Loading...
HomeMy WebLinkAboutMiscellaneous - 163 SALEM STREET 4/30/2018 (5) �'. • i • 1 f E ® ft /Spmeclal Perrft APPIKATION FILED ON: DECISION DUE ON. 57 4 d I I S . 1 I y } I r ars U I y t� ORT fN•..hq�r ' _..._-_____ ..._ ♦ • •� 1838 : �►��ACHUg 444 TOWN ' OF NORTH ANDOVER MASSACHUSETTS • BOARD OF APPEALS r NOTICE M4y. .2C 19. .8.5 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building', North Andover,on. Monday evening . . . . . . . thel0th. day of . . . . . .June. . . . . . . . . . . 19. 8 5, at.7:.dock, to all parties interested in the appeal of . . . . . .MacMLF '. .DFVZLQPMT.NT. CORPORATION requesting a tic-vkSecvxxxxxxxxxxxxN. 49fl €iIR A3YJiawsrY-wAH:pxmaik . . S.pec.ial. .Permit .un.der. Section 1 .4 . 1.33, of. the, .Zon.in.g By. Law s'o as topermit the construction of a single family dwelling within 100 feet of a 'tributary tc Lake C p ch i c.h e wi c]c... . . . . . . . . . . . . . . . . . . . . on the premises, located at. . . the south. side. of S a le. m . . . . . . . . . . . . . . Street known as 163 Salem. Street. . . . . . . . . . . . . . . . . . . . I . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals By : Frank Serio, Jr. , Chairman Publish : Citizen : May 23 and 30 . 1985 Send bill to : Mac.Miff Development Corp. 213 Broadway Methuen , MA 01844 Leel Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Non rrf Qt 4��to ;°1HQ ` 3? a.r. •,` .° OL O � �SS^CHUS� May 20,1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 10th day of June 1985,at 7`30 o'clock,to all par- . ties intern"ted in the appeal of "ear"", "UELOPMENT COR- iesting a Special ... - 4.1.'20. Af Reg.$G IN FLOWER.. AZ1 I000'S TO Reg IN BL RB l000,s TO Reg. LARGEST i,_iviff Dts PORATION requ Permit ader Secoon the Zoning By Law so as to per- mit the construction of a single family dwelling within 100 feet of a tributary to Lake Cochichewick on the premises, located at.the south side of Salem Street. known as 163 Salem Street. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish N.A. Citizen: May 23 and May 30,1985 F13 J At re ul Ilireettons:<: leit.ate. 49`: West on righ end;tura rig hours:' F , ROU ,I Legal.Notice _.__._.__.._ ..._ TOWN OF `f NORTHtANDOVER `; 4= BOARD OF APPEALS k NOTICE NORT" o, 1ti 0 A ♦moo«-.«.,.'�. , �1SS�1CHLIS 'r . May 20,1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 10th day of June 1985,at 7:30 o'clock,to all par- ties interested in the appeal of MacMIFF DEVELOPMENT COR PORATION requesting a,Special.' Permit under Section 4.133 of the Zoning By Law so as to per-," mit the construction of a.single 'family dwelling within 100 feet of a tributary to Lake Cochichewick on the premises, located at the south side of Salem Street . known as 163 Salem Street. By Order of the Board of Ap- peals. Frank Serio,Jr: Chairman Publish N.A. Citizen: May 23 and May,30,1985 F13 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD �10RT1� Of 1 , ^ OL 1O " 1r, k y SSACHO May 20, 1985 Notice is hereby given that the PLANNING BOARD will hold a Public hearing•on Monday even- ing,June 17,1985 at 8:00 p.m. in the Town Office Meeting Room with all parties interested in the application of MacMIFF DEVELOPMENT CORPORATION requesting a Special Permit under Section 2,Paragraph 2.75 of the Zoning By Law so as to Permit a common driveway on premises located on the South side of Salem Street known as 163 Salem Street. Per Order of the North Andover Planning Board By:Michael P.Roberts Chairman 3ublish: North Andover Citizen: Aay 23 and May 30,1985. F15 North Andover com Amesbury game. In the bottom of the s North Readin The girls tennis team this past week with a 5- Reading. The Scarlet Knights e. paign today, Thursday, home match against Ma The Citizen's press time. "I expected to do a 14 match against North F North Andover Coach "The kids,played well b Yahoos beat In women's league soft week, the A & M Yahoc ` 6-4. For the Yahoos, offen Liz Sullivan (three for fc Landers (three for four). (three for four) and Patti V. Recd i.vA' by Town BAWL LONG TOWN CLERK NORTH A1d90YER MAY 17 2 r fm fay TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant_MacMiff Develon}eU1_Corp.L------Address 21 Broadwa , Methuen, Mass . 1. Application is hereby made; a) 131--�-4g131-�i.$1 • -� }�}n Aa r a rY r a nli _off that,--201a-i-n 9--BY—La w,%* b) For a Special Permit L111dur Section 4 Paragraph133 of the Zoning By Laws . ---- c) As a Party Aggrieved, for rcvicw' of a decision made by the Building. Inspector or other authority. 2. a ) Premises affected are' land_ x:_and building (s ) _numbered 16 S.�l�m._._ S t root . i b) Premises affected are property with frontage on the North ( ) South (x ) Last ( ) Wou t ( ) side of _ Sale_m__ _ - Street , and known as No. 16 Salem Street .� C ) Premises affected aro in Zoning Distract R3_, and the premises affected have an area .of 98, 005 square feet and frontage of 126.67 feet . 3. Ownership a) Name and address of owner ( if joint ownership, give all names ) : MacMiff Development Corp. , 213 Broadway, Methuen, Mass . Date of Purcha::e 10/17/84 Previous OwnerWm. & Constance McAndrew b) If applicant is not owner. , check liis/her interest in the premises : _Prospective Purchauur _—Lesee ,Other (explain) 4. Size of proposed building: 64 front ; 28 feet deep; Height_ 2 —stories;-2$M���r�cr, a ) Approximate date of crection: ` Jul 1985 b) Occupancy or use of each floor : Residential C ) Type of construction: Wood Frame 5. Size, of existing 1,ui ldin(j; 12- feet front; 12 feet deep; Height -`—stories ; -_ ' �_ a) Approximate da,;e ,f uruction: Not Known b) Occupancy or u .e of each floor : Storage c ) Type of constr ,ction:_This is a storage shed. which will be removed) 6. Has there been a previous appeal , under zoning,' on these premises? If so, w',--en? f4 7 . Description of relief :;Ought on this petition The a_p licant re uests a special permit to construct a single family dwelling with related is Zd ng within 100_ft. _of a wetland which is tributary- to Lake Cochichewick.--- 8 . Deed recorded in the Registry of �Decds :in Book 1881 Page-- 115- Book Land Court Certificate No. ""-- - ------- -^�- 9. The, prinoipal pointe upon which I bane my applioation are an follows: (must be stated in detail) Construction of this dwellin _ is' consistent' with resent use of the area and will not adversely affect the neighborhood, vehicl" .., or pedestrians . It is not possible to meet the setback requirements set forth in section 4, 133 (3) of the zoning by=laws, due to the wetlands on the rear of the lot and street -drainage on Salem Street. . The septic system plans, which are attached, have . been approved by- the Health Department, and the-Conservation Commission has approved-the construction as proposed on said plans. agreep y the ili_lit l-1 fco, -Advertising in-newspaper , and incidental expenses* S i 9 n 4 i l u r e-o i'-P e l F, o`n e r T j------------- -- l.- 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 rul. ic:f. until such time as it is made on the official application form. All information called for by the form shalt be furnished by t'he applicant in the manner therein prescribed . Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner , abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundre:cl feet ( 300 ' ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the , lan,d of any such owner is located in another. city or town, the Planning Board of L•he city -or town, and the Planning Board of every abutting city or town . *Every application : ball be : ubmi tted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and, all costs ir. ,,olvu: ( in bringing the petition before the Board. Such costs- shall include mailing and publication, but are not necessarily limited to these . Every application shall be aubmiLLed witli a plan of land approved by the Board. No petition will be brMlghL before the Board unless said plan has been submitted. Cordes of Lhu hoard ' s requirements regarding plans are I hereto or Mere availAblu from the hoard of Appeals upon request . d� LIST OTS' VAFV1'IES IN IN'T'EREST Name Address 1�acMiff Development Corp. 213 Broadway, -Methuen, Mass . 01844 r. David P. & Gayle D. Klemer 175 Salem St'. , -No. Andover, Mass . 01845 Ridgew000d Cemetery Assoc. 2 Johnson St. , No., Andover, Mass. 01845 John W. & Linda E. Parker 121 Salem St. , No. Andover, Mass. 01845' t/ Lewis J. & Beverly M. Jones 166 Salem St. , No. .Andover, Mass. 01845 N Edward L. & Frieda G. Bjornson 151 Salem St. , No. Andover, Mass. 01845 James E. & Ann W. Hamblet . . 13.7 Salem St. , No. Andover, Mass. 01845 DEOE File No. �, ':. • •�� ; . , , . ' . . , . . .. • . .. rro be provided by DEOE) � ' ,.. .• • i . .., _ , .:• ... Nort-h Andoupr Commonwealth cirylrown - __ -- i:AIacMi f f Deve 1 r)nm nt - of Massachusetis Applicant e ' LCJCc':1;.io1Z: Lot 1Sa3pm :fit , _ . Determination of Applicability Massachusetts `'Vetlands'Proiection Act, G'L c. 131 §40 and..coder' the Town of North Andover ByLaw,. .Chapter 3 �ection 3.S A �: From North Andover Co n ,!'ryat-i ori Go1mi s s i an " __ Issuing Authority o . NIaCMi f DevelojimeT;it ' Cort .�mA T (Name of person making,ret) ' ' (Name of property owner) 213. Broadway ; Address Methuen, -MA - - Address Damn This determination is issped and,delivered as follows: _ ., -.❑ by hand delivery to person making request on (date) . by certified mail, return receipt requc:;led on April ?3r4�$ (date) • Pursu2nt to the authority'of G.4_:c; 131;§40, th,Q Nprth, Andover 'Conservation Connis' ion has considered your[eq u.est for a Determinati4on of Applicability and its supporting documentation;and has' made the following•delo�minaligri'�cl1Gck Whi" c er is applicable): rte- ' This Determination is.positive: t ❑ The area described below, which includes all/part of the,area described in your request,is an Area Subject to Protection Under the Act.Therefore, any removing, filling, dre6ging or altering of that area requires the filing of a Nolice of Intent.,-' ri ed b •low which includes atll art of the v:ork d.Qscr ibed in.your request,is within work desc b � 2. O The or P an Area Subject to Protucllon Under the Act and will remove,,f ill, dredge or alter that area.There- fore, said work require;;tliu lilii►g of a lJotice of Intent. ' y . 1+�, - . ' 1. •• • .. ; � .. 3. O The work described below,which includes all/part of the work described in your request, is within the Butter Zone as defined in the regulations; und'will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent. This Determination is negative: . i 1. O The area described in your request Is;not an Area Subject to,Proleclion Under the Act. 2. O The work describbd inyour request is within an Ar,ca,Subject to Protection Under the Act, but will not remove, fill, dredge,or alter that area:Thcaefore,,spid,work does not require the filing of a - Notice of Intent. • 3. The work described in your r6quest is within the Buffer Zone;as defined in the regulations,but will not alter an Area Subject to Protection Under the Act.Therefore, said work Oges not require the filing of a Notice of Inlent. Lot.' 1 , Saleul Street- 4. treet 4. O The area described in your request Is Subject to Protection Under the Act, but.since the work described therein meets thu requimments for the following exerription,as specified in the Act and the regulations, no Notice of Intent Is rg46ired: North Ai-1(1clvr1r " ''"•'�'' Conservation Commission Issued by , This Determination must be signed byla in:jurlty of.the Conservation Commission. 23rd April On this day of_._. 19 $S ,before me personally appeared Gui 11,r�r•rlir►► 1l i •t,n _ , to me known to be the person described in, and who execulud,thu foregoing instrument, and acknowledged that he/she executed LIhne s me as his/her tree act and died. • Notary Public : i • , , • My commission expires This Determination does not relieve the applicant Iturn complying with all other applicable federal;stale or local statutes,ordinances. by-laws or regulations.-This Determination shall bu valid lot/hove yoars lorm the dale of issuance. _ The applicant,the owner.any Person agprteved by this Determination,any owner of land abutting the land upon which the proposed work is to be done,or any ten resldenls of lhu'clly or town in which such land is located.are hereby notified of their right to request the 1 oeparlment of Environmental Cualily Engineering to iswe a Superseding Determination of Applicability,providing the request is made by certified mal or hand delivery to the Depurtmunl wilhin.terl days from the dale of issuance o1 this Determination.A copy o1 the request ' shall at the same lime be sent by certified mail or hand delivery to the Conservation Commission and the applicant. r Ai OFFICE OF k° TOWN COUNSEL 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF NORTH 9ti DOMENIC J.SCALISE o� y'* (617)682-4153 PETER G.SHAHEEN 9 i * (617)689-0800 TOWN COUNSEL ' 9 �9SSgCNUSE� May 25, 1988 Mr. Frank Serio Zoning Board of Appeals Town Hall North�A•ndo-.der, MA 01845 RE McMiff mss. The Town of North Andover Dea r�''"Mr..--Serio: Please be advised that this matter has been placed on the trial list for the Essex Superior Court on June 8 , 1988 at 11: 30 a.m. The trial will be taking place at the Peabody District Court in Peabody, Massachusetts. It is important that someone from your board make themselves available on that date to testify as our witness in this matter. If you have any questions regarding this matter p ase feel free to call . e my yours, e Shaheen PGS: lao I OFFICE OF TOWN COUNSEL q6 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF NO°T" 9 N DOMENIC J.SCALISE F� zA (617)682-4153 PETER G.SHAHEEN (617)689-0800 TOWN COUNSEL °4 <o.,,.,_,. • SSACHUSEt TO North Andover Zoning Board of Appeals FROM: Town Counsel DATE: July 14 , 1986 RE MacMiff Development vs . North Andover Zoning Board of Appeals , Superior Court C.A. #85/2281 Please be advised that the above matter is scheduled for trial on Wednesday, July 16 , 1986 at 11: 30 A.M. in Peabody District Court . As you are a named defendant in this case , it may become necessary for you to testify at this trial. Please make yourself available at this time and if you are unable to appear for good reason please notify this office immediately. A yf s- NORTq �+ • O� o s s i � bnn AA7 ,SSACMUb�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July .), 1985 MacMiff Development Corp. 163 Salem Street Petition No.3�4 - 85 Mr. Daniel Long, Town Clerk Town .Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, June 10, 1985-upon the application of MacMiff Development Corporation. The hearing was duly advertised in -the -North Andover-Citizen on May 23, and May 30 , 1985, and all abutters were notified by regular mail. The following Board members were present at the public hear- ing and again on June 26, when the Board rendered its decision: . Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice-Chairman; Augustine Nickerson, William Sullivan, Walter Soule. The Petitioner seeks a Special Permit under Section 4 .133 of the Zoning By-Law so as to permit the construction of a single-family dwelling within 100 feet of a tributary to Lake Cochichewick on the premises located at the south side of Salem Street, known as 163 Salem Street. Mr. William MacLeod appeared on behalf of the Petitioner and test- ified that perculation tests were a proved b the Board of Health P Y and the Conservation Committee issued a negative determination. The Petitioner looked at alternatives, but they were not acceptable. There is no town sewer. Speaking in opposition were Mr. James Hamblet; Mrs . Gail Klener, Mrs. Constance McAndrew, and Mrs. Burenson. In summary, the oppo- sition expressed environmental concerns for Lake Cochichewick. Upon a motion by Mr . Frizelle, seconded by Mr. Sullivan, the Board voted unanimously to deny the Special Permit as requested. I The Board finds that the provisions of. Section 10 . 31 were not ' satisfied, 'specifically, that the site is not appropriate be- cause of the lack of a town sewer. The provisions of Section 4 .133 (1) also were referenced and the grant of the permit would not protect the public health and welfare. The Board al- so took note of the action of Town Meeting, prohibiting construc- tion around the Lake and the pending study of the Lake. Sincerely, B RD OF APPEALS Fr nk Serio, r. , Chairman i AEF/kdp I i i �f .�a� A►��t1n :�� a • 1855 ;p� gCHU � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . Julv. . . . . 95. . . . . . . . . . . Petition No.. . . . . . . . . ..'5 . . . . . . . . .. . 'Date of Hearing. . .June 1.0, 19.8 5 Petition of . . . .lvlacMif.f. Development . Corp. . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .i.6;3. .Sa.12m. .st.,. . . . . . . . . . . . . . . . . . . . Referring to the above petition fora SP e r is 1 Permit . . . Sec. . .4.0.33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit c.pnstru.�.tion, t;.ith.in. .l.pp. .ft., . of . trib.utarz . .to. .Lake . . . . . Cochiche.vaick After a public hearing given on the above date, the Board of Appeals voted to .D e.nv. . . . . the r Special Permit a . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . for Signed i Fr ::nk Serio Jr. Ch..irm. an. . . . . -1fred 4. _Frizelle, .Es, .ViCe Chaim n august i.nq. .P ic.k?rson. . . . . . . . ii,lia,m. Sullivan. . . . . . . . . . Walt er' . S.oul.e . . . . . . . . . ,. . . . . . . Board of Appeals i ! COMMONWEALTH OF MASSACHUSETTS i j ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 85-2281 !I MacMiff Development Corp. - ) I Plaintiff ) i VS . ) SUBJECT TO OPPOSITION ! PROCEDURE !! Frank Serio, Jr. , ) I! Alfred E. Frizelle, ) 11 William J. Sullivan ji Augustine E. Nickerson, ) Walter F. Soule, ) !i Raymond A. Vivenzio and ) John Simons, As They Are ) All Members of the Board ) �! Of Appeals Of The Town Of ) I• North Andover ) � ) I Defendants ) i I MOTION FOR A .SPEEDY TRIAL BY ! r MacMIFF DEVELOPMENT CORP. Now Comes Plaintiff, MacMiff Development Corp. , and move this! I ; ji Court to advance this proceeding for a speedy trial so that this i. case may be heard with as little delay as possible. is This matter involves an appeal by a party aggreived by a i j! decision of the Board of Appeals for the Town of North Andover, II Massachusetts in the granting of a Special Permit. I Further delay in arriving at a final disposition of this I li I' matter will prejudice the Plaintiff, MacMiff, in that it is I: it hindered and prevented in pursuing the construction of a residen- tial structure to which great expense and hardship is continuing I CARUSO&McLELLAN ATT ORNEVS:,i LAV. I to be incurred.. ONE ELM SpJP 4 _ ANDOVER,NA Oi Fic (517)475-5700 I �I li r rr1 Further, pursuant to Section 17 of Chapter 40A of the j I I Massachusetts General Laws all issues in any proceeding commenced ] i under said Section 17, shall have procedence over all other � I civil actions and proceedings. MacMiff Development Corp. I By their attorney, I' y i J Peteraruso, Esquire 11 Dated: April 7, 1986 Caruso & McLellan j! One Elm Square i Andover, MA 01810 I (617) 475-6700 j I� I . I I I li � I I i CARU50&McLELLAN i i ATTORNEYS AT LAW I ONE ELM SQUARE _�.. ANDOVER.MA 01810 (617)4-,5-5700 I I i li f CERTIFICATE OF SERVICE & NOTICE OF HEARING I I , Peter J. Caruso, attorney for Plaintiff , MacMiff Develop- ment Corp. , hereby certify that I have served a copy of the fore- i 1 i going Motion For A Speedy Trial, this April 7 , 1986 , which Motionl lis marked for hearing on Thursday, April 17, 1986 , at 9 : 30 a .m. lat the Superior Court at the Peabody District Court', in Peabody I lSquare, Peabody, Massachusetts as follows: I Il Clerk, Town of North Andover Service In Hand To Office of Town Counsel, i Attorney Domenic J. Scalise 89 Main Street North Andover, MA 01845 Il Frank Serio, Jr . Service by Mail, Postage Prepaid tof 250 Hillside Road North Andover, MA 01845 I Il Alfred E. Frizelle Service by Mail , Postage Prepaid to 131 Appleton Street North Andover, MA 01845 IIWilliam J. Sullivan Service by Mail , Postage Prepaid tol 405 Salem Street North Andover, MA 01845 I IlAugustine E. Nickerson Service by Mail, Postage Prepaid to�. 100 Moody Street i. North Andover, MA 01845 i ( Walter F. Soule Service by Mail, Postage Prepaid to , j; 70 Raleigh- Tavern Lane North Andover MA 01845 � I ` Raymond A. Vivenzo Service by Mail, Postage Prepaid to! 11 Appledore Lane North Andover, MA 01845 ( John Simons Service b Mail Postage Pr'e aid toI I 1 y 4 P " 74 Rock Road i" North Andover, NIA 01845 _ nr CARUSO& II Dated: Apri 1 7s 1986 \^: ATTORNEYS AT LA - r � ONE ELM,SQUARE Peter 7.� - - ANDOVER.MA OIEtU _ (6t 71475-67M �l I l �I 4 NORTH ANDOVER BUILDING DEPARTMENT NORTH 120 MAIN STREET o�,*�1°;'��p NORTH ANDOVER, MA 01845 io ,SSACHUS� INSPECTOR OF BUILDINGS TEL, 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR June 10, 1985 Board of Appeals Town Office Building North Andover, Ma. Re: MacMiff_Development Cost 163 Salem St. Gentlemen: Upon reviewing the above application, I find no evaluation of the environmental impact upon Lake Cochichewick. I recommend that the Zoning Board of Appeals take no action until complete environmental impact reports are submitted by professionals and other concerned town agencies. Very truly yours, CHARLES H. FOSTER F INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:of i e NORTH 1 O �ao e ti° , BOARD OF HEALTH « ` 120 MAIN STREET SACHu5E�Ay NORTH ANDOVER, .MASS. 01845 TEL. 682-6400 May 28 , 1985 Planning Board No.Andover Re: lt3 Salem St. Lot 1 Mass . Gentlemen: ., I have reviewed this plan and found it acceptable. The proposed driveway, as shown, should not affect the leach system or obstruct the expansion area it is use ever becomes necessary. Very truly ,yours , Michael Graf R S. Inspector mg,mj i