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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Notice is hereby given that the Board of Appeals will give a
hearing at the Senior Citizen' s Center located at the rear of the
Town Building, 120 Main Street, North Andover on Tuesday
evening; the 8th day of February
1994 at 7:30 o'clock, to all parties interested in the
appeal of Kenneth P. Willner requesting a Special
Permit under
xvacri igxlof Sec. A 11-19 par1qgran_h(3) (d) of the Zoning By Law as
in effect in 1984
so as to permit for construction of a dwellinir in the Watershed Protection
District,
LEGAL NOTICE a premises, located at #15 (Lot 15) Carriage Chase
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE By Order of the Board of Appeals
Notice is hereby given
that the Board of Appeals
will give a hearing at the Frank Serio, Jr. , Chairman
Senior Citizen's Center
located at the rear of the
Town Building, 120 Main Eagle Tribune
Street,North Andover on
Tuesday evening the 8th ish in the an January 25 & February 1, 1994
day of February 1994,at
7:30 o'clock,to all parties
interested in the appeal of
Kenneth P. Willner
requesting a Special Permit
under Sec.4.133, Para-
graph(3) (d)of the Zoning
B Law in
Y as effect in
1984
so as to permit for construc-
tion of a dwelling in the
'Wetershed Protection Dis-
trict on the premises,
located at#15(Lot 15)Car.
riage Chase.
By Order of the
Board of Appeals
Frank Serio,Jr.
E-T—Jan.25,Feb.1,1994
Any appeal shall be filed RFCEIVE9
within (20) days after the DANIF..L L�4dr
this f NORTH T0*WN CLE;{K
Fate of filing cf ivo: .,.
3�°.t"`° '°1"o NORTH <.13 j;:)k'ER
•� C'••ly'!l
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-'-he Office of th. o p
. Fes 14 1149 AM IN
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SSAC HUSE��
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Kenneth P. Willner * DECISION
15 Carriage Chase
North Andover, MA 01845 * Petition #008-94
*
****************************
The Board of Appeals held a regular meeting on Tuesday evening,
February 8, 1994 upon the application of Kenneth P. Willner
requesting a Special Permit under Section 4. 133 , Paragraph (3) (d)
of the Zoning Bylaw in effect in 1984 so as to permit
construction of a dwelling in the watershed no-disturbance on the
premises located at 15 Carriage Chase. The following members
were present and voting: Frank Serio, Jr. , Chairman, Walter
Soule, Clerk, Raymond Vivenzio, Robert Ford and John Pallone.
The hearing was advertised in the Eagle Tribune on January 25 and
February 1, 1994 and all abutters were notified by regular mail.
Upon request of the petitioner, a motion by Mr. Vivenzio and
second by Mr. Soule, the Board voted unanimously to ALLOW THE
PETITION TO WITHDRAW WITHOUT PREJUDICE.
Dated this 14th day of February 1994.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
REUrIYED
„ . :3 ,"'°"" � � DANIEL LONG
s '�� Ania7++ PO T01 rt + LEEK
;:',:n �s1 isas� NORTfi N OVER
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FEB
•."'.. FEB 14 1149 A14 94
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . .February. .14, . 1994. , : , , , . ,
Petition No.. . 0.0.8-94. . . . . . . . . . . . .
Date of Hearing. . .February. .$, . 1994
Petition of . . . . .Kennet.h .P. .Wil.leer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 15—Carriage. Chase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Permit
Referring to the above petition for a kltftf�bk from the requirements ofXM Section. .4..133,.
Paragraph- -(3) (d), of .the. Zoning.Bylaw .in,effect .in. 1984. . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit -wnst:ructimi. of .a dwelling.in, the .Watershed ,n0-dis.turbince. Zone,. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . ALLOW. . . . . the
PREJUDICE.
PETITIONER TO.WITHDRAW.WITHOUT. .
1ufttfi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed d .�1� � ��!sl•; i�.
. , . . _ . . ,Frank .Serio,. jr.,'; ,Chairman. . .
. . . . .Walter .Soule.,. .Qlerl.. . . . . . . . . .
. . . .Raymo.nd .VivenziQ . . . . . . . . . . . .
. . . . . . . . .Rober.t .Ford. . . . . . . . . . . . . . . . .
. . . .John .P.allone. . . . . . . . . . . . . . . .
Board of Appeals
DAVIS, MALM & D'AGOSTINE
A PROFESSIONAL CORPORATION
ONE BOSTON PLACE
BOSTON,MASSACHUSETTS 02108-4470
Julian J.D•Agostine Carol R.Cohen
C.Michael Malm Howard P.Speicher
Harold R.Davis Paul L.Feldman
Frank P.Conrad Kevin F.Long TELEPHONE:(617)367-2500
William F.Griffin,Jr. William J.Griset,Jr. TELECOPIER:(617)523-6215
Paul E.Levenson Peter L.Koff
Robert C.Gerrard Gary M.Feldman
John G.Serino George A.Hewett
John R.Berman Harold G.Clarke,Jr.
Sidney J.Wartel Robert J.Diettrich
Gary S.Matsko J.Gavin Cockfield
Judith Ashton Ellen Donovan McCann
John T.Lynch Thomas S.Fitzpatrick
Grover S.Parnell,Jr. Robert E.Richards,Jr. February 14, 1994
Robert J.Galvin Jennifer L.Wilinsky
John D.Chambliss Lori H.Freedman
Richard A.Nylen,Jr.
Ms. Linda Dufresne
Board of Appeal
North Andover Town Offices
120 Main Street
North Andover, MA 01845
Re: Lot 15, Carriage Chase, North Andover
Dear Ms. Dufresne:
This is to confirm that at the Board of Appeals hearing on
February 8, 1994, the applicant requested that the Board allow the
withdrawal without prejudice of the application for special permit
only. The applications for variances remain pending.
Thank you for your cooperation in this matter.
Very truly yours,
Ho�.rard P- Swe_,--her
HPS/mtd
cc: Kenneth Willner
D
FEB 151994.
- - BOARD OF AP
PF-AtS
Received by Town Clerk:
J. 29 '
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
55 Union Street
Applicant Kenneth P. Millner Address Boston, MA 02108
and Jacqueline D. Best-Willner Tel. No. ( 617 ) 227-9090
1. Application is hereby made:
a) For a variance from the requirements of Section '4. 133
Paragraph ( 3 ) (c) and Table 2 of the Zoning Bylaws,*
as in effect in 1984.
b) For a special Permit under Section 4. 133Paragraph 3 d)
of the Zoning Bylaws, as in effect in 1984.
C) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land and building(s)
numbered 15 (Lot 15 ) Carriage CSase Street.
b) Premises affected are property with frontage on the
North ( ) South ( x) East ( ) West ( ) side of
Carriage Chase Street.
Street, and known as No. 15 (Lot 15 ) Carriage Chase
Street.
C) Premises affected are in Zoning District R1 and the
premises affected have an area of 44,075 square feet
and frontage of 150.05 feet.
3 . Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
Kenneth P. Willner and Jacqueline D. Best-Willner
Date of Purchase 12/31 /91 Previous Owner Marblehead
Dev. Corp.
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: 128 front; 38 feet deep;
Height 2 stories; 35 feet.
a) Approximate date of erection: Spring, 1994
b) Occupancy or use of each floor: Single family residential
C) Type of construction: wood frame
5. Has there been a previous appeal, under zoning, on these
premises? Unknown If so, when?
6. Description of relief sought on this petition j
7 . Deed recorded in the Registry of Deeds in Book3377 page 261
Land Court Certificate No. Book Page
i
The principal points upon which I base my application are as
follows: must be stated in detail)
Lee attached.
I agree to pay the filing fee, advertising in newspaper, and
inci ental ex1aenses*
Signature f etitioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All 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
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LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP !PARCEL !LOT INAME JADDRESS !
ABUTTERS
;MAP !PARCEL ;LOT INAME ADDRESS
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ATTACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION
FOR LOT 15 CARRIAGE CHASE STREET
The applicants seek approval of a special permit and variances
from three provisions of the Zoning By-law as it was in effect in
1984, pursuant to the zoning freeze provisions of Massachusetts
General Laws, chapter 40A, Section 6. Specifically, the. applicants
request the issuance of a special permit for construction of a
dwelling in accordance with Section 4. 133 (3) (d) , the Watershed
Protection district, as in effect in 1984, and variances from
Section 4 . 133 (3) (c) (Watershed no-disturbance zone) and Table 2
(dimensional requirements) for front yard and side yard setbacks,
all as in effect in 1984.
The conditions for the granting of the special permit are met
and the special permit should be granted for the following reasons:
A. The specific site is an appropriate location for the use,
structure or condition. The site is presently in an R-1 single
family residential zoning district. The proposed use and structure
is a single family dwelling consistent with the allowed uses in the
district. The property is also in the Watershed Protection overlay
district and as such is subject to the special permit requirements
of the By-law if the proposed construction is within 100 feet of a
tributary of Lake Cochichewick.l The proposed dwelling is located
as far as is practically possible on the site from the wetlands on
the site. There is no location on the property where the dwelling
could be constructed without being within the 100 foot buffer zone
from the wetlands.
B. The use as developed will not adversely affect the
neighborhood. The single family use proposed for the property is
consistent with the single family character of the neighborhood and
will not adversely affect the neighborhood in any way. Conditions
on the development of the property contained in the Order of
Conditions issued for the property by the North Andover
Conservation Commission further assure that there will be no
adverse impact or effect on the neighborhood or on the drinking
water supply as a result of the construction on and use of the
property.
1 The applicants take the position that the property is not
subject to the Watershed Protection provisions of the By-law on the
ground that the wetlands on the property are not a "tributary"
within the meaning of the By-law. Therefore, the applicants take
the position that the granting of the special permit and the
variance from Section 4. 133 (3) (c) is not necessary for the lawful
construction of the proposed dwelling. The applicants have agreed
to apply for the variance and special permit but reserve their
rights regarding this matter.
i
C. There will be no nuisance or serious hazard to vehicles or
pedestrians. The property is located on an approved subdivision
roadway and will be used for a single family dwelling in accordance
with the subdivision approval.
D. Adequate and appropriate facilities will be provided for
the proper operation of the proposed use. The property will have
the benefit of town water and sewer facilities, thereby protecting
the watershed from the adverse effects of the use of a septic
system. The property will also be subject to other protections
during construction as provided for in the Order of Conditions.
These include the construction of a retaining wall 20 feet from the
edge of the wetlands on the property, a restriction against any
cutting, grading or other activities within 20 feet of the wetlands
and the addition of a pond which will be beneficial to the wetlands
and the watershed.
E. The use is in harmony with the general purpose and intent
of the By-law. The -purpose of the Watershed Protection provisions
of the By-law is to protect the integrity of Lake Cochichewick as
a supply of drinking water. That purpose is amply protected by the
proposal before the Board. The degree of involvement of the
wetlands on the property as a "tributary" of Lake Cochichewick, if
any, is arguable and is at best marginal in any case. At the same
time, the proposal affords more than adequate protection to the
wetlands on the property to the extent that they function at all as
a part of the water supply. Standard precautions, such as the use
of hay bales, will be taken to protect the wetlands during
construction to facilitate erosion control. Other precautions have
been taken for protection of the watershed after construction.
These include a prohibition against underground fuel storage; use
of town water and sewer facilities, thereby avoiding the need for
a well or septic system; a prohibition against the use of
pesticides and herbicides within 100 feet of the wetlands; a
requirement that only organic fertilizers with a low nitrogen
content be used; and construction of a retaining wall to protect
the integrity of the 20 foot no-disturbance zone, as well as other
provisions specified in the Order of Conditions.
The conditions for the granting of the requested variances are
met and the variances should be granted for the following reasons:
A. There are circumstances relating to the soil conditions,
shape or topography of the property which especially affect the
property but not generally the zoning district in which it is
located. The property is a long, rectangular lot, twice as long
front to rear as it is wide. A narrow projection of wetlands, only
about one-fifth the width of the lot, extends from the rear of the
lot for almost two-thirds of the length of the lot, for a distance
of about 180 feet of the 300 foot length of the lot. A subdivision
roadway cul-de-sac also infringes on the front 20 feet of the lot.
These conditions relate specifically to the soil conditions
-2-
(wetlands) and shape (cul-de-sac infringement) of the property in
a way which is unique to the property and which does not affect
generally the zoning district in which the property is located nor
for that matter other properties in the district.
B. Owing to the above conditions, a literal enforcement of
the provisions of the By-law will involve substantial hardship,
financial or otherwise, to the applicants. The extension of the
wetlands over the rear 180 feet of the lot and the infringement of
the cul-de-sac over the front 20 feet leaves only about 100 feet in
which to locate a house. That 100 feet is entirely within the
buffer zone under both the Watershed Protection provisions of the
By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The
Conservation Commission as well as the purpose of the Watershed
Protection provisions of the By-law call for maximizing the
distance of disturbance and construction from the wetlands on the
property. Given the tight space between the edge of the wetlands
and the cul-de-sac, it is impossible to provide an acceptable zone
of no-disturbance and no-construction from the edge of the wetlands
without invading the front and side yard setbacks required by the
By-law. Even then it is impossible to do so without reducing the
width of the no-disturbance area from the edge of the wetlands to
some extent in violation of the 25 foot requirement in Section
4. 133 (3) (c) of the By-law. Because of the conditions noted above,
it is impossible to build a single family dwelling consistent with
the neighborhood which will comply with the front and side yard
setback provisions of the By-law and which will comply with the no-
cut provisions of the Watershed Protection provisions of the By-
law. Furthermore, the Conservation Commission has agreed to issue
a modified Order of Conditions, referred to above, which will allow
the proposed dwelling and related grading and cutting, to come no
closer to the wetlands than the 32 feet for the house and 20 feet
for grading and cutting shown on the plan submitted in conjunction
with this application. As a result, a literal enforcement of the
noted provisions of the By-law will render the lot, as a practical
matter, unbuildable, with the resulting financial and practical
hardship to the applicants, who purchased the property in order to
build their home on it and live there.
C. Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the By-law.
The granting of the requested relief will actually further rather
than derogate from the intent and purpose of the By-law and will
not involve any detriment to the public good. The requested
variances will further the goal of protecting the watershed by
maximizing to the extent possible the distance of the cutting,
grading and construction from the wetlands while preserving as much
of the front and side yard setbacks as possible and minimizing any
intrusion on the existing cul-de-sac, which is encroaching on the
property without the benefit of an easement, to an extent
acceptable to the Town's Public Works Department. Since there are
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only three houses on the street, the slight intrusion into the
front and side yard setbacks will have little if any negative
effect on neighboring properties, and the owner of the abutting lot
on the affected side of the property has expressed no opposition to
the granting of the variances. The variances requested are the
minimum variances that will accomplish the intended purpose.
For the reasons stated above, and others which will be stated
at the public hearing, the applicants respectfully request that the
Board grant the requested relief.
Kenneth P. Willner and
Jacqueline D. ' Best-Willner,
By their attorney,
f
Ho and P. icher
Davis, Malm & D'Agostine, P.C.
One Boston Place
Boston, MA 02108
(617) 367-2500
.J:\SPEICHER\\V M LN ER\BDOFAPP.APP.
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4 LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP !PARCEL 'LOT !NAME JADDRESS
3R"forj<-- D, GW,-LA)iLuJ41L
a ABUTTERS
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