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HomeMy WebLinkAboutMiscellaneous - 182 HILLSIDE ROAD 4/30/2018 (3)riv l9v-old 3 � � r V � m r :Legal Notice' :,R, TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE f NORTH July 22;1986 °�++�;•.� o Notice Is hereby given o •' Y �' °� that the Board of Appeals ►. A will give a hearing at the P .�,�.��-, �► Town Building, North An - 4L dover, on Tuesday evening Il,�b,;;r•`- the 12 day of August, v ,��too s� 1986, at 7:30 o'clock, to all CH parties Interested in the ap- peal of Kinder Care Corp. requesting a variation of Sec. 7 & Table 2 and Special Permit Sec. 2, Para 29.1 of the s. • Zoning By Law so as to permit front setback to be 56' rather than the required 100' on the premises, located at Route 114, Turnpike St. J By Order of the Board of Appeals I Frank Serio, Jr., Chairman. t Publish North Andover Citizen, July 24 & July 31, 1986. k24. Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NORTH NOTICE +,,.° ,•1� July 22, 1986 `'• '• oG Notice is hereby given p that the Board of Appeals t will give a hearing at the a i •1.��-+ y Town Building, North An- dover, on Tuesday evening �'y °"�•'°'� f' the 12 day of August, ss CHus� 1986, at 7:30 O'clock, to all parties interested in the ap- peal of Ki der Care Corp. requesting a Special Permit of Sec. 2, ara 29.1 of the Zoning By Law so as to per- mit construction of a day care center for approximately 139 children on the premises, located at Route 114,,. Turnpike St. Lot 3T. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24 & July 31, 1986. k23 \.y • 1 P E J -legal Notice TOWN OF NORTH ANDOVER', BOARD OF APPEALS NOTICE ;^ ! NORTH q July 22,1986 °.+"••; o° Notice is hereby given that. the Board of Appeals will give a gearing at the Town Building, North An- e '► "�F • dover, on Tuesday evening b+,T.°"• 4 the 12 day of August, CHU 1986, at 7:30 o'clock, tall parties interested In the ap peal of Kinder Care Corp. requesting a variation of Sec. 7 & Table 2 of the Zoning By Law so as to permit side yard to be 16' per side rather than the required 20' on the premises, located at Route 114, Turnpike St. Lot 3T. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24 & July 31 1986. k25 r 7 ` /\:roENORT..., 32; ��011►d!gTC p �, t O•� �; ► AvmL7rr '�ssaeii65 4'1 TOWN OF NORTH ANDOVER MASSACHUSETTS ' BOARD OF APPEALS N O'CICE July 2.2 19.86 Notice is hereby given that the Board, of Appeals will give a hearing at the Town Building, North Andover, on T u e s d d ,, ..eveni ng . the 1.2 day of. August 19B6 , at .7 : 3cOclock, to all parties interested in the appeal of Finder Care Corp. requesting a variation of Se,— 7. & . Tab Te 2 .. of the Zoning er iSec. 2, Para 29.1 B� EN 18 Is ?o pegit front _setback to be 5.6: rath.er..tha.n th.e required 100' ........ .......... ....... ........ ...... on the premises, located at .... Route. 1.14 , Turnpike. St . ... By Order of the Board. of Appeals Frank Serio, Jr. Chairman REC'El EE DAME! TO W rl: SEP 16 100 PH X86 Kinder Care Corp. 764 Main St. Waltham, MA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION sr,a,l be file6 P,ny a^al says after the this N;ctice c`.at'3 of i ,n ; of of. the To"vn In the 0►{ice Clerk. Date ...S e p.t e mb e z..16. , . 1.9 8 6.. Petition No.. .14.- 8.7., . 1.5 - 8.7. , ..16 - 8 7 Date of Hearing ... A u.g u s.t 12. , . 1.9 8 6 Petition of ........ Kinder. .Car.e. Corp ................................................ Premises affected .......... Lot. •3T.,, • T-urnpike • s•treet................... Referring to the above petition for a variation from the requirements of the . S e•e t Lo n • •7 • a•n d Table••2;•and Speci•al•Permit Section 2, Paragraph 29.1 of the Zoning ByLaws so as to permit .r.eli.ef..from. s-ide.. se.tba•ck..and . f.r.on.t . setb.ack..requi.rement.s and constr•uction..of• -a. -day • care. .cen.te.r• • for. app•r.ox.ima.tel•y • 1.39.. chi.ldr.en....... After a public hearing given on the above date, the Board of Appeals voted to ... RENY. ... the variances and Special Permit s�l��tli�tldWt��1X X6 X ................................. The Board finds that the.provisions of Section 10.31 of the Zoning Bylaws hav"Mt(U... npt..be.en, .sat.is.f.ied, • p•e •tio,ula.r�y. _that• the, ,site, .is. npt, ,fin. appropriate location for as �day Care, center. The Board determined that the siz o '��o�o � o all a e ua � harK ig a i hat the drop-off and pickup of approximately 139 chil-Iren by private vehicle at peak traffic hours would adversely affect the neighborhood and would create_a serious hazard to vehicles in the area. Further, the Board found that the petitioner failed to satisfy the provisions of Section 10.4 of the Zoning ByLaw for the requested variances, particularly, a lack of substantial hardship in light of the Boards failure to grant the requested SpeciRkng&rmit for ap da care center. ��gg,vx .cz )., . • • • • • • • • •Frank r •Seio•,• •J• -Cha-irman • • • • • • • •Alfred• •F•r•izelle.'; • Vice. -chairman •.....• Wi•1.1ia,m•S,u11•iva•n......... ........ .Ray.momd , V•ive•nzi•o ........ ....Anna. O'. Connor ............ Board of Appeals Vo NORTIy O A s r s J i ,SSACMUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr..Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: F i-kt04ii 01 i �G 'n iCIerk. September 16, 1986 Petitions #14/15/1.6-87 Kinder Care Corp. Lot 3T, Turnpike St. The Board of Appeals held a public hearing on August 12, 1986 on the application of Kinder Care Corp.; #14-87, #15-87, #16-87, requesting a variance of Section 7, Table 2 to permit a 16' side. setbacks, a variance of Section 7, Table 2, to permit a 56' front setback; and a Special Permit pursuant to Section 2, Paragraph 29-1 of the Zoning ByLaw to permit the construction of a day care center for approximately 139 children on the premises located at ,Lot 3T Turnpike Street. The hearing was advertised in the North Andover Citizen on July 24 and July 31, 1986 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Raymond Vivenzio and Anna O'Connor. Upon a motion made by Alfred Frizelle and seconded by William Sullivan the Board voted unanimously to DENY the variances as requested and the Special Permit as requested. The Board finds that the provisions -of Section 10.31 of the Zoning Bylaws have not been satisfied, particularly that the site is not an appropriate location for a day care center. The Board -determined that the size of the lot does not allow adequate parking and that the drop-off and pick-up of approximately 139 children by private vehicle at peak traffic hours would adversely affect the neighborhood and would create a serious hazard to vehicle; in the area. Further, the Board found that the petitioner failed to satisfy the provisions of Section 10.4 of the Zoning ByLaw for the requested variances particularly, a lack of substantial hardship in light of the Board's failure to grant the requested Special Permit for a day care center. Sincerely, BOARD OF APPEALS Frank S rio,'f . , Chairman /awt p \7a AOAA TED WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMEN ■ CENTRAL FIRE HEADOUARTERS 124 Main Street North Andover, Mass. 01845 To: Frank Serio, Chairman No Andover Board of Appeals From: Fire Chief Dolan Re: Kinder Care Route 114 Date: September 8, 1986 Tel. (617) 686-3812 I have reviewed the plan submitted by Moeser & Associates dated August 12,.1986. The Fire Department requires 360° access for fire vehicles to new buildings and would especially expect to have it on this building. The fire lane by-law which was passed by town meeting in 1985 would also have an affect on these plans. The parking as shown would not allow space for incoming emergency vehicles, fire or ambulance. The fire lane would be in the same location where the parking spaces are now shown. I am opposed to the variance since it could adversely affect the emergency response vehicles access to the building. Also, maneuverability of emergency vehicles could be adversely affected with the limited pavement area shown. I plan to attend your Tuesday night meeting on September 9 and answer any questions you have regarding my concerns for this building. `.�'� "_" �h U1_1 William V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES" V1-Ceived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS. BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE P.ppl i cant Kinder Care Corp. Address 764 Main Street, Waltham .. Application is hereby made: a) For a varia ce from the requirements of Sectio:. 7 Paragraph V end Table of the Zoning By Laws. b) For a Special Permit under Section 2 Paragraph29.1 of the Zoning Y .. By Laws. c) As a Party Aggrieved, for review of a decision made by the "` Building Inspector or other authority. Y.•' v, 2. a) Premises affected are land X and building(s) numbered Lot 3T Turnpike Street Street. 4 b) Premises affected are property with frontage On the North (X) South ( ) East (x) West ( ) side Of Route 114, Turnpike Street Street, and known as No.. Street. 'Premises c` affected are in Zoning District R3 and the premises affected have an area of 2r,000 square feet and frontage of 187 feet. 3. 0;..nership a) Name and address of owner (if joint ownership, give all names): Kmiec Realty Trust PO Box 948 Back Bay, Mass. .�+4 Date of Purchase previous Owner .. -a is Is :.a ova- zr, check hxsj}'►2r in':erest in the premises:' Prospective Purchaser Lesee Other (explain) <3. Size of proposed building: 100'6" front; 5816" feet deep; r Height On, stories; feet. 4 `- a) Approximate date of erection: �. b) Occupancy or use of each floor: Day Care Facility 'S c) Type of construction: concrete block S. Siwe of existing building: N/A feet front; feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: �i. Har, there been a previous appeal, under zoning, on these premises? T10 If so, when?j !' 4 i. 1 A ?.1ifT 7. Description of relief sought on this petition: to allow the front setback to be 56 Ft. rather than the required 100 feet along Route 114. 8. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) The' lot contains 25,000 sq. ft. If the 100 foot setback provision is literally enforced and combined with the 30 foot rear setback requirement, the buildable area of the lot is reduced to an insignificant sliver of land. The utility of the lot is virtu -ally ext nguished. The lot is trapizoidal in shape and contains a 20 foot utility easement which runs aro-ng the rear border. Based on theforegoing, it would constitute a su stan isl hardship to — deny a variance under these circumstances. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Kinder Care Corp. by their attorney Signature Of Petitl errs David J.19ain, Jr Esquire ^ 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 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 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 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. e Every application shall be submitted with a plan of land approved by the BoArd. No petition will be brought before the Board unless said pian has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon regcest. Name Attached LIST OF PARTIES IN INTEREST Address (use additional sheets if necessary) Edward and Jacqueline Hamel 591 Turnpike Street / Walter and Linda Curran 599 Turnpike Street ,.-'Armand and Claire DeNuccio 607 Turnpke Street / Eva Val.liere 623 Turnpike Street Walter and Mary J. Kohl 625 Turnpike Street Doris V. Parker 30 Railroad St., Apt. 3, Andover, Mass. tea Aleei 6.4 Tu-rn-pi-ke-Street--- —Ma-RA-Lora--se-J=a-lbert 651.-T-ur-npi_ke_Street_ _ L-e-o•pRn pie-he-mime-r-1eau 2 -40 -Hi -1-1 side -Road -- Wi ? iam-R. 2_34_11i llside-Road Fa ank-and-Li 1 1 .a.n-B S.e_r...io 250_Hi-l-lside Road -&raries-l.--Ann-a-lo-ro,-Jr—&-Leonard-J� Annaloro--l5-Holbrook-Rd.-No. Andover Sebas_ti-ano-an-d_Ann_D_' Emanuele 2_Gle-nw-oo.d-Dx..-1-iwrence innis ust Jos.e.p.h_and Constance Quartarone 7—Woodland—St.,—Lawrence V/ JonSon Realty Trust John J. Boutin, Tr. 65 Flagship Dr., No. Andover Nunzio-Sa-pu-pp 8 Ja-e-lcao-n TerLr-a-e-e-y-47awx-ence t,/ Richard Harrington, et al 104 Milk St., No. Andover Joseph W. and JoAnne Casey 84 Innis Street �/ Roy Robert and Elaine Houde 76 Innis Street f/ Peter and Louise Aziz 74 Innis Street ✓ Kmiec Realty Trust 1001 Turnpike Street i Edward and Jacqueline Hamel 591 Turnpike Street / Walter and Linda Curran 599 Turnpike Street ,.-'Armand and Claire DeNuccio 607 Turnpke Street / Eva Val.liere 623 Turnpike Street Walter and Mary J. Kohl 625 Turnpike Street Doris V. Parker 30 Railroad St., Apt. 3, Andover, Mass. tea Aleei 6.4 Tu-rn-pi-ke-Street--- —Ma-RA-Lora--se-J=a-lbert 651.-T-ur-npi_ke_Street_ _ L-e-o•pRn pie-he-mime-r-1eau 2 -40 -Hi -1-1 side -Road -- Wi ? iam-R. 2_34_11i llside-Road Fa ank-and-Li 1 1 .a.n-B S.e_r...io 250_Hi-l-lside Road -&raries-l.--Ann-a-lo-ro,-Jr—&-Leonard-J� Annaloro--l5-Holbrook-Rd.-No. Andover Sebas_ti-ano-an-d_Ann_D_' Emanuele 2_Gle-nw-oo.d-Dx..-1-iwrence innis ust Jos.e.p.h_and Constance Quartarone 7—Woodland—St.,—Lawrence V/ JonSon Realty Trust John J. Boutin, Tr. 65 Flagship Dr., No. Andover Nunzio-Sa-pu-pp 8 Ja-e-lcao-n TerLr-a-e-e-y-47awx-ence t,/ Richard Harrington, et al 104 Milk St., No. Andover Joseph W. and JoAnne Casey 84 Innis Street �/ Roy Robert and Elaine Houde 76 Innis Street f/ Peter and Louise Aziz 74 Innis Street ✓ Kmiec Realty Trust 1001 Turnpike Street S 9 UD W Q U� 0 O U Q^ MmMID rr Li Q �c W� 0 cc O m a0� a]