy enclosed for Mr. Foster, the Building Inspector. I have discussed the matter with Town counsel, and even though I know that the procedure was done correctly last Monday, June 25th, I am doing it again at this time, so that no super- fluous or redundant arguments could be raised. Please take care of this at once and acknowledge that you have done so, by mailing back to me in the enclosed envelope, the enclosed statement providing your answer. HPP:md Encls. Sincerely, AF;tNOLD H. ¢IALISiBURY. TOWN OOUN-I~EL TOWN OF NOETH ANDOVER, MASSACHLI~ETTC:; Frank Serto Jr. North Andover .ppeals 250 Hi I lside Road North Andover, Massachusetts 01845 .June 28, 197.~ Albert Coates and others v. _Charles H', Foster, Building Inspector Dear Frank: ' think yOU have already received a enpy of the "Notice of Appea~' in the above matter, in which your Board is 'mproperly named as parties res- pondent. ~ have been in touch with Attorney Phi lips, and as a resu I of our conversation I understand that he will prepare a revised "Notice of Appeal' not naming your Board jointly with Mr, Foster, The governing statutes are as follows: General Laws, c.40A, §13 provides that: "an appeal fc the board of appeals ..... may be taken ..... by any person aggrieved by any order or decision of the inspector of buildings ..... in violation of any provision of this Chapter, or any ..... by-law adopted thereunder" General Laws, c.40A, ~1~ provides that: "any appeal under ~ect[or thirteen shall be taken within thirty days from the date of the order or de- cision which is being appealed, by filing a notice of appeal ..... wit? the ..... to~n clerk, ~ho shall forthwith transmit copies thereof fo such officer ..... whose order or decision is being appealed, and to the members of The board of appeals. Such officer (in this matter, the Building fnspecforl shall forth- with transmit fo the Board of Appeals all documents and papers constttut;ne the record of the case in Which the appeal is taken". General Laws, c.40A, ~17 provides that: "the board of appeals shal ~ix a reasonable time for the hearing, of any appeal ..... fo if ..... and shall cause the notice o~ the time and place of such hearing ..... to be published 'n newspaper ..... once in each of two successive weeks, the ~'rst publicaticn to b~ not less than fourteen days before the day of the hearing ..... cna also send notice by mail postage prepaid fo the petitioner and fo the owners cf ali pro- oerty deemed by the board to be affected thereby including the abutters and the trunk Serio Jr., Cb.airman Page 2 June 28, 1975 o~mers of land next adjoining the land of the abutters ..... es they appear cn the most recent tax lists,.and to the planning board of the ..... towr ...... The publication required by fhls section shall contain the following printed in bold face type: (e) the name of the petitioner; (b) the location of the area or premises which are the subject Of the petition; and (c) the d~te end place of the public hearing. At the hearing any party whether entitled to notice thereof or not may el)peer in per, on or by agent or by attorney." If you have any further questions concerning this matter pteas¢ let ma know. AHS/cc Very truly yours_~ Charles H. Foster, Jr,, Building Inspector Board of Selectmen The Town Clerk KAZAROSIAN ALLISON & PHILLIPS ATTORNEY''z AT LAW HAVERHILL, MASS. Town Clerk, Town of North Andover, North Andover, Massachusetts ESSEX, ss. COMMONWEALTH OF MASSACHUSETTS ALBERT COATES, FREDERIC E. BLACKSTOCK, GILDA BLACKSTOCK, RAYMOND CANTY, BEATRICE CANTY, ~COLIN ELLIOT, DOROTHY ELLIOT, GERALDINE LLIOT, W LL M MCKI O , FLORENCE MoKI ON, ~!~ JOHN DONOVAN AND ANNETTE MCHALE vs. ',HARLES H. FOSTER, BUILDING INSPECTOR FOR THE TOWN OF NORTH ANDOVER, AND THE NORTH ANDOVER BOARD OF APPEALS NOTICE OF APPEAL Re: Building Permit No. 1737 issued by the Building Inspector of the Town of North Andover on June 4, 1973, to Vincent B. Landers, 30 School Street, North Andover, Massachusetts. Please be advised that the undersigned Petitioners are residents, landowners and/or abuttors in the Town of North Andove: situated on or about Osgood Street, Pleasant Street, Stevens Street, Harkaway Road and Phillips Court, and are as follows: Albert Coates, 56 Phillips Court; Frederic E. Blackstock and Gild~ Blackstock, 38 Phillips Court; Raymond Canty and Beatrice Canty, 46 Phillips Court; Colin Elliot and Dorothy Elliot, 42 Phillips Court; Geraldine Elliot, 107 Cotuit Street; William McKinnon and Florence McKinnon, 44 Phillips Court; John Donovan, 23 Phillips Court and Annette McHale, 251 Pleasant Street. Appeal is hereby made in accordance with Chapter 40A of the General Laws of Massachusetts and Zoning Ordinances for the Town of North Andover. from a decision made by the Building Inspector in issuing buildinc permit No. 1737, said permit having been issued by Charles H. Foster, Building Inspector, on June 4, 1973 to Vincent B. Landers,I 30 School Street, North Andover, as owner, to construct 152 I residential units as set forth in said application for building I permit, copy of which is attached hereto, on land described atii North Essex District Registry of Deeds, Book 1190, Page 503. KAZAROSI~N ALLISON & PHILLIPS It is the position of the Petitioners herein that the issuance of this building permit adversely affects each and every one of them, and they are therefore, by this document, appealing from the decision of the Building Inspector in issuing said permit, and their reasons are as follows: 1. The issuance of said building permit violates the spirit and meaning of the entire North Andover Zoning By-law. Further, it violates the Town of North Andover Subdivision Control Law similarly in effect. 2. The issuance of said building permit violates General Laws Chapter 40A and General Laws Chapter 41, S~81K. 3. The issuance of said building permit constitutes an illegal subdivision and violates all laws of the Town of North Andover and the General Laws of the Commonwealth of Massachusetts. Final plans and definitive approval should have been effectuated by the Planning Board of the Town of North Andover, prior to the issuance of any building permit. 4. The issuance of said building permit which contem- plates 152 "units," does~not specify whether they are townhouses, multi-family dwellings or apartments; the zoning ordinances pre- clude in an R-4 district in which the property ~s located, apartments and multi-family dwellings. 5. No apartments are allowed in an R-4 district. 6. Assuming that these are townhouses, all other require. ments in the ordinance are not complied with. 7. The use regulations set forth in Table ~1 and the dimentional requirements set forth in Table ~2, are being violated by this building permit in all respects, including the density and acreage with respect to non-contiguous land)frontage, side- lines, rear lines wetlands and setbacks, among others. 8. Townhouses have now been stricken from the Zoning Law by virtue of the passage of Article II in a Special Town meeting held December 20, 1972, in that Par. 15 of Section 4.122 of the Zoning by-law have been stricken therefrom and official approval having been received by the Department of the Attorney General on April 4, 1973. -2- KAZARO$1AN ALLISON & PHILLIPS ATTORNEYS AT LAW HAVERHILL, MASS. '~: The Petitioners, hereby request the Town Clerk to transmit copies of this Notice of Appeal to each member of the Board of Appeals, so that a special hearing may be held before the Board of Appeals in accordance with General Laws, Chapter 40A. Request is further made that the Building Inspector revoke the building permit issued on June 4, 1973 and if he refuses to do so, that the Board of Appeals, after conducting a hearing on this case, order the Building Inspector to revoke his permit. Your Petitioners are hereby aggrieved by the decision of the Building Inspector of June 4, 1973 in issuing a building permit to said vincent B. Landers, for the reasons set forth above and for the fact that there has been a violation of the Town of North Andover Zoning and other ordinances, as well as MGL Chapter 40A and Chapter 41, Sec. 81K. A copy of this notice of appeal is being simultaneously sent to all parties in interest or deemed to be of interest, as indicated below. Albert Coates Gilda Blackstock Beatrice Cant~- ~ , William McKinnon Frederic E. Blackstock Colin Elliot Geraldine Elliot McKinnon Annette McHalo John Donovan ~uhsel for Petition~ -3- KAZ:AROSIAN ALLISON & PHILLIPS ATTORNEY~ AT LAW HAVERHILL, MASS. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. June , 1973 Personally appeared the above-named Herbert P. Phillips and made oath that the above statements, by him subscribed are true, to the best of his knowledge and belief, before me, Public ~sion expires: copies to: Vincent B. Landers, 30 School St., No. Andover, Mass. Charles H. Foster, Building Inspector, No. Andover, Mass. Clerk, Board of Appeals, Town of No. Andover Arnold Salisbury, Esq., Town Counsel, Town of No. Andover Planning Board, Town of No. Andover -4-