HomeMy WebLinkAboutMiscellaneous - Exception (381)i
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
June 10, 1998
Ms. Muriel J. Katschker
22 Stacy Drive
North Andover MA 01845
Re: Complaint - Home Occupation
23 Stacy Drive
Dear Ms. Katschker:
Thank you for your June 91h detailed complaint and Section 8 Restriction
of the Condominium Association By -Laws ("Association").
The following are my observations and comments:
1. A home occupation is allowed in the R-4 District, no zoning permit is required
by the town.
2. You state in your letter and enclosure that "The Association" require(s) that a
home occupation must obtain written permission to conduct business on the
premises and that none has been granted to unit #3.
3. "Association" regulations state that no signs/ plaques shall be placed on the
exterior of the Town House(s), yet Unit #23 persists in doing so. However,
the "Association" continues to condone it which is a clear violation of the By -
Law.
4. The "Association" states that condominium owner(s) must park vehicles in
designated number spaces. Nevertheless, the occupant of Unit #23 allows
his customers to park at will in the parking areas of the complex and the
"Association" does nothing about the violation.
5. Danger of condominium break-ins is a Police Department matter and
not a zoning issue.
6. Landscape bill of $13,000.00 is an "Association" matter and not a
zoning issue.
CONSERVATION - (978) 688 9530 - HEALTH - (978) 688-9540 - PLANNING - (978) 688-9535
RBUILDINGOFFICE - (978) 688-9545 - *ZONING BOARD OF APPEALS - (978) 688-9541 - "146 MAIN STREET
,90
2
7. Tax assessment of $157,000.00 is an "Association" matter and not a
zoning issue.
After review of the submitted documents, I am of the opinion that the
"Association" does not object to the home occupation performed by the occupant
of Unit #23. The "Association" must determine if this use is detrimental and in
violation if their By -Laws and if so take appropriate action in the matter.
As such, I am at this time, of the opinion that the problem must be solved
between you and the "Association".
If you have any further questions, please contact my office.
Very truly yours,
RN/j D. Robert Nicetta, Building Commissioner
cc: William J. Scott, Director CD&S
Donald Stewart, Selectman
enclosure
7
June 9,1Q018
T0: Robert Nicetta, Building Commissioner
FROM: Muriel Katschker, 22 Stacy Drive, North Andover
SUBJ: Complaint for Investigation
cc: Mr Dona ld`7Stewarj,Selectman
encl: (1 complaint for investigation form
(2 )description of issues and facts supporting need. for
investigation and resolution
You may recall that I talked with you via telephone on March 27,1998
concerning the part-time business being conductedin residence unit
#23, Prescott Village and. the detrimental affects it was placing
on the neighborhood including noise, disturbances, illegal parking,
invation of privacy in a secluded. area, etc. You, at that time,
advised. me to contact the Condo Assoc first. This I have done
with no resolution up to this date. There appears to be a great
deal of delyying action.
I have talked with Donald.'ttewatt, asking him for town help in
trying to preserve the rural atmosphere of Prescott Village,and in
a wider range, North Andovev. Business being dond.ucted in a 25 unit
private development condo complex is contrary to the town's interest
in preserving our rural environment. I am also interested in
protecting my property value. Mr Stewart advised me to submit my
complaint to you. I believe he has alerted. you to my contacting you.
I would appreciate it if you would, conduct the invest,-igation so
that impartiality is guaranteed. You may recall that my initial
contact with your subordinates was not helpful; in fast all three
employees found my s'i'tuation amusing.
I wish to call your attention to 2 other matters. (1) When I inquired.
about town zoning laws on March 16, 1998 at the Town Clerk's office,
there was no DBA issued at that time. It was issued. after I contacted
the Condo Assoc on April 6, 1998.:;49)It has been stated by others
that the part-time business is seasonal. I do not know what this
means as customers were on the property starting last summer and.
increasing in number thru April 1998. It is irrelevant whether the
business iSseasonal, annual or any gther time.
Thank you in fidvance for your assistance.
Sincerely,
Muriel �Ka tschke
ti
` Town of North Andover Of 40 oTH 1ti
OFFICE OF �? .jet <
COMMUNITY DEVELOPMENT AND SERVICES °
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT SSACHUSE
Director
COMPLAINT FOR INVESTIGATION
DATE: -'o ti -t, c(, L c e
FROM: 14 0 vz t C
ADDRESS: ST/irc-y Tel. #:,�
jt A -H D Vt-1 tit'
Complaint Against:
ELECTRICAL:
PLUMBING:
GAS:
BUILDING CONTRACTOR:
PROPERTY OWNER: �'�'4 �Q�
u r -t ► rt-- c rr U
j(�bZ-
k 1 r (� VWrE v rt I T-- D L U ZD P' K -i TM
►l-ia SS. ITtt� .
OTHER: oft i Kr' o'u ibL.-L Cr l/ hk qn-o6'e Iz1 � . (A i T'h CH s,
b �� t✓ [J �S rvh. r' 0 k c4L� 5 FA - M4--/ t* � VL o i--r1orc S, r tZ�
OF.
Signed:
Jan. '97
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
The Issue : The homeowner in unit -23 -'s -con u, ng -a -pa ttime
a-c-c-ou-nt-Ing bu-s'ines•s - n violation of town zoning laws and association
Eby --laws. He_has__opeAd up a private way and introduced the paying
public to the village's privacy and seclusion, ::thereby pbcing our
homes in jeopardy for back -door break-ins. In addition the customers
create parking problems, cause noisy disturbances at 8:OOP.M.
thereafter, as well as during the day on Saturdays. They also
trample on the lawns instead of using the pathways.
Town Zoning haws Prescott Village is zoned R-4 of which the zoning
laws are very strict pertaining to home -run businesses. I shall
not waste time in repeating all the regulations but shall spell out
the regulations which I believe #23 is in diret violation.
2.
3.
�4
ho -me --owned bu-siness-in a -condo complex: is-re_qd t
u.ireo gain
perm-iss_i-o:n, from the -condo-a-s-s-oci-a_taon,inwriting to ,conduct
�a business _on _the. -premises.-,, .L- have,.reviewed -all_the-board-,and
annu-a-1,meeting minutes= distributed.. tothe homeowners singe"
-December, 1994, and havefou-nd no. mention._of..an„approval to
_con du-ct-a---home-business in-u_nit x#23.
the town requires home business operators to file a DBA for`
record in the town office. There is no DBA filed for unit #23.
there shall be no-.; disply or signs on the outside of the
bum lding-._ This homewner places�laF -d wh te_s gn--on-the
back door with his name and unit-number~printed on it every night
and Saturday. _.
...shall not be detrimental to, the residential h
character of
neighborhood due`to....noise; distrubance or in any other way
become objectionable or detrimental to any residential use
within the neighborhood.
( ) parking: customers park in my driveway,blocking me from
driving my car out of the garage. They have parked in my
restricted parking space as well -as parking over the lines
which prevent my using the restricted space. They start'
arriving approx. 8:00 A.M. Saturday and at times two cars are
cued up waiting to see the accountant. These cars line up -`y,
on the narrow bake lane thereby blocking other homeowners y.
from driving out of the back lane. I observed one car backing
up around the curve heading towards the main access `road
which could have resulted in a car accident. At times`
are 2 car}'s parked on the curve in front of the building°,"'--
preventing homeowners' visitors to park. (What happens if a
-ire ru-ck--must drive into the circle?)
On April :13th, a 30' flat-bed. trailor truck licensed in
Deerfield N.H. and loaded with a farm tractor on.the flat-bed
parked on the circle from 7-8.00PM.,Th-ere was-not_ro-om_le-ft
for other cars; there was no�om_for the-;tif,ire.--engine if --one
was necessary.
One Satirday morning at 7:45
across my driveway. I moved.
that the car would be forced
comment from the driver"You
AM a car parked horizontal
my car :ou* of the garage so
to move. It did with the
wenAt going anywhere.11
So we not only are experiencing noise from these customer s but
total disregard of us as property owners, as well. The presence
of trucks registered in N.H. a distadn-e from our Village is also
disturbing from the point of view of break-ins performed by people
living in another state. (How do you catch out-of-state culprits?)
_(b)noise and disturbance::
Customers knock and sometimes pound. the`-back�door at 8:00 P:M
week nights and all day Saturday. hast summer with doors `:and -
windows open, customers peek into windows.if..knocks are not::t;`
answered, If customers cannot get in the backdoor, they walk
around the property to the front, trampling ori' ,the -'lawn. ; :`Our
landscape bill last year was $1 ,000.- I do 'note'thnk 'weywant
extra expense to reseed the la vFs in front of unit x#23 .due';;to
people making a dirt path to the front door..;.l
(c) detrimental:i I believe the most serious result of these
violations is the danger of break-ins,`thru-the back doors
and street floor windows. Prior to the .home business,—:Prescott
Village appeared to the outside world -to be secluded thereby'„
discouraging "exploration". The back lane is narrow, discouraging
motor vehicle -traffic; it is secluded - on one side by 10-121
tree=like -shrubs and 3 -story outside walls.on the other side.
Unit #23 homeowner has introduced approx 10-12 paying public
persons/week to the privacy and seclusion of the -back lane.
Anyone could come in the back -lane during the day and break -in-
to the total row of houses without interference. (Who would
see the culprits?)
These townhouses were designed fro residential 'use :;in very f
close "quarters". Imagine if 50% of .the `homeowners wanted f
home businesses. W e could rename to Pres'cott"�=`Serv'ices`;Mall
with cars coming in all times of the day �'and outside ;paying,
public walking all over the property.The` asses`s'ment�..has r -,w
increased for all our condos with an approx'average of $157;000.
I doubt if any of the homeown rs wish to :wpay*taxes `on these
increased assessments only to�iving among-_home;businesses.
.with thepublic invading the privacy of the �residen&es..
�Condo Ass-o-ciation�Bv—Iaws�: In reference to the by laws, Section 8
R str-*---t'-------ion, the following regulations are:
(a) no nuisances sahll be allowed, nor shall any use..,or practice
be allowed which is a source of annoyance to the;residents or
which interferes with peaceful enjoyment of the ,':village.
(b) .... and all valid laws, zoning by- laws. and• regulations'E-of
government shall be observed. ,..
(d)signs- no signs,
g , plaques shall be placedon -the .exterior. of ,..
the townhouse.
F .
' Condo Association Parking Regulations :
Each homeowner has one designated space marked and identified by
unit number, and located as close as possible to the.homeowner's unit.
There are limited number of guest spaces so marked and idnetified
by the letter "G".
The information concegining parking spots is distributed and
communicated to all homeowners thru board notices, special announce-
ments and welcome booklets. The following excerpts are from these
types of communications which are on file en-ttoto with the association
board.
1. Welcome letter to me as new homeowner Dec 27, 1004
"We ask that you park in your own designated parking space and
that your company will use one of the visitor spaces."
2. Parking Update May 21,1906
"In order to be sure that each homeowner has one designated spot,
it was necessary to rearrange numbering sequence...... pleasetake
an extra minute to check that you are in your designated spot."
3. Notes from the Board Oct 10,19016
"the guest spaces will be clearly marked, with a "G" and homeowners
should advise their visitors to use these spa ces. Parking is
available on the circle, but it should only be used if guest
spaces are not available. No overnight parking is permitted on
the circle. Lastly no parking is permitted on the entry road.
Our goal ' -is to continue to.provide us with a safe community to
live and -is
in for all homeowners."
4. Prescott -:Village Home Owners Assoc, Inc phamplet 1097
" Parking: one parking space is assigned to each unit. Since
parking is limited, please advise your guests that overnight
parking is available in designated "G" spaces. Please respect
your neighbors parking spaces ona daily basis."
Conclusion Part-time home business in unit #23 which has been
operating sdnce summer of 1007 violates town zoning laws para 4F
and condo assoc by-laws section8 both of whQizh protect neighborhood
property owners from noise, disturbances, nuisance etc., which
interfere with peace, security and character of the area.
W en we--bny—our condo, we do�so with: coni, dence that-'th-e—by-laws
ar_e leg.a ;�b�nd^ng.;a;nd w.i'll_ be_ followed so that our security.,.
pro,pe_r-ty—va•lues-.and peaceful.. living_ will 'be protected
Homeowner unit #23 is conducting a business in the residence which
is detrimental to our quality of life including parking, fire safety, I'
noise, potential lawn damage, evening and Saturday disturbances,
unknown people entering and wandering around private property, and
most serious,the danger of personal/household safety being compromised ..t
Homeowner unit ##23 should conduct his business either by renting a
local office or service his customers in their homes(lap top computers(i
are avail�f-or_!'mobil 11 _bu_sin_e_ss _pe.o_p.l,e,
Robert J. Halpin
Town Manager
TOWN OF NORTH ANDOVER H CE
OFFICE OF APR
TOWN MANAGER 5 1999
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845 -
April 5, 1999
Mr. Hank Har, President
Prescott Village Homeowners Association, Inc.
F26-Stac y Drive
North Andover, Massachusetts. 01845
Dear Mr. Har:
Telephone (978) 688-9510
FAX (978) 688-9556
I am writing concerning a complaint by an owner at Prescott Village concerning the
conduct of a business service at Unit #23. The Building Commissioner, who is charged with
enforcement of the Town's zoning by-law, has found that this business service meets the criteria
of a customary home occupation which is permitted in residential areas under certain conditions.
Please see attachment "A" for those conditions.
The purpose of this letter is to make you aware of the concerns of one of your owners and
to make certain that you understand that nothing contained in the local zoning by-law will
override or nullify your association's deed restrictions, etc. concerning this type of home
business. If the owner in question believes that this activity violates those deed restrictions, she
should work through your association to further address them
If you have any questions, please
call.
eery
Ralph Bagley, Esq.
Thomas Urbelis, Esq., Town Counsel
Keith Mitchell, Chairman, Board of Selectmen
/Robert Nicetta, Building Commissioner
t J. Halpin
Manager RECEIVED
APR 0 5 1999
BUILDING DEPT.
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Robert J. Halpin
Town Manager
Mrs. Muriel Katschker
22 Stacey Drive
North Andover, Massachusetts 01845
Dear Mrs. Katschker:
April 5, 1999
Telephone (978) 688-9510
FAX (978) 688-9556
RECEIVED
APR 0 5 1999
(BUILDING DEPT.
I have undertaken a complete review of your complaint concerning a home occupation
being conducted by an accountant at 23 Prescott Village. The accountant is apparently
conducting a tax preparation service from his residential unit at this location. The Building
Commissioner, who is responsible for the enforcement of the local zoning by-law, has
determined that this is in fact a customary home occupation which is permitted under the North
Andover Zoning By-law. (See attachment "A"). I concur with this conclusion.
Furthermore, the Building Commissioner has determined that with the exception of a sign
which had been displayed from a window, the home business has been conducted in accordance
with the limitations established under the Zoning By-law. I understand that the offending sign
has been removed. My review of the zoning officer's findings and decision lead me to the same
conclusion that this use, while not necessarily satisfactory to you, is permitted under the Zoning
By-law.
Regarding the condominium association restrictions regarding such activities, the uses
permitted under the local zoning by-law do not eliminate the need to comply with such private
by-laws and covenants. I suggest that you continue to pursue such compliance with these private
covenants with the condominium association.
Lastly, as the Building Commissioner correctly pointed out, should you disagree with his
decision that this use does not violate the North Andover Zoning By-law, you have the right to
appeal that decision and to have a full public hearing by filing an appeal with the Zoning Board
of Appeals.
1
Mrs. Muriel Katschker
April 5, 1999
Thank you for your patience while I looked it s matter.
ery
T
CC. Ralph Bagley, Esq.
Thomas Urbelis, Esq., Town Counsel
Keith Mitchell, Chairman, Board of Selectmen
Robert Nicetta, Building Commission
Halpin
Page 2
WILLIAM J. SCOTT
Director
(978)688-9531
Town of North Andover c* NORT" ,
OFFICE OF 3? y-, " E o
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street : ;
North Andover, Massachusetts 01845 �9ssAc•Hus�t�y
Fax(978)688-9542
MEMORANDUM
TO:
D. Robert Nicetta, Building Commissioner
FROM:
William J. Scott, Director
RE:
Prescott Village
DATE:
October 30, 1998
Provide Ralph R. Bagley, Esq. a written response. Indicate to them that you
issue the ruling pursuant to your duties as the Building Commissioner.
Encls.
r
l�
n�v.av:-`. '". • ^•..ccs.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
11
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
124 MAIN STREET
THOMPSON SQUARE
BOSTON, MA 02129-3599
JAMES E. BAGLEY, JR, (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
October 23, 1998
Mr. William Scott
Office of Community Development
and Services
145 Main Street
North Andover, MA 01845
Re: Prescott Village
Condominium Complex
Dear Sir:
EFFV[E
.0' C T 2 1998
---------------
AREA ConF Fit ,
242-7500
FAX 241-7839
E -Mail bagleypc®aol.com
On September 11, 1998, I wrote you concerning my
representation of Muriel J. Katschker of 22 Stacy Drive, North
Andover, in connection with her objections to the use of #23
Prescott Village by Joseph Houle, the owner and occupant of the
unit, for business purposes. I have made phone calls to you since
that date without the courtesy of a reply.
I wish to resolve this matter with you as soon as possible,
but rest assured that the matter will be resolved with or without
your cooperation, either by administrative remedy or legal action.
Please respond to me within ten (10) days from the receipt of
this letter so that an amicable resolution may be achieved.
RRB/cs
cc: Ms. Muriel J. Katschker
Mr. Donald Stewart
Mr. Hank Hr
Very truly yours,
Ralph R. BagleT /
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
124 MAIN STREET
THOMPSON SQUARE
BOSTON, MA 02129-3599
JAMES E. BAGLEY, JR. (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
September 11, 1998
Mr. William Scott
Office of Community Development
and Services
146 Main Street
North Andover, MA 01845
Re: Prescott Village
Condominium Complex
Dear Sir:
AREA CODE 617
242-7500
FAx 241-7839
E -Mail bagleypc®aol.com
Please be advised that I represent Muriel J. Katschker of 22
Stacy Drive, North Andover, Massachusetts, with whom you have been
in correspondence concerning her complaint regarding the business
being conducted at #23 Prescott Village by Joseph Houle, the owner
and occupant of that unit. I understand that my client's complaint
was filed with you on June 9, 1998 after having consulted the
building inspector concerning improper use of this premises for
business purposes. She has also communicated with Selectman Donald
Stewart and members of the condominium where she is a resident.
You wrote my client on June 10, 1998 setting out certain items
and stating that in your opinion the matter was one which should be
determined and concluded between my client and the association. On
July 15, 1998 my client wrote you, delivering to you a copy of the
Prescott Village Homeowner Association vote stating that Mr.
Houle's use of the premises was not consistent with the
Association's rules and regulations, and that he had been advised
the activity was no longer to be conducted at his residence. My
client also asked you in the letter of July 15, 1998 to take
whatever action was necessary to revoke his Business Certificate at
that address under applicable zoning regulations, and asked whether
or not you had authority to do this or whether or not this should
be taken up with the Clerk's office.
okI
;AGLEY, P.C.
Two
September 11, 1998
My client wrote you again on August 4, 1998 questioning what,
if any, action had been taken vacating the business certificate in
accordance with the Town By -Laws and to date she has not received
any response in connection with that correspondence.
Very truly yours,
Ralph R. Bagle
RRB/cs
cc: Ms. Muriel J. Katschker
Mr. Donald Stewart
Mr. Hank Har
August 4, 1998.
TO: William Scott, Director, Comm Dev & Services
FROM: Muriel Katschker, 22 Stacy Drive, North Andover, Ma
SUBJ: Revoking DBA Issued. to J. Houle on April 21, 10-98
cc: Donald Stewart, Selectman & Chairman, -:_Licensing Board
This correspondence is a follow-up to my previous two memos
addressed to you on July 15, 190-8, June 20-,190-8, and'my
telephone conversation with you on June 15, 1908, concerning
Complaint for Investigation filed with the Building Department
June 9, 1998.
The subject of all the above -listed communications is the
violation of town zoning laws para 4.122 Resident 4 District
para 4f on the part of homeowner unit ##23, Prescott Village
Condo Complex. On July 15th I sent you a copy of the Homeowners
Association letter, stating that such business activity in the
resident condo ##23 is not allowed and must cease. I also
requested that the town accepts its share of responsibility and.
revoke the DBA issued to J. Joule on April 21, 1998.
As of this date, I have not received a response from you, informing
me of the town's resolution of the zoning violations. I believe
sufficient time has gone by for the situation to be concluded.
before other town authorities become involved.
I realize that you are involved with current town issues.
However I must remind you that I am a taxpayer as well as those
with publized problems. Therefore I ask that my issues be
considered as important as those of others and brought to a.
conclusion by yourself and/or department.
Thank you in advance.
Ju 15, 1008
b' 1-9 <
TO: William Scott, Director Comm Dev & Services
FROM:`Muriel Katschker, 22 Stacy Drive, North Andover, Ma
SUBJ: Complaint for Investigation filed June 9, 10-98
cc: Donald Stewart, Selectman
encl: Prescott Village'Condo Association letter
Please find enclosed a copy of the board decision made on
behalf of the Prescott Village Homeowners Assocation
concerning the violations on the part of Homeowner unit ##23
of the town zoning laws and the Assocaiton By-laws.
The Association has advised the homeowner unit ##23, Joe Houle,
to cease his business activity being conducted inthe residence.
According to the Association, he v7dll comply with the decision.
Since the Association � has made its decision for "no business
activity" in unit ##23, the town must now take the action, as
its responsibility, to revoke- the DBA issued April 21, 190-8,
and inform the homeowner that he can no longer violate town
zoning regulations para 4.122 Resident 4 District para 4f.
I do not know whether the revoking of the DBA is the responsibility
of the Town Clerk's office (it was issued by that office) or
the responsibility of theBuilding Department which has the
authority to declare violations and take the appropriate action,
according to my conversation with Mr Nicetta on March 27th.
In closing, you will recall that I sent you a memo dated June 29th,
summarizing our previous telephone conversation on June 15th
which included a. commitment for an on-site inspection, and a
resolutionon these violations. As of this date, I have; not
heard from you. Should there by any questions a ou e-- Association's
pose lon w is may be affecting your actions, then the enclosed
Assocation's letter should dizpell _: any possible concerns.
PRESCOT VILLAGE HOMEOWNERS' ASSOCIATION INC.
26 Stacy Drive ♦ North Andover ♦ MA 01845
June 24, 1998
Ms. Muriel Katschker
22 Stacy Drive
N. Andover, MA 01845
Dear Ms. Katschker:
This is in regard to your letter,dated May 11, 1998 concerning "issues" and
the Boards' decision on this matter.
After careful consideration of this subject, we have concluded that the
activities of Joe Houle may not be consistent with the Association's rules and
regulations. Therefore, we have advised Joe that this activity should no longer be
conducted at his residence.
While he was not aware that a problem existed, he has indicated that he
will comply with our request.
For the Board,
Hank Har
President
June 2Q.,1008
TO: William Scott, Director Community Dev & Services
FROM: Muriel Katschker. 22 Stacy Drive, North Andover, Ma C.
SUBJ: Complaint for Investigation filed June g, 10.0.8
cc: Donald Stewart, Selectman
I regret that I have not been able to -write to you before this
date as a follow-up to our telephone discussion on June 15,190.8,
concerning the Complaint for Investigation filed with the
Building Department on June 0., 10.98.
I appreciated your time and the attention you gave to my protest
on the inadequate and completely incorrect response that Mr Ncetta
submitted in response to my complaint.
You may recall that several items were discussed during our
telephone discussion , all of which focused on the total lack of
understanding on the part of the Building Commissioner on what
is the real issue. The real issue beingthat Homeowner $23 is
violating town zoning law Para 4.122, Residence 4 District Para 4f.
In addition the numerous opinions and statements expressed. in his
letter June 10, 1Q0-8 are erroneous, especially those concerning the
Condo Association of which he has no knowledge.
As our telephone discussion concluded., you advised me that an
on-site inspection would be conducted at the earliest time and. the
appropriate action taken.
I am anticipating that the violation of para 4f will be resolved
within the next few weeks.
I look forwardto hearing from you.
7.e - i
Town of North Andover NORTH
OFFICE OF 3� 0* t"t o 6
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street '
09
North Andover, Massachusetts 01845 �� 4°^,.° •°"<y
WILLIAM J. SCOTT SSACHUSfc
Director
March 26, 1999
(978) 688-9531 Fax (978) 688-9542
Memorandum
To: Robert Halpin, Town Manager
From: D. Robert Nicetta, Building Commissioner
Re: Katchker -22 Stacy Drive
Ms. Katchker filed a written detail complaint that the occupant of Unit #23
was operating a part time accounting business as a Home -Occupation.
Enclosed with the complaint was a copy of Section 8 - Restrictions of the
Condominium Association By -Laws ("Association").
Home occupation does not require a permit in the North Andover Zoning By -Law.
Ms. Katchker also addressed that the clients of Unit #23 damage
landscaping and parked vehicles in violation of the "Association" By -Laws. She
also fears for her safety due to strangers in the neighborhood.
June 10, 1998 - the Building Commissioner responded to seven (7)
different items which are not under his jurisdiction.
The Building Commissioner stated in his reply that:
"after review of the submitted documents, I am of the opinion that the
"Association" does not.object to the home occupation performed by the
occupant of Unit #23. The "Association" must determine if this use is
detrimental and in violation of their By -Law and if so take appropriate
action in the matter. As such, I am at this time, of the opinion that the
problem must be solved been you and the "Association".
June 24, 1998 - Mr. Hank Har, President of Prescott Village
Homeowners's Association, Inc. notified Mr. Joe Houle of Unit #23 "that his
activety may not be consistent with association rules and regualtions and that
the activity should no longer be conducted at his residence". Mr. Houle indicated
he would comply with the request.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
October 23, 1998 - Attorney Ralph R. Bagley who represents Ms.
Katschker, in correspondence to William Scott, stated that his client in a July 15,
1998 letter requested him "to take whatever action necessary to revoke Joe
Houle's Business Certificate at (Unit #23) under applicable zoning regulations.
November 9, 1998 - Mr. Scottrequest that I respond to Attorney Bagley's
correspondence of October 23, 1998.
By return mail to Attorney Bagley, I stated the following:
"A review of Ms. Muriel J. Katcshker (June 9, 1998) detailed complaint
and the Section 8 restrictions of the Condominium Association By -Law
against the referred Home -Occupation has been performed. I have also
reviewed my June 10, 1998 response. A copy of the complaint and my
June 10, 1998 response has been enclosed for your review.
Pursuant to Paragraph 10.4 of the North Andover Zoning By -Law,
Ms. Katschker may aggrieve this decision to the Zoning Board of
Appeals, if she so desires. A copy of the appeal application is enclosed
for your convenience".
To date I have not heard from Ms. Katcshker or her counsel.
If you require the correspondence, please contact me.
DRN:jm
11
_2
JAMES E. BAGLEY, JR. (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
4 ,
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
184 MAIN STREET
THOMPSON SQUARE
BOSTON, MA 08189-3599
September 11, 1998
Mr. William Scott
Office of Community
and Services
Development
146 Main Street
North Andover, MA 01845
Re: Prescott Village
Condominium Complex
Dear Sir:
6 -P
AREA CODE 617
242-7500
FAx 24 1-7839
E -Mail bagleypcoaol.com
Please be advised that I represent Muriel J. Katschker of 22
Stacy Drive, North Andover, Massachusetts, with whom you have been
in correspondence concerning her complaint regarding the business
being conducted at #23 Prescott Village by Joseph Houle, the owner
and occupant of that .unit. I understand that my client's complaint
was filed with you on June 9, 1998 after having consulted the
building inspector concerning improper use of this premises for
business purposes. She has also communicated with Selectman Donald
Stewart and members of the condominium where she is a resident.
You wrote my client on June 10, 1998 setting out certain items
and stating that in your opinion the matter, was one which should be
determined and concluded between my client and the association. On
July 15, 1998 my client wrote you, delivering to you a copy of the
Prescott Village Homeowner Association vote stating that Mr.
Houle',s use of the premises was not consistent with the
Associdtion's rules and regulations, and that -he had been advised
the activity was no longer to be conduced at his residence. My
client also asked you in the letter of July 15, 1998 to take
whatever action was necessary to revoke his Business Cert
,�4icate at
that address under applicable zoning regulations, and asked whether
or not you had authority to do this or whether or not this should
be taken up with the..Clerk's office.
7 -
LEY BL BAGLEY, P.C.
Page Two
September 11, 1998
My client wrote you again on August 4, 1998 questioning what,
if any, action had been taken vacating the business certificate in
accordance with the Town By -Laws and to date she has not received
any response in connection with that correspondence.
RRB/cs
cc: Ms. Muriel J. Katschker
Mr. Donald Stewart
Mr. Hank Har
0
Very truly yours,
�-t�-
Ralph R. Bagley
,/
TOWN OF NORTH ANDOVER
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
William J. Scott
Director
Bagley & Bagley, P.C.
Attorney Ralph Bagley
124 Main Street
Thompson Square
Boston MA 02129-3599
o�t,�•° ;'tio Telephone (978) 688-9531
FAX (978) 688-9542
A
November 9 1998
Re: Home Occupancy - 23 Stacy Drive
Dear Attorney Ralph Bagley:
Mr. William Scott has requested that I respond to your correspondence of October 23,
1998.
A review of Ms. Muriel J. Katcshker (June 9, 1998) detailed complaint and the Section 8
restrictions of the Condominium Association By -Law against the referred home occupation has
been performed. I have also reviewed my June 10, 1998 response. A copy of the complaint and
my June 10, 1998 response has been enclosed for your review.
Pursuant to Paragraph 10.4 of the North Andover Zoning By -Law, Ms. Katschker may
aggrieve this decision to the Zoning Board of Appeals, if she so desires, A copy of the appeals
application is enclosed for your convenience.
If you have any further questions please contact my office.
Very truly yours,
1b.�
D. Robert Nicetta,
Building Commissioner
DRN:jm
cc: William J. Scott, Director C D & E
Mr. Hank Har, President
Prescott Village Homeowner's Association
Faxed: 11/9/98
Mailed: Hard Copy 11/9/98
ZBA Application
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
120 MAIN ST. 120 MAIN ST 27 CHARLES ST 27 CHARLES ST 27 CHARLES ST
f
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
June 10, 1998
Ms. Muriel J. Katschker
22 Stacy Drive
North Andover MA 01845
Re: Complaint - Home Occupation
23 Stacy Drive
Dear Ms. Katschker:
�v `"10 I •, �OL
49
Thank you for your June 9`h detailed complaint and Section 8 Restriction
of the Condominium Association By -Laws ("Association").
The following are my observations and comments:
1. A home occupation is allowed in the R-4 District, no zoning permit is required
by the town.
2. You state in your letter and enclosure that "The Association" require(s) that a
home occupation must obtain written permission to conduct business on the
premises and that none has been granted to unit #3.
3. "Association" regulations state that no signs/ plaques shall be placed on the
exterior of the Town House(s), yet Unit #23 persists in doing so. However,
the "Association" continues to condone it which is a clear violation of the By -
Law.
4. The "Association" states that condominium owner(s) must park vehicles in
designated number spaces. Nevertheless, the occupant of Unit #23 allows
his customers to park at will in the parking areas of the complex and the
"Association" does nothing about the violation.
5. Danger of condominium break-ins is a
not a zoning issue.
6. Landscape bill of $13,000.00 is an
zoning issue.
Police Department matter and
"Association" matter and not a
CONSERVATION -(978)6889S30 - HEALTH - (978) 688-9540 - PLANNING .(978) 688-9535
"BUILDINGOFFICE - (978) 688-9545 - *ZONING BOARD OF APPEALS - (978) 688-9541 - "146 MAIN STREET
2
- 7. Tax assessment of $157,000.00 is an "Association" matter and not a
zoning issue.
After review of the submitted documents, I am of the opinion that the
"Association" does not object to the home occupation performed by the occupant
of Unit #23. The "Association" must determine if this use is detrimental and in
violation if their By -Laws and if so take appropriate action in the matter.
As such, I am at this time, of the opinion that the problem must be solved
between you and the "Association".
If you have any further questions, please contact my office.
Very truly yours,
M � I 1 01 � M
RN/j D. Robert Nicetta, Building Commissioner
cc: William J. Scott, Director CD&S
Donald Stewart, Selectman
enclosure
June 9,1998
TO: Robert Nicetta, Building Commissioner
FROM: Muriel Katschker, 22 Stacy Drive, North Andover
SUBJ: Complaint for Investigation
cc: Mr Donald Stewart ,Selectman
enol: (1 complaint for investigation form
(2 description of issues and facts supporting need for
investagation and. resolution
You may recall that I talked with you via telephone on March 27,1G98
concerning the part—time business being conducted in residence unit
#23, Prescott Village and the detrimental affects it was placing
on the neighborhood including noise, disturbances, illegal parking,
invasion of privacy in a secluded. area, etc. You, at that time,
advised me to contact the Condo Assoc first. This I have done
with no resolution up to this date. There appears to be a great
deal of delaying action.
I have talked with Dona ld'.Stewart, asking him for town help in
trying to preserve the rural atmosphere of Prescott Village,and in
a wider range, North Andovex. Business being donducted in a 25 unit
private development condo complex is contrary to the town's interest
in preserving our rural environment. I am also interested in
protecting my property value. Mr Stewart advised me to submit my
complaint to you. I believe he has alerted you to my contacting you.
I would appreciate it if you would conduct the invest igaticn so
that impartiality is guaranteed. You may recall that my initial
contact with your subordinates was not helpful; in fact all three
employees found my situation amusing.
I -wish -to call your attention to 2 other matters. (1) When I inquired
about town zoning laws on March 16, 1998 at the Town Clerk's office,
there was no DBA issued at that time. It was issued after I contacted
the Condo Assoc on April 6, 1998..(�2)It has been stated by others
that the part—time business is seasonal. I do not know what this
means as customers were on the property starting last summer and
increasing in number thru April 1998. It is irrelevant whether the
business isseasonal, annual or any other time.
Thank you in &dvance for your assistance.
Sincerely,
urie KKatschker
WILLIAM J. SCOTT
Director
DATE:
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
COMPLAINT FOR INVESTIGATION
5or{E �,i,� �e
FROM: lqrr,l C), J
ADDRESS: �?- sG btZ • Tel. #:
r4 -H 1) D Vt:% Y7—
Complaint Against:
ELECTRICAL:
PLUMBING:
n
GAS:
BUILDING CONTRACTOR:
PROPERTY OWNER: !� �c�w> h_ `�'-t I r
Z3
.0IZ0-Sed tr U1LL/3Gc
r pz,v�v-rte v�cr' D�1vc .7
T- Lct9H
Od'�"h rch� �t h.r-ri c /(}GL(�JJ-lT1 �-cG f3vs lrc (d 17 .
OTHER: Ot�4 r r -1G (TL)1bL-L c cpfr�
rt0«B btsRire-(,5r)kceS 1�hrtz- rt ✓�o -i�r vr. S llI t2��
OF.
C 20 f�'L rk S .
_ Signed: "
Jan. '97
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t-
The Issue The._.hom�own�tikn unit #23 is. conducting a_,part.-time
accounting business din vioTat`ion"'of "'town zoning laws and association
by-laws. He has opened up a private way and introduced the paying
public to the village's privacy and seclusion, .thereby phcing our
homes in jeopardy for back -door break-ins. In addition the customers
create parking problems, cause noisy disturbances at 8:OOP.M.
thereafter, as well as during the day on Saturdays. They also
trample on the lawns instead of using the pathways.
Town Zoning Laws : Prescott Village is zoned R-4 of which the zoning
laws are very strict pertaining to home -run businesses.
not waste time in repeating all the regulations but shall spell out
the regulations which I believe #23 is in diret violation.
1 . home owned business -,in- a condo complex is -required to gain
permission from.the.condo association in writing to conduct
a business on the.premises. I have reviewed all.the board and
annual meeting..minuwes distributed to the homeowners since ,
:.December, 1994, and have found no mention of an approval.to
conduct a home business in.unit #23f.
2. the town requires home business operators to file a DBA for
record in the town office. There is no DBA filed for unit #23.
3. there shall be no,. disply or signs on the outside of the
building. This homewner places a large white sign on the
..a,ck..do..�r. with his name and unit number printed on it every night
•and Saturday.
'4. ...shall not be detrimental toq+the residential character of
neighborhood due to....noise, distrubance or in any other way
become objectionable or detrimental to any residential use
within the neighborhood.
(a parking:�customers park in my driveway,blocking me from
They have parked in my
driving my car out of the garage.
restricted parking space as well.as parking over the lines
which prevent my using the restricted space. They start
arriving approx. 8:00 A- M. Saturday and at times two cars are
cued up waiting to see the accountant. These cars line up
on the narrow bakc lane thereby blocking other homeowners,
from driving out of the back lane. I observed one car backing
up around the curve heading towards the main access road:
which could have resulted in a car accident. At times there
are 2 car'.s parked on the curve in front of the building;
preventing homeowners' visitors to park. (What happens if a
fire truck must drive into the circle?)
On April 13th, a 30' flat-bed trailor truck licensed,in
Deerfield N.H. and loaded with a farm tractor on the flat-bed
parked on the circle from 7-8:OOPM. There was not :.room left,
for other.cars; there was not room for the fire engi:ne.if one
was necessary.
One Satirday morning at 7:45 AM a car parked horizontal
across my driveway. I moved my car oul` of the garage so
that the car would be forced to move. It did with the
comment from the driver"You wenA-t going anywhere.11
So we not only are experiencing noise from these customer s but
total disregard of us asproperty owners, as well. The presence
of trucks registered in N.H. a distad.De from our Village is also
disturbing from the point of view of break-ins performed by people
living in another state. (How do you catch out-of-state culprits?)
(b)noise and disturbance:
Customers knock and sometimes poundthe-back door at 8:00 P:M.
week nights and all day -Saturday. bast summer with doors and
windows open, customers peek into windows if knocks are not,
answered. If customers cannot get in the backdoor, they walk
around the property to the front, trampling .ori' the 'lawn.`'' Our
landscape bill last year was $1 ,000. I do 'n-ot think we want
extra expense to reseed the la wn§ in front of unit #23 due to
people making a dirt path to the front door.
(c) detrimental: I believe the most serious result of these
violations is the danger of'break-ins thru the back doors
and street floor windows. Prior to the home business, Prescott
Village appeared to the outside world to be secluded thereby
discouraging "exploration". The back lane is narrow, discouregini
motor vehicle. -traffic; it is secluded on one side by 10-12'
tree=like -shrubs and 3 -story outside walls.on the other side.
Unit #23 homeowner has introduced approx 10-12 paying public
persons/week to the privacy and seclusion of the back lane.
Anyone could come in the back lane during the day and break-in
to the total row of houses without interference. (Who would
see the culprits?)
These townhouses were designed fro residential..`use in; -very
close "quarters". Imagine if 506 of the °homeowners .wanted '
home businesses. W e could rename to Prescott:Servi'ces Mall
with cars coming in all times of the day and.outside..paying
public walking all over the property. The assessment has-.
increased for all our condos with an approx"•average of $157,000.
I doubt if any of the homeown rs wish to.pay..taxes on these
increased assessments only toe -Living among home businesses
with thepublic invading the privacy of the residences.
Condo• As�so*,-ia:t_ion= By=T,aws.�.: In reference to the by-laws, Section .8 -
Restriction, the follow:fng°regulations are:
(a) no nuisances sahll be allowed, nor shall any ;use or practice
be allowed which is a source of annoyance to the -residents or.
which interferes with peaceful enjoyment of the,village...
(b) .... and all valid laws, zoning by-laws and- regulations',of...,
government shall be observed.
(d)signs- no signs, plaques shall be placedon the exterior of
the townhouse.
Condo Association Parking Regulations :.
Each homeowner has one designated space marked and identified by
unit number, and located as close as possible to the homeowner's unit.
There are limited number of guest spaces so marked and idnetified
by the letter "G".
The information conceqLning parking spots is d-istributed and
communicated to all homeowners thru board notices, special announce-
ments and welcome booklets.- The following excerpts are from these
types of communications which are on file entoto with the association
board.
1. Welcome letter to me as new homeowner Dec 27, 1994
"We ask that you park in your own designated parking space and
that your company will use one of the visitor spaces."
2. Parking Update May 21,1996
"In order to be sure that each homeowner has one designated spot,
it was necessary to rearrange numbering sequence...... pleasetake
an extra minute to check that you are in your designated spot."
3. Notes from the Board Oct 10,19016
"the guest spaces will be clearly marked with a "G" and homeowners
should advise their visitors to use. these spa ces. Parking is
available on the circle, but it should only be used if guest
spaces are not available. No overnight parking is permitted on
the circle. Lastly no parking is permitted on the entry road.
Our goal *-is to continue to provide us with a safe community to
live and entertain in for all homeowners."
4. Prescott:Village Home Owners Assoc, Inc phamplet 1997
" Park-ing: one parking space is assigned to each unit. Since
parking is limited, please advise your guests that overnight
parking is available in designated "G" spaces. Please respect
your neighbors parking spaces ona daily basis."
Conclusion Part-time home business in unit #23 which has been
operating since summer of 1997 violates town zoning laws para 4F
and condo assoc by-laws section8 both of whlih protect neighborhood
property owners from noise, disturbances, nuisance etc., which
interfere with peace, security and character of the area.
Wh,e,n-webu,y..our. condo, we:.d-o'..,,so°-with,.•coofidence that --the. by-laws
a.g.g._,legal,_binding ,and- will` be --followed so -that our security
po.pe,y,..a<�ues<peaeeful:,;:liv-ing,.will be .protected .1
Homeowner unit #23 is conducting a business in the residence which
is detrimental to our quality of life including parking, fire safety,
noise, potential lawn damage, evening and Saturday disturbances,
unknown people enteribg and wander ing around private property, and
most serious,the danger of personal/household safety being compromised.
Homeowner unit #23 should conduct his business either by renting a
local office or service his customers in their homes(lap top computers
are available for "mobil " business people.)
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
124 MAIN STREET
THOMPSON SQUARE
BOSTON. MA 02129-3599
JAMES E. BAGLEY, JR. (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
September 11, 1998
Mr. William Scott
Office of Community Development
and Services
146 Main Street
North Andover, MA 01845
Re: Prescott Village,
Condominium Complex
Dear Sir:
AREA CODE 617
242-7500
FAx 241-7839
E -Mail bagleypc®aol.com
Please be advised that I represent Muriel J. Katschker of 22
Stacy Drive, North Andover, Massachusetts, with whom you have been
in correspondence concerning her complaint regarding the business
being conducted at #23 Prescott Village by Joseph Houle, the owner
and occupant of that unit. I understand that my client's complaint
was filed with you on June 9, 1998 after having consulted the
building inspector concerning improper use of this premises for
business purposes. She has also communicated with Selectman Donald
Stewart and members of the condominium where she is a resident.
You wrote my client on June 10, 1998 setting out certain items
and stating that in your opinion the matter was one which should be
determined and concluded between my (Tient and the association. On
July 15, 1998 my client wrote you, delivering to you a copy of the
Prescott Village Homeowner Association vote stating that Mr.
Houle's use of the premises was not consistent with the
Association's rules and regulations, and that he had been advised
the activity was r)o longer to be conducted at his residence. My
client also asked` you in the letter of July 15, 1998 to take
whatever action was necessary to revoke his Business Certificate at
that address under applicable zoning regulations, and asked whether
or not you had authority to do this or whether or not this should
be taken up with the. Clerk's office.
! / . -c �J
-)-P/ (2-d- 4o'
BAGLEY & BAGLEY, P.C.
Page Two
September 11, 1998
My client wrote you again on August 4, 1998 questioning what,
if any, action had been taken vacating the business certificate in
accordance with the Town By -Laws and to date she has not received
any response in connection with that correspondence.
Very truly yours,
Ralph R. BagleF4�47
RRB/cs
cc: Ms. Muriel J. Katschker
Mr. Donald Stewart
Mr. Hank Har
V
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
124 MAIN STREET
THOMPSON SQUARE
BOSTON. MA 02129-3599
JAMES E. BAGLEY, JR. (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
October 23, 1998
Mr. William Scott
Office of Community Development
and Services
145 Mair, Street
North Andover, MA 01845
Re: Prescott Village
Condominium Complex
Dear Sir:
O C T 2 1993
---------------
AREA
—AREA ConF Fi 1 7
242-7500
FAx 241-7839
E -Mail bagleypc®aol.com
On September 11, 1998, I wrote you concerning my
representation of Muriel J. Katschker of 22 Stacy Drive, North
Andover, in connection with her objections to the use of #23
Prescott Village by Joseph Houle, the owner and occupant of the
unit, for business purposes. I have made phone calls to you since
that date without the courtesy of a reply.
I wish to resolve this matter with you as soon as possible,
but rest assured that the matter will be resolved with or without
your cooperation, either by administrative remedy or legal action.
Please respond to me within ten (10) days from the receipt of
this letter so that an amicable resolution -may be achieved.
Very truly yours,
Ralph R. Bagley
RRB/cs
cc: Ms. Muriel J. Katschker
Mr. Donald Stewart
Mr. Hank Hr
BAGLEY & BAGLEY, P.C.
ATTORNEYS AT LAW
124 MAIN STREET
THOMPSON SQUARE
BOSTON, MA 02129-3599
JAMES E. BAGLEY, JR. (1928-1973)
RALPH R. BAGLEY
PAUL T. SULLIVAN
MARTHA R. BAGLEY
KEVIN DONIUS
September 11, 1998
Mr. William Scott
Office of Community Development
and Services
146 Main Street
North Andover, MA 01845
Re: Prescott Village
Condominium Complex
Dear Sir:
seg
1919
AREA CODE 617
242-7500
FAX 241-7839
E -Mail bagleypc@aol.com
Please be advised that I represent Muriel J. Katschker of 22
Stacy Drive, North Andover, Massachusetts, with whom you have been
in correspondence concerning her complaint regarding the business
being conducted at #23 Prescott Village by Joseph Houle, the owner
and occupant of that unit. I understand that my client's complaint
was filed with you on June 9, 1998 after having consulted the
building inspector concerning improper use of this premises for
business purposes. She has also communicated with Selectman Donald
Stewart and members of the condominium where she is a resident.
You wrote my client on June 10, 1998 setting out certain items
and* stating that in your opinion the matter was one which should be
determined and concluded between my client and the association. On
July 15, 1998 my client wrote you, delivering to you a copy of the
Prescott Village Homeowner Association vote stating that Mr.
Houle's use of the premises was not consistent with the
Association's rules and regulations, and that he had been advised
the activity was no longer to be conducted at his residence. My
client also asked you in the letter of July 15, 1998 to take
whatever action was necessary to revoke his Business Certificate at
that address under applicable zoning regulations, and asked whether
or not you had authority to do this or whether or not this should
be taken up with the. Clerk's office.
August 4, 1998',
TO: William Scott, Director, Comm Dev & Services
FROM: Muriel Katschker, 22 Stacy Drive., North Andover, Ma
SUBJ: Revoking DBA issued. to J. Houle on April 21, 10-98
cc: Donald Stewart, Selectman & Chairman, `-Licensing Board
This correspondence is a follow-up to my previous.two memos
addressed to you on July 15, 190-8, June 29,10-0-8, and my
telephone conversation with you on. June 15, 10-98, concerning
Complaint for Investigation filed with the Building Department
June 9, 1998.
The subject of all the above -listed communications is the
violation of town zoning laws para 4.122 Resident 4 Distract
para 4f on the part of homeowner unit #23, Prescott Village
Condo Complex. On July 15th I sent you a copy of the Homeowners
Association letter, stating that such business activity in the
resident condo #23 is not allowed and must cease. I also
requested that the town accepts its share of responsibility and.
revoke the DBA issued to J. Joule on April 21, 1998.
As of this date, I have not received. a response from you, informing
me of the town's resolution of the zoning violations. I believe
sufficient time has gone by for the situation to be concluded
before other town authorities become involved.
I realize that you are involved. with current town issues.
However I must remind you that fam a taxpayer as well as those
with publized problems. Therefore I ask that my issues be
considered as important as those of others and brought to a
conclusion by yourself and/or department.
Thank you in advance.
July 15, 1 QQ8 �'�6'1,901,
TO: `William Scott, Director Comm Dev & Services
FROM: Muriel Katschker, 22 Stacy Drive, North Andover, Ma
SUBJ: Complaint for Investigation filed June Q, 1008 11
cc: Donald Stewart, Selectman
encl: Prescott Village Condo Association letter
Please find enclosed a copy of the board decision made on
behalf of the Prescott Village Homeowners Assocation
concerning the violations on the Fart of Homeowner unit #23
of the town zoning laws and the Assocaiton By-laws.
The Association has advised the homeowner -'.unit #23, Joe Houle,
to cease his business activity being conducted inthe residence.
According to the Association, he Will comply with the decision.
Since the Association has made its decision for "no business
activity" in unit #23, the town must now take the action, as
its responsibility, to revoke- the DBA issued April 21, 1008,
and inform the homeowner that he can no longer violate town
zoning regulations para 4.122 Resident 4 District para 4f.
I do not know whether the revoking of the DBA is the responsibility
of the Town Clerk's office (it was issued by that office) or
the responsibility of theBuilding Department which has the
authority to declare violations and take the appropriate action,
according to my conversation with Mr Nicetta on March 27th.
In closing, you will recall that I sent you a memo dated June 29th,
summarizing our previous telephone conversation on June 15th
which included a commitment for an on-site inspection, and a
resolutionon these violations. As of this date, I have�not
heard from you. Should there by any questions about the Association's
position which may be affecting your actions, then the enclosed
Assocation's letter should dippoll _: any possible concerns.
PRESCOTT VILLAGE HOMEOWNERS' ASSOCIATION INC.
26 Stacy Drive ♦ North Andover ♦ MA 01845
June 24, 1998
1-0 3D
C-1
Ms. Muriel Katschker
22 Stacy Drive
N. Andover, MA 01845
Dear Ms. Katschker:
This is in regard to your letter dated May 11, 1998 concerning "issues" and
the Boards' decision on this matter.
After careful consideration of this subject, we have concluded that the
activities of Joe Houle may not be consistent with the Association's rules and
regulations. Therefore, we have advised Joe that this activity should no longer be
conducted at his residence.
While he was not aware that a problem existed, he has indicated that he
will comply with our request.
For the Board,
Hank Har
President
.,
June 29,1908
TO: William Scott, Director Community Dev & Services
FROM: Muriel Katschker. 22 Stacy Drive, North Andover, Ma C
SUBJ: Complaint for Investigation filed June 9, 10-G8
cc: Donald Stewart, Selectman
I regret that I have not been able to write to you before this
date as a follow-up to our telephone discussion on June 15,1998,
concerning the Complaint for Investigation filed with the
Building Department on June 9, 1Q98.
I appreciated your time and the attention you gave to my protest
on the inadequate and completely incorrect response that Mr Ncetta
submitted in response to my complaint.
You may recall that several items were discussed during our
telephone discussion , •all of which focused on the total lack of
understanding on the part of the Building Commissioner on what
is the real issue. The real issue beingthat Homeowner $23 is
violating town zoning law Para 4.122, Residence 4 District Para 4f.
In addition the numerous opinions and statements expressed in his
letter June 10, 190-8 are erroneous, especially those concerning the
Condo Association of which he has no knowledge.
As our telephone discussion concluded, you advised me that an
on-site inspection would be conducted at the earliest time and. the
appropriate action taken.
I am anticipating that the violation of para 4f will be resolved
within the next few weeks.
I look forwardto hearing from you.
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM I SCOTT
Director
30 School Street
North Andover, Massachusetts 01845
June 10, 1998
Ms. Muriel J. Katschker
22 Stacy Drive
North Andover MA 01845
Re: Complaint - Home Occupation
23 Stacy Drive
Dear Ms. Katschker:
Thank you for your June 9" detailed complaint and Section 8 Restriction
of the Condominium Association By -Laws ("Association").
The following are my observations and comments:
1. A home occupation is allowed in the R-4 District, no zoning permit is required
by the town.
2. You state in your letter and enclosure that "The Association" require(s) that a
home occupation must obtain written permission to conduct business on the
premises and that none has been granted to unit #3.
3. "Association" regulations state that no signs/ plaques shall be placed on the
exterior of the Town House(s), yet Unit #23 persists in doing so. However,
the "Association" continues to condone it which is a clear violation of the By -
Law.
4. The "Association" states that condominium owner(s) must park vehicles in
designated number spaces. Nevertheless, the occupant of Unit #23 allows
his customers to park at will in the parking areas of the complex and the
"Association" does nothing about the violation.
5. Danger of condominium break-ins is a Police Department matter and
not a zoning issue.
6. Landscape bill of $13,000.00 is an "Association" matter and not a
zoning issue.
CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535
*BUILDING OFFICE - (978) 688-9545 0 *ZONING BOARD OF APPEALS - (978) 688-9541 0 *146 MAIN STREET
2
7. Tax assessment of $157,000.00 is an "Association" matter and not a
zoning issue.
After review of the submitted documents, I am of the opinion that the
"Association" does not object to the home occupation performed by the occupant
of Unit #23. The "Association" must determine if this use is detrimental and in
violation if their By -Laws and if so take appropriate action in the matter.
As such, I am at this time, of the opinion that the problem must be solved
between you and the "Association".
If you have any further questions, please contact my office.
Very truly yours,
RN/j D. Robert Nicetta, Building Commissioner
cc: William J. Scott, Director CD&S
Donald Stewart, Selectman
enclosure
June 9,1998
TO: Robert Nicetta, Building Commissioner
FROM: Muriel Katschker, 22 Stacy Drive, North Andover
SUBJ: Complaint for Investigation
cc: Mr Donald.,$tewarl,Selectman
encl: (1)complaint for investigation form
(2)description of issues and facts supporting need for
investagation and. resolution
You may recall that I talked with you via telephone on March 27,1998
concerning the part—time business being conducted in residence unit
#23, Prescott Village and the detrimental affects it was placing
on the neighborhood including noise, disturbances, illegal parking,
invasion of privacy in a secluded. area, etc. You, at that time,
advised me to contact the Condo Assoc first. This I have done
._'wwith no resolution up to this date. There appears to be a great
,_deal of delaying action.
I have talked with Donald Stewart, asking him for town help in
trying to preserve the rural atmosphere of Prescott Village,and in
a wider range, North Andovev. Business being donducted in a 25 unit
private development condo complex is contrary to the town's interest
in preserving our rural environment. I am also interested in
protecting my property value. Mr Stewart advised me to submit my
complaint to you. I believe he has alerted you to my contacting you.
I would appreciate it if you would conduct the invest igation so
that impartiality is guaranteed. You may recall that my initial
contact with your subordinates was not helpful; in fact all three
employees found my situation amusing.
I wish to call your attention to 2 other matters. (1) When I inquired
about town zoning laws on March 16, 1998 at the Town Clerk's office,
there was no DBA issued at that time. It was issued after I contacted
the Condo Assoc on April 6, 1998.. (�2)It has been stated by others
that the part—time business is seasonal. I do not know what this
means as customers were on the property starting last summer and
increasing in number thru April 1998. It is irrelevant whether the
business iSseasonal, annual or any other time.
Thank you in advance for your assistance.
Sincerely,
Muriel Katschker
WILLIAM J. SCOTT
Director
Town of North Andover I No DT "�ti
OFFICE OF 32 .° oc
COMMUNITY DEVELOPMENT AND SERVICESIsmammum=p
146 Main Street •�
North Andover, Massachusetts 01845 �,9c ..,,, .•ESh
COMPLAINT FOR INVESTIGATION
DATE: �� 1'�C e
FROM: `(A 0 vi- l e ?._ J l�-!�r S G It t-0 t2 .
ADDRESS: Tel. #: �., --5-� l Z
Complaint Against:
ELECTRICAL:
PLUMBING:
GAS:
BUILDING CONTRACTOR:
PROPERTY OWNER: l�Olu�Oc v _ v � I r- � Z-.3. TO-�sc a rr U! '�
�2-S' v Uc�L,2)e uxr- LCUX oo
OcPe—r,-�rtnVarLrriktC iJ}MAu00)-LTA K�,
OTHER: ('v cb t_L C- O hk U'Q-0TE !z -t % . Ca�, rtL , CArts, t- T�kS
tb l� iJ t S rU M � r9,--( C C. -S. Pr -t M4 --i t -t Vt, 0 /+T -I or< S; Pl- rZfr�
Sri r& Ty 9�.v/��7
t(rL c Q rz v L
�.
Signed:
Jan. '97
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
The Issue : Thee-tram-e-own-er""` n unit x#23 s -conduct -ng-a-part=time
aec-cvu7nt�in: bu i s6- n violation of town zoning laws and association
bylaws. He has opened up a private way and introduced the paying
public to the village's privacy and seclusion, thereby pacing our
homes in jeopardy for back -door break-ins. In addition the customers
create parking problems, cause noisy disturbances at 8:OOP.M.
thereafter, as well as during the day on Saturdays. They also
trample on the lawns instead of using the pathways.
Town Zoning Laws Prescott Village is zoned R-4 of which the zoning
laws are very strict pertaining to home -run businesses. I shall
not waste time in repeating all the regulations but shall spell out
the regulations which I believe #23 is in diret violation.
. 1 :--home owned --business in--a-cY on`do c_o_mple-xis-requr-ed-to-gain
e rmy s=i oifr-o-m-the-e-o nd o-a-s.s o c- .a tion -.-ice writing t o --c an d u c t
-pe-r-
a
a: -ss -on the premises.' I bave_rev ewedrall_ the board a
a -nn -U -8l .meet -in �n nutes-di tr bated t,o the: hvneowners--sT nal t
.DecC41r ez 1994,and-h ve found no=m_e_nt on-of-an-approva-l--to-
(e-ond�rt: a�ho-me-bu-scenes-s in -unit -#23 ---
2. th own requires home business operators to file a DBA for
record in the town office. There is no DBA filed for unit #23:e-
3. there shall be no, disply or signs on the outside of the
building. This homewner places .-a-rge-white sign_on the
�ck—T or with his name and unit number pr nted-'on it every night
and Saturday.
4. ...shall not betr-i-mental=:o7 the residential character of
neighborhood dueo....noise, distrubance or in any other way
become objectionable or detrimental to any residential use
within the neighborhood.
(aa--` arkin :: customers park in my driveway,blocking me from
driving my car out of the garage. They have parked in my
restricted parking space as well _as parking over the lines
which prevent my using the restricted space. They start
arriving approx. 8:00 A.M. Saturday and at times two cars are
cued up waiting to see the accountant. These cars line up
on the narrow bake lane thereby blocking other homeowners,
from driving out of the back lane. I observed one car backing
up around the curve heading towards the main access road;`;.,'
which could have resulted in a car accident. At times there
are 2 car}'.s parked on the curve in front of the building;, _
preventing homeowners' visitors to park. (What happens if a
(iir' e�.tr- ckMMust drive into the circle?)
On April 13th, a 30' flat-bed.trailor truck licensed�in
Deerfield N.H. and loaded with a farm tractor on the flat-bed
parked on the circle from 7-8:OOPM. There was not room left
for other cars; there was no�m�f=or�the�f.ireengine if=o_ne
was necessary.
One Saturday morning at 7:45 AM a car parked horizontal
across my driveway. I moved my car oul' of the garage so
that the car would be forced to move. It did with the
comment from the driver"You wer4t going anywhere.11
So we not only are experiencing noise from these customer s but
total disregard of us asproperty owners, as well. The presence
of trucks registered in N.H. a distadne from our Village is also
disturbing from the point of view of break-ins performed by people
living in another state. (How do you catch out-of-state culprits?)
(b)noise and disturbance: -
Customers knock and sometimes pound the back door at 8:Ob P.M.
week nights and all day Saturday. bast summer with doors and
windows open, customers peek into windows if knocks are not
answered. If customers cannot get in the backdoor, they"walk,""
around the property to the front, trampling ;.ons the lawn."` Our
landscape bill last year was $1,x ,000. I do not think we want
extra expense to reseed the la in front of unit ##23 due to
people making a dirt path to the front door.
_(c) detrimental: I believe the most serious result of these
violations is the danger of break-ins thru the back doors
and street floor windows. Prior to the home business, Prescott
Village appeared to the outside world to be secluded thereby
discouraging "exploration". The back lane is narrow, discouraginE
motor vehicle -traffic; it is secluded on one side by 10-121
tree: -like -shrubs and 3 -story outside walls.on the other side.
Unit #23 homeowner has introduced approx 10-12 paying public
persons/week to the privacy and seclusion of the back lane.
Anyone could come in the back lane during the day and break-in
to the total row of houses without interference. (Who would
see the culprits?)
These townhouses were designed fro resldential'use in very`
close "quarters". Imagine if 506 of the : homeowners wanted
home businesses. W e could rename to Prescott'lServices Mall
with cars coming in all times of the day and outside, paying
public walking all over the property. The as'sesament.has`..
increased for all our condos with an approx"'average. of $157,000.
I doubt if any of the homeowneer,sl wish to -:pay ;taxes on these
increased assessments only to�"Yiving among home businesses
with thepublic invading the privacy of the residences.
In reference to the by-laws, Section 8-
Restrlction, the following regulations are:'
(a) no nuisances sahll be allowed, nor shall any .:use or practice
be allowed which is a source of annoyance to the residents or,
which interferes with peaceful enjoyment of the..village.._.
(b) .... and all valid laws, zoning by-laws and- regulations ;lof:..;';:
government shall be observed.
(d)signs- no signs, plaques shall be placedon the exterior.of
the townhouse.
Condo Association Parking Regulations
Each homeowner has one designated. space marked and identified by
unit number, and located as close as possible to the -homeowner's unit.
There are limited number of guest spaces so marked and idnetified
by the letter 11G11,
The information conceqLning parking spots is distributed and
communicated to all homeowners thru board notices, special announce-
ments and welcome booklets. The following excerpts are from these
types of communications which are on file entoto with the association
board.
1. Welcome letter to me as new homeowner Dec 27, 1094 --
"We ask that you park in your own designated parking space and
that your company will use one of the visitor spaces."
2. Parking Update May 21,1906
"In order to be sure that each homeowner has one designated spot,
it was necessary to rearrange numbering sequence...... pleasetake
an extra minute to check that you are in your designated spot.,,
3. Notes from the Board Oct 10,1096
"the guest spaces will be clearly marked with a "G" and homeowners
should advise their visitors to use these spa ces. Parking is
available on the circle, but it should only be used if guest
spaces are not available. No overnight parking is permitted on
the circle. Lastly no parking is permitted on the entry road.
Our goal. -is to continue to provide us with a safe community to
live and entertain in for all homeowners." _
4. Prescott' -Village Home Owners Assoc, Inc phamplet 1997
" Parking: one parking space is assigned to each unit. Since
parking is limited, please advise your guests that overnight
parking is available in designated "G" spaces. Please respect
Your neighbors parking spaces ona daily basis."
Conclusion Part-time home business in unit #23 which has been
operating since summer of 1D97 violates town zoning laws para 4F
and condo assoc by-laws section8 both of whaih protect neighborhood
property owners from noise, disturbances, nuisance etc., which
interfere with peace, security and character of the area.
11
_c_o
UJ' -1
yi t y
Homeowner unit #23 is conducting a business in the residence which11�1�
is detrimental to our quality of life including parking, fire safety,
noise, potential lawn damage, evening and Saturday disturbances,
unknown people entering and wandering around private property, and
most serious,the danger of personal/household safety being compromised.
Homeowner unit #23 should conduct his business either byrenting a
local office or service his customers in their homes(lap top computers
are available for 'mobil 11 business people.)
TOWN OF NORTH ANDOVER
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
William J. Scott
Director
Ms. Muriel J. Katschker
22 Stacy Drive
North Andover MA 01845
Re: Complaint - Home Occupation
23 Stacy Drive
Dear Ms. Katschker:
June 10, 1998
Telephone (978) 688-9531
FAX (978) 688-9542
Thank you for your June 9th detailed complaint and Section 8 Restriction
of the Condominium Association By -Laws ("Association").
The following are my observations and comments:
1. A home occupation is allowed in the R-4 District, no zoning permit is required
by the town.
2. You state in your letter and enclosure that "The Association" require(s) that a
home occupation must obtain written permission to conduct business on the
premises and that none has been granted to unit #3.
3. "Association" regulations state that no signs/ plaques shall be placed on the
exterior of the Town House(s), yet Unit #23 persists in doing so. However,
the "Association" continues to condone it which is a clear violation of the By -
Law.
4. The "Association" states that condominium owner(s) must park vehicles in
designated number spaces. Nevertheless, the occupant of Unit #23 allows
his customers to park at will in the parking areas of the complex and the
"Association" does nothing about the violation.
5. Danger of condominium break-ins is a Police Department matter and
not a zoning issue.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
120 MAIN ST. 120 MAIN ST 27 CHARLES ST 27 CHARLES ST 27 CHARLES ST
Oi
6. Landscape bill of $13,000.00 is an "Association" matter and not a
zoning issue.
7. Tax assessment of $157,000.00 is an "Association" matter and not a
zoning issue.
After review of the submitted documents, I am of the opinion that the
"Association" does not object to the home occupation performed by the occupant
of Unit #23. The "Association" must determine if this use is detrimental and i6
violation if their By -Laws and if so take appropriate action in the matter.
As such, I am at this time, of the opinion that the problem must be solved
between you and the "Association".
If you have any further questions, please contact my office.
Very truly yours,
D. Robert Nicetta, Building Commissioner
RN/j
cc: William J. Scott, Director CD&S
Donald Stewart, Selectman