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Home My WebLink AboutMiscellaneous - 24 Autran Avenue�, q- )00 -el v Al (A y t -o - a, - v✓� i ✓ -0- I � �ov3- fl3� �`'��;�'�� ur✓tet e�d� il�P�Sof � a� P[yAS 0ek 4 TOCOI w ha!:) 9 li4ll DP JNVI n. . i�• b— d-1 -3 No.:Date�_j 01 TOWN OF NORTH ANDOVER r e�.;"•6 OL p BUILDING DEPARTMENT ��'�•�*.o �'t� Building/Frame Permit Fee $ SSACHUS� Foundation Permit Fee $ 'Other Permit Fee $ C'� CL V 'Bu idin pectbr ZBA 167 Date . �. ........... -3 TOWN OF NORTH ANDOVER RECEIPT ' f 1 This certifies that ..C.A.rt.sz ...�t.P-....�..'....4P..J.... 4P.4!h,5 .............. has paid .$ ..J-&191 ... d .... C-. .�l.... .. `?. �. � ............................... for .......... �. h..� h.. ..................... Received................................................... Department...... 4ri...................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ��D3 - o Town of forth Andover aE NORT{N Office of the Zoning Board'of Appeals Community Development and Services Division * i 27 Charles Street " ' s� North Andover, Massachusetts 01845 �9Scwusj D. RobertNicetta Building Commissioner LO — - C`. ';=-Any peal shall be filed -= wittier (20) days after the dato:�f filing of this notice Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 in t1b5office of the Town Clerk. Property at: 24 Autran Avenue NAME: Christine Robbins HEARING(S): 11/18/03 ADDRESS: 24 Autran Avenue PETITION: 2003-038 North Andover, MA 01845 TYPING DATE: Nov. 24, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street on Tuesday, November 18, 2003 at 7:30 PM upon the application of Christine Robbins, 24 Autran Avenue requesting a Finding from Section 7, Paragraph 7.3 and Table 2, and Section 9, Paragraph 9.2 of the Zoning Bylaw to reverse the Building Department's denial of a building permit. The said premise affected is property with frontage on the South side of Autran Avenue within the R4 zoning district. The legal notice was published in the Eagle Tribune on November 3 & 10, 2003. The following members were present: Walter F. Soule, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. William J. Sullivan chaired but did not vote. Upon a motion by John Pallone and 2nd by Ellen P. McIntyre, the Board voted to uphold the Building. Department's denial and DENY the Finding of the party aggrieved for the following reasons: 1. The applicant continued and finished construction after Building Inspector, Michael McGuire's December 4 2002 Stop Work order. 2. The petitioner's agent stated that the structure is only a platform not attached.to the dwelling. It is not a deck, and therefore does not require a building permit. Page 1 of 2 (C (0 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover of No�rk , Office of the Zoning Board of Appeals o Community Development and Services Division K s 27 Charles Street North Andover, Massachusetts 01845 34Ss�CHus D j_.gobert Nicetta Biitlding Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 3. The Board accepts the Building Commissioner's reading from 780 CMR 6th edition §3603.22.6 `' E46sed Structural Members: "Wood members which form the structural supports of buildings, balconies, == pgrghes, decks or similar permanent building appurtenances where such members are exposed to the wether without adequate protection from a roof, eave, overhang or other covering to prevent moisture or water accumulation on the surface or at joints between members. Depending on local experience, such tubers include, but are not limited to, the following; 1. Horizontal members such as girders, joists and decking." and 780 CMR§ 110.0 Application for Permit [subsection] 110.3 Exemptions: 1. One story detached accessory buildings used as tool or storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet." The Board finds that the completed deck (or platform) is greater than 120 square feet and, therefore, does require a building permit. Voting in favor of the denial: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse and Richard J. Byers. Walter F. Soule abstained In view of this motion to deny, the Zoning Enforcement Officer is requested to take appropriate action. Decision2003-038 M45CP23 Page 2 of 2 C(DpY-,n� Town of North Andover Board of Appeals, F J-t�t_ � �,&, " William J. Sulli ian, Chairman 'Y e Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 DUgobert Nicetta I3Oding Commissioner i.: r -i appeal shall be filed wift (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2003 Property at: 24 Autran Avenue Telephone (978) 688-9541 Fax (978) 688-9542 NAME: Christine E. Robbins HEARING(S): N15,6110, & 11/18/03 ADDRESS: 24 Autran Avenue PETITION: 2003-015 North Andover, MA 01845 TYPING DATE: Nov. 24, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street on Tuesday, November 18, 2003 at 7:30 PM upon the application of Christine E. Robbins, 24 Autran Avenue requesting a Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaws for relief of left and rear setbacks to allow for the maintenance of a rear deck and hot tub constructed without a building permit; and a Special Permit from Section 9, Paragraph 9.2 in order to allow for the extension of a pre-existing, non -conforming structure on a non -conforming lot. The said premise affected is property with frontage on the South side of Autran Avenue within the R-4 zoning district. The legal notice was published in the Eagle -Tribune on April 28 & May 5, 2003. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. William J. Sullivan passed the gavel to Walter F. Soule. Upon a motion by William J. Sullivan and 2"d by Ellen P. McIntyre, the Board voted to DENY the Variance and the Special Permit for the following reasons: 1. Michael McGuire, Building Inspector, issued a Stop Work order dated December 4, 2002 after an abutter's complaint of no -permit construction. Work did not stop and the structure was completed. 2. Neither the petitioner, nor the owners, applied for permits until after the work was completed. 3. The owners of the property, Patricia and Albert J. Marshall, residents of 83 Farmersville Road, Sandwich, MA 02563 represented the petition at the May 15 and June 10, 2003 hearings. During the May 15 hearing, Ms. Marshall said that her husband is a Vietnam veteran with 100% disability. He is confined to a wheelchair. He had not been able to use the back yard because of tree roots. Both Ms. Marshall and her daughter, Christine E. Robbins, have had back injuries and need the hot tub. Ms. Marshall said they plan to live on the first floor when they retire; currently, they do not live with their daughter, Christine E. Robbins (who represented the petition on November 18, 2003) at 24 Autran Avenue. The Marshalls are not residents of North Andover; they are occasional visitors, only. 4. The ZBA Chair and Vice Chair, accompanied by the Building Commissioner, visited the site on June 20, 2003 and confirmed that the structure had been completed. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning hoard. of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Bldtding Commissioner f. Telephone (978) 688-9541 Fax(978)688-9542 Clai 1 5. Julie Parrino, Conservation Commissioner, cited 24 Autran Avenue for wetlands violation per lefteq, dated June 26, 2003. 6. The American Disabilities Act only allows a ramp for access, not a platform deck. 7. The hot tub is not an authorized or required item under the American Disabilities Act, nor cited as°alleed by the Veterans Administration for treatment, per evidence the Marshalls presented to the Board. Voting for denial: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. In view of the motion to deny, the Zoning Enforcement Officer is requested to take appropriate action. Decision2003-015 M45CP23 Page 2 of 2 Town of North Andover Board of Appeals, William J. ullivan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 s ♦ . t r Town of North Andover of VLo RTH Office of the Zoning Board of Appeals o: •'�' '� '�` Community Development and Services Division - diem 27 Charles Street " ° • -- ,r North Andover, Massachusetts 01845 'SS„C!MU D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 18'h of November, 2003 at 7:30 PM to all parties interested in the appeal of Christine Robbins, 24 Autran Avenue requesting a Finding from Section 7, Paragraph 7.3 and Table 2, and Section 9, Paragraph 9.2 to reverse the Building Department's denial of a building permit. The said premise affected is property with frontage on the South side of Autran Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman r . r_. ca CD l.rJ CD > C, l ;f Published in the Eagle Tribune on November 3 & 10, 2003. Legalnotice 2003-038 M45CP23 0vo�i<�a cc a Sj 3'D N f0 ^ N G... iR N �- 3 0 3 3 0 3 o m coyDmwaM .m w 3 N D W o� : 5.w (D M= oar c� w 3�CD . m D-^0 o moo° �v3- >>No, o3�,�Vmpc N. -•^Nc O. *S' '�6 N OSC —f' f o% 3.mgOM.JD o ocD,ao»—. O -1r °iOD N CD V N o �2:`'a>;g- �� A' o � 000r 77C N Al N �� N-0� te =a N Ca >U)2 6o.3TCmZ, "w..o° oU� 0-M ot! �0 a ,:M ,�v0 ° _ z0 Cn o3ot �3m0-4.0 mw-:' f0 W:�3 W �CD 'R �G �- t0 N N.=r_ ��._ N Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I)CV0,0palent and. Services 27 Cl"Ihzarlc� Street D Rio _a, firddier February 4, 2004 Ms. Christine Robbins 24 Autran Avenue North Andover, MA 01845 Dear Ms. Robbins: Please let let this letter serve as your order to remove the patio and hot tub, which was constructed without the benefit of a building permit. This ORDER TO REMOVE is the result of the Zoning Board of Appeals decision # 2003-038, which APPLICATION for a FINDING was based on. Please be advised that this ORDER TO REMOVE is being issued allowing the removal to be accomplished within 30 days of receipt, so as not to incur "Section 10.13 Penalty for Violation" of which states. 10.13 Penalty for Violation Whoever continues to violate the provisions of this Bylaw after written.notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense. (1986/15) I may be reached between the hours of 8:30 —10:00 AM at 978-688-9545. Respectfully, _114 LdW cZ.-. Michael McGuire Local Building Inspector Cc file 24 Autran Ave. Certified Mail return receipt request # 7002 0510 0000 0894 3216 PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects'are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required. 10. B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11"x17" preferred scale of 1" =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar. FINDING North Andover ,Zoning Board of Appeals 10 C. FEATURES TORE INDICATED ON PLAN A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic. information. A set of building elevation and interior of building plans shall be required when the application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor projects include decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply :proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a FINDING. All information as required in items 1 thrpugh and including 11 shall be completed. "z Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department NCCTT IN D �,- d, 9. 5 2003 BOARD OF APPEALS 2oo3- 03,f FINDING STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of fgdpeals and the Building Department Office. CD rT, nrF,pri V N rT-1 ;X . (-n Page 2'of 4 Date & Time Stamp Application for a FINDING NORTH ANDOVER B®ARD OF APPEALS 1. Petitioner: Name, address and telephone number: Christine E. Robbins 978.681.8190 Autran Avenue, North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Albert J. and Patricia Marshall 83 Farmersville Road, Sandwich, MA 02563 Years Owned Land: 5 3. Location of Property: a. Street: 24 Autran Avenue Zoning District R-4 b. Assessors: Map number 45c Lot Number: 23 c. Registry of Deeds: Book Number 5779 Page Number: 313 4. Zoning Sections under which the petition for the Finding is made. *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building commissioner 6. Describe the Finding request: The Petitioner requests that. the Board find the Building Department's denial of a building permit for a deck and patio was in error, that the decision be reversed and a building permit issue *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional Items not Included above. 6a,. Difference from Zoning By -LAW requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage Barking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 7,500 N/A N/A % 50 - - 11.5' 2' 5' B. % *all differences being "grandfathered", pre-existing, non -conforming. Page 3 of 4 Application for a FINDING NORTH AN®OVER ZONING BOAR® OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking �` Minimum Lot set Back ° Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B„ Rear 5,000 N/A N/A % 50' 4 32' 3.5' 13' 25' c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5,000 N/A N/A % 50' 4 32' 3.5' 13' 25' d. Required Lot, (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking '� Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 N/A N/A % 100' 30' 15' 15' 30' 7. a. Existing Buildings: Ground Floor Number of Total Square feet Floors Sq. feet 1,000 2 2,000 Use of Building* residential, single—family 'Reference Use Code numbers and Uses from the Zoning By -Law State number -of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* None — deck and patio only, approx. 24' x 20' total area *Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result i a dismissal by the mg Board of this application as incomplete. Signature 9= _ l� above name (s) here Christine E. Robbins, Petitioner. Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Addres s 45.0 23 Marshall, Albert 22-24 Autran Ave Abutters Properties Map Parcel Name Addres 45.0 1 vSturgis, Mark 573 Mass Ave. No Andover, MA 01845 45.0 2 L Moriarty, John 579 Mass Ave. No Andover, MA 01845 45.0 4 L#feating, Laurie 23 Autran Ave. No Andover, MA 01845 45.0 5 utran Avenue Trust 31 Autran,Ave. No Andover, MA 01845 45.0 6-OOOO.R �tr,1P Burke, Paul' 37 Autran Ave. No Andover, MA 01845 45.0 6-00001 UBlackstock, David 39 Autran Ave No Andover, MA 01845 45.0 8 Golan, William • 51 Autran Ave. No Andover, MA 01845 45.0 19 (,Ybrrisi, Donald & Kenneth 56 Autran Ave. No Andover, MA 01845 45.0 0020-0001 \,Mcnutt, Ronald - 44 Autran Ave. No Andover, MA 01845 45.0 0020-0002 �eA?4 f) Rowen, James, 46 Autran Ave No Andover, MA 01845 45.0 21 YC i0%AeI)Gasparello, Mark. 36 Autran Ave. No Andover, MA 01845 45.0 22 \jLongo, John• 28 Autran Ave. No Andover, MA 01845 45.0 24 Connors, Paul , 18 Autran Ave. No Andover, MA 01845 45.0 25 tPoitras, Brian, 12 Autran Ave. No Andover, MA 01845 45.0 26 \;Josephs, Alice 591 Mass Ave. No Andover, MA 01845 45.0 27 \,Mironovich, Leonard, 595 Mass Ave. No Andover, MA 01845 45.6 1/Angles, Alberto' 561 Mass Ave. No Andover, MA 01845 45.B 2Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 3 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 5 UMiele, Gloria 10 Adams Ave. No Andover, MA 01845 45.B 6 \/Perkins, Robert, 16 Adams Ave. No Andover, MA 01845 45.B 6 uConroy, David 18 Adams Ave. No Andover, MA 01845 45.B 8 /Routed, Bruce 30 Adams Ave. No Andover, MA 01845 V Date /v tea/ Page of Card /lh�te ll r.� of 4 Seoe. D for f esso orth Andover OCT 2 2 2003 D BOARD OF APPEALS 24 Autran Avenue Motion to deny the petition #2003-015 for the following reasons: 1. No permits were applied for by the petitioner until work was completed. 2. Stop work order per December 0 2002 letter from Mike McGuire, Building -Inspector, was not complied with (results of an abutter's complaint). Structure was partially completed. 3. Visit to site on June 20'h, 2003 by ZBA Chair and Vice Chair, accompanied by Building Commissioner, confirmed that the structure had been completed. 4. Julie Parrino, Conservation Commissioner, cited 24 Autran Avenue .for wetlands violation per letter, dated June 26, 2003. 5. The American Disabilities Act only allows a ramp for access, not a platform deck. 6. While Mr. & Mrs. Marshall, (the disabled couple) are the owners, they are not residents of North Andover. 7. The hot tub is not an authorized or required item under the American Disabilities Act, nor cited as a need by the Veterans Administration for treatment, per evidence presented to this Board. In view of this motion to deny, the Zoning Enforcement Officer is requested to take appropriate action. NOV � f� l003 I F30Ar a CSF APP; Ai S Abutter to Abutter( )Buildin Dept ( )Conservation ( ) Fd� Co NN Ph UA./ Town of North Andover Z a Abutters Listina REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used if 4^--, abutters, owners of land directly oppositeon any public or private three hundred (300) feet of the property line of the petitioner as th tax list, not withstanding that the land of any such owner is locate board of the city or town, and the planning board of every abutting` Subject PropeML MAP PARCEL Name Address L 45.0 23 Marshall, Albert 22-24 Autran Ave Abutters Properties Mao Parcel Name Address 45.0 1 \Ztutgis, Mark ` 573 Mass Ave. No Andover, MA 01845 45.0 2 Moriarty, John 579 Mass Ave. No Andover, MA 01845 45.0 4 Keating, Laurie 23 Autran Ave. No Andover, MA 01845 45.0 5 1 utran Avenue Trust tet' 31 Autran Ave. No Andover, MA 01845 45.13 6-OOOO.R N'WV Burke, Paul 37 Autran Ave. No Andover, MA 01845 45.0 6-00001 \Blackstock, David 39 Autran Ave No Andover, MA 01845 45.0 8 Golan, William 51 Autran Ave. No Andover, MA 01845 45.0 19 f Torrisi, Donald & Kenneth 56 Autran Ave. No Andover, MA 01845 45.0 0020-0001 \,Mlcnutt, Ronald 44 Autran Ave. No Andover, MA 01845 45.0 0020-0002 �eA?me) Rowen, James 46 Autran Ave No Andover, MA 01845 45.0 21 Y f, 14 tA F� Gasparello, Mark 36 Autran Ave. No Andover, MA 01845 45.0 22 \/Longo, John 28 Autran Ave. No Andover, MA 01845 45.0 24 L�Connors, Paul 18 Autran Ave. No Andover, MA 01845 45.0 25 t/Poitras, Brian 12 Autran Ave. No Andover, MA 01845 45.0 26 \_,dosephs, Alice 591 Mass Ave. No Andover, MA 01845 45.0 27 `,Mironovich, Leonard 595 Mass Ave. No Andover, MA 01845 45.B 1'Angles, Alberto' 561 Mass Ave. No Andover, MA 01845 45.B 2 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 3 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 5 \Miele, Gloria 10 Adams Ave. No Andover, MA 01845 45.B 6 \/Perkins, Robert, 16 Adams Ave. No Andover, MA 01845 45.B 6 \)Conroy, David 18 Adams Ave. No Andover, MA 01845 45.B 8 \/Round, Bruce 30 Adams Ave. No Andover, MA 01845 V Date /v 'Da Page of Date 1�5 �� or f esso orth Andover See iOct 2 2) Z0037 (C(o Fly— BOARD Qr APPEALS A,; s Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT: MGL 40A, Section 11 states in part 'Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 45.0 23 Marshall, Albert 22-24 Autran Ave Abutters Properties Mao Parcel Name Ad cess 45.13 1 vSturgis, Mark ` 573 Mass Ave. No Andover, MA 01845 45.0 2 ,Moriarty, John 579 Mass Ave. No Andover, MA 01845 45.13 4 Keating, Laurie 23 Autran Ave. No Andover, MA 01845 45.0 5 utran Avenue Trust Vt:'�41W 31 Autran Ave. No Andover, MA 01845 45.13 6-OOOO.R Burke, Paul 37 Autran Ave. No Andover, MA 01845 45.0 6-00001 \,Blackstock, David 39 Autran Ave No Andover, MA 01845 45.0 8 ,,Golan, William 51 Autran Ave. No Andover, MA 01845 45.0 19 I,Xorrisi, Donald & Kenneth 56 Autran Ave. No Andover, MA 01845 45.0 0020-0001 ,Mcnutt, Ronald 44 Autran Ave. No Andover, MA 01845 45.0 0020-0002 Rowen, James 46 Autran Ave No Andover, MA 01845 45.0 21 Yt✓NWGasparello, Mark. 36 Autran Ave. No Andover, MA 01845 45.0 22 v'Longo, John 28 Autran Ave. No Andover, MA 01845 45.0 24 t Zonnors, Paul 18 Autran Ave. No Andover, MA 01845 45.0 25 tPoitras, Brian 12 Autran Ave. No Andover, MA 01845 45.0 26 \;Josephs, Alice 591 Mass Ave. No Andover, MA 01845 45.0 27 \,Mironovich, Leonard 595 Mass Ave. No Andover, MA 01845 45.B 1,,Angles, Alberto' 561 Mass Ave. No Andover, MA 01845 45.B 2Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 3 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 5 vMiele, Gloria 10 Adams Ave. No Andover, MA 01845 45.B 6 uPerkins, Robert, 16 Adams Ave. No Andover, MA 01845 45.B 6 UConroy, David 18 Adams Ave. No Andover, MA 01845 45.B 8 vRourld, Bruce 30 Adams Ave. No Andover, MA 01845 V Date Page of CWl r Date o - f e"O orth Andover 11, ac r z -21) 2003 BOARD OF APPEALS l J s To: William J. Sullivan Re: Property at 24 Autran Avenue Mr. Sullivan, Based on the information regarding the enclosed legal notice, I am pleased to see that the Board of Appeals has made the proper decision by denying the building permit at 24 Autran Avenue. I received the notice for the November 18th hearing on November 13th. However, would like to inform you that I never received the "Notice of Decision" 'regarding this subject. I would deeply appreciate it if you could make sure I receive one as soon as possible for the November 18th hearing. Similarly to the past, a copy of this letter will be sent to my attorney. CFCIF, �WiE _NOV .1 8 2003 J BOARD OF APPEALS Thank You, Paul Connors 18 Autran Avenue C(oE) - ogo Py Ln s o C4.. LF_.. cl 00 AN cis a 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STAINDARDS 780 CMR 109.0 APPROVAL. 109.1 Approved materials and equipment: All materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 109.2 Used materials and equipment: Used materials, equipment and devices which meet the minimum requirements of 780 CMR for new materials, equipment and devices shall be permitted-, however, the building official may require satisfactory proof that such materials, equipment and devices have been reconditioned, tested; and/or placed in good and proper working condition prior to approval. 1093 Alternative materials and equipment: 109.3.1 General: The provisions of 780 CMR are not intended to limit the appropriate use or installation of materials, appliances, equipment or methods of design or construction not specifically prescribed by 780 CMR, provided that any such alternative has been approved. Alternative materials, appliances, equipment or methods of design or construction shall be approved when the building official is provided acceptable proof and has determined that said alternative is satisfactory and complies with the intent of the provisions of 780 CMR, and that said alternative is, for the purpose intended, at least the equivalent of that prescribed in 780 CMR in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with specific performance based provisions of 780 CMR, in lieu of a prescriptive requirement shall also be permitted as an alternate. 109.3.2 Evidence submitted: The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the proposed alternate. 109.3.3 Tests: Determination of acceptance shall be based on design or test methods or other such standards approved by the BBRS. In the alternative, where the BBRS has not provided specific approvals, the building official may accept, as supporting data to assist in this determination, duly authenticated engineering reports, formal reports from nationally acknowledged testing/ listing laboratories, reports from other accredited sources. The costs of all tests, reports and investigations required under these provisions shall be borne by the applicant. 109.3.4 Approval by the Construction Materials Safety Board: The building official may refer such matters to the Construction Materials Safety Board in accordance with 780 CMR 123.0 for approval. 11/27/98 ADMINISTRATION 780 C.MR 110.0 APPLICATION FOR PEP2vff ' 110.1 Permit application: It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR without first filing a written application with the building official and obtaining the required permit therefor. 110.2 Temporary Structures: 110.2.1 General: A building permit shall be required for temporary structures, unless exempted by 780 CMR 110.3. Such permits shall be limited as to time of service, but such temporary construction shall not be permitted for more than one year. 110.2.2 Special approval: All temporary construction shall conform to the structural strength, fire safety, means of egress, light, ventilation, energy conservation and sanitary requirements of 780 CMR as. necessary to insure the public health, safety and general welfare. 110.23 Termination of approval: The building official may terminate such special approval and order the demolition of any such construction at the discretion of the building official. 110.3 Exemptions: A building permit is not required for the following activities, such exemp- tion, however, shall not exempt the activity from any review or permit which may be required pursuant to other laws, by-laws, rules and regulations of other jurisdictions (e.g. zoning, conservation, etc.). 1. One std detached accessory buildings used PAT v -as tool or storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. - 2. Fences six feet in height or less. 3. Retaining walls which, in the opinion of the building official, are not a threat to the public safety, health or welfare and which retain less than four feet of unbalanced fill. 4. Ordinary repairs as defined in 780 CMR 2. Ordinary repairs shall not include the cutting away of any wall, partition or portion thereof, the .removal or cutting of any structural beam, column or other loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, mechanical system, fire protection system, energy conservation system or other work affecting public health or general safety. Note: Also see 780 CMR 903.1 (Exceptions 1. and 2.). 780 CMR - Sixth Edition rue 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE siding, sheathing and wall framing are of approved preservative -treated wood. 3603.22.4.6 Posts or columns: Posts or columns supporting permanent structures and supported by a concrete or masonry slab or footing which is in direct contact with the earth shall be of approved naturally durable or preservative -treated wood Exceptions: 1. Posts or columns which are either exposed to the weather or located in basements or cellars, supported by concrete piers or metal pedestals projecting at least one inch (25 mm) above the slab or deck and six inches (152 mm) above exposed earth, and are separated therefrom by an impervious moisture barrier. 2. Posts or columns in enclosed crawl spaces or unexcavated areas located within the periphery of the building, supported by a concrete pier or metal pedestal at a height greater than eight inches (203 mm) from exposed ground, and are separated therefrom by an impervious moisture barrier. 3603.22.5 Wood in contact with the ground: All wood in contact with the ground (exposed earth) which supports permanent structures that are intended for human occupancy, shall be of approved naturally durable or preservative -treated wood using water -borne preservatives and shall be treated in accordance with AWPA C2 or C9 listed in Appendix A for ground contact, where used in the locations specified in 780 CMR 3603.22.5.1 and 3603.22.5.2. Exception: Untreated wood is permitted where such wood is entirely below the ground water level or where continuously submerged in fresh water. 3603.22.5.1 Posts or columns: Sawn posts and columns supporting permanent structures that are intended for human occupancy and which are embedded in concrete in direct contact with the earth or embedded in concrete exposed to the weather, or in direct contact with the earth, shall be of approved preservative -treated wood. 3603.22.5.2 Wood structural members: Wood structural members that support moisture - permeable floors or roofs which are exposed to the weather -such as concrete or masonry slabs - shall be of approved naturally durable or preserva tive-treated wood unless separated from such floors or roofs by an impervious moisture barrier: 3603.22.6 Exposed Structural Members: Wood members which form the structural supports of buildings, balconies, porches, decks or similar permanent building appurtenances where such members are exposed to the weather without adequate protection from a roof, eave, overhang or other covering to prevent moisture or water accumulation on the surface or. at joints between members. Depending on local experience, such members include, but are not limited to, the following: 1. Horizontal members such as girders, joists and decking; 2. Vertical members such as posts, poles and columns; or 3. Both horizontal and vertical members. 3603.22.7 Wood used in retaining walls: Wood installed in retaining or crib walls shall be of approved preservative -treated wood treated in accordance with AWPA C2 or C9 listed in Appendix A for ground contact, except as indicated in 780 CMR 3603.22.7.1 through 231 1.7.3. 3603.22.7.1 Untreated wood: Where the wall is not more than two feet (6 10 mm) in height and is separated from the lot line or a permanent building by a minimum distance equal to the height of the wall, the wall is permitted to be of untreated wood. 3603.22.7.2 Naturally durable wood on the lot line: Where a retaining wall or a crib wall is not more than two feet (61.0 mm) in height and is located on the lot line, approved naturally durable wood is permitted. 3603.22.7.3 Naturally durable wood separated: Where retaining wall or a crib wall is not more than four feet (1219 mm) in height and is separated from the lot line or a permanent building by a minimum distance equal to the ----}night of -the Nati; approved naturally -durable wood is permitted. 780 CMR 3603.23 MANUFACTURED BUILDINGSAND MANUFACTURED HOUSEVG 3603.23.1 Scope: The design, manufacture, handling, storage, transportation, assembly, construction and/or installation of manufactured buildings and manufactured building components intended for installation in the Commonwealth of Massachusetts shall be in accordance with the provisions of 780 CMR 35. Manufactured buildings or manufactured building components shall not be installed in any jurisdiction of the Commonwealth of Massachusetts unless such manufactured buildings or manufactured building components have been approved and certified in accordance with 780 CMR 35, and the Rules and Regulations for Manufactured Buildings, Manufactured Building Components and Manufactured Housing, 780 CMR R3, as listed in Appendix A. 3603.23.2 Manufactured housing: When constructed in accordance with the Code of Federal Regulations (CFR) Title 24, Chapter XX - 486 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97) f "! u . r/y� �♦R R••R,i•R♦� s�R •R••t•♦e♦ f • R _.._ I f • • • ♦ 1 f R'it i♦•♦ R♦ f 4 Z �R � •' f s `fit R•♦ ♦ ♦ • ♦ • ♦ e ♦ \\\ 1. I • ♦ • ♦ ♦ • t • f f • ♦if • 1 1 pt ♦ ♦ ♦ ?ti • • ♦ t f e *+{ t 1 1 • R • t i • ♦ -• t f •'%moi♦ re,.. •t• f�1 • •< t t ff ♦ t-.� ♦ teff• et ee �. z �. GA xr ,+, tz 0 o � O O Q W � Co ;Z: UiR O1s FTUO> oo� a oCE9 r �'' ETD V f. de Iii v•'.�.��,.�ryryWy ' Q Y'+T�2 T ? 1 •R. l�1i .4 a�t rr. t • tiA•,, . Iii To: William J. Sullivan Re: Property at 24 Autran Avenue Mr. Sullivan, Based on the information regarding the enclosed legal notice, I am pleased to see that the Board of Appeals has made the proper decision by denying the building permit at 24 Autran Avenue. I received the notice for the November 18th hearing on November 13th. However, would like to inform you that I never received the "Notice of Decision" regarding this subject. I would deeply appreciate it if you could make sure I receive one as soon as possible for the November 1$'h hearing. Similarly to the past, a copy of this letter will be sent to my attorney. Thank You, Paul Connors 18 Autran Avenue NNOV 1 8 2003 BOARD OF APPEALS NOV-14-2003 FRI 08,37 PM MARKJOHNSON rr1A Nu, aro4loolu� V1 LAW 01'FICN OF MARK B. JOHNSON )2 Chestnut Street Andover, Massachusetts 01810-3706 (978) 475-4488 Telecupier: (978)175.6703 r,,t:Itgy"' , MARK 11, )l 1 iNSON (MA, Nil, DC) KA'I I IKYN M. MORIN I INI1A A. 0'('0NCLI, CMA, N11, P% 1) LIANNI! CklSTAl.01 i)ONAI.I) F. 11l)1(I,NSTEIN (MA, MG) JOAN 11. DUiT MICHAEL a rum.w. (MA) M10I171,17 C• JON1KAS .)AWS BONFANTI (MA) S1IALINA I'. MCCARTIIY,,LU, Date: Ngypnll)cr 14, 2003 F'ACSiMILE TRANSMISSION COVER SIIEET To: Robert Nicetut Building Tnsne�lr�r Kc: 24 Acttrin Avc.-Robbins —, lteceivini Facsimile Nurr,Iber: 978.688.9542__— . From: 1)nstcin I ss vire Sending Facsimile Number: (9781475-6703 Number of Pales being transmitted (including this cover sheet): 5 Yids tclecopy is iNlomey-client privilegecl and contains eonfrelential information interulcd only fir the pers-on(s) named above. flrzy other disiribullon, copying or disclosure is s/rlcll), prohibite(I 1/' you have receive(( this telecopy in error, please notify us immeclimely by lelepl one, mal return the. original transmission to its by mail without maki)�" a cony, I C problc+lls in transmission are encountered, please contact sunder 1 (918) 475-4488. 1 2003 L� Bf r. c-IFI�.r�,lA� NOV-14-2003 FR 108 31 NM MfiNUUMUN r HA NU, 0104 10D I UJ LAW OFFICL OF MARK B. JOHNSON 12 Chestnut sinal Andover, Mnssnchusetls 01810-3706 (978) 475-4488 Tulueopicr (978)475-6703 MAKE; 11. JOIIN.S(N (1.1A, N11, D(I LINDA A. o'CONNI:I.i. (MA, NII, 10) DONALD V 1.101WNSI'IAN (MA,AtI'i) MIC'IIAVI, G, 1•UVJ.ON0 (MA) JAMCS DONFAN'I i (MA) St 1111 iNA 1i %kCAR'I'I iY, J O. November 14, 2003 Via P acsirrrile: 978.688.9542 And First Class Hail P.ohcrt Niec►la, Building Inspector Town ot'North Andover 120 Main Strut North Andover, MA 01945 Ito: North Andover Zoning Board of Appeals C.hristino Robbins 21 AAutrao ,Avenue Dear Mr. Nlcata: P ��;ILu�ly KATI IKYN M, MORIN LIANNE C:RISTALDI JOAN It. D01 -T' MIC'11111i C. JON)KAS 1'cr your request, enclosed please find photo -copies of M.G.L. cA0A, §11 ,inti a photo -copy of §7.05,5 from the I Iandbook of Massachusetts Land Use and Planning Law, regarding the above -captioned maticr. As you can see front the Iriel•tlighted sections, Section 1 l provides that it is within 1he discretion of the Board of Appeals to accept an Affidavit of actual service on parties in interest (n/kh) ab(lttcrs) in lieu 0115. mail notice. As we discussed, I propose that the Board exercise that discretion in this hatter as to any unit owners in the 1 lcritage Green Condominium that the Board believes would otherwise be entitled to tnailcd notice. ('It is my underminding that certified mail notice has already been issue by the 'Town to all parties in interest located on Autran Avenue). At this time, Ms. Rohbins has n1ready hand -delivered notice to each condominium unit in ctich building located within 300 feet other property and will be prepared to dolivcr all affidavit to this effect, signed under the pains and penalties of perjury, at (lie Board's upcoming hearing. I believe this will both satisfy the statutory Paul•j 0.`IGr .Wtu� OosUtuh;x:.., Clui.uno F.:D:Id IX N Amk,�;fntrqua � t 1•I7 01 iliK Vf I:II. P10, NOV-14-2003 FRI 08:37 PM MRRKJOHNSUN rHR NU. a(04i0o+Us r. Ul) Itobert Nicety►, Building Inspector November 14, 2003 Page 2 notice requirements and avoid the imposition of an unreasonable burden on the iihplicant. To rcduirc catifed mail notice to every unit owner in the IIcritage (il'cefl C:oudaniniUm, regardless of the location oftbeir unit, is beyond the re,quirements of the Zoning Act and would impose an unnecessary practical barrier to Ms. Robbins' right to a hearing before the Board. If you brave any questions, picase feel free to contact me, l am hopeful that tilt 11wird will consider this request as to service of notice at the upcoming mecting mid, elect to accept this notice mid to proceed with a substantive hearing on the matter. Very truly yours, LAW OFFICE OTS MARK B. JOT INSON Donald r, Borenstein 1)UB--k117 l;nelosures Ilrobj ntld,ilal`hw•puCsli�obbiny, Christine EM -418 N. AndmAnketta-Itr t1-13.03.doc NOV-14-2003 FRI 08:37 PM MRRKJOHNSON . 1 -HA Nu. yIdUr UIUJ r, u4 0 r li- ly, ,C6 t•�l :Id e INS. 1 al for OIL 'lift, NO ADMINISTRATION AND ENFORCEMENT § 7.05[Cl calos 11i;a failure to provide. notice because of proble.m.; in mailing will be excused If a reaSonab10 c[Cou is Piratic to ascertaill a Correct address. Whert: Illy hoat:d fails to provide,; notice, to clic planning board, or lbe planning board 01' any ;thuttio, city or town, it is likely that the court will hold 1110 defect to be- fatal error., 21 I:5) Waiver of Notice and Special Notice Masa, 6'en. L. ch. 40A, § 11 spites that the granting authority: Ill:ly Ace -4:1!l it waiver at' notice froin, or mi Hffldavir of aclual notice to any palty in interest, or, in his stead, any successor owner of record who may not have, 1t.06Vcli :s noti�c by trail, ami III, Ortltr special notice, to slay such { person, hiving nut le.1.1i thaii five nor snore than len addilional days to reply. 'llia board of appeals may silvage. &.FCCtive mailed notice under this provision. 1,11(:1"61ionor nrly assist by securing; a waiver of notice or an nfG(lavit of actual notice (if the error is discovered well before the hearing). The ho9rd may orde' special notice to be, prpvidud ill the event that a waiver or an affidavit cannot be , ohtltinccl.12t Irl Ili lrlilc• .11enring Mass. Gert. L. ch. 40A, 9 15 requires a public hearing before the decision of the permit-gr;lntirjg aulhotity, At a minimum, tho public hearing provirle9 an "opportunity for imoresicd persons to appear 9nd express their views pro nod con."IP1 In an a0111iuistrative ahpoal, the building- inspector t3I hos a fluty, pursuant to Mass. (,tell. 1,. ch. 40A, § 15, to transmit to the board of appeals lilt dot:untl:ltts and palm -8 Constituting 1111.. record of the decision from which the appeal has been taken. The board of ippc-als Should he,_ cermin that (hese Papers are available at the start of thu hearing anti That they are incorporated into the record of the pro- . ct:ctlin;;,r•. nmih;d to iho 1a:1rc:rl at the lot number, but ^it wits felumed by t11e po3c office. The courl held that Ibe t1foxix of the board miliy,llcil ItICk of nrtiee luui drat the hoard's decision rleW not be iuvalidolctl bochuse ur 111e 127 Kayer, 1 plass. App. Ct. lit 254 (citing Madeiros V. AMermen of Woburn, 350 Mass. 767 t yy (Ihfib)): The court stated thml this result is "probaWlr.' but the Meru rtes decision acetas to be rigtlt oil pnIIII; I i-: unclvar whmhrr Life h):lrd meet postpone or coPtinue itr hearing (1) nccivr any infnrtuation dic party wishes to prrw;nt to the heard, or if the hoarl can consider this information if r"cived hflt'I' Ih" boaring Inv haft clnsrtl. Millon ( omwons Amocs. v. Board of Apimils of Millon, 14 Marts. App. C1, 111. 114-115 (1982) (oiinr Willey v. 'r(jwii Council•of Jtarrin(;lun, 261 A.2d 627 (Rt L 1970)). O11 Or the liming ndministr, tor, whore applicable. 231 01 '.e NOV-14-2003 FR1 UU:38 FM flhXKJUHNbUN rnA 11V, 0:04lUU1u3 MA ST40A § 1 l 1':igc 1 M.G.t,.A. 40A § 11 MA,8/1('P0S( 1a:5 GENE RAI. LAWS ANNUFATED �'.i1_I")Ml;,,nl)Mlnlfia'I�A'1'I(.)(V (li�','f1•Ilt: C(.1VJ.;,ItNMT:N'1' �j{. �,'ITIKS, TQWNS AND UESi'RIC-I:S ING t• t• -t• (,IJRRGN'I' Vl'?RSION -t-•�+ V)EM ALL Vi;RSIONS �•, I,I.,NnLEcc� rcclulren�c�rtlti,•f�r tuh1;�•,�1,cstrinQS: �„lics•in inlca•e5t ctel'inetl: rcvicvv cif.titu•c_iul. fi:el.u�il hctilic�ih; rcc�rdiny; coLi� .olsj�ect III rrnil and variance deCkI tats 1l] all rasa whole uot.ice of a Inihlic hearing is required notice sh,111 be given by publication in n liewspapel. of Zit.poral Circulation ill file city or town once in each of two successive weeks, the first publication 0 be not less thmi fourlccn clays before the day of the hearing and by posting, such notice bi a conspicuous place in the city or jowl] hall for tl lloliod ol'nrtt less 1111111 foul teen clays before Clic clay of such hcalji)g. Irl al) ctiseS where police to itldividilills or sllcc,ific• boards or other ul,cocich, is required, notice -11111 lie scent by stall, poslajc prepaid. 'Parties in inlcrest" as neer) in thin .chaptCl- shall l]itao the Petitioner, abuncrs, owners of land directly opposite im any public or Ilrivate sn-cel Ur way, and abultens to the abultcrs within 1hive hundred fcer of the Property line of the petitioner ns they upllomr nn the most 1"Cnt applicable tax list, notwi0istanding that the land of ally such owiler is located in another city or town. the planning board of the city or town, and the planning board of every abutling city or town. 'l'bc asroslor$ mailo lirliuo any applicable tax list sliall certify to the pormit granting oulllority or special permit granting :ntthority Ihr names aml addi'MCS of pat'lics is interest and ,wCh certification shall be conclusive for all purposes, T711: 1)�`rmil gruulin.; :uilhoril i�r r; lel ennit -►'autiu uuthotlty may aCcc}lt .t waiver of notice fir t or ani ,�►iic ;tvt-4a) o ,10111,1 niiticc tn�,�,,-�,x'n m r• •�~ or, iq Itis slcad, any successor owner of record who may not have rrctia�rcl a notice by nail, tntd tray order special notice to any such pCraan, giving rcnl iess thee live -nor marc Ih:ut Irl] addiliunal days Io reply, I'll Ill icoliom: and uokro; rcquired by thus suction shall contilin tilt: 11,11110 of the petitioner, a description of the arca of Inc utir:cri, Arect addl-mg, if any, of other adequate identification of the location, of Ilse arca of pt•cntisas which is tile. sal;jovi or the imition, the date, lithe and place of the public hearing, Ole subject natter of the hearing, and file m:11111'0 of action of if any. No such lio ring shall bo held on any day oil which a state or'nnmicip:tl clertinn, ciuwm or primary is held in such city or town. %onint, ordlilmiccs or by-laws !)lily pt,'ovlcle ilrit p0itiotrs for sl)ecial Imi lits shall bo submiucd to and reviewed by Uni: Of pili'(: of the followim; ;ted tnay further provide that such reviews way be ltclrl jointly:--thc hnartl of hNat(h, the plaimijig hoard or dcpatttucul, the city or tow)i engincer, the conservation eomillissictn or any ullicr town :rucncy or bomd. Ally such board or ai cncy to which p0litions are referred for review shall otake such recoommidationa as they deem aplvollriato anal vhnll send copies thereof to the xpoclal permit gramting' aulhurity and to the applicant; llrovicl,M, hovvvvcr, that failure of any such board or agency to make recommendations within thirty -live clays of rceeiiil by such board or irenCy of the }Ielition shall be decilled lack of opposition thereto. Upon (Ile Ea,urtin; of a variance or special permit, or any extension, modification or renewal thcrrof, the pentlit 9,r:utling authority of gli:•cial herntil g) -loans anthnrity shall issue to the olvucr and to the applicant if ofhcr Oen (1%0 owucr a Cully of its decision, certified by llie permir l"raulEng 811110rity or sfiecial permit grantlllg atrthnrily, eeiot:riminl,; 111v U -11W imd addrefs of the owner, identifying the laud affected, settin3 forth conlpliauce with the stalrrtw•y reglur.tii'mis fun' the i"11311CC of such variance or permit and certifying that copies of the decision and all pl;ll" lercrrcd to in file dcci.ciort hive: been tiled tvith the planhiog board and city Of town cletk. No virbloce. or C'opr. (i) West 200.1 No C1aial to 01-i4. U.S. Govt. Worlcs °V Zoning Bylaw Review Form �..1 k ; . Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 ..._.�'' Phone 978-688-9545 Fax 978-689-9`542 Street:...-.... ._...._... ..oZ .......:. _. v- n� ....._ . Map/Lot: c Applicant: Request: _.7?d ti! cS ...... % K1.1 "44 , a2 9 D eco Date: Dlnn— 1, .J..: 3 e.....4 at,..a ..ea__ �u�,�`u �a� a,«Cw or your Hppucation and Plans that your Application is DENIED for the following Zoning of reasons: Zoning 2 �y temecly for the above is checked below. Item # Special Permits Planning Board Site Plan Review S ecial Permit Access other than Frontage Special Permit Frontage Exception Lot Special Permit Common Drivewav Special Permit congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit Watershed Special Permit Item # Variance C 3 -4- s Setback Variance Parking Variance. Lot Area. Variance Height Variance Variance for Sion Special Permits Zoning Board- Special oardS ecial Permit Non-' onforming Use ZBA Earth Removal Special Permit ZBA _Special Permit Use not Listed but Similar Special Permit for Sign Special permit for preexisting The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations.by the applicant serve to provide definitive answers to the above reasons for �, Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review NarTative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. 3 Building Department Official Signat,4ute Application Received Application Denied Item Notes Item Notes q Lot Area F — Frontage I Lot area Insufficient 1 Frontage Insufficient 2 3 4 Lot Area Preexisting Lot Area Complies Insufficient Information -c 5 2 3 4 Frontage Complies Preexisting frontage Insufficient Information �S B Use 5 No access over Frontage 1 Allowed VA1160 r. Contiguous Building. Area ' 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 5 Special Permit Required Insufficient Information 3 4 Preexisting CBA Insufficient Information �S C Setback H Building Height 1 All setbacks comply 1 — Height Exceeds Maximum 2 3 4 Front insuff icitent Left Side insufficient Right Side Insufficient 12 Lie g 3 4 Complies Preexisting Height Insufficient Information �. S 5 Rear Insufficient L, S I Building Coverage 6 Preexisting setback(s) Ertbl-vi Wu -c 1 Coverage exceeds maximum 7 D 1 Insufficient Information Watershed Not in Watershed -t S 2 3 4 Coverage. Complies Coverage Preexisting Insufficient Information S 2 3 In Watershed Lot prior to 10/24/94 j 1 Sign Sign not allowed 4 5 Zone to be Determined Insufficient Information 2 3 Sign Complies Insufficient Information E Historic District K Parking 1 2 3 In District review required Not in district Insufficient Information `( �S 1 2 3 More Parking Required Parking Complies Insufficient Information 4 Pre-existing Parking temecly for the above is checked below. Item # Special Permits Planning Board Site Plan Review S ecial Permit Access other than Frontage Special Permit Frontage Exception Lot Special Permit Common Drivewav Special Permit congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit Watershed Special Permit Item # Variance C 3 -4- s Setback Variance Parking Variance. Lot Area. Variance Height Variance Variance for Sion Special Permits Zoning Board- Special oardS ecial Permit Non-' onforming Use ZBA Earth Removal Special Permit ZBA _Special Permit Use not Listed but Similar Special Permit for Sign Special permit for preexisting The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations.by the applicant serve to provide definitive answers to the above reasons for �, Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review NarTative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. 3 Building Department Official Signat,4ute Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property inditiated on the reverse side: Referred To: Fire Police Conservation Planning Other Health Zonin B aro dB aro d uepartment of Public Works Historical Commission Building Department Note: Atty. Borenstein told Bob Nicetta per phone 11-8-03 that Christine Robbins would contact in person all the Heritage Green units in her 300' and bring the result to the meeting in lieu of sending legal notices. The Assessor's Office presented her with a large computer paper printing of ALL Heritage Green owners, since there is no condominium Association. Registered, certified legal notices were sent to all names on the regular Abutters List. September 25, 2003 Re: Filing "Findings" Document Town of North Andover Zoning Department To whom it may concern; My name is Christine E. Robbins. I am writing this letter to explain why I was unable to complete the requirements for filing a "findings" document with the appropriate (zoning) department. I attempted many times to get an abutters list from the Assessors office, to no avail. Following is a recount of said attempts. September 17, 2003. 1 went to the Assessors office at approximately 2:30 p.m. There wasn't anyone in the office at the time so I rang the bell once as instructed by a note. I spoke briefly with Garrett Boyles who informed me that there was no one available to help me at this time. I left the original abutters list that I had received from them in January 2003. I asked for an updated list at that time. I was then instructed to return the following day, which I did. I spoke with Julio who informed me that they were in the middle of an audit and that I would have to return on the following Wednesday, September 24, 2003. I returned on Wednesday at approximately 8:45 a.m. I spoke with another gentleman who told me that unfortunately Julio would be out for the rest of the week. I explained that I had a deadline to meet for said filing. I left my phone number with him and asked that he call me and let me know when I could possibly return and pick-up the list. I never received that phone call. After numerous attempts to retrieve said document, I missed my deadline. I believe that I would have succeeded in complying with the filing requirements in a timely manner, had I been given minimal cooperation from the Assessors office. S' cerely, Christine E. Robbins COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS MEMORANDUM IN SUPPORT OF APPLICATION FOR FINDING AND „_ APPEAL OF TOWN DECISION OF BUILDING INSPECTOR Petitioner: Christine E. Robbins Property: 24 Autran Avenue, Map 45C, Lot 23 Date: September 16, 2003 I. Proposed Use/Construction The Property is currently improved by a legal, pre-existing, non -conforming single-family home situated on a 5,000 s.f, lot of land. The Petitioner seeks the issuance of a building permit to allow the construction of a rear -yard deck and patio. The deck and patio to be located within an existing, 6' high, wooden - board, fence currently enclosing the rear of the Property. The deck and patio to have an approximate total area of 20' x 24', consisting of an 8' x 8' concrete patio, surrounded by a 20' x 24', ground -level deck. The deck being free standing, without permanent footers, neither the deck or patio being attached to the existing home. II. Building Inspector's Decision By completion of a Zoning Bylaw Review F61 -in dated September 9, 2003, the North Andover Building Department denied the Petitioner's requested building permit. The reasons noted in support of the Department's denial decision were insufficient Left -Side Setback, insufficient Rear Setback, and the necessity of a Special Permit under North Andover Zoning Bylaw Section 9.2 for the alteration or extension of a non -conforming use or structure. III. Petitioner's Position F \New-Docs\Rc A. Rear and Side Yard Setbacks do not apply to the Petitioner's deck1patio structure. Pursuant to Section 7.3 and Table 2 -Summary of Dimensional Requirements, the Bylaw establishes certain minimum "Side -yard" and "Rear -yard" setback distances. However, Bylaw, Section 2 -Definitions provides as follows,. "2.71 Yard (Setback) An open space which lies between the principal buildin or gro!:-p of buildings and a lot line." 2.73 Yard, Rear (Setback) An open space extending across the entire width of a lot between the rear of any buildin thereon and the rear lot line of the lot on which such building stands. 2.74 Yard, Side (Setback) An open space between the side line of a lot and the adjacent side of any buildin thereon, such open space being understood to cover the entire extent between the front yard and the rear yard of such a lot."' Thus, the "Yard" or "Setback" requirements are only applied to "Building(s)" and not to the more general category of "Structure(s)". The definitional section, Bylaw Section 2, provides the following definition of "Building", "2.26 Building A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property. ,2 As the Petitioner's deck and patio do not, of course, have a roof, they do not constitute a "Building" under the Bylaw. Thus, the Bylaw's Side Yard and Rear Yard requirements are not applicable to the Petitioner's construction. The Petitioner's deck and patio may fall within the Bylaw's definition of "Structure" which provides as follows, "2.68 Structure Means a combination of materials to form a construction that is safe and stable, including, among others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words or part thereof." Accordingly, no variance is required from the Left and Rear Setbacks, as indicated in the Building Department's Zoning Review Form, items C3 and C5. As the Bylaw's Yard Setback distances are not applicable to the Petitioner's deck Emphasis by underline and italics has been added. Emphasis by underline and italics has been added. FANew-Docs\Robbins, Christine E103-418 N. AndoveAaddendum to finding application.doc and patio, failure to comply with Side or Rear Setbacks is not a proper basis to deny the Petitioner's building permit application. B. A Special Permit for the -alteration of a non conforming structure under Bylaw Section 9 is not required Section 9 of the Bylaw concerns non -conforming uses and structures. As indicated on the Zoning Bylaw Denial form, the Building Department determined that a Special Permit under Section 9.2 of the Bylaw was required for the Petitioner's deck and patio. First, if any provision of Section 9 were applicable in this circumstance, Section 9.3, entitled "Pre-existing Non -conforming Single and Two Family Residential Structures" would be most relevant. Secondly, both Section 9.2 (applicable generally to all use and structures) and Section 9.3 (applicable to single and two-family uses in the residential districts) require the issuance of a special permit from the Board of Appeals. However, both of those Sections are only triggered when a pre-existing, non -conforming Structure is to be "changed, extended or altered', .3 In this circumstance, the pre-existing, non -conforming stricture at issue is the single-family home currently located on the Property. Like many homes in the neighborhood, it does not meet current dimensional requirements for lot area, frontage, or setbacks. However, the Petitioner does not wish to "change, extend or alter" the home. The Petitioner's deck and patio are free-standing and are not connected the house structure. Where the Petitioner's deck and patio structure does not constitute a "change, extension or alteration" of the non -conforming house stricture, a special pen -nit, under either Section 9.2 or 9.3, is not required. C. If a Special Permit for the alteration of a non conforming structure is required under Bylaw Section 9, such permit should be issued under Section 9.3. Although the Petitioner does not believe a special permit is necessary under Section 9 of the Bylaw, if the Board were to find that such a permit were necessary one should be issued under Section 9.3 of the Bylaw. The Board may issue such a special permit under either of two separate provisions of Section 9.3. First, Section 9.3.a.3 allows for the issuance of a building permit in the following circumstance, which is deemed by the Bylaw "not to increase the nonconforming nature" of a structure, 9.3.a.3 or m alter Quotation is from Byla, special pen -nit is required where extended or enlarged". FlNew-DocslRobbins, Christine E103-418 N. except for yard. setbacks [the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements]." In this circumstance, if the structure is deemed to be "altered" by the Petitioner's deck and patio, it will comply with all other requirements of the Bylaw, except for yard setbacks and the area and frontage of the lot. Thus, conceding for purposes of this Application that Section 9.3.a.3 is not entirely clear, it appears from its language that the Petitioner would be entitled to the issuance of a building permit for the deck and patio. Alternatively, Section 9.3.a provides that, "In the event that the Zoning Enforcement Officer [Building Commissioner] detennines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood."- The eighborhood."_ The Petitioner's case in support of the issuance of such a special permit is more fully set out in her Application for Special Permit, also filed with the Board. In summary, the Petitioner's position is that the deck and patio are nearly invisible from neighboring properties and that nearly all of the homes in the neighborhood are similarly improved by decks, patios, pools, sheds and other structures located within current yard setbacks on similarly sized lots. Accordingly, the deck and patio present no "substantial detriment" to the neighborhood and, certainly, are not "substantially more detrimental than the Property's existing, non -conforming house. For further detail, the Board is directed to the Petitioner's Application for Special Permit. FANew-Docs\Robbins, Christine E103-418 N. AndoveAaddendum to finding application.doc Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Addmss 45.0 23 Marshall, Albert 22-24 Autran Ave Abutters Properties Map Parcel Name Ad res 45.0 1 Sturgis, Mark 573 Mass Ave. No Andover, MA 01845 45.0 2 Moriarty, John 579 Mass Ave. No Andover; MA 01845 45.0 4 Keating, Laurie . 23 Autran Ave. No Andover, MA 01845 45.0 5 Autran Avenue Trust 31 Autran.'Ave. No Andover, MA 01845 45.0 6-OOOO.R Burke, Paul 37 Autran Ave. No Andover, MA 01845 45.0 6-00001 Blackstock, David 39 Autran Ave No Andover, MA 01845 45.0 8 Golan, William 51 Autran Ave. No Andover, MA 01845 45.0 19 Torrisi, Donald & Kenneth 56 Autran Ave. No Andover, MA 01845 45.0 0020-0001 Mcnutt, Ronald 44 Autran Ave. No Andover, MA 01845 45.0 0020-0002 Rowen, James 46 Autran Ave No Andover, MA 01845 45.0 21 Gasparello, Mark 36 Autran Ave. No Andover, MA 01845 45.0 22 Longo, John 28 Autran Ave. No Andover, MA 01845 45.0 24 Connors, Paul 18 Autran Ave. No Andover, MA 01845 45.0 25 Poitras, Brian 12 Autran Ave. No Andover, MA 01845 45.0 26 Josephs, Alice 591 Mass Ave. No Andover, MA 01845 45.0 27 Mironovich, Leonard 595 Mass Ave. No Andover, MA 01845 45.B 1 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 453 2 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 3 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 5 Miele, Gloria 10 Adams Ave. No Andover, MA 01845 45.B 6 Perkins, Robert 16 Adams Ave. No Andover, MA 01845 45.6 6 Conroy, David 18 Adams Ave. No Andover, MA 01845 45.B 8 Round, Bruce 30 Adams Ave. No Andover, MA 01845 Date Page of N E Cr [� OCT 2 BOARD OF APPEALS U l:; rr e Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 45.0 23 Marshall, Albert 22-24 Autran Ave Abutters Properties Map Parcel Name Ad ress 45.0 1 Sturgis, Mark 573 Mass Ave. No Andover, MA 01845 45.0 2 Moriarty, John 579 Mass Ave. No Andover; MA 01845 45.0 4 Keating, Laurie 23 Autran Ave. No Andover, MA 01845 45.0 5 Autran Avenue Trust 31 Autran Ave. No Andover, MA 01845 45.0 6-OOOO.R Burke, Paul 37 Autran Ave. No Andover, MA 01845 45.0 6-00001 Blackstock, David 39 Autran Ave No Andover, MA 01845 45.0 8 Golan, William 51 Autran Ave. No Andover, MA 01845 45.0 19 Torrisi, Donald & Kenneth 56 Autran Ave. No Andover, MA 01845 45.0 0020-0001 Mcnutt, Ronald 44 Autran Ave. No Andover, MA 01845 45.0 0020-0002 Rowen, James 46 Autran Ave No Andover, MA 01845 45.0 21 Gasparello, Mark 36 Autran Ave. No Andover, MA 01845 45.0 22 Longo, John 28 Autran Ave. No Andover, MA 01845 45.0 24 Connors, Paul 18 Autran Ave. No Andover, MA 01845 45.0 25 Poitras, Brian 12 Autran Ave. No Andover, MA 01845 45.0 26 Josephs, Alice 591 Mass Ave. No Andover, MA 01845 45.0 27 Mironovich, Leonard 595 Mass Ave.. No Andover, MA 01845 45.B 1 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 2 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 3 Angles, Alberto 561 Mass Ave. No Andover, MA 01845 45.B 5 Miele, Gloria 10 Adams Ave. No Andover, MA 01845 45.B 6 Perkins, Robert 16 Adams Ave. No Andover, MA 01845 45.B 6 Conroy, David 18 Adams Ave. No Andover, MA 01845 45.B 8 Round, Bruce 30 Adams Ave. No Andover, MA 01845 Date Page of EGrE OCT 2 BOARD OF APPEALS 3 -` See '4 j 10 AN ,00-OE.8L S lo$ 0 2 C7 C7 3 C/) 0 d > 0 u w cj I C> 4 > 0 W li AN ,00-OE.8L S lo$ '4 w u w 0 N1 0 W li .09 1-171 HOO-OCAL X F 7 ADTRAN AVENUE (40 FT. PUBLIC WIDTH) CO ui IL IL Lu 0 0 ca 0 0 AN ,00-OE.8L S lo$ .09 1-171 HOO-OCAL X F 7 ADTRAN AVENUE (40 FT. PUBLIC WIDTH) CO ui IL IL Lu 0 0 ca 0 0 0 8 M m ,L G .- M „00-0&o8L S .0S ,05114-1 E1,60-0&o8L N 13' ADTRAN AVENUE (40 FT. PUBLIC WIDTH) O N C= cla E G�2 V O o M (ti rU wzV aw��o W `n V' p O O x z IWN V) N�" V N W Qi 8 M m ,L G .- M „00-0&o8L S .0S ,05114-1 E1,60-0&o8L N 13' ADTRAN AVENUE (40 FT. PUBLIC WIDTH) O N C= cla E G�2 V O o M (ti rU wzV aw��o W `n V' �wW -, U A F G4 �z� zz� 5 a ¢ a o z IWN V) N 8 M m ,L G .- M „00-0&o8L S .0S ,05114-1 E1,60-0&o8L N 13' ADTRAN AVENUE (40 FT. PUBLIC WIDTH) O N C= cla E G�2 V O o