HomeMy WebLinkAboutMiscellaneous - 1675 GREAT POND ROAD 4/30/2018 (4) Gf2CAT OND V20J�P I��•� � ._ .-
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
!i NORTH
July 14,1988
r ,��'�*`,• o� . Notice is hereby given that
1 ~ �:p the Board of Appeals will give
_ * a hearing at the Town
- • + Building, North Andover, on
N Tuesday evening the 9th day
��s""•'O'er of August, 1988, at 7:30
SACHUS o'clock, to all parties in-
terested in the appeal of Maureen A. Dahar as a Party Ag-
grieved for relief from conditions imposed by Board of Ap-
peals that petitioner tie into sewer. NACC has indicated it
prefers the use of a septic system rather than use an ease-
ment across land of the Conservation Commission on the j
premises, located at Lot 2, Plan 9825, Great Pond Road.
By Order of the Board of Appeals
Frank Serio,Jr.,Chairman
Publish in North Andover Citizen July 21 and July 28,
1988 62193-4
Bright and charming home in move-in'conditionl
New Florida room off family room, 4.bedrooms,
eat-in kitchen, hardwood floors. Over an acre in
country setting.EXCLUSIVE $239,000
1
33 Chestnut St. GN01V
Q Andover
Rm of thetye-N
A,,,,..,Legal Notice
. . TOWN OF NORTH ANDOVER >
` MASSACHUSETTS
` BOARD OF APPEALS
NOTICE. t
woRTH .
July 14,1988.
? .` `�• �� Notice is hereby given that
3 .lr. 'ter••
A the Board of Appeals will give
a hearing at the Town,
l r« Building,.North Andover, on:
'' °*••«as • ' Tuesday evening the 91h day
rl�S R"TI°'�6` of August, 1988, at 7:30
S�eHus o'clock, to all parties in-'
terested in the appeal of Maureen A. Dahar as a Party Ag;
grieved for relief from conditions imposed by Board of Ap-
peals that petitioner tie Into sewer. NACC has indicated it
prefers the use of a septic system rather than use an ease-
ment across land of the Conservation Commission on the
premises, located at Lot 2, Plan 9825, Great Pond Road.;'
• By Order of the Board of Appeals
Frank Serio,Jr.,Chairman.
Publish in North Andover Citizen July 21 and July 28,
1988 62193-4
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• .
• I �: 18b5.�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
. . . . July .14 . . . . . .19.88 ``i
Notice is hereby given that the Board of Appeals will give a I
hearing at the Town Building,North Andover,on. Tuesday
evening . . . . . the9.th . . day of . .August . . . . . . . . . . . .
19. 88, at.7:3®'clock, to all parties interested in the appeal of
. . . .Maureen A. Dahar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AS A Party. .Aggreived .
1AWff_#_VW* FOR RELIEF -FROM CONDITION IMPOSED
BY BOARD OF APPEALS THAT PETITIONER TIE INTO
SEWER. NACC
HAS *INDICATED 'ff PREFERS THE USE OF
A SEPTIC SYSTEM -RATHER. THAN-USE- AN -EASEMENT ACROSS
LAND OF THE CONSERVATION COMMISSION.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
' on the premises, located at. .Lot 2, Plan 9825, Great Pd. Road,,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By Order of the lard Appeals
Frank Serio, Jr. , 'Chairman
{ F. Publish in the N.A. Citizen on July 21 & July 28, 1988
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R96eived by Town Clerk: REC'EI ED
DANIEL LONG
TOWN CLQ FtK
NORTH Aliti6VER
f
JUL 13 12 21 FM °88
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Maureen A. Daher Address 21 Arthur Street, Methuen,MA
____ ------
1 . Application is hereby made:
a ) For a variance from the requirements `of Section Paragraph
and Table of the Zoning Y B Laws .
b) For a Special Permit under Section Paragraph. of the Zoning
By Laws . --
c ) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
d) Relief from condition of building imposed by Board of Appeals on 9/23/85 ;
2. a ) Premises affected are land_ R_X_ -and building(s ) X _numbered
la
Lot Z Pn 9825 Great Pond ad XA4*-
b) Premises affected are property with frontage on the North (x )
South ( ) East ( ) West ( ) side of Great Pond Road
Street , and known as No. N/A _ f Street .
c ) Premises -affected are in Zoning District R-2, and the premises
affected have an area of2. 37 ac _
X� c� and frontage of
150 feet . --
3. Ownership
a ) Name and address of owner ( if joint ownership, give all names ) :
Maureen A. Daher
Date of Purchase 6/28/85 Previous Owner Joseph Sobel
b) ' If applicant is not owner , check his/her interest. in the premises :
N/A
_Prospective Purchaser Lesee Other (explain)
. 44 Size of proposed building _ front; feet deep;
Height stories; feet .
a ) Approximate date of erection:
b) Occupancy or use of each floor :
c ) Type of construction:
5 . Size of existing building: feet front ;_ feet deep;
Height stories ; fceE.
a ) Approximate date of erection:
b) Occupancy or use of each floor :
c ) Type of construction:
6. Has there been a previous appeal , under zoning , on these premises?
yes If so, when? September 17, 1985, Petition No. 42-85 and 43-85
i
11,
i A4
S 7;, Description of relief sought ' on 'this petition re,Ilief from conditod
imposed by Board of Appeal that Petitioner' tie ino sewer. ,
8. Deed recorded in the Registry of Deeds in Dook'*-''1995 page 139
. Land. -ourt Certificate No. Book pa
` g
,. The principal points upon which' I base my a jm;
on are as follows:
' •,(must be stated in detail )
I have attemLpted to 'conply with the condition, hgwever,'hthe Conservation
". Commission has indicated it prefers`- thause a sep rather than
•l�_aneas9mCUt drross land of the Conservation -Commission.
I agree to pay the filing fee, advertising in newspaper , and incidental
expenses*
Signature of Petitio erg
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 mannerl �herein,;: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 ,'wf thin ' three hundred feet ( 300 '. ) of the property line of the
petitioner as they appear . on the most recent applicable tax list ,
notwithstanding that the land of any such . .
h owner
Y is located in another city
-or town, the Planning Board of the cit o .' '.
y r town, , and the Planning Boars off• • �
: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 shalt 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 .
LIST OF PARTIES IN INTEREST '
Name AJ.� r
/Mr. Jos'ep Sobel 1689 Great. ons North And r
Ms. Margaret Sullivan 136 Hidden Road, Andover, MA
Mr Charles Tourkantonis '207 French Farm Rd. , North Andov r• '
Ms.' Patricia Tourkantonis . :
V___k's. Joan Thompson 1.725 Great Pond Rd. ,North Andover,MA.
,/s. Janice Butterfield '214 French Farm Rd. ,North' Andover,w
•�Mr. Ibrahim El-Hefnt 1.665 •Great Pond R . ,North Andover,MA�
/Ms. Wensley E1-Hefnt
./s. Julie G. Goulter French' Farm Rd•. ,North Andover;K
L�
(use additional sheets if 'necessary)
PLAN OF LAND TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied by
five ( 5) copies of the following described plan:
'.file size of the plan shall tic 1. 1 x 1.7, drawn to scale, 1 inch
equals 40 feet ; it shat.l have a north paint , names of streets ,
zoning districts , names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties . The
location of buildings or use of the property where a variance is
requested and distances from adjacent buildings and property Lines
shall be verified in the field and shown on the plan . The
dimensions of the Lot and the percentage of the tot covered by the
principal and accessory buildings and the required parking spaces
shalt be shown . Entrances , exits , driveways , etc. that are
pertinent to the granting of the variance shall be shown . All
proposed data shall be shown in red.
Any topographical feature of the parcel of land relied upon for a
such as ledge , rock peat , or natural condition of water ,
variance, g
brook, or river , shall he shown on the engineering plan . When a
variance is requested to subdivide a parcel of land , the dimen-
sions and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the
neighborhood , noted on the plan as such , and marked "approximate" .
The plan shall be signed and bear the seat of a registered
surveyor or engineer. . .Any plans presented with the petition shalt
remain a part of the records of the Board of Appeals .
If Living quarters are to he remodeled, or areas are to be
converted into living quarters , in addition to the plot plan, five
( 5) copies of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling is to be done
or areas converted into living quarters ;
2. A floor plan showing the stairways , Balls , doors opening into
the halls , and exit doors of each floor or floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work . All
proposed work shall be shown in red. The size of each plan
shalt be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot .
All plans and elevations presented with the petition shall remain
I
a part of the records of the Board of Appeals .
For petitions requesting variation(s ) from the provisions of
Section 7, Paragrpahs 7 . 1., 7. 2, 7. 3, and 7 .4 and Tahle 2 of the
Zoning By Law for conveyance purposes only, a plot plan, certified
by a registered engineer or land surveyor , of the parcel of land
with a structure thereon being conveyed , will be acceptable to the
Board of Appeals provided:
1 . The dwelling (s ) , structure(s ) , or building (s ) were constructed
prior to March 14, 1977 .
2. The petition is not to allow construction or alteration to
the dweLLing (s ) , structure (s ) , or building (s ) which will re-
sult in the need for the issuance of a building permit .
3. The size of the plan shall he no smatter than 8 1/2 x 1.1
inches and must show the existing area of the parcel , the
existing frontage , and the existing setbacks of the
-' dwetling (s ) , structure(s ) , or buiLding (s ) being conveyed .
4. Proper space is provided on the plot plan for the Board ' s
signatures , as well as adequate space for the following
information: date of filing , date of public hearing , and
date of approval .
,1
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WI
OF Sao 9L
M 4T 6 p
SSACHUSE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Maureen A. Dahar * DECISION
*
21 Arthur St.
*
Methuen, MA 01844 ** Petition #6-89
**************************
The Board of Appeals. held a public hearing on Tuesday evening, August 9, 1988
upon the application of Maureen A. Dahar, Lot 2, Great Pond Road as a Party
Aggreived requesting relief from condition imposed by the Board of Appeals
that petitioner tie into sewer system. The hearing was advertised in the
North Andover Citizen on July 21 & July 28, 1988 and all abutters wer notified
by regular mail. The following members were present and voting: Frank Serio,
Jr. , Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and
Louis Rissin.
Upon a motion made by Mr. Sullivan and seconded by Ms. O'Connor, the Board
voted, unanimously, to GRANT this Party Aggreived petition with the condition
that the petitioner, through the NACC and privately, attempt to get an ease-
ment from the State to cross NACC land, or upon the building of any other sewer system
in that area, that the petitioner will tie into the sewer system, within a one year
period, and .adhere to whichever of these .c.oditions happens first.
The Board :finds that the installation of a sewer system 325 feet from the Town water
supply complies with Section 4.135 of the Town of North Andover Watershed Protection
District ByLaw and also finds that the granting of this Party Aggreived petition
will not -derogate from the intent and purpose of the Zoning ByLaws.
BOARD OF APPEALS
Dated this 16th day of August, 1988.
Frank Serio, Jr.
Chairman
/awt
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•►SACHU9�'�'�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Maureen A. Dahar Date . . . . . .August -151. 19.88
21 Arthur Street
Methuen, MA 01844 Petition No.. . . .67.89 . . . . . . . . . . . . . .
Date of Hearing. . August 9, 1988
Petition of . . Maureen A. Dahar
. . . . . . . . . . . . .
Premises affected . .Lot, 2, Great, Pond,Road .
Referring to the above petition for a Party. Aggreiyed
dor Xelef. .frvm. f-PacUtien. imp.gsad.by. Board. of. .APReals. on .Eetit on .��4�-85. .and. . .
43-85
s sKW . . ... . THAT .EETITI.O.NER.TIE. .INTQ. SEWER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . .
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . : the
Party Aggreived �lGIiCrIX�X
PRbbLMX- TO .ALLOW. THE .PETIT.I.ONER.TO• P.UT -IN. A. .SEPTIC. SYSTEM.ON. THE .CONDITION.THAT
THROUGH THE NACC AND PRIVATELY, THEY WILL ATTEMPT TO GET AN EASEMENT FROM THE STATE
;K 4 KX TO CROSS NACC LAND, OR
UPON THE BUILDING OF ANY OTHER SEWER SYSTEM IN THAT AREA, THAT THE PETITIONER WILL
TIE. INTO THE SEWER SYSTEM, WITHIN A'ONE- YEAR PERIOD, 'AND ADHERE TO WHICHEVER OF
THESE CONDITIONS HAPPENS FIRST.
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .Augustine..Nickerson,,.Clerk
William .Sullivan
Anna. O.';Conner
. . . . . . . . . . . . . . . . .
Lou. Rissiu. . . . . . . . . . . . . . . : . . . .
Board of Appeals
i
F NORTH H
p t•`•o.,y tip
p — A
9SSACHUSS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
**************************
Maureen A. Dahar DECISION
21 Arthur St.
Methuen, MA 01844 * Petition #6-89
**************************
The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988
upon the application of Maureen A. Dahar, Lot 2, Great Pond Road as a Party
Aggreived requesting relief from condition imposed by the Board of Appeals
that petitioner tie into sewer system. The hearing was advertised in the
North Andover Citizen on July 21 & July 28, 1988 and all abutters wer notified
by regular mail. The following members were present and voting: Frank Serio,
Jr. , Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and
Louis Rissin.
Upon a motion made by Mr. Sullivan and seconded by Ms. O'Connor, the Board
voted, unanimously, to GRANT this Party Aggreived petition with the condition
that the petitioner, through the NACC and privately, attempt to et ease-
ment from the State to cross NACC land, or upon the building of se pr�sX&te
in that area, that the petitioner will tie into the sewer system aadhere
to whichever of these conditions happens first.
the granting of this Party Aggreived petition will not
derogate from t intent and purposes of the Zoning ByLaws.
Dated thi. 5th day of August, 1988.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
/awt
Ak
OFFICE OF: Town of 12()M;iii, Strc(l
APPEALS
NORTH ANDOVER Nc>r11, Ai Hover,
BUILDING Massachusetts 01845
CONSERVATION ,SS,OH1t DIVISION OF (61 7)6854775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Board of Appeals �I�
FROM: Scott A. Stocking,�W7n Planner
DATE: July 25 , 1988
RE: Maureen A. Daher, 1689 Great Pond Road
Staff has reviewed this application and makes the following
findings :
1 . The applicant has received a common driveway permit from
the Planning Board on 4/22/85 .
2 . Board of Appeals denied a variance to work within 150 ' of
the lake on 3/21/85 .
3 . Planning Board dismissed a permit to build a driveway
within 250 ' 9f the lake on 3/28/85 .
4 . The Board of Appeals granted approval to build within
the watershed of the lake.
Staff has met with Mr. Daher along with Bill Hmuricak of
DPW in an attempt to facilitate connection on an existing sewer line
which runs behind his property near Rea' s Pond which is owned by the
NACC.
The applicant met with the NACC and was told to seek a septic
system permit, which would violate a condition of your decision
issued on 9/23/85 which requires Mr . Daher to tie into the existing
sewer line.
Staff feels the Board acted properly and within their jurisdiction
by requiring Mr. Daher to tie into the sewer system as condition of
working within the watershed of the lake in order to protect the lake.
Without question, faulty septic systems adjacent to the lake are a major
factor in contamination of the Town' s water spar--ee.
Sou2��
. In addition, Staff feels there is no compelling reason for not
extending sewer service to Mr. Daher since:
1. A special permit from the Planning Board for work within
the watershed is not needed to install the sewer.
2 . The Town owns the land involved to run the line from the
mainline to Mr. Daher' s house.
Page 2:
3 . The work does not involve disturbing a wetland.
Staff feels compelled to request that the Board not remove the
condition from the original decision in order to protect the public
health, safety and welfare by eliminating a potential source of
pollution to the lake. In all cases it should be a Town policy that
when sewer is available to property adjacent to the lake that the
Town request or in this case require connection and the elimination or
prevention of further septic systems within the watershed.
i
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TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
PAUL S. NIMAN TELEPHONE 687.7964
DIRECTOR NORTh
011
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* August 4 1988
�SSACHUSEt
Mr. Frank Serio, Jr. Ch.
Board of. Appeals
120 Main Street
North Andover, MA. 01845
re: 1689 Great Pond road
Dear Mr. Serio:
The Division of Public Works has reviewed the application of Maureen A.
Daher for relief of conditions imposed by the Board of Appeals on 9/23/85
regarding land at lot # 2 Great Pond Road.
We feel that your decision to require the applicant to connect to the
existing town sewer was correct and we request that your original decision
be upheld.
Our staff met with Mr. Daher on June 2, 1988 to explain our reasons for
denying him a sewer connection permit. Our concerns at the time were that the
applicant obtain permission to tie into the Great Pond Road pumping station from
its owner, that he obtain permission to cross town property from the appropriate
authority, and that he had obtained all necessary special permits and variances
to construct the sewer. It is our intent that once these items are satisfied
that he be granted permission to connect to the sewer.
This Department is adamently against the installation of any septic systems
in the watershed especially at a location which is readily accessible to an
existing sewer. We have been striving in many locations to reduce in number
as quickly as possible the septic systems which currently exist in the watershed.
For environmental and especially public health reasons, we feel that the addition
of another potential pollution source is highly inappropriate and contrary to our
established policies.
Very truly yours,
Paul S. Niman, Director
Division of Public Works
PSN:lb
INTER-OFFICE CORRESPONDENCE
MEMORANDUM
TO: Zoning Board of Appeals
FROM: North Andover Conservation Commission
Irene Mackun, Administrator K7•
RE: Daher Property, Lot 2 Great Pond Road
DATE: July 22, 1988
Ken Daher approached the NACC on June 22, 1988 to obtain
an easement to cross conservation land for the purpose of making
a sewer connection. Since this parcel of conservation land was
acquired with State Self-Help funds, such an easement would have
to be requested through the State and may require a vote of the
State;Legislature. The slopes in question are steep and wooded,
and a thirty-foot cut would be required to make the connection,
twenty feet of which would need to be kept free of vegetation.
Given these difficulties, the NACC supports the Dahers'
applicat` on;. to the Zoning Board of Appeals for permission to
install a septic system at a distance of more than 325 feet from
the lake and be relieved of the condition to tie into a sewer
line.
sem.-
•HORTH
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,SSACNU'+tS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
`//( Q!��!/t.c-�►'� ��uv- '`�.'"
Date:
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ Woo for the following:
Filing Fee $
Postage $ ' oa
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 12.0 Main
Street , North Andover , Mass . 01845.
Sincerely,
BOARD OF APPEALS
Audrey Taylor, Clerk