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Home My WebLink AboutMiscellaneous - 95 CANDLESTICK ROAD ► f ot;i FR Received by Town Clerk: JUN 24 I ►�� TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE APP licantCraig S. and Georgina A. Mitchell Address 95 Candlestick Road North Andover, MA 01845 Tel. No. (508) 683-9715 1. Application is hereby made: W)XXXX& XAXXM SI.:w=jomXtXlteIAlc]Dxomt-zxx(XfX 4;t*PW1 P XXWXT=IceXX$XXxXXuwXggXtpXX b) For a special Permit under Sectio44.121 Paragraph 19 of the Zoning Bylaws. X�YXXXX�YX �X��I4�XXX�4��"XX� XYX�X4��X��XX�� 2. a) Premises affected are land and building(s) numbered 95 Candlestick Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street. Street, and known as No. Street. C) Premises affected are in Zoning District Rl , and the premises affected have an area of 75,239 square feet and frontage of feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Craig S. Mitchell and Georgina A. Mitchell 95 Candlestick Road, North Andover, MA 01845 Date of Purchase 1983 Previous Owner Trombly b) 1. If applicant is not owner, check his/her interest in the premises: J, prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. Addition to 4. Size of proposed building: 24 front; 24 feet deep; Height 2 1/2 stories feet. a) Approximate date of erection: Fall 1993 Upper.Floors Residential b) Occupancy or use of each floor: Lower Floor Child care center C) Type of construction: Wood frame 5. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? 8/22/88 6. Description of relief sought on this petition Expansion of existing special permit to allow for use of preschool by up to 31 children 7 . Deed recorded in the Registry of Deeds in Book 1719 page 127 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) See Attached I agree to pay the f i fee, advertising in newspaper, and in ' tal Signatur of Peti i (s) Ever application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be . brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCEL LOT NAMEADDRESS 106A 108 raig S. & Georgina A. Mitchel 95 Candlestick Road No A dover,MA ABUTTERS MAP PARCEL LOT NAME ADDRESS 106A 106 Howard L. & Carol A. Moe.:. 115 Candlestick Rd, No. Andov r, MA 106A 105 Denise A. Boudrea and Louis P. Scutellaro 125 Candlestick Rd, No. Andover, MA 106A 110 Daniel & Faith J McCarthy .. 71 Candlestick Rd Nor Andover, MA 106A 116 Joseph A. & Mila J. Nadeau 86 Forest St. , North Andover MA j 106A 117 Joyce A. & Helder M. Sal weir 98 Forest St. , North Andover MA 106A 135 Dennis W. &Nancy M. Matthews 110 Forest St., North Andover MA 106A 8 Dennis G. & Susan Batte122 Forest St. North Andover MA rsb 106A 96 David A. Milot 22 Millpond Road North Andover, MA 106A 97 L Zobert N. & Constance H. ontouri 100 Candlestick Rd, No. .Andov r,. MA 106A 109 Deter & Lisa Bensen - 81 Candlestick Rd, No. Andove , MA 106A 226 dward J. & Thomas .M. Rauseo rs. Sherwood Realty Trust 100 Merrimack Ave. , Dracut, 01826 106A 227 William A. & Patricia B 106A 228 Davison 365 Candlestick Rd, No.., Andov r,..-MA I i i i I j I i i i The applicant is currently operating a family day care center on the premises for twelve children. They intend to construct an addition to their home adding sufficient area to operate a children's day care center in conformance with the requirements of the Commonwealth of Massachusetts Division of children's Services to accommodate 31 children. The applicant is a duly licensed and qualified instructor and has a waiting list of parents for the admission of children into the day care center. There is existing drastic shortage of needed facilities of the type being provided by the applicant and the applicant believes that her home environment and teaching qualifications and staff could best be utilized in providing day care services for 31 children. The applicant believes that the area in her home in the country atmosphere at Candlestick Road is an appropriate if not an ideal location for the use proposed. The area is readily available for access by the families within the Town of North Andover utilizing her services. The scale of the operation proposed by the applicant is such that it will not adversely effect the neighborhood surrounding her home. The applicant has a large driveway with adequate turn-around space so that the children and the vehicles of the parents transporting the children to the day care center will not create a nuisance or serious hazard to vehicles or pedestrians in the area. The area of the applicants home to be created will expand the house and the existing child care facility sufficiently to accommodate the additional number of children. It will have immediate door access to the outside for access and egress needed for safety and other purposes. The applicants yard is large and provides adequate space and area for outdoor play and recreation at appropriate times. The children are at all times supervised and their use of the premises does not constitute an annoyance or nuisance to the abutting property owners. The applicant believes that the use as proposed by her will be in harmony with the general purpose and intent of the North Andover Zoning By-Law and will provide much needed service to the community. She has spoken to her immediate abutting neighbors and they are wholeheartedly in favor of her proposed expansion. '00 fill) Ido An filed y appeal s -2'! IN' the T C G at 7" c'f JUL ?3 2 29 P P 9S3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date JuJy. .2 3, . 1993. . . . . . . . . . . Petition No.. . .031-:-93. . . . . . . . . . . . . Date of Hearing. July. .1.3, .1.99.3. . . Petition of . . . . . Craig .4.Georgina.Mitchell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . .95. Candlestick. .RQ4d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit under Referring to the above petition for a wdK*W -Sect-i-on .4.12.1.,. . .Paragraph ,19. Pf. .tbp—zming .13ylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . expansion. of-existing Special. Permit. t.o. .allow. far .use. of .pre-rschool b.y .vp. to. acbildx.e.-n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of App6als voted to DENY. . . . . the .Spqpial. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pl*ffiulu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ffic V&-vNi-Ifix�k� )Mao wupinto Signed '64im an . . . . . . . . . T *ce-cC . . . . . . . . . . .Walter Soule.,. Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .John. Palloue. . . . . . . . . . . . . . . . . . . .Robext .Ford. . . . . .. . . . . . . . . Board of Appeals 'a r° v t'he DA11 H UNG OF NOpT69ry0 T 0 W C'1.', i'l'Kp NORTH JuL 23 2 29 F0 ApAATE p WPPay.(5* SSACHU5E� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Craig & Georgina Mitchell * DECISION 95 Candlestick Road North Andover, MA 01845 * Petition: #031-93 * The Board of Appeals held a regular meeting on Tuesday, July 13, 1993 upon the application of Craig and Georgina Mitchell requesting a Special Permit under Section 4 . 121, Paragraph 19 of the Zoning Bylaw so as to permit expansion of existing Special Permit to allow for use of pre-school by up to 31 children on the premises located at 95 Candlestick Road. The hearing was advertised in the Lawrence Eagle-Tribune on June 29 and July 6, 1993 and all abutters were notified by regular mail. Upon a motion by Mr. Rissin and seconded by Mr. Ford the Board voted unanimously to take this matter UNDER ADVISEMENT. Later upon a motion by Mr. Soule and seconded by Mr. Rissin to grant, the Board voted to DENY the request for expansion on the grounds of increased traffic flow, traffic congestion and insufficient off-street parking for picking up and discharging children and the safety of not only the school children, but the children in the neighborhood. The vote was 1-4 . (Sullivan for; Soule, Rissin, Ford and Pallone against. ) Dated this 23rd day of July 1993 . BOARD OF APPEALS ` jd + —4 William ullivan, . Vice-chairman