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Legal Aotice
TOWN OF
NORTH ANDOVER'
BOARD OF APPEALS
NOTICE
December 8. 1982
Notice is hereby given that the
Board of Appeals will give a
heann4-p�at ]he Town Building,
NortN'Andover, on Monday
evening, January10, 1983 at
7:36 p.m.to all parties in-
terested in the appeal of JAMES
C. BRADLEY requesting a review
of a decision made .by the
Building Inspector, the annull-
ent of t
mhe decision of the Board
of Appeals for Petition No.
27-'81, the annulment of the
decision of the .Planning Board
granting Form A approval, the
revocation of building permit No.
244• and for such other relief as
the North Andover Board of Ap-
peals deems fit and proper, all
for the premises located at
Osgood. Wayne, and Concord
Streets. I
By Order of the Board Of Ap- .
peals.
Frank Serio, Jr.
Chairman.
Publish N.A. Citizen: December
16 and 23, 1982 F24:1356
December 8, 1982
U
'Intice is h,2rehy c,iven that the Board of Appeals will give a
hearing at the Town ^uilding, North .Andover on Monday evening,
JJanuary 10, 1113 it 7:30 p. -m. tooall parties interested in the
u
a;)peal or l C. rejuesting a review of a decision
n rude t� Vie ruilding Inspector the annull:ent of the decision
of Vic, "oard of '.;)peals for ^2tition '<o. 2 -'^1, +h;: annulmant
Jthe .1eci si on n f the Ol anni ng °pard granti n j, Fora , approval,
the revocation o" huil,'ing permit "o. 214, and for such other
relief as the l:orth Andover loard of Appeals deef�s Fit and
proper, all for the premises located at 0sgoodi?'gyne, and Concord
streets.
By Order of the Coard of ,Appeals
Cy: Frank Serio, Jr., Chairman
Publish: North Andover Citizen: December 15 and 23, 1982
Send billtto: James C. Bradley
33 Camden Street
North Andover, bass. 01P45
►�"` Any appeal sh.,
: • ,tio within (20) days the.
%3�•�`°��`'T� °� date of filing of this Notice
REOEI'!E�;
lass n:
O �mm?T' .
• in the Office of the Tow
ll.- g•�
TOt<ti "L`Rr '.sSgcClerk.
NORTH KLiOVER
TOWN OF NORTH ANDOVER
JAN 31 2 11 FM '83 MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
January. , 1983
Date..............31..... ........
Petition No... 1- . 8.3 ............ .
Date of Hearing.. January. 10 , 19 8 3
Petition of........JAMES........C.....BRADLEY
..........................................................
Premises affectedConc... ord, Wayne,, .and Osgood. ,Streets
.............................
Referring to the above petition for a revi.ew..o f ..a .
decision made by the Building Inspector; the annullment of the decision
of . the..Board..of. App.eal.s . for. Peti.ti.on. 427-' 8.1; ..the..annul.lment. of. the
decision made by the Planning Board granting Form A approvals the
soxas>twerrs .re.voc.ati.on..of..Bui.lding. Permit .No.... 2.44.;..and. such. .other.. .
relief as the Board of Appeals feels fit and proper.-
........................................................................................
After a public hearing given on the above date, the Board of Appeals voted to ....DENY .. the
........ peti.tion .................. �gco�dxB�i�#x'sx�i
pwM10ft................................................................................
foK i�xotffis�c�t�n �ofr �cabo�ec �ssedx�� io�r�di� �
Signed
Frank. Serio,..Jr..., .Chairman
Richard .J...Trepanier,. Esq.., Clerk
Augustine. W.. Nickerson
Raymond .A...Vi.venzio.... E.sq ....... .
Walter..F ...Soule ................... .
Board of Appeals
TC•s, 4 Li..ERK
A10VER
JAN 31 2 11 PM '83
HORTN
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s o4r
�,SSACHUS t�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Mr. Long:
Any app:�a! s' a'I be flied
within (20) days after the
date of filing of this Notice
In the Office of .the Town.
Clerk.''— .
January 31, 1983
James C. Bradley
Premises Affected:
Concord, Wayne, and
Osgood Streets
Petition No. 1 - 183
The Board of Appeals held a public hearing on Monday evening,
January 10, 1933 upon the application of James C. Bradley. The
hearing was advertised in the North Andover Citizen on December
16 and 23, 1982 and all abutters were notified by regular mail.
The following members were present and voting: Frank Serio, Jr.,
Chairman; Richard J. Trepanier, Esq., Clerk; Augustine W. Nicker-
son; Raymond A. Vivenzio, Esq.; and Walter F. Soule.
The Board rendered their decision at a Special Meeting held on
Tuesday evening, January 18, 1983 with members Serio, Trepanier,
Nickerson, Vivenzio, and Soule again present and voting.
The petitioner seeks a review of a decision made by the Building
Inspector; the annullment of the decision of the Board of Appeals
for Petition No. 27-'81; the annullment of the decision made by
the Planning Board granting Form A approval; the revocation of
Building Permit No. 244; and such other relief as the Board of
Appeals deems fit and proper, for the premises located at Concord;
Wayne and Osgood Streets.
The petitioner testified through counsel that misstatements occurred
in the application for a building permit for the land in question.
A variance was granted by the Board of Appeals on July 21` 1981,
but was never -perfected since it was not recorded at the Registry
of Deeds. A subsequent plan was approved by the Planning Board
on August 24, 1981, which was placed on record at the Registry of
Deeds.
Petition No. 1 -
James C. Bradley
January 31, 1983
Page 2
RE"EIVED
DANIEL LCNG
83 T01', q [:L, --RK
NORT-H A."OVER
JAN 3 I 211 PM '83
The basis for this petition is the petitioner's belief that a
misrepresentation was made to the Planning Board for the lots
in question which have frontage on Wayne Street. The petitioner
proposes that Wayne Street does not exist as a private way or a
public way; and, therefore, is not a proper street for use as
frontage. In addition, the petitioner testified that the owner
of Lot A-1 is building a structure with the intention of using
Concord Street, with frontage of fifty feet +, as a means of
access to the dwelling.
Mr. Charles Foster, Building Inspector, testified that the
petitioner in the Board of Appeals Petition No. 27-181, Mr.
Joseph Saalfrank, chose not to utilize the variance plan, but
instead sought and received Planni4g Board approval under North
Andover's Rules and Regulations Governing the Subdivision of Land
to divide the parcel. Both Lots Al and A2 have more than the
required area of 12,500 square feet and the Planning Board de-
termined that Wayne Street could handle the additional traffic.
In addition, the Building Inspector testified that a person has
a right to use a street for entry, provided it is on record by
plan and on the Assessor's maps.
Attorney Daniel P. Kiley, Jr., representing the owner of Lot Al,
testified that the lot was purchased in good faith and that the
only plan on record was that endorsed by the Planning Board on
August 24, 1981.
Upon a motion made by Mr. Trepanier and seconded by Mr. Soule, the
Board voted unanimously to deny the petitioner's request; tb deny
the request to annul the Board of Appeals decision for Petition No.
27-181; to deny the request to annul the decision of the Planning
Board granting Form A approval] and to deny the request to revoke
Building Permit No. 244.
Sincerely,
BOARD OF APPEALS
T;,
Frank Serio, Jr.,
Chairman
FS/jw
The principal points upon which I base my application are as follows:
(Must be stated in detail)
see attached
I agree to pay for ad�tising in new-5paper and incidental expenses*
Petitioner's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. -These-forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, abutters, owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within three` hundred feet of the property
line of the petitioner as they appear on the most recent applicable
tax list, notwithstanding 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.
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publication, but
are not necessarily limited to these.
LIST OF PARTIES IN INTEREST
Name Address
I Charles Foster, Building Inspector Town Hall, North Andover
Joseph P. Saalfrank 362 Osgood Street North Andover, MA
BY Development Corp. 16 Dexter Ave. Watertown, MA
All other abutters shown on the variance application of Joseph P. Saalfrank,
submitted and acted on, by the Board of Appeals as Petition #27-81
0131it
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_� (Use additional sheets if necessary)
Cc y Tu,r C
Gate: TOW,; OF i�ORTh A„DGVCR, � F`_�r�r.U��TTSR� �fi. •t .
BOARD OF APPLALS O�•,`'� �`��,;�, +�;b;;,,p.•,�,+
Ti ie : _ �'�auC�l ki SSACHO
Notice: This application must be typewritten
A
5aAPPLICATION FOR RELIEF FROM THE REQUIREMENTS OF TWZING 0RDI NANCE
Applicant James c. Rradley Address 33 Camden St. North Andover, MA
1. Application is hereby made
(a) For a variance from the requirements of Section Paragraph
and Table of the Zoning By -Laws.
(b) For a Special Permit under Section Paragraph of the
Zoning By -Laws.
XXX(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority. as attached
2. (a) Premises affected are land X and building(s) X numbered
Osgood, wnyne & Concord Street. North Andover, MA
(b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( ) side of Land N/F of Saalf rank
Street, and known as No. Street.
General Bussiness
(c) Premises affected are in Zoning District R-4 and the premises
affected have an area of square feet and frontage of
square feet.
3. Ownership
(a) .Jame and address of owner (if joint ownership, give all names):
BY Development Corporation, 16 Dexter Ave., Watertown, MA
Tnca„h P C!3n1fr n1- 362 Osgood St, North Andover, MA
Date of purchase
Previous Owner
(b) If applicant is not owner, check his interest in the premises:
Prospective Purchaser Lesee X
4. Size of proposed building: front;
Height: stories; feet.
( a ) Approximate date of erection:
(b) Occupancy or use of each floor:
Other (explain) Abutter
feet deep;
(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? yes
If so, when? Petition#27-81
7. Description of relief sought on this petition see attached
8. Deed recorded in the Registry of Deeds in Book Page or
Land'Court Certificate No. Book Page
� .
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J
Iq
Town of North AndoverJ
�/ ✓ John & William Enright /� Concord St.
} to Y✓ ut
L- V �Jehn-J. Sliowsk Come t. ev �
L. v Thomas A. Ceplikas Milton St.
R#h,�A. & Eva Martin
Alfred J. & Edith P. Chorest 3 (7(
James C. Claire F. Bradley
Baia,
Joh a,4v KEdIff Roche
Millpond Trust
Marion E Morse
33
3 ,S -O
3
3 TY
Ralph C. Nd & Doris Norgren n
Roy D. & Thema Little K
J,g- / Osgood St.
Mildren M. Brucato 12 YIS—Osgood St.
Geo. & Eva 9 GaW (�=C' F)C- �-2x 6S
�T & Agnes M. Garvin -3 / 'hillips Ct.
Peter & Bruce Cameron ),f Phillips Ct.
Cs -a cw �, �p lel
r c�ti�P
S�
6941IM4 Uj
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Plan of Land to accompany petition
Each application and petition to the Board shall be accompanied by
five (5) copies of the following described plan:
The size of the plan shall �e 11 x 17, drawn to s aie, 1 inch equals
40 feet; it shall have a nor h point, names of st eets, zoning
districts, names and address s of owners of prop rties within a
minimum of 200 feet of the su ject property, pro erty lines and
location of buildings on surr unding properties. The location of
buildings or use of the property where a varian e is requested and
distances from adjacent buildi�gs and property ines shall be
verified in the field and show► on the plan. he dimensions of
the lot, and the percentage of ,the lot covered by the principal
and accessory buildings, and the required par ing spaces shall be
shown. Entrances, exits, driveways, etc., th t are pertinent to
the granting of the variance shall be shown. All proposed data
shall be shown in red.
Any topographical feature of the arcel of land relied upon for a
variance, such as ledge, rock, peat, or hat ral condition of water,
bro`ok_, or river, shall be shown on. the engi eering plan. When a
variance is requested to sub -divide a pare 1 of land, the dimensions
and area of the surrounding lots may be to en from the deed or
lotting plan for comparison of thesize of the lots in the neighbor-
hood, noted on the plan as such, an mark d "approximate." The plan
shall be signed and bear the seal o a re istered surveyor or
engineer. Any plans presented with the petition shall remain a
part of the records of the Board of Appe Is.
If living quarters are to be remodele , or areas are to be converted
into living quarters, in addition to h plot plan, five (5) copies
of the following described plans shall a furnished:
1. A floor plan of each floor on whic remodeling is to be done or
areas converted into living quarte ;
2. A floor plan showing the stairways, alls, doors opening into
the halls, and exit doors of each flo r on floors where no re-
modeling or converting is to be d ne;
3. The plans and elevations shall sh w al existing work. All
proposed work shall be shown in ed. T e size of each plan shall
be 11 x 17 or 17 x 22; it shall e drawn to scale, 4 inch equals
one foot.
All plans and elevations presented with the petition shall remain a
part of the records of the Board of Appeals.
STATEMENT OF FACTS AND REQUEST FOR RELIEF
This Statement of Facts is submitted by James Bradley and is intended to
supplement his application submitted to the North Andover Board of Appeals on
December 3, 1982, and herein defines the relief sought in such application.
The Board of Appeals in a petition numbered 27-81 granted a variance
to Joseph P. Saalfrank allowing the subdivision of Lot C and Lot D, together
with the appropriate variances therefor, all as shown on his plan submitted
with the Board. The Board denied his variance applications to establish Lot 1,�
and Lot B, as shown on said plan, and further required the petitioner to submit
revised plans to the Board showing the variance as granted. ✓
The petitioner did not submit to the Board the revised plans but rather
submitted a plan to the North Andover Planning Board for Form A approval,
said plan being on file at the Town Hall. The North Andover Planning Board
endorsed the submitted plan as not requiring subdivision approval based upon
the misrepresentation of the applicant that Lot C1 and the adjoining house lot,
shown as the Joseph P. Saalfrank Lot, were those lots allowed by the Board of
Appeals. The variance granted by the Board allowing Lot Cl and the Saalfrank
Lot were in fact never perfected by the petitioners failure to sub_ lit plans'to
the Board as requi red .
The North Andover Building Inspector issued a building permit pursuant
to the Form A plan as authorized by the North Andover Planning Board on
November 5, 1982. The construction of the house is not in compliance with
the representations made in the application for the building permit. Wherefor
your petitioner prays that:
1. The decision of the North Andover Board of Appeals, being Petition 27-81,
be vacated as not having been perfected by the petitioner.
-2-
2. The decision of the North Andover Planning Board, granting Form A -
approval to the aformentioned plan, be stricken for the following
reasons:
A. That Lot A 1 therein does not show a Public Way or a way
which the Town Clerk certifies as maintained and 1. -sed as a
Public Way, or a way shown on a plan previously endorsed
with subdivision approval, or a way in existance at the time
that the Subdivision Control Law became effective in the Town.
B. That the plan, as submitted to the Planning Board, contains
misrepresentations as to the variance and legal existance
of Lot C1 and the Saalfrank Lot.
3. The building permit issued to the BY Development Corporation, 16 Dexter
Avenue, Watertown, Massachusetts, being permit #244, be vacated for
the following reasons:
A. The building permit is issued pursuant to a plan which is invalid
for the aforementioned reasons.
B. The construction upon the premises is not in accord with the
representations made in the building permit application.
4. For such other relief as the North Andover Board of Appeals deems fit
and proper.
es ra ey
% Camden Street
North Andover, MA
FORM A
APPLICATION FOR ENDORSETXTT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
August 12, , 19 81
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following
reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North, Andover Zoning By—Law and is on a public way, namely,
or a private way, namely, Wayne Street
being land bounded as follows:
100 feet by Wayne Street Westerly by land N/F of Enright 200
Southly 50 feet by Concord Street then Easterly 200 feet to beginning
2. The division of land shown on the accompanying plan is not a subdivision for
the following reasons:
Has enough frontage on a town street.
1369 488
3. Title reference North Essex Deeds, Book 1165 Page 281 : or
Certificate of Title No.
Registration Book ; Page
Received by Town Clerk:
Toon Clerk's Office was ,� �
Date: Autzst 17. 198° 1,j ant' ignature:
362 Osgood St. Nor h Andover, Ma.
Time: 3:25 P.M.
Si ture:
r
Anna Donahue
NOTARY PUBLIC
My Commission expires
Applicant's Address
Owner's Signature and address if not the
applicant:
362 nsgond St_
North Andover, Ma.
Notice to APPLICAN T/TG�1N CLERK of Action of Plannin,, Board on Accor::,.
1. The North Andover Planning Board has determined that said plan dog:.
require approval under the Subdivision Control Law, and the appropriate
endorsement has been made upon the same.
2. The Prior _ dover Pling(oard has ermi ed that sai 1 shows a
subdi si as de ned byL. c. 1, s. 81 L, and m there
re— bmi ed to t for appunder the Sub on Control Law.
Very truly yours,
NORTH ANDOVER PLANNING BOARD`.
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.Ii,,,, a copy of the le -al notice for your petition
to the ^oard o' ..".n,�ea1 s .
"in 1 y .-
ror��rr' a chock, in t�,c ancunt of r'6.L^ ,ihich represents
a +'Ir.Er, r*1in; foc and '11.'0 to cow the coat or mail in,, the
lo,al nrtir- to the Parti.^. in interest.
"Our cl'cck sholilc: be -rale peJable to ''iie Tni'n of ':orth irdover
ani! ;iay toc sent to -y attention at the Town Cffice 'uildin;,
1^0 '. a in '.'treet , '.',-rt' ".ndover, '°ass .
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