TOWN OF NORTH ATTLEBORO ZONING BOARD OF APPEALS VIRTUAL MEETING
June 16, 2020 6:30 P.M.
AGENDA
OLD BUSINESS:
Peter Lewis – 6 Month Extension Request Variance # 2962
Greater Attleboro Area Council for Children – 0 John Dietsch Blvd.
Appeal of Marjorie Avarista & Hannah & Nathan Burrows – 196 Commonwealth Avenue
Robert Rodericks – Primrose Terrace – Continuing until June 29, 2020
NEW BUSINESS:
Arsen Hambardzumian – 170 Bungay Road
Jay Hewitt – 28 Mt. Vernon Road
OTHER ITEMS:
Approve Meeting Minutes from May 19, 2020 Meeting
Any Other Board Business
GREATER ATTLEBOFtO AREA COUNCIL FOR CHILDREN, INCORPORATED for a Variance from Section IV, Intenshy Regulations, Schedule A (lot width requirement) and a Variance from Section VLA. I & 3 Supplementary Regulations, Off Street Parking and Loading Requirements (required parking space size & number of required spaces) of the North Attleboro Zonirg By-law to construct a new 27,560 SF two story building on the property located on John L. Dietsch Boulevard. The property is further described as Lots 718 & 719 on the Assessors Plat Number 34 and located in an 1-60 Industrial District. 03/02, 0310912020
APPEAL FROM A DECISION OF TIlE INSPECTOR OF BUILDINGS Hannah & Nathan Burrows of 4 Simmons Court and Marjorie Azarista of 1 Simmons Court are appealing building commissioners failure to respond to their September 19, 2019, inquiry regarding the status of the tree replacement and fencing on the property at 1~8 Commonwealth Avenue as required in the ZBA Decision ft 2470. The property was originally part of Lot 8~ on the Assessors PIat 15 but now identified as Lot 132 on the Assessors P1st 15 and located in an R~15 Residential District and containing 37000 ÷/~ Square leet of land. ZBA NORTH ATTLEBOROUGH ZONING BOARD OF APPEALS Notice is hereby given that in accordance with the provisions of Chapter 40A of the Massachusetts General Laws and any and all amendments thereto and in accordance with Governor Bakers Executive Order of March 10. 2O2Wa public hearing will be held VIWLUALLY on Tuesday, June 16, 2020 at 6:30 PM. Directions on how to attend the meeting and all corresponding documents can be found on the Zoning Board of Appeals Website athttps:llwww.nattlebororomlzoninq. ~L~-ot-appeaIs Please check the website the day ~ the meeting for updates. The Board will be discussing the following items: ARSEN HAMBARDzUMIAN for a Special Permit pursuant Section V, Use Regulations, Schedule B, 01 the North Atlleboro Zoning By-laws to allow a 12’ X 12’ chicken coop with twelve chickens as shown on the submitted plans on the property located at 170 Bungay Road. The property is further described as Lot Number 139 on Assessors Plat 38 and located within an R-15 Residential District and within the Aquifer Protection Overlay District and contains 31,475 +1- SF of Land. JAY HEWITT for a Variance from Section IV, Intensity Regulations, Schedule A (side yard setback) of the North Attleboro Zoning By-laws to construct an addition as shown on the submitted plans on the property located at 28 Mt. Vernon Ave. The property is further described as Plat 38, Lot Number 98 and located within the R-15 Residential District and within the Aquifer Protection Overlay District and contains 12,632 +1- SF of Land 05/28, 06/04/2020 Michelle Direnzo
From: [email protected] Sent: Wednesday, May 20, 2020 10:34 AM To: Michelle Direnzo Subject: Re: Zoning Variance 2962
Michelle, Thank you, yes I do want to request a one time six month extension of the variance (2962) for my porch project at 966 Longview Dr. Thanks Peter Lewis
---—Original Message From: Michelle Direnzo
Hi Peter,
All I will need is an email requesting that the Board grant a one time six month extension and the Board wil vote on it at their next meeting.
That simp e.
Let me know if you have any questions. I look forward to receiving your email.
Thank you~
Michelle DiRenzo
From: [email protected] [mailto:[email protected]] Sent: Wednesday, May 20, 2020 1:50AM To: Michelle Direnzo
Original Message——- To: mdirenzo@north attleboro ma us ——-Original Message-—— To: m.direnzo(ama tleboro.com ZONING BOARD OF APPEAL DECISION In Re: Peter Lewis Decision # 2962 966 Longview Drive Owner of Record: Peter Brooks & Judith Lewis 966 Longview Drive North Attleboro, MA 02760 Date of Decision: May 21, 2019 Application dated: April 15, 2019 Nature and Scope of Application: An application was filed on April 16, 2019 with the Town Clerk for a Variance from Section IV, Intensity Regulations Schedule A (front yard setback requirment) of the North Attleboro Zoning By-Laws to allow the construction of a new 72 sf +1- front porch as described in the application and shown on the submitted plans on the property located at 966 Longview Drive. Statement of Facts: The premises concerned is located in an R-1 5 Residential District and delineated as Lot Number 134 on Assessors Plat Number 29. Notice Provision and Hearing: In accordance with the provisions of the General Laws, the Zoning By-laws and the Rules of the Board, the Clerk of the Board notified the public and other parties in interest of a public hearing to be held on the application in the Town Hall on May 21, 2019, by causing a notice thereof to be published on April 24, 2019 and May 1,2019, in the Sun Chronicle, a newspaper of general circulation in the Town of North Attleboro and by mailing a copy of the notice on April 24, 2019, to all persons owning real estate, in accordance with Massachusetts General Laws, Chapter 40A, Section II, as shown by the most recent Assessor’s Map. A copy of the notice is appended hereto. Notice was also filed with the Town Clerk’s office in accordance with the provisions of Chapter 39 of the General Laws. 2 Pursuant to the advertisement and notice, the Board held a public hearing on said application on May 21,2019. Prior to the hearing members of the Board inspected the premises in question. At the hearing application was read into the record. The applicant, Peter Lewis, was in attendance. He expressed that there were other properties within the neighborhood with similar front yard setbacks. There were no parties in attendance speaking in favor of or in opposition to this application. Decision of the Board: By unanimous consent of the five members of the Board hereinafter listed, each and all voted in favor of granting the variance to allow the applicant to construct the front porch as shown on the submitted plans with the following condition: 1. The porch shall be no closer than 27 feet to the front yard lot line. Basis for the Board’s Decision: In the opinion of the Board the applicant has met the criteria for the granting of the Variance. There are other homes in the vicinity with similar setbacks and in the Board’s opinion, the use will not cause substantial detriment to the public good nor impair the purposes or intent of the by-law. This Board hereby certifies that a copy of this decision and all plans referred to therein have been filed with the Planning Board and Town Clerk of North Attleborough. Appeal of this decision, if any, shall be made pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws and shall be filed within twenty days after the date of filing this decision with the said Town Clerk. The Inspector of Buildings shall not issue a permit until the applicant submits certification from the Bristol County Registrar of Deeds pursuant to Section 11 of Chapter 40A of Massachusetts General Laws that this Decision has been recorded. Attested & Certified ______Russell E. Baumann Kathryr1~b1ley Sandr 00 Glenn Ofcarcik Benjamin Dowling 4 Certification of the Town Cleric of North Attleborough. Massachusetts: The undersigned certified that he is the duly elected and acting Town Clerk of the Town of North Attleborough. That the above decision of the Zoning Board of Appeals upon the application of Peter Lewis was filed with the office of the Town Clerk on the day of That twenty days have elapsed since the filing of this decision with the office of the Town Clerk and no notice of appeal has been filed with said office pursuant to Section 17, Chapter 40A of the Massachusetts General Laws (as amended). Attest: Town Clerk Notice of Variance: Conditional or Limited Variance or Special Permit The aforesaid premises is identified by a deed duly recorded in the N.D. Bristol County Registry of Deeds in Book ______Page , or said Registry District of the Land Court shown as Certificate No. Book Page_____ 4 RECEIVED APR23 2O~9 N. TLEB0R0 ‘ço~Ik CLERK 05121/19 ZBA Meeting May 21, 2019 ZBA MEETING NORTH ATTLEBOROUGH ZONING BOARD OF APPEALS Nolice is hereby given that in accordance with the provisions of Chapter 40A of the Massachusetts General Laws and any and all amendments (hereto a public hearing will be held on Tuesday, May 26, 2019 at 6:30 PM in the Town Hall Lower Level Conference Room on the following applications: PETER LEWIS for a Variance pursuant to Section IV, Intensity Regulations, Schedule A (front. yard setback requirement) oI the North Attleboro Zoning By-Laws to construct a 19x 6 front porch as shown on the submitted plans on the property located at 966 Longview Drive. Further described as Lot Number 134 on the Assessors Plat No. 29 and located in an R-15 Residential District. HILLTOP PROPERTY GROUP LLC for a Sp~clal Permit pursuant to Section V, Use Regulations, Schedule B, (to allow 3 dwellIng units) and a Variance from Section IV, Intensit Regulations, Schedule A (lot area requiremenl) ot the Non Attleboro Zoning By-Laws to convert the property located at 20 DivisIon Street from a Boarding House into a three family home as described in the application. The property is further described as Lot 43 & 44 on the Assessors Plat 3 and located in wi R-10 Residential district with 10,018 i-/- square feet of land. 04/24/2019, 05/01/2019 ?nnin~ iNnarui nf 1~ppeai NORTH ATThEBOROUGH MASSACH1JSETrS North Atfieboro Town Clerk 43 South Washington Street North Attieboro, ~1A 02760 Application for Permit, Exception or Variance TO TI-fE ZONING BOARD OF APPEAL NORTH ATJ’LEBOROUGH, MASS. Date: February 5, 2020 Ladies and Gentlemen: The undersigned hereby applies to the Zoning Board of Appeal for variances to use the following described premises In a manner contrary to the provisions of the Zoning By-Law: Name of Apolicant: Greater Attleboro Area Council Address: 4 Hodges Street for Children, Incorporated Attleboro, MA 02703 Owner: Greater Attleboro Area Council Address: P.O. Box 1228 for Children, Incorporated North Attleboro, MA 02761 Mortgage (if any): N A Address: NA Location of Premises. 0 John L. Dietsch Boulevard Street No. Name of Street Assessors’ Plat — No. 34 Lot No. 718 and 719 Dimensions of Lot - Frontaae: l84.4’± ~wth: 372± Aasi 84,716+ - Square feet Zoning districts In which Dremises are located: 1-60 How long have you owned above premises? Since September, 10. 2019. Is there a building on the premises at present? No. Size of existing building: Not Applicable Prooosed building: The applicant desires to construct a two story building containing 27,560 square feet as shown on the site plans attached hereto as Exhibit B. Pronosed use of premises: To support the applicant’s not for profit educational endeavors, including a food bank, clothing distribution facility, an educational program for women’s nutrition, and credit counselling services. Extent of orooosed alterations: As shown on the site plan attached hereto as Exhibit B. Number of families to use building: None. Provision or regulation of zoning by-law or State Enabling Act underwhich application forexemotion. permit or variance is made: M.G.L. Chapter 40A, Section 10; Section VIII.I.9 of the Zoning By-law for the Town of North Attleborough. State grounds for exception. permit or variance: See Exhibit A attached hereto. GREATER ATTLEBORO AREA Respectfully submitted: (Signature) (Address) Telephone: (508)226-4000 NOTE: A location plan and such sketches as may be required by the rules of the Board shall be filed with the application. 2 EXHIBIT A Application of Greater Attleboro Area Council for Children, Incorporated for Variances Greater Attleboro Area Council for Children, Incorporated (hereinafter called the “applicant”) hereby applies to the North Attleborough Zoning Board of Appeal (“Board”) for the following relief pertaining to the property located at 0 John L. Dietsch Boulevard, North Attleborough, Massachusetts and more particularly described as North Attleborough Assessors’ Map No. 34, Lots No. 718 and 719 (hereinafter called the “Property”). 1. A variance from the provisions of Section IV.A INTENSTITY SCHEDULE A of the North Attleborough Zoning By-law (hereinafter called the “By-law”) which requires a lot within the 1-60 zoning district have a minimum lot width of not less than 200 feet to enable the applicant’s Property to have a minimum lot width of not less than 120 feet resulting in a variance of 80 feet. 2. A variance from the provisions of Section VI.A.3 of the By-law that requires accessory off-street parking spaces be 10’ x 20’ to enable the applicant to have 61 accessory off-street parking spaces measuring 9’ x 18’. 3. A variance from the provisions of Section VI.A. 1, SCHEDULE C. OFF-STREET PARKING REGULATIONS that requires a community facility have one off- street parking space per each 400 square feet of gross floor space to allow for a total of6l off-street parking spaces instead of the 69 spaces required. As grounds in support hereof the applicant states as follows. The Property is located within the 1-60 zoning district. Attached hereto as Exhibit B is a plan entitled “GREATER ATTLEBORO AREA COUNCIL COMMUNITY FACILTY” (hereinafter called the “Site Plan”) that depicts the applicant’s proposed development of a 27, 560 square feet, two story building to house the applicant’s community facilities. The applicant plans to use the building for the following activities: 1. The Hebronville Food Bank. The food bank operates three days per week (Mondays from 10:00 A.M to noon, Wednesdays from 3:00 P.M. to 5:00 P.M. and Thursdays from 5:00 P.M. to 8:00 P.M.). 2. A clothing distribution facility for people residing in shelters operated by one or more local charitable organizations. All of the clothing available is free and there are no sales of any clothing. This clothing facility operates one day per month from 10:00 A.M. to 11:30 A.M. On that same day the clothing dispensary is open for donations from 9:00 A.M. to 10:00 A.M. 3 3. The WIC Program which is a program for women’s, infants’ and children’s nutrition. This program operates four days per week (Mondays from 9:00 A.M. to 4:30 P.M., Tuesdays from 11:00 A.M. to 6:30 P.M, and Thursdays and Fridays from 9:00 A.M. to 4:30 P.M. 4. American Credit Counselling Services. This agency provides free credit and financial counselling services for low income individuals that are receiving support from philanthropic organizations, such as Christmas is for Kids. This program operates Monday through Friday from 10:00 A.M. to 6:00 AM. and has not more than three employees on the premises at any given time. The applicant falls within the ambit of the Dover Amendment which allows the building commissioner and zoning enforcement officer for the Town of North Attleboro to determine whether any density regulations (such as bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements) shown on the applicant’s Site Plan comply with the By-law and/or whether any deviation therefrom is reasonable under the circumstances. The Dover Amendment as set forth in G.L. c. 40A, § 3 provides that the applicant’s educational purposes may be subject to reasonable regulations concerning density requirements. By letter dated December 20, 2019 from Russ Wheeler, the Town’s building commissioner and zoning enforcement officer, a copy of which is attached hereto as Exhibit C, Mr. Wheeler determined that (i) the applicant’s 22.9 feet and 10.4 feet side yard setbacks as shown on the site plan are reasonable and would not require variances from the Board; and (ii) that reasonable buffer zone requirements may be achieved by the installation of a 6 feet stockade fence with suitable privacy plantings along the westerly and northerly boundaries of the Property. Given these determinations the applicants seeks no setback or buffer zone relief. The applicant now seeks relief from the Board from the off-street parking requirements as directed by Mr. Wheeler, and the applicable lot width requirements of the By-law, all as set forth above. The applicant further asserts that its request for variances set forth herein may be granted by the Board for the following reasons. a) Conditions and circumstances are unique to the Property, structure or building and do not apply to the neighboring lands, structures or buildings in the same district. b) Strict application of the provisions of the By-law would deprive the applicant and owner of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighborhood lands, structures or buildings in the same district. 4 c) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the By-law. d) Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of the By-law. e) Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district. Based on the foregoing and evidence to be submitted by the applicant during the public hearing on the instant application the applicant respectfhlly requests that the Board grant the variances requested herein. GREATER ATTLEBORO AREA COUNCIL FOR CHILDREN Dacid C. Manoogian, Esquire Carriage Court 149 Pleasant Street Attleboro, MA 02703 508-226-4000 E-mail: dmanoog I 49(~aol.com February 5, 2020 Forms/Greater Attleboro Children APP for variances 5 ZONING BY-LAW REQUIREMENTS No (Alt R(VI6IDNO LEGEND NOTES: 18717111 ASREEDTIIS 80814182101. ZONING DISTRICT: 160- INDUSTRIAL EXLRTIPIO PROPOSED USE: COMMUNITY FACILITY I. EXISI1NG CONDIIIONS 11W34E OBTAINED FROM FIELD SURVEY PREPARED BY LEVEL ‘-(0410(4 —BiER--— REQUIRED PROPOSED DESIGN GROUP, LLC OR ThEIR AJ1FIUKITD COMPANIES lONE II. 2019. filE DIWUEPIII NIH. LOT AREA 60.000 S.F. 84.710 S.F. VIEI1..AN0S WERE FLAGGED BY GLJ4 AT ThE SAME ‘lIME AS ThE SURVEY WAS BEING --WAItE MN. LOT FRONTAGE 200Ff 184.4Ff PREPARED. 1(02040 IIAIDIXI 4113. LOT 810114 200FT 120F1 - (3000414’ MIII. LOT 080114 300Ff 372FT (AS FRONT YARD SETEADIC 75FT 152.3Ff -- - SIIWIARLIEEWA EDE YARD SETSACX—RESISENI1AL 2SFT 22,9Ff EDE YARD SEmACK—INDUSFRIAL 25Ff l0.4F11 .SL REAR YARD SEISACI< 25FT 49.7Ff ((1004 IAAIOEfl m MAX. BUILDING HEIGHT 3OFT 24F1 MAX. NUMBER OF STORIES 2 1/2 2 0(011 wsrnaE MAX. OLDGJLOT COVERAGE (6) ≤3502 32,8% - 40141 BUILDING FLOOR AREA (SF) 27.560 S.F. ‘~CATDA 04541 MIN. OPEN SPACE (z) ~30% 45.0% PARKING REQUIREMENTS REQUIRED PROVIDED — CIII PARKING SPACE DIMENSION 10’ X 20 9 X 18 COOT (4(01 COMMUNITY FAC (27,S60±S.F.) EB 58 PO410-.Eo 5.101 A4011.tA110 (toCt lIP ((tIP I SPACE / 400 S.F. 11(11010 (ALL III 111111 DEAL CIX SlEET4 044 (0041410 EOIAUIIA1IIII NANDICAP SPACES 3 3 011110CC 1000011 TOTAL SPACES 69 61 UtIlE POLE ZONE A FLOOD ZONE FICTIIIN WERANDS 18-13 P040(4_ED 5’ 151 4JITQAAlI_0 WOOl 010 9~ ‘ALLOWED AS AN EXEMPTION UNDER MGL ChAPTER 4DA FLOOD MAP 2SOD5CDICSG RUA100lO WAIL Plot SECTON 3 ThE DOVER AUENDMD4T IS’ 1.11(1418 4’ (Toll 001.0 ‘CI II 14 I0X44111j~ 084411041(41801001 10—Il — TO 000 810 ‘~1~ ZONE —~ lOIS (33 102L Il—SOW 0011001 P01(1111 —+ 81$. ~ (00101101. I II 32 11*01 214+1 LOT 2 1010 - SATE, 0(01(148(1W lOIN 42,697 ± S.F. ~,IS 004814: 0,61040 SCALE; E~OE TO—s 88—I ID—S ‘~r~ - ‘10—0 - -‘ ~ -b 18—2 I ‘ 10—8 / -J REBAR SET C-) 0 ~ 62 z BOLl D ~~oe FOOTPRINT I g 13,780 ± S F TWO-STORY 0 N FFE9329 C-) J \ SFE-10529 ODE— N < W /~ o::: I— colt ~L0T0OW / ‘-I.- W LOT 1 ‘.c r 0 D I-’- C.) L.L H O (I) LOI2E004 POZEOWIALEEOOOLEJ ~ cV cr2 (POLl U 01 PEPtIC ~UW ~ ~ar4r(P~NTIJ — LU ~ N-CO — — _ .1(4’ SEC — — ____ F— f-Oó>~ T4=~ t9~ - ‘L W~I I I ~ el’ ~!Sa~~ ~ o:: <.JQW — t 1<1043(01 U-UJCouJ (mottLES 0 LU >-ot--~ ~ ~‘ / /SPACES ~ 5SPAcffs~° F— F-O≤LU~E _‘NIQ’-. - I c( LU Q~ ~C’)0~ O(OOcwrao, 5SPACrS N Cj_E I O~-:3C 0 (9 OECoZ -~ 8SR4Cfs OLL & (au) LEVEO -- -- L.__ H 101.(nopIs(R’o1G/LAI00101(Er.RG ~ 24ESOLYIO4SWEET UN1E T PLAINVILLE. MA 02792 - r >< XThACNflZUn_i{f IEL (I08)lSl-?22( FAX 18001 830.2211 ~~H— ~ LAYOUT & MATERIALS JOhN L. DI~T5CM DOUL~VARD C~28O SHEET SOFT 0’ 101 Or, ICE 1674~OO TOWN OF NORTH ATTLEBOROUGH BUILDING DEPARTMENT 43 So. Washington Street, North Attleborough, MA 02760 Phone 508-699-0110 Fax 508-699-014 December 20, 2019 Any. David Manoogian Carriage Court 149 Pleasant Street Attleboro, MA 02703 Re: Greater Attleboro flea Council for Children 0 John Dietsch Blvd, North Attleborough, MA (Map 34, Lots, 718 & 719) Dear Mr. Manoogian: In response to your email inquiry on November 13, 2019, pertaining to your clients proposed project at the above referenced address located in North Attleborough, MA, please note the following. As indicated in your correspondence dated 5/14/1 9, Greater Attleboro flea Council for Children, Inc. is categorized as a not-for-profit Massachusetts corporation, organized for educational and charitable purposes. In accordance with the North Attleborough Zoning By-Laws, Section V-Use Regulations, Schedule B, Community Facilities, 2., this would be an allowed use in all zoning districts. Furthermore, the Building Inspector/Zoning Enforcement Officer may make reasonable allowances concerning density requirements under the provisions of M.G.L. Section 3 (Dover Amendment). According to the preliminary site plan provided, it appears that setback relief would be required, due to the proposed location of the structure and the unusual shape of the lot As indicated on the plan, the north and westerly sides of the parcel do not provide sufficient area for the 35’ buffer required under Section IV.B.6 of the Town’s Zoning Regulations. ,4Jso, the parking spaces as shown on the proposed plan do not conform to the Town’s current Parking Regulations, which require that accessory off-street parking spaces be no less than 10’ x 20’ in size. Upon the completion of my review of the materials provided, I offer the following recommendations: 1. As previously stated, the shape of the lot makes it difficult to conform to the 25 ft. side yard setback requirement for properties within this 160 Zoning District Therefore, it is my opinion that an exemption from the Town’s Intensity Regulations would apply under the provisions of M.G.L. Section 3 (Dover Amendment). 2. The Parking Plan (02.0) shows in excess of the amount of parking spaces required for the proposed building. However, the dimensions of the spaces do not conform to the Town’s current Parking Regulations, which require a minimum size of 10’x20’. Therefore, I suggest that either the parking plan be modified to conform to the current Parking Regulations, or that the applicant(s) seek the applicable Zoning Board relief. 3. Due to the close proximity of the neighboring residential properties, I recommend the installation of a 6 ft. stockade fence with suitable privacy plantings along the westerly and northerly boundaries, to provide a buffer. Lastly, I would like to emphasize that a determination as to whether the proposed project meets the criteria for exemption under the Dover Amendment has been given careful consideration. However, the burden of proof that the local requirements are unreasonable as applied to this proposed project, is ultimately the applicant(s) responsibility. Building Commissioner/Zoning Enforcement Officer 2 uenerai ~aw - tart i, i me vu, cnapter ‘Wa, section .~ rage i ot ‘I Part I ADMINISTRATION OF THE GOVERNMENT Title VII CITIES, TOWNS AND DISTRICTS Chapter 40A ZONING Section 3 SUBJECTS WHICH ZONING MAY NOT REGULATE; EXEMPTIONS; PUBLIC HEARINGS; TEMPORARY MANUFACTURED HOME RESIDENCES Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agricuiture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, s ilviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, https ://malegislature.gov/Laws/GeneralLaws/Partl/TitlevII/Chapter4Oa/section3 2/25/2020 t.±enerai Law - ran i, i itie VU, Lnapter 40A, Section 3 Page 2 of 7 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in ~rn~ rint r’nnaA aarinii1hirr~ 9niic~r.iil1-1irn dl-~,iniilhira i.4L .4~ LJrLt~ £aJL&%flS -mrL~L a5J. It? LAI t’.*I %/, ~IAjt.LLt?t4I LLSI iS, .341 V 1t~ tLIt.L41 horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term “agriculture” shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof; provided, https://malegislature.gov/Laws/GeneralLaws/Partl/TitleVII/Chapter4Oal5ectjon3 2/25/2020 uenerai Law - tart i, i me VH, cnapter ‘WA, section .3 Page ‘3 ot 1 however, that the terms agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution or dispensation of marijuana as defined in section 2 of chapter 369 of the acts of 2012, marihuana as defined in section 1 of chapter 94C or marijuana or marihuana as defined in section 1 of chapter 94G; and provided further, that nothing in this section shall preclude a municipality from establishing zoning by-laws or ordinances which allow commercial marijuana growing and cultivation on land used for commercial agriculture, aquaculture, floriculture, or horticulture. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation, the https://malegislature.gov/Laws/GeneralLaws/Partl/TitleVII/Chapter4Oa/Sectjon3 2/25/2020 - C ~4 LI, iL1~ Vii, t~wpter ‘~uii, aecuou 3 i’age ‘+ OX / department of telecommunications and cable or the department of public utilities shall, afier notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however, that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and cable or the department of public utilities shall afier notice to all affected communities and public hearing in one of said municipalities, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. For the purpose of this section, the petition of a public service corporation relating to siting of a communications or cable television facility shall be filed with the department of telecommunications and cable. All other petitions shall be filed with the department of public utilities. No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and https ://malegislature.gov/Laws/GeneralLaws/Partl/TitJeVIJ/Chapter4oa/sectjon3 2/25/2020 • ~.Jcuviw t.aw - rtiti, ILLIe Vii, L..lldpLer’fUt%., ~tCL1Qfl3 rage ~ ot / determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term “child care facility” shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The provisions of this paragraph shall apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge. Family child care home and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws. No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by law. https://malegislature.gov/Laws/GeneralLaws/Partl/TitleVII/Chapter4oa/sectjon3 2/25/2020 ~Jv11cLaI J..~4W - I. ai L L~ A IUC V1.L~ i_4lapLel ‘tvn, aecuuu 3 rage o OX / No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back, front yard, side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in section thirteen A of chapter twenty-two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator. Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health, safety, or aesthetics; provided, however, that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio https:/!rna1egis1ature.gov/Laws/Genera1Laws/PartI/TitIeVII/Chapter4oa/sectjoi~3 2/25/2020 sdpq Mt~f-Cq so aouuuTpso qons ~uuouuo UMO3 so kpo oq~jo sasothnd o~uwni~aj oq~ qsqdwoooi~ o~ &rnssooau uoJP3Jn~oJ a{qEOT3OuJd wnui!uuu aq~ ornmsuoo pui~ ssowsodo I JO I anna c uOuDoc ‘WIN, mlCIflTJ2 ‘TT A ZT1t T ‘T 1JPJ - MPrI iPi~Mw,n TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (508J-699-0117 Fax: (508J-643-3372 John V. Bellissimo, Chairman Sheila Scaduto Paul B. Pinsonnault Assistant Assessor, MAA, CR4 Thomas E. Welch CERTIFIED ABUTTERS LIST Date: 2/4/2020 Location: JOHN DIETSCH BLVD Map/Lot: 34/718&719/ TNC 720 Owner of Record (as of Jan. 1, 2019) GREATER ATTLEBORO AREA COUNCIL FOR CHILDREN Mailing Address: 4 HODGES ST ATTLEBORO, MA 02703 Board Prepared For: ZONING BOARD Applicant: DAVID C MANOOGIAN Phone: 508-226-4000 In accordance with Section 1], Chapter 40A, as amended, we hereby certift that based on the records ofthis office and to the best ofour knowledge and belief the attached list are the names and addresses ofthe abutters to the above referencedproperty. NORTH ATTLEBOROUGH BOARD OF ASSESSORS TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: [5083-699-0117 Fax: (5083-643-3372 ABUTTERS LISTING ZONING BOARD 2(4/2020 SUBJECTPARCEL: 34/718&719/ INC72O SUBJECT LOCATION: JOHN DIETSCH BLVD GREATER ATTLEBORO AREA COUNCIL FOR CHILDREN 4 HODGES ST ATFLEBORO, MA 02703 Parcel(s) Owner & Mailing Address Property Location 34/126/ MASSACHUSETTS ELECTRIC CO TOWNE ST C/O MEC + NEP 40 SYLVAN RD WALTHAM, MA 02451 Parcel(s) Owner & Mailing Address Property Location 34/241Al HASLER CHRISTOPHER + ZIPKE MARCY 12 VILLAGE WAY 12 VILLAGE WAY N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/241 Bl CETRANO SAMUEL III + KRISTEN 22 VILLAGE WAY 22 VILLAGE WAY N AYrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/241 Cl MAIO KEVIN C + SHAINA A 2 VILLAGE WAY 2 VILLAGE WAY N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 3 4/5 37/ HEALEY ROBERT + PATRICIA TRS 483 TOWNE ST 483 TOWNE ST N AYrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 3 4/5 4 6/ HORAN DANiEL J + JILL M 489 TOWNE ST 489 TOWNE ST N ATrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/564/ FISK RICHARD H + JEANNE TRS 100 JOHN DIETSCH BLVD FISK R + J TRS INDUSTRIAL RLTY P0 BOX 1228 N ATTLEBORO, MA 02761 Parcel(s) Owner & Mailing Address Property Location 34/5 74/ GARNETr CHARLES D JR + JOANNE 471 TOWNE ST 471 TOWNE ST N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/609/ WIMER JOHN E + JOYCE LAUREN A 22 VILLAGE CIR 22 VILLAGE CIR N AYFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/610/ CRUZ DONNA 493 TOWNE ST 493 TOWNE ST N ATTLEBORO, MA 02760 TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (508)-699-0117 Fax: (508)-643-3372 Parcel(s) Owner & Mailing Address Property Location 34/611/ SULLIVAN ROBT TR J DIETSCH BLV 80 JOHN DIETSCH BLVD CIO SULLIVAN TIRE CO INC 41 ACCORD PARK DR NORWELL, MA 02061 Parcel(s) Owner & Mailing Address Property Location 34/612/ CASCO ENTERPRISES LLC 60 JOHN DIETSCH BLVD 5 CROSSBOW RD NORFOLK, MA 02056 Parcel(s) Owner & Mailing Address Property Location 34/647/ TELLO DEAN TOWNE ST 494 TOWNE ST N AYrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34/A/Sf GACHAGO DAVID + MWANGI ESTHER 516 TOWNE ST 516 TOWNE ST N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34A/371 Y/ SRD REALTY LLC 211 JOHN DIETSCH SQ 211 JOHN DIETSCH SQ N AYrLEBORO, MA 02763 Parcel(s) Owner & Mailing Address Property Location 34A/371Z/ MCNEANY THOMAS J + CARA L TRS 507 TOWNE ST 507 TOWNE ST N ATrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 34A/614/ CHEN CHAN HWA + ANNIE LIANG 521 TOWNE ST 521 TOWNE ST N ATTLEBORO, MA 02760 4 V ______DESIGN10E11..MIOSPREPARED.GROUP,lOIRE LLCFLAGGEDOR ThEIRBY 010.1A0NLIAIEDAT IRECOMPAISIESSAME TIME JUNEAX ThEII, SURVEY2019. IREWAS BEING ZONING BY-LAW REQUIREMENTS NO DÁIl REVIS IONS LEGEND NOTES: j_ 31110011. (VELVEUIJUTEsLERRU ZONING DISTRICT: lED- INDUSTRIAL P0000220 USE: COMMUNE]? FACILFIY I, EXISIING CONDII1ONS IIERE OBTAINED FROM FIELD SURVEY PREPARED BY LEVEL — C011T18] REQUIRED PROPOSED 01550 04101 MIN. LOT AREA 80.000 S.F. E4.716 S.F. 04101 lAIN, LOT FRONTAGE 200$] 184.471 FiLch’S 110fl 052 .110, LOT 705114 20071 120F1 EIECETICAL lAIN. LOT DEP1TI 3007] 372FT Cl, FRONT YARD SETBACK 75F1 152.371 SOlITARY 80110 SIDE YARD SEIBACK—RESIDENI1AL 2SFT 22,Efl* SIDE YARD SETBACK—INDUSTRIAL 25FT 10,IFT --04801001 REAR YARD SETBACK 2OFT 49,770 8000 11404010 0 MAX. BUILDING NEIGHT 2OFT 24F1’ MAX- NUMBER OF STORIES 2 1/2 2 000052 0 MAX. BLDG/LOT COVERAGE (5) 1135% 32.8% ~--YPL\t BUILDING FLOOR AREA (SF) 27.560 S.F. .•-CAIDI 01141 MIN. OPEN SPACE (5) 220% 45.0% 0102 PARKIIIS REOUIREUENTS R800IRED PARKING SPACE DIMENSION 50’ X 20’ 5’ X 180 • SEEP ClASS COMIAUNITY FAC (27,5E0±S.F.) 00 58 P0070XCO Tops 11001.4000 SLOOp fob I SPACE / 400 S.F. 1010 Sw*lTl040SEI hANDICAP SPACES 3 3 &~1M~(a / CETIlISI. 1001000 11—12 TOIAL SPACES 69 51 / [1Q10 PETE fl~ @0 ‘AU.OVOED AS AN EXEMPTION UNDER TIGL (NAPIER IDA FLOOD A FLOOD ZONE 7T71NIN NEp_A~0$ / 11—12 8741100 000, III! SECTION 3 ThE DOVER AMENDMENt OSCOIOSG 05’ 11221110 00000 Paz 104 POX] ARIC010T 0100101 P—os ZONE Il—Il / 10—14 19—IS IS—ISO 0111415 [01SEp01 .—.0. j~~ / o—n 10—20 IS 11115010111 I LOT 2 IS-Il 11-22 10-24 ‘2~ OPSTE SER5100500 SOlO 00141014: 30500110 SCALE: l’27 18-I S.F. IS-S 11/ 13117 IS2T~ 11-2 9-4 O 7 -~ ;.O\I\W.5E.~JTOO .r.1 SET -J C.) z D - EENN. j ~ I3YBO±SFTW~VORY ~1 I 0 C~) \ FEE = 93.29 ccc LU ~ i\\U ~ O≤ I ~s UJ N7 -t~’è-f— ~ — Tflr—.---Ll 0,0,0 c~ç LOT 1 ‘ - ~\TV) NI II 0 D — I\\1~ —iisn~ ‘~ F’, C) L1~ LI~~?C~ C Cl)u) I ~J ca -j ?~± ~L0Od?I~S ~8In L... N.~O ~ J~ ~[~ii: ‘ >~ D I~ E~Q I - 00 L’OL~ m~ ~ ,,99c~ €r ~ 0::: W >-°i—-’ b-~ UJH ~-t~ Z 0< ,DUJ. W ~tXH Q~ O~ ->0 (9 Q — - .00-91 MATERIALS JOhN L. DH~T5CM DOUL~VARD C~28O SI OTTO 007 0 53’ 37 CE 1 674T00 Town of North Attleboro, MA 27, 2020 •606 127B 615 5 S. —p 371K 1 27A 614 ‘Is 3,~ 647 559 130B . 72O~ -A 1 30A 1 3’1~ 610 1’3’l ‘Si A 548 537 9. t 574 Z’~&n8 4 4, 541 241C 241A 3 390 390A I 6’l 1 390B 241B 3 S 1” r 164 ft Property Information Property ID 34-719 t Location JOHN DIETSCH BLVD Owner FISK RICHARD H + JEANNE TRS L~ 1:2 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town of North Attleboro, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Geometry updated 71112017 Data updated 71112017 Zunin~ ~narb of Appeal NORTH ATTLEBOROJJGE MsssaUsJTfl Appeal from Decision of the Inspector of Buildings TO THE ZOMNG BOARD OF APPEAL NORTH AnLEBOROUGH, MASS. Oar. Gentlemen: Order The undersigned hereby appeols from the requirement of the Inspector of Buildings, decision determination Dated_~ F 10e1404 ~ ,2~ it- affecting the following described premises as are hereinafter set forth: o-d Sp~k...’i /‘~ zoIl Apnr~&Lr1L-~~_t- /‘?y~gfs*~s - Address I I _ILzL Owner i)ln”-f - Address — Laseo Address location of Premiset.&.J__J q r~1 oh Lkk° ,4Vt j~ ~ 51f)Wldh S 1~. frefla c~/ Hal of Sbd /c~ Assessors’ Flat—No. ______Lot No. ~fl Dimensions of Lot—Frontage ——_..-_— Depth Area .....sq. ft. Zoning districts in which premises are bared How long b cc you owned above premises? iblj ii r h -t~ Is there a building on the premises at present? Size of Building Presern use of premises.--.-...-—----.-.—— Propcsed use of premisa_.-..-- - Extent of proposed alcerations_-___—_.. ~. - Number of families to use building_ — (OVIR) Attached hereto isa copy of the decision rendeitd by the Inspector of buildings: Grounds for appeal: We are appealing the failure of the North Attleboro Building Departmenfs response to the letter dated September lQ~, 2019: demanding a written response within 14 days of the said letter to uphold penalties related to Decision 2470 dated February 27, 2008 for 196 Commonwealth Aye, and Lot 68B both of North Attleboro, MA 02760 by the Zoning Board of Appeals. Mr. Ohaid (current owner of 196 Commonwealth Ave and Lot 688 referenced above) is in direct violation of these zoning terms set forth on February 27. 2008 - Decision 2470. After repeated attempts by us alerting the appropriate town departments of these violations, the North Attleboro Building Department has failed to enforce terms set forth by the Zoning board. We have requested formally Mr. Obaid be fined for these infracttons daily pursuant to terms set forth in the original decision until Mr. Obaid complete the work necessary to satisfy the terms. To our knowledge, Mr. Obaid was never fined for the extreme delay in Decision ~3: fencing constructed on the North & East portions of the lot which was finally completed October/November 2019 Additionally, Decision #5 has never been completed to maintain 50% of the beech trees along Simmons Ci lot line. Lastly. we asked that we are formally notified in writing the reasons for refUsing to enforce the request for ordinance. ‘~~v~’ 6’ta uTk~ It ~ 4 1~ *1)4)0 September 19, 2019 Russ Wheeler Building Commissioner/zoning Enforcement Officer Town of North Attleborough 43 So. Washington Street North Attleboro, MA 02760 RE: 196 Commonwealth Avenue/Lot 68B Simmons Court, North Attleboro, MA Dear Mr. Wheeler: We are writing with reference to the property located at 196 Commonwealth Avenue/Lot 68B Simmons Court, North Attleboro, Massachusetts owned by Wathek Obaid and specifically with reference to the Zoning Board of Appeals Decision No. 2470 dated February 27, 2008 (Exhibit “AZ). We are also attaching to this letter copies of each of the following: (i) April 10, 2019 Action Needed Report we previously filed with the Building Department (Exhibit ff~; (ii) April 17, 2019 correspondence you have sent to the current owner, Wathek Obaid (Exhibit “C”); and (iii) July 16, 2019 correspondence you have sent to the current owner, Wathek Obaid (Exhibit “D”). By this letter, we are formally requesting and renewing our request that you enforce the February 27, 2008 ZBA Decision since it is apparent from the attached Exhibits that Mr. Obaid does not believe he is required to abide by the specific terms of the February 27, 2008 ZBA Decision. For example, your 4/12/19 notes on the Action Needed Report (Exhibit “B”) state, among other things “Fence To Be Installed”, yet to date Mr. Obaid has failed to do so. We are requesting that Mr. Obaid (1) be assessed a penalty of $300 per day for violating the Decision until such time as he is in fill compliance with the Decision, (2) that he install the fence running “along the entire North & East portions of the Lot that border Simmons Court” within 14 days from receipt of this letter, (3) that a determination of the number of maple and beech trees which existed on the premises as of February 27, 2008 and as of the date of this letter be made within 14 days from receipt of this letter, and (4) that Mr. Obaid be ordered to comply with the ZBA Decision requiring that “at least fifty percent of the maple trees and fifty percent of the beech trees shall be preserved on Lot 68B along the Simmons Court lot line.” Mr. Obaid should be ordered to plant the necessary trees on the premises on or before November 1, 2019. Pursuant to Mass. General Laws Chapter 40A, Section 7, we are requesting you take this requested action and if you decline to do so, notif~j us in writing and the reasons therefore within 14 days from the date of this letter. Very truly yours, Hannah Burrows 4 Simmons Court North Attleboro, MA 02760 Nathan Burrows 4 Simmons Court North Attleboro, MA 02760 Marjorie Azarista 1 Simmons Court North Attleboro, MA 02760 7 etc 17414 PG 31 04/03/08 11:00 13310 PAGE 1 Dr 5 TOWtJ OF NORTH ATFLEBORQUGH ZONING BOARD OF APP~L DECISION In Re: John t Cotter, Executor Decision # 2470 isa Commonwealth Avenue - Owner of Record: John T. Cotte,~ Executor of 19 Estate of Doily G. Cotter 1 188 Commonwealth Avenue North Attleboro, MA 02760 Date of Decision: February.27, 2008 Applicatig~ dated: January 15, 2008 Nature and Scone ot Application: An apphca~o~ was filed on January 17, 2008, with the Town clerk for a Variance from Section IV, Intensity ReguIa~~o~~, Schedule A (frontage) of the North Attleborough Zoning By-laws to subdivide the existing lot into one conforming lot and one lot with inadequate frontage as shown on the submitted plans on the property located at 188 Commonwealth Avenue. anfFa~. The premiae~ concerned is located in an R’15 residential district and delineated as Lot No. 68 on Assessors Plat No. 15, I~jptice Prbvi~ian ?l~d Nearing: In accordance with the provisions of the General t.aws, the Zoning By-laws-and the Rules of the Board, the Clerk of the Board notified the public and other partied in interest of a public hearing to be held on the applicauon In the Community School Auditorium on February 27, 2008, by causing a notice thereof to be published on February 6, 2008 and February 13, 2008 in the Free Press, a newspaper of general circulation in the Town of North Attleboro and by mailing a copy of the notice on February 8, 2008, to all persons owning real estate, In accordance with Massachuse~ General Laws, Chapter 40.4, Section II, as Shown by the most recent Assessor’s Map. A copy of the notice is appended hereto. Notice was also filed with the Town Clerk’s 2 office in accordance with the provisions of Chapter 39 of the General Laws. Pursuant to the advertisement and notice, the Board held a publicS hearing on said application on February 27, 2008, Prior to th@ hearing members of the Board inspected the premises in question. Present at the hearing was the applicant John T. Cotter along with Bill Whelan of Whelan Engineering. Mr. Whelan submitted a colored renditionof the property in question, showing the proposed subdivision line with the common driveway, A letter from the Town Planner, Nary Burgess, dated February 25, 2008 was read into the record. Speaking in ftvor of the’applicauon was Allen Rockwood of 195 Commonwealth Avenue, Speaking In opposition to the application was Leonard Murphy of 14 Simmons Court. He expressed concern with vehicular traffic accessing the proposed lot “688” Prom Simmons Court, due to a private, fragile, water line that runs under Simmons Court, Speaking with comrfienb on behalf of his mother, Barbara Boyd, was Ken Phipps. Mr. Phipps hoped that the trees on Lot 686 thatrun along Simmons Court might be able to be saved to help preserve the beautyof the area. There were no additional parties speaking in favor of or in opposition to the application in attendance, Decision of thqSoard: By unanimous consent of the five members of the Board hereinafter listed, each and all voted in favor of granting the Variance to allow the subdivision of Jot 68 into 2 lots as shown on the submitted plans with the following conditions: 1. There shall be no further subdivision of Lots 68A & 686. As shown on the submitted plans Lot 68A will have 1.12 Acres and Lot 688 will have 37,000 square feet of land. 2. Only one sin~le family home may be constructed on the newly created lot 686. 3. A fence must be constructed on the proposed Lot 688, that will run along the entire North & East portions of the’Lot that border Simmons Court. This fence must be constructed prior to any land clearing or construction 4. Vehicular access to Lot 68B from Simmons Court is strictly prohibited. 5. At least fifty percent of the maple trees and fifty percent of the beech trees shall be preserved on Lot 688 along the Simmons Court lot line. 8asi~ for the 8oar~’s Decision: In the opinion of the Board the applicant has met the criteria for the granting of a Variance. Relief will not cause substantial detriment to the public good nor impair the’ purposes or intent of the by-law. 3 This Board hereby certifies that a copy of this decision and all plans referred to therein have been flied with the Planning Board and Town Clerk of North Attleborough, Appeal of this decision, if any, shall be made pursuant to Section 17 of Chapter 40A of the Massacliuse~ General Laws and shall be filed within twenty days after the date of filing this decision with the said Town Clerk. The Jnspector of Buildings shall not issue a permit until the applicant submits certification from the Bristol County Registrar of Deeds pursuant to Section Il of Chapter 40A of Massachusetts General Laws that this Decision has been recorded. Attested & Certified £~rLhic~sjcnof the Town Clerk Qf ~prth S~!eborogqh~Ma~chuse~. The undersigned certified that he is the duly elected and acting Town Clerk of the Town of North Attleborough, That the above decision of the Zoning Board of Appeals upon the èpplication of John T. Cotte,~ I the office of the Town Clerk on the 11TH day of MARCH 2008 ave elapsed since the filing of this decision with the notice of appeal has been flied with said office pursuant~ Massachusetts General. Laws (as amended). 1 It The aforesaid premises is, ily recorded in the N.D. Bristol County Registry of Deeds in Book — said Registry District of the Lanc No. Book ____Page as Certificate :arnzetrnIs . ~~fl\.A \jç99~ ‘~~T~’ jo~*s c):~—;J )nJfl~~ .24- S}”~’ 3°4-Thflt’’ :Pa4senbaduo!pv ~i!~tJt~: t4~~2~ 1t2~c3~ ~ $ ~c~ci~”’t~ sr)cc1r~i Q~ ~779.5r~ ‘U 9ja2ri3~ ‘~2c~r43z3 cJakcc?!ào a~à~ Q ~~2L ‘~kw ~35~ (13 ~-1bh ç12ó(ha ~ V~’~( Lc,e uiwq~. s~. ch—;i!~L2n ~ .t~. ThiWsi7~UJ~lo, &~Lr9 yw (p’~ ~?-~tf \~34~rboL.4tMO3 q~4S ~ :ngwnN ;w~jqoJafenssi 441M ssaippy Cc/Op (3’ Ltw)q~ ;ssaapp~jjuw~ c.i-~’n- ~$h - vs - t(S)Jeqwnpj PflUO3 ~9Lro cyrs ‘-°k\V •4V ~ Ii ;UMOIAO 74!)f 5SeIPPV s,weu!t21c1w05 ~2WCN s,;uL~u!eIawo3 ~.toda~i papae~ uo!pv TOWN OP NORTH ATTLEBOROUGH BUILDING DEPARTMENT 43 So. Washington Street, North Attieborough, MA 02760 Phone 508-699-0110 Fax 508-699-014 Dear Mr. Wathek Obaid April 17, 2019 196 Commonwealth Ave. North Attleborough MA 02760 RE: Action Needed Report: Trees Removed (ZI3A Decision No. 2470) 196 Commonwealth Ave I Lot6sB Simmons Court North Attleborough MA Dear Mr Obaid: It has been brought to my attention through an Action Needed Report that the recent removal of trees from the lot line that runs along Simmons Court appears to be in violation of Condition No. 5 of Zoning Board of Appeals Decision No. 2470 (copy enclosed) which states “at least fifty (50%) of the Maple trees and fifty (50%) of the Beech trees shall be preserved on Lot 68B along the Simmons Court lot line. Furthermore Condifion No. 3 stipulates that “A fence must be constj-ijcte~ on the proposed Lot 68B, that will run along the entire North & East portions of the Lot that border Simmons Court This fence must be constructed prior to any land clearing or construction” However, the fence has not been installed as required. At this time, I suggest that you have your arborist take an inventory of the exact number and species of trees (Maple/Beech) that have been removed from Lot 688 along the Simmons Court lot line, and the number and species of trees remaining within that Specified area, In order to ascertain whether or not you have exceeded the fifty (50%) allowed to be removed per the ZBA’s Decision. In the event that the amount of trees removed has exceeded the fifty (50%) allowed, then I recommend that you consult with the ZBA for further direction on what corrective measures may be taken to resolve the issue. With regards to the required fence, I anticipate that it shall be constr1~ed without further delay, per our recent conversation As stated, the Town’s Visibility ReguIa~o~~ must be taken into consideration when constructing the fence. Accordingly i request that your immediate attention be given to this matter, in order to avoid any fines being imposed, as per the North Attleborough Zoning By-Laws, Section VIII— Administration and Enforcement cerely / uss VVhee er Building Commissioner/Zoning Enforcement Officer cc: North Attleborough Zoning Board of Appeals Hannah Burrows TOWN OF NORTH AnLEBOROuSH BUILDING DEPARTMENT 43 So. Washington Street, North Attleborough, MA 02760 Phone 506-699-0110 Fax 508-699-014 July 16, 2019 Mr. Wathek Obaid 196 Commonwealth Ave. North Attleborough, MA 02760 RE: VIOLATION NOTICE 196 Commonwealth Ave I Lot688 Simmons Court, North Attleborough, MA Dear Mr. Obaid; Please be advised that you are currently in VIOLATION of Condition No. 3 of Zoning Board of Appeals Decision No. 2470, which stipulates that a fence must be constructed on the proposed Lot 66B, that will run along the entire North & East portions of the Lot that borders Simmons Court prior to any land clearing or construction. Recent observation has revealed that land clearing has commenced without the required fence having been installed as instructed. Accordingly, the fence must be constructed without further delay, or we shall begin proceedings to impose fines of up to Three Hundred Dollars ($300) per day. Each day such violation continues w~hout abatement shall constitute as a separate offense. Thank you for your anticipated cooperation regarding this matter. R ss Wheeler Building Commissioner/Zoning Enforcement Officer cc: North Attleborough Zoning Board of Appeals Hannah Burrows fllpttfl ~TU fl. .fl.,_ LAtfl L ‘Lçt L VI t Part I ADMINISTRATION OF THE GOVERNMENT Title VH CITIES, TOWNS AND DISTRICTS Chapter ZONING 40A Section 7 ENFORCEMENT OF ZONING REGULATIONS; ViOLATIONS; PENALTIES; LEGALLY NONCONFORMING STRUCTURES; NOTICE OF ACTION; JURISDICTION OF SUPERIOR COURT Section 7. The inspector of buildings, bui[ding commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such 9118/2019 ‘is fl.~-.Ljoi 1 £151.. 4. 1..)’ 7 ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall noti~’, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. No local zoning by-law or ordinance shall assess a penalty of more than $300 per violation; provided, however, that nothing in this section shall be construed to prohibit local zoning by-laws or ordinances from providing that each day the violation continues shall constitute a separate offense. No action, suit or proceeding shall be maintained in a court, nor an administrative action or other action taken to recover a fine or damages or to compel the removal, alteration or relocation of a structure or part of a structure because of a violation of a zoning by-law or ordinance except in accordance with this section and sections 8 and 17. If real property has been improved and used in accordance with the terms of the original building permit, no criminal or civil action intended to compel the abandonment, limitation or modification of the use allowed by the permit or the removal, alteration or relocation of a structure erected in reliance upon the permit by reason of an alleged violation of this chapter or of an ordinance or by-law adopted under this chapter shall be maintained unless the action, suit or proceeding is commenced and notice of the action, suit or proceeding is recorded in the registry of deeds for each county or district in which the land lies or, in the case of registered land, the notice is filed in the registry district in which the land ~ Laws/Partl/Title\’J1/Cfiapter4oa/sectjon7 9/18/2019 - .., lies within 6 years of the commencement of the alleged violation. No criminal or civil action intended to compel the removal, alteration, or relocation of a structure by reason of an alleged violation of this chapter or of an ordinance or by-law adopted under this chapter or the conditions of a variance or special permit shall be maintained unless the action, suit or proceeding is commenced and notice of the action, suit or proceeding is recorded in the registry of deeds for each county or district in which the land lies or, in the case of registered land, the notice is filed in the registry district in which the land lies within 10 years of the commencement of the alleged violation. If real property has been improved by the erection or alteration of 1 or more structures and the structures or alterations have been in existence for a period of at least 10 years and no notice of an action, suit or proceeding as to an alleged violation of this chapter or of an ordinance or by-law adopted under this chapter has been recorded in the registry of deeds for the county or district in which the real estate is located or, in the case of registered land, has been filed in the registry district in which the land is located within a period of 10 years from the date the structures were erected, then the structures shall be deemed, for zoning purposes, to be legally non-conforming structures subject to section 6 and any local ordinance or by-law relating to non-conforming structures. ~ 9/18/2019 - ~--~-— - ‘~r~—--’ “--~--- Notice of an action, suit or proceeding shall include the name of not less than I of the owners of record, the name of the person initiating the action and adequate identification of the structure and the alleged violation. The superior court and the land court shall have the jurisdictioH to enforce the provisions of this chapter, and any ordinances or by laws adopted thereunder, and may restrain by injunction violations thereof ~ 9/18/2019 I’ N -~---~ Michelle Direnzo From: MARJORIE AVARISTA Hi, Yes that is correct and aligns with mass general law chapter 40A section 7. I will send a check of$100 for all costs and notate the $75 and $25 fees in the memo. Let me know if there is anything else needed. Much appreciated? Margie Sent from my iPhone On Mar 18, 2020, at 1:18 PM, Michelle Direnzo Hi Marjorie, Any appeal from a decision of the inspector or buildings follows the standard process including not fication to abutters, notice in the newspaper etc. So to be clear, you are filing an appeal because of the building commissioners failure to respond to your nquiry regarding the status of the tree’s and fence as required in the ZBA Decsion for Mr. Obaid’s property. And I will include Ms. Burrows as requested Thank you, Michelle From: MARJORIE AVARISTA [mailto:[email protected]] Sent: Wednesday, March 18, 2020 1:04 PM To: Cheryl Smith Thank you, I’ve attached the form for Cheryl. Yes you are correct, only 2 trees have been planted to date. The fence also was not installed until Late Oct/early Nov which was well past the 2 week response time. I do want to be clear though the legality of this is that the town has not provided a response back within 14 days of written request to questions related to upholding zoning enforcement of a decision from 2008. Im not totally understanding why we have to send out notices to abutters of the properties as our lawyer did not say this needed to be done. We will do what is needed but I don’t want there to be conifision when we do in fact attend the meeting (and have our request denied because it wasn’t filed correctly). Thanks, Margie Sent from my iPhone On Mar 18, 2020, at 12:29 PM, Cheryl Smith csmith~nattleboro.com wrote: I am attaching the Abutters Request Form. If you can fill out the form and save and return to me can process your request. The Fee is $25 which you can drop in the mail. Once I process your request I will forward the list to Michelle since we are closed to the public at this time. If you have any quesfons please feel free to contact me. Thank you, Principal Office Assistant North Attleboro Assessors Office (508)699-0117 (phone) (508)643-3372 (fax) From: Michelle Direnzo Sent: Wednesday, March 18, 2020 12:22 PM To: ‘MARJORIE AVARISTA’ Cc: Cheryl Smith Subject: RE: Appeal Hi Marjorie, Ok so I’m clear, the tree’s not being planted is the current issue because the fence appears to be in. Correct me if I’m wrong as I don’t want to misrepresent the 2 issue. When I draft the legal ad I need to be extremely clear as to what you are appealing. As far as requesting the abutters list. You need to reach out to the Assessors office for that. I have cc’d Cheryl Smith on this email. She can help you with the list, please correspond directly with her on that. Lastly you can just mail in a check payable to the town for the 75.00 and I will let you know what the other amounts will be for the mailing and advertising once I know. Hope this helps! Michelle From: MARJORIE AVARISTA mailto:ma(orie6 aol.com] Sent: Wednesday, March 18, 2020 12:10 PM To: Michelle Direnzo Hi Michelle, Thank you for your response. Understood and hope everyone is remaining healthy. The website said you are still open for business virtually so I wanted to formally request via email. Keep me posted on the decisions regarding the meetings. In reference to why, if you remember last fall we spoke and drafted a letter dated Sept 19, 2019 formally requesting a written response within 14 days from the building department pursuant to mass general law chapter 40A section 7. I’ve included all of the details in my original request along with the letters as exhibits. I am attaching a picture taken today as proof that Mr. Obaid has not planted any but 2 trees to date. The fence was also not completed in the allotted timeframe. Please provide a list of abutters as well as instructions to alert them, and also pay the $75 electronically. Thank you, Margie Avarista imageool .jpg Sent from my iPhone On Mar 18, 2020, at 11:39 AM, Michelle Direnzo mdirenzo(~natt eboro.com wrote: Hi Marjorie, So as you can imagine we are closed to the public and not holding any open meetings at this time. We are going to try and do remote access “virtual meetings” going forward but I don’t have the exact details from the IT Department yet as to how we will be doing this. A couple things if you want to file the appeal officially. Can you give me the very specific items that you believe have not been implemented or adhered too and whatever back up information you may have to prove that position (ie. pictures etc). There will be a fee of $75.00 application fee, plus the cost of advertising and mailing to all abutting parties of interest. You will need to request a list of abutters to submit with the application. The deadline for the april meeting is Wednesday the 25~’~. Let me know if you have any questions. Thank you! Michelle From: MARJORIE AVARISTA [mailto:mario e6@ao com] Sent: Wednesday, March 18, 2020 11:03 AM To: Michelle Direnzo Hi Michelle, Please see attached and let me know what is needed to move forward with getting on the agenda for next meeting. Thanks, Margie Avarista Sent from my iPhone Begin forwarded message: From: maforie6 aol.com Date: March 18, 2020 at 10:46:06 AM EDT To: marjone6Ø~aol.com Subject: From Home Office ABUTTERS REQUEST FORM FILLABLE.pdP Town of North Attleboro, MA March 20, 2020 6 q~ 121 ~ 50 51 - Ivyst Co 2I ‘C ‘I I ‘C Ave a Ith4y6 Comm tL C —C t 0 2 & Dav~~ortAVe yen ir we Dew ~por~ v lJq 1”=1731t C Propert5t Info nnatlo,, Property ID 15 132 LocatIon 196 COMMONWEA TH AVE Owner OIIAID WA I K M JILUAN E MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town ot North Allleboro, MA makes no claims and no wasranlies, expressed or impied, cancemin9 the validity or accuracy of the GIS data presented on this map. Geometry updated 7)112017 Data updated 71112017 Town of North Attleboro, MA March 20, 2020 2019 flyover I 1’ Gciogle A~—G~ Property Infonnation Property ID 1548 Location 188 COMMONWEALTH AVE Owner SAUTER DAVID B + AIMEE L MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town of North Atiteboro, MA makes no daims and no warranEes, expressed or inipied, concernino the vatdity or accuracy at the GIS data presenled on this map. Geotnetty updated 71112017 Data updated 711)2017 Town of North Attleboro, MA March 20, 2020 2008 flyover 15-53 I B 130 15-132 13 81 (~) a— K Google A~Geo LI Properly Information Property ID 15•68 Location 188 COMMONWEALTH AVE Owner SAUTER DAVID B + AIM E L MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town or North Attleboro, MA makes no daims and no warrajities, expressed or implied, concerning tie validity or accuracy of the GIS data presented on this map. Geometry Updated 71112017 Data updated 7(112017 TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (508)-699-0117 Fax: (508)-643-3372 John V. Bellissimo, Chairman Sheila Scaduto Paul B. Pinsonnault Assistant Assessor, MAA, CRA Thomas F. Welch CERTIFIED ABUTTERS LIST Date: 3/23/2020 Location: 196 COMMONWEALTH AVE Map/Lot: 15/132/ Owner of Record (as of Jan. 1,2020) OBAID WATHEK M + JILLIAN B Mailing Address: 196 COMMONWEALTH AVE N ATTLEBORO, MA 02760 Board Prepared For: ZONING Applicant: MARJORIE AVARISTA Phone: 508-958-2585 In accordance with Section 11, Chapter 40A, as amendec4 we hereby cert~ that based on the records of/his office and to the best ofour knowledge and belief the attached list are the names and addresses ofthe abutters to the above referencedproperty. NORTH ATTLEBOROUGH BOARD OF ASSESSORS TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (S08)-699-0117 Fax: (508>643-3372 ABUTTERS LISTING ZONING 3/23/2020 SUBJECT PARCEL: 15/132/ SUBJECT LOCATION: 196 COMMONWEALTH AVE OBAID WATHEK M + JILLIAN E 196 COMMONWEALTH AVE N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 15/53/ BURROWS NATHAN D + HANNAH A 4 SIMMONS CT 4 SIMMONS CT N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 15/67/ BRIGGS GLORIA M 180 COMMONWEALTH AVE 275 SMITH ST ATrLEBORO, MA 02703 Parcel(s) Owner & Mailing Address Property Location 15/68/ SAUTER DAVID B + AIMEE L 188 COMMONWEALTH AVE 188 COMMONWEALTH AVE N ATrLEBORO, MA 02763 Parcel(s) Owner & Mailing Address Property Location 15/69/ MURPHY LEONARD J JR + DIANE A TRS 14 SIMMONS CT 14 SIMMONS CT N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 16/2/ FONDAS MATTHEW + MARY E 195 COMMONWEALTH AVE 195 COMMONWEALTH AVE N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 16/3/ GAYTON RONALD F + CAROLYN J 13 FREEMAN ST 13 FREEMAN ST N AYrLEBORO, MA 02763 Parcel(s) Owner & Mailing Address Property Location 16/109/ SHAH VISHWA K + KALPESH S 187 COMMONWEALTH AVE 187 COMMONWEALTH AVE N ATTLEBORO, MA 02763 Parcel(s) Owner & Mailing Address Property Location 18/81 / OTIS JOHN J JR + SUZANNE M 204 COMMONWEALTH AVE 204 COMMONWEALTH AVE N ATTLEBORO MA 02763 Parcel(s) Owner & Mailing Address Property Location 18/99/ AVARISTA MARJORIE A 1 SIMMONS CT 1 SIMMONS CT N ATtLESORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 18/130/ OTIS JOHN J JR + SUZANNE M COMMONWEALTH AVE 204 COMMONWEALTH AVE ATrLEBORO FALLS, MA 02763 Parcel(s) Owner & Mailing Address Property Location 18/168/ PANAGAKOS MICHAEL W 205 COMMONWEALTH AVE 133 FAUNCE CORNER RD DARTMOUTH, MA 02747 0 32 Town of North Attleboro, MA April 27, 2020 Ic 38-132 ~1 38-57 ) a. Google ,‘pp13c0 A, Property Information Property 38-139 ID Location 170 BUNGAY RD Owner IIAMIIARDZIJMIAN ARSEN 4 NICOLE ALLEY MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town of North Attleboro, MA makes no claims and no warranties. exp.esaed or impied, concerning he valdity or accuracy of the GIS data presented on this map. Geometry updated 71112017 Data updated 7/1/2017 Town of North Attleboro, MA April 27, 2020 S S as I a I ‘I! I SI)’’ 0A • e “9’ ~c • o ‘p .3 ~a. 4/ I- 009 -4 I. 0\ ~~oo4~ 4%~ ~~0 5’ • a I I 0 h 4, euogayRd It Property Ittfon.istlon 9? Property 8-139 .~ ID Location 70 BUNGAY RD Owner IIAMBARDZIJMIAN ARSEN + NICOL ,. -Sc’ LLEY MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town of North Alileboro. MA makes no daims and no warranties, expressed or inipled, concerning the vaidily or accuracy of the S’s data presented on this map. Goo’netry updated 71112017 Data updated 7II~2017 TOWN OF NORTH ATTLEBOROLIGH BOARD OF ASSESSORS 43 South Washington Street North Attlehorough, Ma 02760 Phone: (508)-699-0117 Fax: (508J-643-3372 John V. Bellissimo, Chairman Sheila Scaduto Paul B. Pinsonnault Assistant Assessor, MAA, CRA Thomas E. Welch CERTIFIED ABUTTERS LIST Date: 4/1/2020 Location: 170 BUNGAY RD Map/Lot: 38/139/ Owner of Record (as of Jan. 1, 2020) HAMBARDZUMIAN ARSEN + NICOLE ALLEY Mailing Address: 170 BUNGAY RD N ATTLEBORO, MA 02760 Board Prepared For: ZONThJG Applicant: ARSEN ITAMBARDZUMIAN Phone: 508-221-7174 In accordance with Section 11, Chapter 40A, as amended, we hereby cerqfr that based on the records ofthis office and to the best ofour knowledge and belief the attached list are the names and addresses ofthe abutters to the above referencedproperty. NORTH ATTLEBOROUGH BOARD OF ASSESSORS TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (5083-699-0117 Fax: (5083-643-3372 ABUUERS LISTING ZONING 4/1/2020 SUBJECT PARCEL: 38/139/ SUBJECT LOCATION: 170 BUNGAY RD HAMBARDZUMIAN ARSEN + NICOLE ALLEY 170 BUNGAY RD N AYrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/67/ TUCKER DEBRA R 164 BUNGAY RD 164 BUNGAY RD N Afl1EBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/169/ INC 170+171 DICKSON MARIE L TR 490 OAKRIDGE AVE 490 OAKRIDGE AVE N ATTLEBORO MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/172/ INC thru 175 STROM JEFFERSON S 500 OAKRIDGE AVE 500 OAKRIDGE AVE N ATtLEBORO MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/176/ INC thru 178 & 634 MCMANUS MATTHEW R + NADLER MARIA L 510 OAKRIDGE AVE 510 OAKRIDGE AVE N ATFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/179/ INC 180+635 PAILES JAMES W + MARGARET 520 OAKRIDGE AVE 520 OAKRIDGE AVE N ATfLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/181/ INC 182 DION PAULA+ HELENE 0 530 OAKRIDGE AVE 530 OAKRIDGE AVE N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/184/ MASON ROBERT P III + RUDDER LISA A 540 OAKRIDGE AVE 540 OAKRIDGE AVE N ATTLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/187/ WALSHRAEL+sCOHA 158 BUNGAY RD 158 BUNGAY RD N ATFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/427/ UNITED STATES OF AMERICA KELLEY BLVD REAR FISH HATCHERY 144 BUNGAY RD N ATILEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/428/ UNITED STATES OF AMERICA KELLEY BLVD REAR FISH HATCHERY 144 BUNGAY RD N ATTLEBORO, MA 02760 TOWN OF NORTH ATTLEBOROUGH BOARD OF ASSESSORS 43 South Washington Street North Attleborough, Ma 02760 Phone: (5083-699-0117 Fax: (5083-643-3372 Parcel(s) Owner & Mailing Address Property Location 3 8/432/ CAREY ELIZABETH A TR 461 OAKRIDGE AVE CAREY REVOABLE TRUST 461 OAKRIDGE AVE N ATTLEBORO MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/435/ UNITED STATES OF AMERICA MANSFIELD RD REAR FISH HATCHERY 144 BUNGAY RD N ATrLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/439/ LYONS DANIEL J JR + CLAUDIA A 451 OAKRIDGE AVE 451 OAKRIDGE AVE N AflTEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/439?! NETrNAY WAYNE A 531 OAKRIDGE AVE 531 OAKRIDGE AVE N AYFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/446/ CHAGNON THOMAS F JR + EUGENIA 162 BUNGAY RD 162 BUNGAY RD N AYFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/447/ UNITED STATES OF AMERICA 144 BUNGAY RD FISH HATCHERY 144 BUNGAY RD N AYrLEBOR0 MA 02760 Parcel(s) Owner & Mailing Address Property Location 38/452/ FLYNN APRIL RAE 160 BUNGAY RD 160 BUNGAY RD N AYFLEBORO, MA 02760 Parcel(s) Owner & Mailing Address Properly Location 38/636/ CAREY ELIZABETH A TR OAKRIDGE AVE CAREY REVOCABLE TRUST 461 OAKRIDGE AVE N ATTLEBORO, MA 02760 I t Sf S / C, Town of North Attleboro, MA May 28, 2020 08 24J4 111 to -s V 1 8.6 841 107 22.35 4 8.41 76 4 1’05 0” 4 #0 n~ sO 1 103 4. 0.3 0.36 AC a. Wi 0.35 AC 100 # be 0.26 ACt 50 4a 025AC — 98 — ‘5 97 •~3 S ‘S “S 88 96 0 3 AC .00 029 AC 0 .fX 463 S 0 . 448 ‘ii’ 1-6 I C 20 2a1 bet 60 203202 t -is -S S — 204 205 AC 2 206 207 -Vt 9 36 20 •~ 0 j17 iS 209 p.sB .17 AC 9.62 0.23 AC 0.1~3 AC 0.1 C 86 j2.52 214 c t €0 0.49 AC 215 ~os5h1 59:15 0 41 4,- 14.28 4 ao25 ~ 59 0.4c 1 89 .0’ 216 S <1 ‘S 315.19 ‘4;. 04q 217 ~l7A •. 1 = 86 It I 0.AC 91 Properly Inforniatioji Property ID 38-98 Locatlow 28 MT VERNON AVE Owner DANTONIO ELISE MARGARET MAP POR REPERENCE ONLY NOT A LEGAL DOCUMENT Town ol North Alileboro, MA makes no claims and no warranties. e,cpressed or imphed. concerning the vahdiiy or accuracy of the GIS data presented on this map. Goorneny updated 71112017 Data updated 71112017 TOWN OF NORTH ATTLEBOROUGH, MASSACHUSETTS ZONING BOARD OF APPEALS NORTH ATTLEBOROUGH ZONING BOARD OF APPEALS MINUTES: 19 OF MAY 2020 VIRTUAL CONFERENCE ROOM GOTOMEETING.COM – 629-619-237 ZONING BOARD MEMBERS FULL TIME MEMBERS ALTERNATE MEMBERS Russell Baumann (P) Kathryn Holley (NP) Sandra Cook (P) Bruce Wessel (P) Arsen Hambardzumian (P) Mitch Foster (NP) Benjamin Dowling (P) Landis Hershey (P) (P) = Present (NP) = Not Present Meeting Commenced: 6:30 P.M. Meeting Adjourned: 7:15 P.M. OTHER VIRTUAL SPEAKING ATTENDEE’S: No Other Speaking Attendee’s TOWN OF NORTH ATTLEBORO ZONING BOARD OF APPEALS VIRTUAL MEETING May 19, 2020 6:30 P.M. AGENDA OLD BUSINESS: Debra & Adam Terrell – 538 Kelley Blvd. – Requesting to withdraw their application Greater Attleboro Area Council for Children – 0 John Dietsch Blvd. – Continuing until June 16, 2020 Appeal of Marjorie Avarista & Hannah & Nathan Burrows – 196 Commonwealth Avenue – Continuing until June 16, 2020 Robert Rodericks – Primrose Terrace – Continuing until June 16, 2020 OTHER ITEMS: Approve Meeting Minutes from April 21, 2020 Meeting Any Other Board Business The meeting opened at 6:30 and the Clerk of the Board Michelle DiRenzo polled the virtual meeting attendees to confirm that all members and applicants were in attendance. All voting members were in attendance Mrs. DiRenzo explained where how the meeting would run, how votes would be taken and where the viewing audience could view the documents and plans being discussed. Chairman, Russell Baumann welcomed Landis Hershey and Bruce Wessel as new members of the Board. Debra & Adam Terrell – 538 Kelley Blvd. – Requesting to withdraw their application At the request of the applicants Sandra Cook made a motion to allow that the application be withdrawn without prejudice. Second: Benjamin Dowling 5-0 (via roll call) Greater Attleboro Area Council for Children – 0 John Dietsch Blvd. – Continuing to June 16, 2020 Sandra Cook made a motion to continue the hearing until June 16, 2020. Second: Benjamin Dowling 5-0 (via roll call) Appeal of Marjorie Avarista & Hannah & Nathan Burrows – 196 Commonwealth Avenue – Continuing until June 16, 2020 Sandra Cook made a motion to continue the hearing until June 16, 2020. Second: Benjamin Dowling 5-0 (via roll call) Robert Rodericks – Primrose Terrace – Continuing until June 16, 2020 Sandra Cook made a motion to continue the hearing until June 16, 2020. Second: Benjamin Dowling 5-0 (via roll call) Sandra Cook made a motion to approve the minutes from the April 21, 2020 meeting. Second: Benjamin Dowling 5-0-1 (via roll call) Chairman Baumann gave a brief overview of the Board and their responsibilities for the new members. Benjamin Dowling made a motion to adjourn at 7:15. Second: Sandra Cook 5-0 (via roll call) Voted and signed this day of ______, 2020 ______Russell Baumann Chairman