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HomeMy WebLinkAboutMiscellaneous - 50-52 Second Street 5ec o n cj 64- J i r i s6 - sZ r q-0 t3- d � 0 Le al Notice TOWN OF NORTH ANDOVER- MASSACHUSETTS BOARD OF APPEALS NOTICE O` HO(tT e 9 10 -17 s i -is SACHU5E June 21,1982 Notice is hereby given tha',the Boaro of Appeals wiG give a hearing at the Town Buiiding, North Andover, on Monday evenino the 12th day of July 1982,at 7:30 o'clock,to all par- lies interested in the appeal of MAUREEN J. JOYCE requesting a variation of Sec. 7, Par- 7.2 and Table 2 of the Zoning By Law so as to permit the subdivi- sion of a lot and construction of a two-family dwelling on the lot having less than the required frontage on the premises, located at the South side of Se- cond Street and known as 50-52 Second St,eet. By Order of the Board of Ap- peals. Frank Serio,Jr.,Chairman Publish North Andover Citizen: June 24 and July 1, 1982. C17-1057. Legal Nivice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE NORTH4. 9 o f- A �SSACHUSE June 21,1982 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evenino the 12th day of July 1982,at 7:30 o'clock,to all par- ties interested in the appeal of MAUREEN J.JOYCE requesting a variation of Sec. 7, Par. 7.2 and Table 2 of the Zoning By Law so as to permit the subdivi- sion of a lot and construction of a two-family dwelling on the lot having less than the required frontage on the premises, located at the South side of Se- cond Street and known as 50-52 Second Street. By Order of the Board of Ap- peals. Frank Serio,Jr.,Chairman Publish North Andover Citizen: June 24 and July 1, 1982. C17-1057. w ! ► A.aaaw ti„roE�''OR•Th� • t�.i 3?•�t��oR�r!p Oot i jF APRILM i_29► 1555 ; '•w yS`sACHU`-��'.1�4 P��t�www TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . .June . 21 . . . . .19.82 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. Mon day. evening. . . . . . . the 12th day of . . . .Ju1y. . . . . . . . . . . . . 19.8 2 , at 7.,.317clock, to all parties interested in the appeal of . . . . . . . .MAUREE.iV. J.•. . J.QYC.E . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Sec.. 7 ,. .P a r. . .7. 2. .Xdf)tXd ZK&HgX RUMIMIXU M#il+t. and. Table . 2. .of .th.e . 7..o.ni.ng. By. Ia« . s.o . as. . t.o .pe.rmi.t . t.he. .sub.di v.i.s ior) . .o.f a. 1.ot. .and. . constr. uc.tion . o.f. a. .tw q.7fa.mi1.Y. . welling on the . lot. havi.ng. .les.s . t.han. .th.e . r.equi.r.e.d . fro n t.a g e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . the. South . s.i d e. .of Second Street . a.nd. .kno.wn. as . 50-5.2 . S.eco.nd. Str.eet... . By Order of the Board of Appeals Frank Setio , Jr. , Chairman Publish : Citizen . June 24 .and July 1 , 1982 from the desk of Ralph R. Joyce Rsnr ,r Frx>m:Rotwi dana,,Co,K OBox i??e^k�.�3irt:u�<g�asn,Al, 4202 :4IP A c w •. NORTM F p • k ,SSACNUset TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16 , 1962 Maureen J . Joyce 50-52 Second Street Petition No . 27- 182 Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening , July 12 , 1982 upon the petition of Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on June 24 and July 1 , 1982 and all abutters were notified by regular mail . The following members were present and voting at the public hearing : Frank Serio , Jr. , Chairman ; William J . Sullivan ; Augustine W . Nickerson ; Walter F , Soule ; and Maurice S . Foulds , The Board rendered their decision on August 9 , 1982 with members Serio , Sullivan , Nickerson and Foulds present and voting . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7 . 2 and Table 2 of the Zoning By Law so as to per- mit the creation of a lot having less than the required frontage located at the premises known as 50-52 Second Street . The petitioner ; through counsel ; testified that the land was purchased recently by her . There are two structures on the premises . The structure located on Lot A. is a legally non- conforming four-family dwelling . No changes are proposed for this lot and Lot A was found to be in compliance with the North Andover Zoning By Law with respect to set-back , frontage , and area. Located on Lot B , and partially on Lot A , is a legally non-conforming cinder-block garage which has been used for business purposes in the past ... The petitioner proposed to raze the existing cinder-block structure on Lot B and construct a duplex within the setback required by the Zoning By Law . The petitioner offered to eliminate any non-conforming status as to the use of the cinder-block building . The shape of the property does not allow the subdivision without the variance . Maureen J . Joyce Petition No . 27- ' 82 August 16 , 1982 Page 2 The Building Inspector, Charles Foster , was present to refute the existence of any non -conforming rights in the utilization of the cinder-block building . There was evidence presented as to the date of its construction and the nature of the Building Inspector ' s decision at the time of its construction . There was further evidence presented as to the use to which the building had been put since its erection in the early fifties . The petitioner offered further testimony as to the nature of the apartment building that was presently being operated . She maintained that in order to keep the premises attractive for residential purposes , the utilization of the cinder-block building in a non -conforming manner constituted a detriment to the apartment complex and a hardship upon her in managing the property. Evidence was further introduced that the building was unattractive and constituted an eye-sore to the neighborhood , and that its removal was , in fact , an improve- ment and did not in any manner deter from the community at larae or from the area surrounding the premises . Several abutters were present and the public hearing to voice their objections to the proposal . The Board on August 9 , 1982 , upon a motion made by Mr .. Sullivan and seconded by Mr . Foulds , unanimously granted the variance requested and imposed thereon the following conditions ; 1 • That the cinder block building located on Lot B be razed prior to the issuance of any building permit affecting Lot B . 2 . That any rights to utilize the cinder block building in any non-conforming manner be abandoned by the petitioner, her heirs and assigns in title . 3. That the plans presented to the Board be modified to show parking adequate to the requirements of the North Andover Zoning By Law for Lots A and B . 4. That the plans be further modified to show that each lot will have a separate driveway serving the premises located thereon . 5 . That a fence be erected at the boundary line between Lot A and Lot B , beginning at the point in the . land snow or formerly of Nicosia and running in a oenerally Southwesterly direction by the said lot line approximately 100 feet . The Board found as a natter of fact , that while the extent and nature of the non-conforming uses is subject to dispute , that rights exist to utilize the property in a non -conforming manner { Maureen J . Joyce Petition No . 27- 182 August 16 , 1982 Page 3 and that such utilization constitutes a substantial hardship . It was further found that due to the non-conforming status in business use of the property in the past , that the parcel was in fact unique to the R4 zoning district , and the difficulties present on the premises with the use of the non-conforming uses were unique to such parcel and not affecting other parcels located in R4 districts . It was further found that the hardship would continue to exist due to the shape of the lot and that there was no possible way to subdivide the lot and allow the termination of the non-conforming uses without granting the variance for frontage for the newly created lot . The Board further found that the Qranting of this variance was in the public interest and did not constitute detriment to either the community or the neighborhood . The Board further found as a matter of fact that the petitioner had almost three times the area requirement of the R4 district and such area could not be further divided due to the shape of the lot . The maintenance of such area was found to additionally support the hardship requirement of the petition and its sub- division did not present a detriment to the neighborhood or derogation from the intent of the Zoning By Law . The premises were also found to be unique in that other lots in the R4 districts and in the neighborhood did not posses such an ex- cessive amount of area . The Board further found that the petition if granted would neither nullify nor substantially derogate from the intent or purpose of the Zoninn By Law in that the proposed use is con- sistent with the uses allowed in R4 districts , and in fact extinguishes non-conformity within the neighborhood and returns the neighborhood to a more homogeneous nature . Sincerely , BOPRD OF APPEALS Frank Serio , Jr . , Chairman Jw ( Plan to follow) • r ' 41,00o, �v The Board of Appeals held a public hearing on Monday evening , July 12, 1982 upon the Petition of Maureen//J. Joyce . The hearing was advertised in the North Andover Citizen on Jud ajand July -V, 1982, and all abutters were notified by regular mail . The following members were present at the public hearing : Frank Serio , Jr . , Chairman; William J. Sullivan; Augustine W. Nickerson; Walter F. Soule ; and Maurice S. Foulds. The Board rendered their decision on August 9 , 1982 with Members Serio, /Sullivan, Nickerson , and Foulds present and voting . I The Petitioner seeks a variance from the provisions of Section 7 , Paragraph,q 7 . 2 and Table 2 of the North Andover Zoning By-Law so as to permit the creation of a lot' having less than the required frontage located at the premises known as 50-52 Second Street, North Andover .' The Petitioner , through counsel , testified that the land was purchased recently by her . There are two structures on the premises . The structure located on Lot .A ' is a legally non-conforming four- family unit. No changes are proposed for this lot and Lot A was found to be in compliance with the North Andover Zoning By-Laws with respect to setback , frontage and area. Located on Lot B, and partially on Lot A, is a legally non-conforming cinder block garage which has been used for business purposes in the past. The Petitioner proposed t raze;' the existing cincer block structure Petition Nom$-= �2 Maureen J. Joyce 'Page 2 on Lot B, and build a new duplex housing unit set on Lot B within the setback required by the Zoning By-Law. The Petitioner offered to eliminate any qon-conforming status as to the use of the cinder block building . The- slape of the property does not allow the sub- division withoutAvari.ance . The Building Inspector , Charles Foster , was present to refute the existence of any non-conforming rights in the utilization of the cinder block building. There was evidence presented as to the date of its construction and th' nature of the Building Inspector ' s decision at the time of its construction. There was further evidence presented as to the' use to which the building had been put since its erection " n he early fifties. The Petitioner offered further testimony as to the nature of the apartment building that was presently being operated. She maintained that in order to keep the premises attractive for residential purposes, the utilization of the cinder block building in a non-conforming manner , constituted a detriment to the apart- ment complex and a hardship upon her in managing the property. Evidence was further introduced that the building was unattractive and constituted an eye-sore Ito the neighborhood. That its removal was in fact, an improv ment and did not in any manner deter from the community at large rom. the area surrounding the premises . f. Several abutters were krese ,'t at the public hearing to voice their objections to the o sal . The Board found as a matter of fact, t t while the extent and nature of the non-conforming uses is s ject to dispute , that rights exist to utilize the property n a non-conforming manner , and that such utilization constitut s a substantial hardship. It was further found that due to the on-conforming status in business use of the property in the past, that the parcel was in fact unique to the R4 Zoning District, and he difficulties present on the premises with the use of the on-conforming uses, were unique to such parcel and not affectin other parcels located in R4 Districts. It was further found that t e hardship would continue to exist due to the shape of the to and that there was no possible way to subdivide the lot and llow the termination of the non-conforming uses without granting va iance for frontage for the newly created lot. The Board further ound that the granting of this variance as in the public inter st and did not constitute detriment to either the communit o the neighborhood. The Board further found that the petition if granted, would AdL neither nullify nor substantially derogate from the intent or purpose of the Zoning Ordinance in that the proposed use is consistent with uses allowed in R4 Districts, and in fact extinguishes non-conformity within the neighborhood and returns Petition N - 82 'Maureen J. Joyce Page 3 the neighborhood to a more homo eneous nature . �0A The Board on August 9 ,1982 , upon a Motion made by e and seconded by Mr . , unanimously granted th variance requested and imposed t reon, the following condi ons: 1 . That the cinder blo k building located o Lot B, be razed prior to the issuance of a building permit ffecting Lot B. 2 . That any rights to uti ize the cin r block building in any non-conforming manner , be abandoned y the Petitioner , her heirs and assigns in title. 3. That the plans presented o e Board be modified to show parking adequate to the requirem is of the North Andover Zoning By-Law for Lots A and B. 4 . That the plans be fur er mo ified to show that each lot will have a separate drive ay servi the premises located thereon. 5. That a fence be erected at the undary line between Lot A and Lot B, beginning at the point in t land now or formerly of Nicosia and runnin in a generally South esterly direction by the said lot line app ximately 100 feet'. Sincerely, NORTH ANDOVER BOARD OF APPEALS Frank Serio, Jr . Chairman psw LR L ✓�( ,�, 40 0�j � � Any appeal shall be filed fN0RTIY within,42.0)'taYs after the date of filing of this Notice 4 h: �MIL7" .� i AN.I?� Li�fi;t ,. - the Office of the Town :�'• 18Sgg:� TtF#% In '►ssgcHus``,', NOrTi-, ,;; ;0VER Clerk. TOWN OF NORTH ANDOVER AUG 18 1 26 PM '82 MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . .p U g.u s t. .16. . . .1.9.82— Petition No.. . 2 7:= ' 8 2 Date of Hearing. . .July 12 , 19 8 2 Petition of . . . . . .Maur e. n J:. Joyce . . . . . . . . . . . . . . . . . . . .. Premises affected . . . .5 0.-.5 2 Sec o n_d . S.t r e e.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . 7 q n i n.g: B.y L.a w Section 7 , Paragraph 7. 2 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the . s,u b d.i.v i s.i o n. .o.f. . a. .l o.t . a.n d. .c o n s.t r.0 c t.i.o n. .o f. .a . .two. . . . . . fami l.y. .dwe.l.l i.ng. .hay.i.n9. .1 es.s . .tha.n . t.he. .r.eq.ui r.ed. .f.r. o.nta.ge .. . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRA N T. . . . the v a ria n c e . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . .Mau r e e.n . :J. . J.o Y.c.e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1 . That the existing 12 story cinder block garage located on Lot B be razed prior to the issuance of a building permit. 2 . That the plans be modified to show that each lot will have its own driveway. servina the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B , beginning a.t the poinBigned in the land N/ F of Nicosia and running in a generally Frank . S.e0.o ,. .Jr..., . C.hai.rma.n . . _ . . . Southwesterly direction by the said lot line approx- Wi. 11i ar; . J... .S.u.l.1 i.van. . . . . . . . . . . . . . . imately 100 feet . Au au.sti.ne. .W .. Ai c.ker.s.on. . . . . . . . . . Mau.r.i.ce. .S... . Foul ds . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals , < MORTI,1 7r V s �Ol•0rrr-fit fir: F 7C'YER \ Gb sZ^ +(�1 P,I ,8� ,SSACMUS�S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16 , 1982 Maureen J . Joyce 50-52 Second Street Petition No . 27 ' 82 Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Lona : The Board of Appeals held a public hearing on Monday evening , July 12 , 1982 upon the application of Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on June 24 and July 1 , 1982 and all abutters were notified by regular mail . The following members were present and voting at the public hearing : Frank Serio , Jr. , Chairman , William J . Sullivan , Augustine lel . Nickerson , Walter F. Soule , and Maurice S . Foul ds . The Board rendered their decision on A.uaust 9 , 19j2 with the followine members present and voting : Serio , Nickerson , Sullivan , and Foulds . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7 . 2 and Table 2 of the Zoninc By Law so as to permit the creation of a lot having less than the required frontage on premises located at 50-52 Second Street . The petitioner testified , through counsel , that the land was purchased by her recently . There are two structs!res on the premises . The structure located on Lot A is a legally non - conforming four-family dwelling . No changes are proposed for this lot and Lot A was found to be in compliance ,with the North Andover Zoning By Law with respect to setbacks , frontage , and area . Located on Lot B and partially on Lot A is a legally. non-conforming cinder block garave which has been used for business purposes in the past . The petitioner proposes to raze the existing cinder block structure on Lot B and construct a two far;ily dwelling with.in the setbacks required by the Zoning By Law . . The petitioner proposes to eliminate any non -conforming status as to the use of the cinder block building. The shape of the property does not allow the subdivision without the variance . � w Maureen J . Joyce RECctt,��p Petition No . 27- ' 82 DANIEL L 0 P To:;- cI ER.K August 16 , 1982 NORT- 1 _ DOYER Page 2 AUG 18 126 PM '82 Several abutters were present at the public hearing to voice their objection to the petition . At the July 12 , 1982 meeting , the Board instructed the petitioner to make revisions to the plan of land . The petitioner submitted the revised plans on August 9 , 1982 when the Board rendered their decision . Upon a motion made by Mr. Sullivan and seconded by Mr . Foulds , the Board voted unanimously to grant the variance Subject •ta the following conditions : 1 . That the existing 1z story cinder block garage located on Lot B be razed prior to the issuance of a building permit . 2 . That the plans be modified to show that each lot will have its own driveway serving the premises located thereon . 3. That a fence be erected at the boundary line between Lot A and Lot B , beginnina at the point in the land now or for- merly of Nicosia and running in a generally Southwesterly direction by the said lot line approximately 100 feet . The Board finds that the unusual shape of the parcel in that the major portion of area was located to the rear constitutes a hardship to the petitioner . Further , the Board finds that due to the non-conforming status of the business use of the property in the past , the parcel is in fact unique to the R74 zoning district . The Board further finds that the granting of the variance will neither nullify nor substantially derogate from the intent and purpose of the Zoning By Law in that the proposed use in con- sistent with the uses allowed in the R-4 district and , in fact , extinguishes non-conformity within the neighborhood and returns the parcel to its residential status , and , therefore , does not constitute a detriment to the public good . Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman FS/jw ( Plan to follow) '"O"N Received by Town Clerk ; a Date TOWN TOWN OF NORTH ANDOVER, MASSACHUSETTS « 1 BOARD OF APPEALS " � ��• Ti meNP f _R j�CHU•� JON 21Notice : This application must be typewritten r ��yy r APP�LI"�AAW FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant MSU*KyltN Address 1 . Application is hereby made ti D, i7o CJS (a) For a variance from the requirements of Section -_ Paragraph 7— and and Table 2 of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . (a) Premises affected are land and building(s ) numbered `SD---!S-z_ S EColy;7 Street . (b) Premises affected are property with frontage on the North ( ) South ( X) East ( ) West ( ) side of s coyF7 Street , and known as No. 3ECewp Street . (c) Premises affected are in Zoning District 1/7- y , and the premises affected have an area of square feet and frontage of f 3 ®' square feet. 3. Ownership (a) Name and address of owner ( if joint ownership , give all names ) : (kapssaoau i s4aa4s It?uoL4tppp as0 ) r LAW OFFICES OF (. ! ( __i�l� REGINALD L. MARDEN, P.C. l:G..'4 i;';y••1;OVR 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01810 SEP 3 2 a f Ci tU� TEL. (617) 470-0477 REGINALD L. MARDEN STEPHEN J. BANDOIAN_ WILLIAM W. CORCORAN OF COUNSEL CHARLES F. FOSTER MARK B. JOHNSON September 2, 1902 Mr. Daniel Long Town Clerk Town of North Andover North Andover, MA. 01845 Re: Casserly et al V. Serio, et al u8�-t4e� Dear Mr. Long: Enclosed, pursuant to Massachusetts General Laws Chapter 40A, Section 17 you will find a copy of the Complaint filed in the Essex County Superior Court, appealing the granting of a variance to Maureen J. Joyce. Very truly yours Reginald. L. Marden RLM/mmc enc. cc: Certified Mail-Return Receipt Requested to: Frank Serio, Jr. William J. Sullivan Augustine W. Nickerson Maurice S. Foulds Alfred Frizelle Richard Trepanier Walter Soule Raymond Zivenzio Maureen J. Joyce Q COMMONWEALTH OF MASSACHUSETTS ' Essex, ss Superior Court No.�� - t9 � `� James J. Casserly, Roland A:-Giard, Stephen R. Doherty, Jr. ,' John. J. Cyr, Jr and Peter Raadmae Plaintiffs v. COMPLAINT Frank Serio, Jr., William J. Sullivan, Augustine W. Nickerson, Maurice S. Foulds, Alfred Frizelle, Richard Trepanier, Walter Soule, Raymond Zivenzio as they are members of the Board of Appeals of North Andover and Maureen J. Joyce Defendants JURISDICTION 1 . This is an action brought pursuant to Massachusetts General Laws Chapter 40A, Section 17 to appeal the granting of a variance by the Board of Appeals, Town df North Andover, Massachusetts. PARTIES 2. The Plaintiff James T. Casserly is an adult individual residing -at 55 - Second Street, North Andover, Massachusetts. 3. The Plaintiff Roland A. Giard is an adult individual residing at 57 Second Street, North Andover, Massachusetts 4. The Plaintiff Stephen R. Doherty, Jr. is an adult individual residing"`i,:-;,` , at 65 'Second Street, North Andover, Massachusetts. 5. The Plaintiff John J. Cyr, Jr. is an adult indivival residing at 38 Second Street, North Andover, Massachusetts. 6. The Plaintiff Peter J. Raadmae is an adult individual residing at 45' Second Street, North Andover, Massachusetts. 7. The Defendant Maureen J. Joyce is an adult individual residing at 428 Pleasant Street, North Andover, Massachusetts. 8. The Defendant Raymond Zivenzio is an adult individual-residing at 11 Appledore Lane, North Andover, Massachusetts. 9. The Defendant Frank Serio, Jr. is an adult individual residing at 250 Hillside Road, North Andover, Massachusetts. 10. The Defendant William J. Sullivan is an adult individual residing at 405 Salem Street, North Andover, Massachusetts. LAW OFFICES OF �, REGINALD L HARDEN. P.C. �1 • The Defendant Richard Trepanier is an adult individual residing at 308 Mass. Avenue, North Andover, Massachusetts 27 CENTRAL STREET ANDOVER. MASS.01810 TKU (017) 470.0477 12. The Defendant Augustine W. Nickerson is an adult individual residing at 100 Moody Street, North Andover, Massachusetts. 13. The Defendant Alfred Frizelle is an adult individual residing at 131 Appleton Street, North Andover, Massachusetts. 14. The Defendant Maurice S. Foulds is an adult individual residing at 40 Wentworth Avenue, North Andover, Massachusetts. 15. The Defendant Walter Soule is an adult individual residing at 70 Raliegh Tavern Lane, North Andover, Massachusetts. 16. The Defendants Soule, Foulds, Frizelle, Nickerson, Trepanier, Sullivan, Serio and Zivenzio are the members of,the Board of-Appeals of North Andover, Massachusetts. ALLEGATIONS 17. The Defendant Maureen J. Joyce on April 20, 1982 filed a request for a variance from the frontage and side set requirements as 'they effect,. ,. 50-52 Second Street, North Andover, Massachusetts. A certified copy is attached as Exhibit A. 18. On June 18, 1982, the Defendant Board of Appeals of North Andover filed with the Town Clerk its Notice of Decision denying Joyce's request for a variance. A certified copy is attached as Exhibit B. 19. The Defendant Joyce did not appeal said decision. 20. The Defendant Joyce is the petitioner in a request for a variance from the provisions of Section 7, par. 7.2 and table 2 of the North Andover Zoning by-laws (frontage requirements. A certified copy is attached : . as Exhibit C. 21.- On August 18, 1982, the Defendant Board of Appeals' filed with the Town Clerk its notice granting Joyce's request for a variance. A .certified copy is attached as Exhibit D. 22. The Plaintiffs are all persons aggrieved by the decision ofhetBoard .. of Appeals,filed with the Town Clerk on August 18, 1982. 23. The decision of the Board of Appeals exceeds its authority as.. (a) there are no circumstances relating to the soil condition, .shape or topography of the land or structures especially. effecting :such land or structures but noteffecting generally the zoning district ;in which the land is located; (b) a literal enforcement of the provisions of the by-law would not invoke a substantial hardship to Joyce; (c) the granting of the variance causes substantial detriment to the public good and nullifies or substantially derogates from the intent and purpose of the law; (d) violates Massachusetts General Laws, Chapter 40A, Section :16. WHEREFORE, the Plaintiffs demand: LAW OFFICES OF 1. That the"decision of the Board of Appeals be annulled; . REGINALD L MARDEN. P.C. 2. That this Honorable Court grant such other relief deems just and " CENTRAL STREET appropriate. ANDOVER. MASS. 01510 James J. Casserly et al by their attorney TSL* 1917) 470-0477 Dated: September 2, 1982 Reginald L. Marden 23 Central Street, Andover, MA. 01810 (617) 470-0477 70Qu I-eel? Aja -rO - SZ sforA V t G' a � a � C� � cl'(1� Legal Notice TOWN Or'_' - - NORT;:ANDOVEFi MASSACHUSETTS BOARD OF F. r APPEALS NORTN A t Sao • h' O - 3�0�wA • O� n _ �,SSACNUS� April 20,1982 Notice is hereby given that the Board of Appeals will give a- hearing at the'Town Building,. North Andover,- on Monday. evening the 10th day of May 1982,at 7:30 o'clock;to all par-- ties interested in the appeal of MAUREEN J.JOYCE requesting a variation of Sec. 7, Par. 7.2, • 7.3 and Table 2 of the Zoning By taw.so as to permit the creation . of a lot having less than the re- quired frontage and set backs on the premises, located at the _South side of Second Street and known as 50-52 Second Street. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish North Andover Citizen, April 22 & 29, , 1982. B10-1057 - Legal Notice TOWN OF,. NOQ4NDOVER MASSACHUSETTS` BOARD OF APPEALS NORTH O P ��SSACHus� April 20,1982 Notice is hereby given that the Board of Appeals will give a• hearing at the-Town Building,- 'North Andover; on Monday evening the 10th day of May 1982,at 7:30 o'clock;to all par-.: ties interested in the appeal of MAUREEN J.JOYCE requesting a variation of Sec. 7, Par. 7.2, 7.3 and Table 2 of the Zoning By taw.so as to permit the creation of a lot having less than the re- quired frontage and set backs on the premises, located at the South side of Second Street and known as 50-52 Second Street. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish North Andover Citizen, April .22 & 29, 1982. B10-1057 Nc+s,t'sl►�at�t+r.+ia►R.+e<.; c *� .�.� ea (�..i APRIL71V :M J. w,y; 1855 •� '�h�ACHug�i4, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . .AP.ri 1. .20. . . . .19. R2 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. . M.Q n day .e V ext.i OP . . . . . . . the .10 t.11 day of . . . . ."a Y. . . . . . . . . . . . . . 19. Q 2 , at.7'M�lock, to all parties interested in the appeal of 'IAVEEN J . JOYCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Sec.7 3 . P.a r. 7. 2 , Xf< . iINMU&MYA . .7..3 . a.n.d. .TO.l.e . 2—of .th.e . Zoni ng 3y Lau, so .as . to. .per.m.it. the. .creat.io►i of a lot having less than the eequired frontage and set backs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. t I''. .S o.0.t h. .si. .de. .o f. Second . . . . . . . . . . . . . . . Street and known as 50 -52 Second Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio , Jr. Chairman Publish : N .A. Citizen : April 22 & 29 , 19,02 June 3 , 10,82 Atty . Ralph Joyce 160 Pleasant Street rNorth Andover, Mass . 01S45 ill Dear Ralph : Please subutit the amount of '10- 40 to cover the cost of mailing tiie legal notices for your petition before the Board of Appeals . Your check should be made payable to the Town of North Andover and ma.,, be sent to fny attention at the Town Hall . Sincerely , Jean E . White , Secretary 6 NORTH ANDOVER BUILDING DEPARTMENT f NORT"1 120 MAIN STREET 3?:�t ,ac '. •�ppt NORTH ANDOVER, MA 01843 � p SACMU INSPECTOR OF BUILDINGS TEL. 688-8102 ELECTRICAL INSPECTOR GAS INSPECTOR June 14, 1982 Board of Appeals Town Office Building North Andover, Ma. Gentlemen: As per your request, I have investigated the non—conforming use of the property on Second Street previously owned by Kent. I researched the Zoning By—Laws and maps back to 1943. Since that time, the area in question has been zoned residential. In any residential zone, no business use has been allowed except for customary home occupations. It would appear that the Kents established their business there and expanded it through the years, but since no one complained, they were never cited for violating the zoning. Their oil and moving business could in no way be called a customary home occupation. Therefore, it is my opinion that no lawful, non—conforming use of the premises has been established by Kent, the owner prior to the purchase of the property by Maureen Joyce and such non— conforming use may not be continued by the present owner. The only business use of the property that is allowed under the Zoning By—Law would be a customary home occupation, which requires that the owner of the home occupation reside on the premises. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:ad c 0 I MUM HIH TOWN OF NORTH ANDOVER MASSACHUSETTS t NORTI{ Acmu O•tt�eo a�'�'O D May 10 , 1982 Board of Appeals Town Office Building North Andover , Mass . 01845 Re : Petition No . 20 - ' 82 = Joyce Gentlemen : The proposed re-use of the existing garage into a two-family dwellinq would result in providing additional housing and im- proving the visual quality in this particular neighborhood . This area is located within the town ' s designated target area for which a $2 ,400 ,000 HUD grant has been secured to perform various improvements , including housino rehabilitation , down - town revitalization , and other physical improvements . Very truly yours , Susan M . St . Pierre , Town Planner SMS/jw �yua ;ti ►J NORTtf • ?� Moto Any appeal shall be filed "'" '� ��, � within (20) days after the oj•� ��,,.. ,.� : EEK ".ssacrius��;• date of filing of this Notice ypl:;;,. r. •►•-•Y� in the Office of the Town �� `� �� � TOWN OF NORTH ANDOVER Clerk, jUN MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . .J u n e 2 2, 19 8.2. . . . . Petition No.. . . 2.0. . '-8.2. . . . . . . . . Date of Hearing. M a y 10 , 1.9.8 2 Petition of . . . . . .M A.0 R E.E.N. J. . J.0 Y.0.E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .5 07.5 2. .Sec.o n d_ S t.r e e.t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . 7..0 n i.n g. By. .L a w . 5e.ct.i.on. .7,. .Pa.r.. . .7... 2.. .7...3 . a.nd. .Tab.1e. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the. . cr.eatjon. .of. .a. :1.ot. .h.a.vin.g . 1.es.5. .th.an. .the. .re.qu.i.r.ed. . . . . frontage. . an.d . s.et. .ba.c.ks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .D E N.Y . . . . . the v a.r. i a.n c e. . . . . . . . . . . . . . . . . . . . . . . .)WWLW"X�n'�1�& XtbK)MAIA �X ! -X Xt XiW isftX ( . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio.,. _Jr... , _ Chai.rma. . . . . . . . . . . . Wi11iam . J... . S.ulli.van . . . . . . . . . . . . . . . . . Augusti.ne. .W .. .NJ c_kerson. . . . . . . . . . . . . 114 a 1 t.e r. .F.. .Sou1 e. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ` PECE!Vi.0 pMO oTF',.y 0 TO .ti ': i E R K A JUN i lL 53 PH � {. ,SSACMUstt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1982 Petition No . 20- •82 Maureen 0 . Ooyce Premises Affected ,- 50-52 ffected ;50-52 Second Street Vr. Daniel Long , Town Clerk Town Office Building North Andover, -Mass . 01845 Dear Mr . Long ; The Board of Appeals held a public hearing on Monday evening , May 10 , 1982 upon the petition of Maureen J . Joyce . The hearing was advertised in the North Andover Citizen on April 22 and 29 , 1982 and all abutters were notified by regular mail . The following members were present at the public hearing : Frank Serio , Jr . , Chairman ; nidi l l i am J . Sul l i van4 Augustine 41. Nickerson ; Walter F . Soule ; and Maurice S . Foulds . The Board rendered their decision on June 14 , 1982 with Members Serio , Sullivan , Nickerson , and Soule present and voting . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 2 and 7 . 3 and Table 2 of the Zoning By Law so as to permit the creation of a lot having less than the required frontage and set backs on premises located at 50-52 Second St . The petitioner , through counsel , testified that the land was purchased recently by her . There are two structures on the premises . The structure located on Lot A, is a legally non - conforming four-family unit . No changes are proposed to this lot . Located on Lot B is a legally non -conforming cinder block garage which has been used for business purposes in the past . The petitioner proposes to convert the structure on Lot B into a two-family unit , thereby eliminating the non-conformance . The shape of the property does not allow the subdivision without the variance . J '" RECEI`1FD Petition No . 20 - ' 82 DAWE0 Maureen J . Joyce TOd'� Page 2 NOR TV' j. ZZ I2 53 PM '9Z Several abutters were present at the public hearing to voice their objection to the proposal . At the June 14 , 1982 meeting , a letter from the Building Inspector was received by the Board which stated that no lawful non -conforming use has ever been established for the premises . Upon a motion made by Mr .; Soule and seconded by Mr . Sullivan , the Board voted unanimously to deny the request . The Board finds that Section 10 . 4 of the Zoning By Law has not been satisfied . Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman jw NORTH Ot4 .ao ua1ti0 IO p t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO - PARTIES IN INTEREST RE : PETITION OF MAUREEN J . JOYCE DATE : JUNE 24 , 1982 Enclosed please find the Notice of Decision regarding property at 50-52 Second Street . Also enclosed is a copy of a legal notice for a public hearing to be held on Monday evening , July 12 , 1982 concerning the same property. Please note that the two enclosures pertain to separate petitions , but because of budget restraints , are being sent to you together . 0 Received by Town Clerk : .•� •,�. RECEIVED Date : /°I �Z TOWN OF NORTH ANDOVER, MASSACHUSETTSDANIEL !.ONG " �► ..+r�c..� BOARD OF APPEALS 1'OWi# r4 ERS ti,,b,,,,•,. ,� Time : NORTH ANDOVER S�,�H�.•� Notice : This application must be typf!wriiFttAPR IU Y 4 PM 1 82 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONIING ORDINANCE Appl i cant /1 I,90t�EEN �-V'_ ./CI—C Address PZ2,15- S7' 1 . Application is hereby made /T a) For a variance from the requirements of Section 7 Paragraph Z 5�-_3 and Table Z_ of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are- land and building(s ) X numbered �0 --,5z SEee217 ST Street . (b) Premises affected are property with frontage on the North ( ) South (X) East ( ) We sif--5- ? C��� Street , and known as No . �a z �,�-�o�;� Street . ( c) Premises affected are in Zoning Dis r '-ct— , and the premises affected have an area of z-5L:-oo square feet and frontage of j 3O square. feet.' 3. Ownership (a,) Name and address of owner (if joint ownership , give all names ) : z sr 5�fz,4S9Av7157- , ® � oU �i Date of purchase _3Zp S'Z_ Previous Owner H/T7Z% (b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building : %V•�I- 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 : stories ; feet . (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 ? S If s o , when? z 3 — //Z 4o6 Eli-57-, %6 _5 7�7'0c T16,7lz- 7-® y 7. Description of relief s ught on this p ti ti on�� C vy `T tllq ',f�G� ©/U F/-76X)T,46 /7ti77 5, r oF- E-7Xe.sT7/- � �d(,c)6 8. Deed recorded in - the Registry of Deeds in Book Page or Land Court Certificate No. Book Page 5/e% �- ia�lr 1 Le al Notice g l_ TOANDOVERWN OF ;'NORTH J f MASSACHUSETTS ` ��� �'- BOD�AR��OF. r APPF NORTH ,' 13 M f SSACNus . April 20,1982 Notice is hegiven thn the Board of Appeal hearing at the'Town Building,, North Andover,- on Monday Ma vening the 10th :day 1982,at 7:30 o'clock;to all par- .ties interested in the appeal of MAUREEN J.JOYCE requesting a variation of Sec:7. Par.7.2, 7.3 and Table 2 of the Zoning By t,aw.so as to permit the creation . of,a'lot having less than the re- quired frontage���c ston the ,premises, he nd Street and South as 50- Second reet- By Order of the Board of Ap peals. Frank Serio,Jr: Chairman Publish North Andover Citizen, April 22 81x129. 1982. i April 22 , 1982 . I Mrs . Maureen J . Ooyce 160 Pleasant Street North Andover, Mass . 01845 Dear tars . Joyce : Enclosed is a copy of the legal notice for your petition before the Board of Appeals . � Please submit $10 .40 to cover the cost of mailing this notice to j the necessary parties . Your check should be made payable to the Town of North Andover and may be sent to my attention at the Town Hal i , 120 Main Street , North Andover , Mass . Sincerely , BOARD OF APPEALS Jean E. White , Secretary jw Enc . I 6 i r\ U I i � j L7 1 of 779 i. G� U, �l AA { 1 ti Y , /l /vL 71 i. 77 1 �b.� v