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HomeMy WebLinkAboutMiscellaneous - 11 Marble Ridge Road r z � a 1 �/ �`/ �� � � �r o � ���� , . � �: �. LELEGAL NOTICE F NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE April 14,1989 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover, on Tuesday evening the 9th day of May 1989,at 7:30, o'clock, to all parties interested in the appeal of Elbridge C' Leland .As A Party Aggrieved,for review of a decision made by the Building Inspector regarding operating a contracting/glazing business. on the premises, located at 11 Marbleridge Road. By Order of the + Board of Appeals /f1 Frank Sano,Jr. Chairman LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE April 14,1989 it Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover, on Tuesday evening the 9th day of May 1888,at 7:30, O'clock, W all parties interested in the appeal of Elbridge C. Leland .As A Party Aggrieved,for review of a decision made by the Building Inspector regarding operating a contracting/glazing business. on the premises, , located at 11 Marbleridge Road. By Order of the Board of Appeals Frank Seno,Jr. Chairman . .. ri AALL7A i • � I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE t i . . . .April. .14 . . . . .19. . .89 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. . .Tuesday . evening the 9th day of May . . . . . . . . . . . . . . . . . . . . . . . . . . ' 19.89 , at. .'3.%'clock, to all parties interested in the appeal of Elbridge C. Leland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa AS. by the uilding Inspector regarding operat ng a r -contrasting/glazing "business - - .�+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ` . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . . 11 Marbleridge •Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, r. Cha'rnan i Publish in N. A. Citizen on April 20 and April 27, 1989 Bill to: Elbridge C. Leland 11 Marbleridge Rd. , N. Andover, MA 01845 C CF NOU ray 14, OFFICES OF: Town Of 120 Main Street o •' °m APPEALS S•S4 'SE,t�;` )OVER North Andover BUILDING � � . Mssachusetts 01845 CONSERVAI'ION I AVISION (A (508)G82-6483 HEALTH PLANNING PLANNING & GOMINIUNI'I'l' DEVELOPMENT KAIZEN 1-1.11. NELSON, DIRECTOR March 11 , 1989 Elbridge Leland 11 Marbleridge Road North Andover , MA Re : ACT Glass We are in receipt of your letter dated March 11 , 1989 and I believe that the appropriate step to be taken is for you to apply to the Board of Appeals for a Special Permit to operate your glass business in a restricted, R-1 resi- dential zone . You must make immediate application on this petition or you will be cited for a violation to the North Andover Zoning By-Law. The secretary , Mrs . Taylor , to the Board of Appeals is on duty on Monday, Wednesday , and Thursday from 8 :30 A. M. to 12 noon. Your immediate attention to the above will be greatly appreciated. Yours truly, D. Robert Nicetta, Building Inspector DRN:gb cc : Dir . , DPCD ACT CLASS &ALUMINUM P.P. Box 656; north Andover, MA 01845 (617) 683-4500 March 11, 1989 Town of No. Andovr Building Inspector's Office C/O D. Robert Nicetta 120 Main Street No. Andover, Mass. 01845 Dear Mr. Nicetta, This letter is in response to your letter dated, February 27, 1989. I would like to address the illegality you refer to in your letter. There was never any attempt on my behalf to operate a business illegally. I run an "in the field or on-the-job operation", with no retail or public bus- iness. I do not advertise and only use my father's barn as a central base and storage facility. I must stress that my family and I also live in the ad- jasent building at 11 Marbleridge.Road. I consider myself as a consultant-estimator. The nature of my business is contract glazing and,must be done on the job site. I must also stress that there has historically been some type of general contracting-consulting business run from these premises as is this present endeavor. If there is any aspect of our operation that is a disturbance or bother to anyone, then I would like to address this directly. Perhaps the next step would be to apply for a Non-Conforming Use Business Permit with certain restrictions; we- solicit your advise here. Looking forward to hering your response on this matter. Sincerely, Elbridge C. Leland,President ACT Glass & Aluminum, Inc. cc: Dir. , DPCD Aluminum Fabricators Store Fronts• Mirrors CD NOH7h V u rn a =m n 1 OFFIC�'S OF: o °m Town ofmWo D v a m rn APPEALS + : . NORTH ANDOVER V M��ssacl,usc�llsOls4s BUILDING ''^.'.14-1,'+0 CONSERVATION ee"OMus DIVISION OF (508)682-6483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR February 27 , 2989 ACT Glass C/O Elbridge Leland 11 Marbleridge Road North Andover, MA Dear Sir: Our investigation shows that an illegal business is being operated in an R-1 District , a residential zone . Business is not permitted in this zoning district and you are, there- fore, ordered to cease said operation immediately . If you have any questions , please contact this office. Very truly your , , D. Robert Nicetta, Building Inspector DRN:gb cc: Dir. , DPCD lf �y HENRY GRILLO & COMPANY PUBLIC ACCOUNTANTS 26 CHESTNUT ST., P.O. BOX 69 ANDOVER, MA 01810 �• TELEPHONE(617)475-4372 rb May 9, 1989 n1 !9: Mr. Elbridge C. Leland 11 Marbleridge Road North Andover., Massachusetts 01845 Dear Elbridge: a- This refers to your inquiry regarding your corporate and personal tax returns as they relate to your business income and base of operations. I a. Copies of your corporate tax returns from date of incorporation in calendar year 1983 to date clearly show business income from your base of', operations on 11 Marbleridge Road, North Andover. , is We additionally retain copies of your personal income tax returns Prior" to Tncorporati.on of your business for the years 1981 and 1982 which also show that your business was based on 11 Marbleridge Road; North Andover.we For years prior to 1981, we do not have copies of tax returns which prepared for you since our office policy is to clear our files of those returns prepared more than eight years ago. Unless you have retained copies which we. annually provided you, we cannot now assist you in your . ,, request for copies of returns prepared more than eight years ago. $. However, I can firmly state that we have been your accountants from the time you were a student duri'nq the mid-1970's.. I clearly recall that you , di;d part'-time carpentry work during those years at the 11 Marbleridge Rd. , . North Andover location and we reported your.part time income even while ; I know of no other location which you used You were a student: In fact, as a base of operations other than your present location throughout the a F Years in which :you have carried on your trade. ;+ I•n the event yourequire further clarification of this issue, I would r be pleased to appear before any board or agency on your behalf. Sincerely yours, 4 Henry Gr'i l l o y ,I. HG/1f 9 t i 4 .l Msi BUS=S CERT. #657 A.C.T. GLASS ! P.o. Box-656 i No. Andover recorded Nov. 9, 19$3 Elbridge Leland, 254 Gt. Pond Rd. �\ •ou - ::�, - 6� 656 rte ,•••��7 :���' � o n�e1'; 01845 �� {e'L >aae,e• 683-4500 RECEIVED ` Rece�M:e`Cs by Town Clerk: ) , (. TO, ld '1 moo ER APO !1 li 41 .49 °09 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE .ZONING ORDINANCE Applicant ,,pp Address 1. � Application is hereby made: a ) For a variance from the requirements 'of Section Paragraph and Table ' of the Zoning By Laws . b) For a Special Permit under Section Paragraph_ of the Zoning By, Laws . _ As a Party Aggrieved, for review of a decision made by the Buildin Ins ector or other authority. 2. a ) Premises affected are land _and building(s ) -numbered = E..l�iV, F___—`_-Street b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( side of (AAA _ Street , and known as No. -_ �_ — Jl_ Street . 64TU,4CO CFF:' �MA'1! �p — 1 1 Mer- Fgo;i� c) Premises affected are in Zoning District L, and the premises affected have an area of_IL�Land frontage of _f eet . 3. Ownership a) Name and address of owner ( if joint ownership, give all names ) : Lucius' C... be P t 2usfi� Date of Purchase4&,_jPrevious Owner b) * If applicant is not owner , check his/her interest in the premises: GeAh►vso J _Prospective Purchaser Lesee Other (explain) 4 a Size of proposed building:' front; feet deep; ,Height stories; ---feet . a) Approximate date of erection:_— b) Occupancy or use of each floor : _--___- c.) . Type of -construction: 5. Size of existing building:------feet front ;_ feet deep; Height _ stor,ies; feet . OA*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? If so, when?_- _- 4 r� r � tf }� `�-^-� .��t i � �►, �.', ' �.t ^ ^ ,� �' �'� �'' �� SC �,� I i i ,��, ' .I•,'• ' •/1:1.x•1 cscription of relief sought on this petition 12�[,f��,. ��eAi ...LQB!Z9_&7C_E_ Cir_ .•t., .Deed recorded in the Registry of Deeds in Booki. Page Land. Court Certificate No. -19iBook Page 1AT.1 he principal points upon which I base ,my application are as follows: ; must be . stated in detail ) ;4,� ' '';: �� �A� 5 BES �t� •?i�P� (S�"• $ � . E� �at�I� F�o '�'P�: Fait'. ComEs5 15E IQt,, 'agree to pay the filing fee, advertising in newspaper, and incidental cpenses* Signature OL' Peti do r(s) ,• ,cry application for' action by the Board shall be made on a form approved the Board . These forms shall be furnished by the Clerk upon request. +: iy communication purporting to be an application shall be treated as mete )tice of'intention to seek relief until such time :as it 'is • made on the f'iciaL application form . All information . ' 'Called ,for by the form shall furnished by the applicant in the manner • �hereinsprescribed . -cry-application shall be submitted with a list of '•"Parties In Interest" . '. ich list shall • include .the petitioner , . abutters , owners of land directly �posite on any public or private street or way, and abutters to .the �utters ;within ' three hundred feet ( 300 '. ) of the property line of the titioner' as they appear . on the most recent applicable tax list, twithstanding that the land of any such owner is located in another city . town, the Planning Board of the city or town, • and the Planning Board of 1 . eery, abutting .city or town. Ivery application shall be submitted with an application charge cost in - e amount" of $25 . 00. In addition , the petitioner shall be responsible Ir any. and all costs involved in bringing the. petition before the. Board .::..' ch. costs shall include mailing and publication, but are not necessarily; mited to these . ! ,ar application shalt be submi.tted with a plan of land approved b the Y PP P PP Y ;;,:�f • ard.- No petition will be brought before the Board unless said plan has an submitted . Copies of the Board ' s requirements regarding plans are itached • hereto or are available from the Board of Appeals upon request .* LIST OF PARTIES IN INTEREST Name Address 'LIU61 LIZ, L. l..Ec. .1D ►l Mrcl�ta�' �. ;7 O A1C ' GLASS &ALUMINUM O. Box 656; forth Andover, MA 01845 (617) 683-4500 March 11, 1989 Town of No. Andovr Building Inspector's Office C/O D. Robert Nicetta - 120 Main Street No. Andover, Mass. 01845 Dear Mr. Nicetta, This letter is in response to your letter dated, February 27, 1989. I would like to address the illegality you refer to in your letter. There was never any attempt on my behalf to operate a business illegally. I run an "in the field or on-the-job operation", with no retail or public bus- iness. I do not advertise and only use my father's barn as a central base and storage facility. I must stress that my family and I also live in the ad- jasent building at 11 Marbleridge Road. I consider myself as a consultant-estimator. The nature of my business is contract glazing and,must be done on the job site. I must also stress that there has historically been some type of general contracting-consulting business run from these premises as is this present endeavor. If there is any aspect of our operation that is a disturbance or bother to anyone, then I would like to address this directly. Perhaps the next step would be to apply for a Non-Conforming Use Business Permit with certain restrictions; we- solicit your advise here. Looking forward to hering your response on this matter. Sincerely, Elbridge C. Leland,President ACT Glass & Aluminum, Inc. cc: Dir. , DPCD .Aluminum Fabricators•Store Fronts®Mirrors LIST OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS IoM F"LECA &6 7-?,dv iJ ../CNv b. - u/. moi.. ' a Sc. I KD !r _ LC 10 J/�- /�& r ,{ • G TT 4-47A7- d ,--A) A . 14 F=Lwij M o A� 6-1 JAM05F- . WE You L4 �56 MAR&srima 3 O tl . l G TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE : May 18, 1989 NAME : Audrey W. Taylor TITLE : Board of Appeals COMMITTEE/DEPARTMENT q y Requested b William Sullivan, Acting Chairman ' DESCRIPTION OF REQUEST: ( Include such information as "request for legal opinion" "relates relates to pending litigation. " Is this a request of a committee or an individual member 's concern; and is the request high — low priority and explain why . Please attach all relevant documentation. ) Request for legal opinion on the Leland petition #55-89 as a Party Aggreived. Could this be granted as a Special Permit and if so, where in the Zoning Bylaws would it state this. How can this be made legally conforming? TIME FRAME : ( By what date is a response needed ; Please explain. ) Must be hereprior to June 13, 1989 SUBMIT COMPLETED REQUEST FORM TO OFFICE OF SELECTMEN FOR PROCESSING Your request legal 9 al s ervices relative to 'O was : Forwarded to Town unsel Date: Returned Date: Reason: i Town Manager Call Kopelman & Page RE: Leland property - party aggreived petition Could a Special Permit be granted for this petition, and where in the Zoning Bylaw would it state this. y If the Board upheld the Building Inspector's decision, could the petitioner come to the Board requesting a Special Permit. Business/Commercial in R-1 district. What is the definition of a contractor's yard as stated in the bylaws and would a glass glazing be considered contracting? If this had to go before the Town Meeting for a change, could a temporary permit be issued until the Town Meeting vote? How can be make this legally conforming? J I r# . TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE : May 18, 1989 NAME : Audrey W. Taylor TITLE : Board of Appeals COMMITTEE/DEPARTMENT Requested by William Sullivan, Acting Chairman DESCRIPTION OF REQUEST : ( Include such information as "request for legal opinion" or "relate s to �� pending litigation . Is this request a q of a committee or an individual member 's concern; n is the request high - low priority and explain why . Please attach all relevant documentation . ) Request for legal opinion on the Leland petition 455-89 as a Party Aggreived. -Could this be granted as a Special Permit and if so, where in the Zoning Bylaws would it state this. How can this be made legally conforming? TIME FRAME: ( By what date is a response needed ; Please explain. ) Must be here prior to June 13, 1989 SUBMIT COMPLETED REQUEST FORA TO OFFICE OF SELECTMEN FOR PROCESSING Your request for legal services relative to was : Forwarded to Town Counsel Date : Returned Date : Reason : Town Manager Call Kopelman & Page RE: Leland property party Y aggreived petition Could a Special Permit be would it state this, granted for this If the Board Petition, and where in the Zoning Bylaw to the Board upheld requetine Building Inspector's decision What is the definitionofSpecial Permit. could the petitioner come Ed as Business/Commercial y aws district. a lass g a contractor's yard as stated in If glass glazing be considered contracting? the b to go before the Town M bylaws and would be issued until the To Meeting Town Meeting g for a change, could a temporary g vote? y permit How can be make this legally conforming? NORTH q OtttCU /b,tiO SA HUSE- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Attorney Richard Bowen Kopelman & Paige, P. C. Suite 1000 77 Franklin Street Boston, MA 02110 RE: Leland petition #55-89 Dear Attorney Bowen: Attached please find a copy of the complete file concerning the above subject. The Board of Appeals requests your legal opinion as to how this matter should be handled so as to make this a legally conforming business. The petitioner is in an R-1 district and conducting a glass glazing business out of one of the barns on the property. This matter will be coming up again at our June 13, 1989 meeting, so your prompt attention to this problem would be greatly appreciated. Sincerely, BOARD OF APPEALS WCL William Sullivan Acting Chairman Enc. /awt ��I �/� � , moo' -� -��'-�i,� ,��.� ��`' ������-rye � -�� �r�o �� � %�� ���, , A.J 6�i9-fig ,,)June 16, 1989 Mr. Frank Serio Chairman Board of Appeals North Andover Town Hall 120 Main Street North Andover,MA 01845 Re: Leland Petition Dear Mr. Serio: You have requested verification of business use of our property in the R-1 District for non-conforming determination. I enclose herewith our first business (certificate) for firearms sale and handling (a highly regulated enterprise) in conjunction with my machine shop service on the property; the certificate was necessarily demonstrated in order to qualify for State and Federal licensing. At that time, we also provided a firing range for firearms safety and familiarization, and with the most notorious and celebrated occasion of public Turkey Shoots during the Town Centennial Festivities. Subsequently, the firearms aspect of the machine shop has diminished to the extent of a private and personal collection and the range abandoned in the interest of the intimately associated neighborhood. The machine shop continued for light machinery and antique auto restoration services. My two sons joined me during and after their educational endeavors in the support and maintanance of this property and we progressed through painting and rigging, home repair and light construction, each endeavor contributing to the other, all for fee but not all ultimately profitable. The present business has grown to provide satisfactory low profile support to the property with off-site construction and no signs or retail traffic. We pray to be allowed to continue our non-conforming use of this property. Date • Edmund F. land _ A SO x LUtws1.14 *A os itts Su 66Ciw � �..� & A. '�,►� his My Commission Expilns Aug.31 1995 It A,ix i cm 41 _�,t f AA 0, 0 14,j p - i"s ere y` grante pill a LICENSE WIN For Nwn Mora This license is granted in conformity with the Statutes and ordinances relating thereto, and expiresL�� aAtl unless sooner suspended or revoke Morn ��'� NUMBER FEE LuD ll� (Gaut wEuttlt of 1[ixs tltus�tts a .S a M �� of t4at �� NA NA DRESS IN WIN, is hereby granted a LICENSE WIN tea For y- WN A NO ME This license is granted in conformity . with the Statutes and ordinances relating thereto, and WN ry_ -la expires unless sooner suspended or rev d. J g 19�'`r ��sita G�+ 1�G'lf_`l1�GU-'�7j•;� ��-�-vi`�,��i �.�������rr�_�1`�'rr��,`��'rr��,`�Gr���-,`��'r��,����������.�s?-�����r•�.1��� r ! I w k T r Unitedt t� �a � a s treasurp Beartment i' LICENSE 1 Federal Firearms Aet Name D F. L LAND III 1�917 License No. Trade N. EE TRADERS'_ WORKSHOP NEW ENGLAND Region Street or �.`' 254 GREAT POND ROAD, MASS" District City or it ZoneNORTH ANDOVER' County MASS State & HOWE'HEATING CORP. .-.;E(,1PINE ,ROAD. ANDOVER, MASS. In anee with the provisions of the Federal Firearms Act,(i5 U SX:901-909),you are hereby licensed as a to transport,ship,and receive firearms andimmupition in interstate and foreign comme a period of one year ending SFPTEM ER 23, 19 fly dire f the Secretary of the Treasury. DijVict Dire for of Internal OCenue. MASS. k WARNING Th ;'se is not a }permit to carry a concealed weapon in violation of a State law or other law. It 'confer + ht. orP rivilege to conduct business contrary to State law or other law and it is subject to revo ny time to the event the licensee is convicted of a violation of the Federal Firearms Act. ' FORM 8(FIREARMS) (REV.JAN.1955)U.S.TREASURY DEPARTMENT—INTERNAL REVENUE SERVICE GPO:1955 O-329807 _ )Than 8 U.S.,T i ` Y DEPARTMENT y� �,T E Jay idea rRvlca L I C E 1'� S 1>d� –NEW ENGLAND_----- REGION FEDERAL FIREARMS ACT _MASS------------------- DISTRICT e� 1 EDA' � .,LeLAND III ---- y- ------- -------------------------------- (Name) GE. FARM 1 ------------------------------------ .�! ' ROAD LICENSE No. -_115-52— --- ---------------------------------------------- (Street address or R.F.D.) NOt+ ------------------------ -------------------------- (County)w ) (County) (State) cordance with the provisions of the Federal Firearms Act, approved June 30,. 193,_ ended, you are hereby licensed as a __--__-mL_ -R---------------_ to transport, ship, and rota" earms and ammunition in interstate and foreign commerce for a period of one yeai1 SEPT 24 ---------- 1954---- and ending SST_ ,Hing---------------------------- � - � g---------------------------- 23------9 19 --55 license is subject to revocation at any time in the event the licensee is con- victs ° ' violation of the Act. : rection of the Secretary of the Treasury. tot ne;v mL•�k I,a ,,;r,::�,i)1 u(l+.U:ma,Cr,.vcr t • Jnder Rrur:+:rr+;�'Itinn Pltln i!o. 1 i,i ' arld v..!.".. lUE n(;Ellt. s C irector of rntem evenue.. B", U.S.00VCRNMtNT PRINTING orrice 10—U7U80^7{ ", KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G.PAIGE ELIZABETH A.LANE (617)451-0750 JOYCE FRANK FAX 451-1863 JOHN W.GIORGIO ' BARBARA J.SAINT ANDRE JOEL B.BARD JOEL A.BERNSTEIN RICHARD J.FALLON GEORGE M.MATTHEWS EVERETT J.MARDER JANE M.O'MALLEY KAREN V.KELLY DAVID L.GALLOGLY SONDRA M.KORMAN ANNE-MARIE M.HYIAND. RICHARD BOWEN June 12, 1989 Mr. William Sullivan Acting Chairman Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Leland Petition Dear Mr. Sullivan: You have requested an opinion concerning a petition filed by Elbridge Leland. Mr. Leland has been operating a contracting/ glazing business out of a barn located at 11 Marbleridge Road. This property is situated in the R-1 district, a residential zone. The Building Inspector has issued a cease and desist order against Mr. Leland. Mr. Leland has now filed an application for relief from the reauirements of the zoning ordinance. You wish _ to know if Leland's business operations can be brought into conformity with the Zoning By-laws by a grant of a special permit. You also wish to know if there may be any other way to allow this use in the R-1 district. In my opinion, Mr. Leland's business may not be granted a special permit, but it may be a prior non-conforming use. The Zoning By-law does not allow for the issuance of a special permit for a contracting/glazing business in a R-1 district. Special permits in the R-1 district are available only for limited purposes including nursing homes, private schools, public buildings, recreation areas and day care centers. See Table 1 - Summary of Use Regulations. Therefore, it is my opinion that Mr. Leland's business does not qualify for a special �k. n a� � 1 � t KOPELMAN AND PAIGE, P. C. Mr. William Sullivan June 12, 1989 Page 2 permit. It is also my opinion that, based on the facts you have given me, the contracting/glazing business does not qualify as a home occupation as set forth in the Zoning By-law at Section 4 . 121 (4) (b) because the use is being carried on in a barn rather than in the principal building. Furthermore, it appears that you may not .issue a use variance to Mr. Leland because the Zoning By-law does not expressly empower the Zoning Board to issue such variances. See G.L. c. 40A, §10. Based on the information you have submitted, it appears that business activity has occurred on the site for a period of years. In my opinion, the Zoning Board may wish to make a factual determination as to whether the use lawfully existed at the time of the passage of the R-1 zoning restrictions. If Mr. Leland's use predates the zoning restriction, his business may qualify as a non-conforming use under Section 9 of the Zoning By-law. -law. In summary, it is my opinion that Mr. Leland's business is not eligible for a special permit or a use variance. It is also my opinion, based on the facts given to me, that the business does not qualify as a home occupation. However, if the Zoning Board determines that the use was in existence prior to the enactment of the R-1 zoning restrictions, Mr. Leland's business may be permitted as a non-conforming use. If you have further questions in this regard, do not hesitate to contact me. Very truly yours, Barbara J. Saint Andre BJS/RB/sb P :- f kORTN 1 O '.. ,6•ti . 0 w O P t a i y SSACHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date:_ 2— 0 O Dear Applicant: Enclosed- is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ (, .S-� for the following: Filing Fee $ -� Postage $ Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk