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HomeMy WebLinkAboutMiscellaneous - 182 HILLSIDE ROAD 4/30/2018 (6)5 S SSL 00 R RecNeived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE ApplicantKinder Care Corp. Address 764 Main Street, Waltham 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section 2 Paragraph29.1 of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land x and building(s) numbered Lot 3T Turnpike Street Street. 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. c) Premises affected are in Zoning District R3 , and the premises affected have an area of 25,000 square feet and frontage of 187 feet. 3. Ownership 44 r 5. a) b) w 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 If applicant is riot owner, check his/her interest: in the p :-emisees Prospective Purchaser Lesee Other (explain) Size of proposed building: 100'6" front; 58'6" feet deep; 4" Height one stories; feet. v a) Approximate date of erection: b) Occupancy or use of each floor: Day Care Facility t: e) Type of construction: concrete block Size of existing building: N/A feet front; feet deep; Height stories; feet. a) Approximate date of erection: M b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? no If so, when? M! Ackeived by ^own Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 4.pplicantKinder. Care Corp. Address 764 Main Street, Waltham 1. Application is hereby mades a) For a variance from the requirements of Section 7 Paragraph and Table II of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning N$ By Laws, c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land X and building(s) numbered Lot 3T Turnpike Street Street. 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. c) Premises affected are in Zoning DistrictR 3 and the premises affected have an area of 25,000 square feet and frontage of 187 feet . 3. Ownership a) Name and address of owner (if joint ownership, give all names): Kmiec Realty Trust PO Box 948 Back Bay, Mass. Date of Purchase previous Owner b) If applicant is not owner, check ;tis/her lute -rest in the premi3e8z Prospective Purchaser Lesee Other (explain) •C4 Size of proposed building: 100'6" front; 58'6" feet deep; P Height ane stories; feet. a) Approximate date of erection: : Z: k.A Pa 3"cY C-- 1: .._. :2�.: Z103r- Da re F •y Ca aci.lity C) Type of construction: concrete block. 3. Size 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; 3. Has there been a previous appeal, under zoning, on these premises? ' no If so, when? ".,' , d 7. Description of relief sought on this petition : to allow the side yard to be 16 feet per side rather than the required 20 feet. 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 in question is trapizoidal in shape. This condition does not prevail in the zone and because of this condition the proposed building cannot be constructed with the required 20 foot side yards. The building in question has been used by the petitioner in several other locations and has been found to fulfill the requirement of safety and utility. It would constitute a severe hardship to the petitioners to deny the variance of 4 teet per side since the building and the lot exceed all other requirements. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Kinder Care Corp, by their attorney lr _ I Signature ofPetitioners David -J. n, Jr., Esquire Everyapplication 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 streetor 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. Every application shall be submitted with a plan of land approved by t`�e 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. See a':.ta,--hed LIST OF PARTIES IN INTEREST Name Address (use additional sheets if necessary) Edward and Jacqueline Hamel Walter and Linda Curran Armand and Claire DeNuccio Eva Valliere Walter and Mary J. Kohl Doris V. Parker Vincent and Concetta Aleci Maurice 0, and Louise Jalbert Leopold and Blanche Pomerleau William P. and Jeanne G. Callahan, Jr. Frank and Lillian B. Serio Charles A. Annaloro, Jr. & Leonard J. Annaloro Sebastiano and Ann D'Emanuele Innis Street Trust Joseph and Constance Quartarone JonSon Realty Trust John J. Boutin, Tr. Nunzio Sapuppo Richard Harrington, et al Joseph W. and JoAnne Casey Roy Robert and Elaine Houde Peter and Louise Aziz Kmiec Realty Trust 591 Turnpike Street 599 Turnpike Street 607 Turnpke Street 623 Turnpike Street 625 Turnpike Street 30 Railroad St., Apt. 3, Andover, Mass. 643 Turnpike Street 651 Turnpike Street 240 Hillside Road 234 Hillside Road 250 Hillside Road 15 Holbrook Rd. No. Andover 2 Glenwood Dr. Lawrence 7 Woodland St., Lawrence 65 Flagship Dr., No. Andover 8 Jackson Terrace, Lawrence 104 Milk St., No. Andover 84 Innis Street 76 Innis Street 74 Innis Street 1001 Turnpike Street i i —J, L. Q � Uo 0 OUDI U LLJ Dov m rr 4 U)' 0 Wcc� Q m O° co �`' i —J, F • i�:� '`` '•, Legal Notice' TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE f' f NORTH July 22, 1986 Notice is hereby given that the Board of Appeals ►. a will give a hearing at the ��- * Town Building, North An- dover, on Tuesday evening Too the the 12 day of August, Sa�rood 1986, at 7:30 o'clock, to all 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 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. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24 & July 31, 1986. k24 Legal Notice TOWN,.OF;MORTM ANDOVER BOARD'OF APPEALS . NoRTq NOT CE's -July 22, 1986 •'`-++`+. ° Notice: is hereby.:.given w 4hIt`t, Board of Appeals a avlh give ,a: heering at, thea Building, North An- '► o,,.,; ;;;�. �` ;',Mover,, on Tuesday evening' rt," 12. `day of August', Ss�cHus� ;. x 1966, at 7:30 o'clock; to all .f,,;,ipirties Interested in the ap- peal of Kinder.Care Corp.,jequesting a Special Permit' of Sec. 2,Para 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, 1 14,, Turnpike St. Lot 3T:. ir�iaY By Order of the, Board,of ;Appeals Frank Serio, Jr., -Chairman,; -:71 Publish. North Andover�,Citlzen, July 24 & July 31, 1986: k23 . { TEL. 617.683.5896 E David J. Bain, Jr. ATTORNEY AT LAW i .,J 36 LAWRENCE ST. LAWRENCE, MA 01842 , t � � J i�:� '`` '•, Legal Notice' TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE f' f NORTH July 22, 1986 Notice is hereby given that the Board of Appeals ►. a will give a hearing at the ��- * Town Building, North An- dover, on Tuesday evening Too the the 12 day of August, Sa�rood 1986, at 7:30 o'clock, to all 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 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. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24 & July 31, 1986. k24 Legal Notice TOWN,.OF;MORTM ANDOVER BOARD'OF APPEALS . NoRTq NOT CE's -July 22, 1986 •'`-++`+. ° Notice: is hereby.:.given w 4hIt`t, Board of Appeals a avlh give ,a: heering at, thea Building, North An- '► o,,.,; ;;;�. �` ;',Mover,, on Tuesday evening' rt," 12. `day of August', Ss�cHus� ;. x 1966, at 7:30 o'clock; to all .f,,;,ipirties Interested in the ap- peal of Kinder.Care Corp.,jequesting a Special Permit' of Sec. 2,Para 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, 1 14,, Turnpike St. Lot 3T:. ir�iaY By Order of the, Board,of ;Appeals Frank Serio, Jr., -Chairman,; -:71 Publish. North Andover�,Citlzen, July 24 & July 31, 1986: k23 . { TEL. 617.683.5896 E David J. Bain, Jr. ATTORNEY AT LAW i .,J 36 LAWRENCE ST. LAWRENCE, MA 01842 , t � � J -Legal Notice TOWN OF NORTH ANDOVER, BOARD OF APPEALS NOTICE July 22. 1986 �oO Notice is hereby given that.. the Board of Appeals will give a bearing at the • . , Town Building, North An- :• +► o ,� p r dover, on Tuesday evening ba�no ►�` 4 the .12 day of August, S CHUS 1986, at 7:30 o'clock, to;all 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 Legal Notice TUMV 4ORTH ANDOVER BOrinfi OF APPEALS NOTICE E N°RTM A July 22, 1986 _ �,�``� :;•ti +oO Notice is hereby given that the Board of Appeals will give a bearing at the Town Building, North An - clover, on Tuesday evening the 12 day of August, �SSACHUs� 1986, at 7:30 o'clock, to all 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. k2 e F APRIL7I :b y. isss CFH9 63 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS " NOTICE 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 . Tuesday. e v,e n.i. n 9 .. .... the ..1. day of August . 1sB6 , at .7 ; 30clock, to all parties interested in the appeal of . K.i. n d.e. r ..Care.. C o. r. p ............... ................. . requesting a variation of Sec. 7.. & ..T a b ,l. e . 2 ... of the Zoning By Law so as to permit. -S i d . y.ar. d..to..be..16'. pe.r.. s.i de rather than the required 20' ...................................................... ...................................................... ............ ..................... I................... on the premises, located at ... Route 1 1 4, T u r n p i k e S t. L o t 3 T By Order of the Board of Appeals Fr4sl.Ak Seri J,r.%, - C -rman Publish in N.A Citizen July 24/& July 1, 6 Kinder.Care Corp. 764 -Main Street Waltham, MA 02154 �01 Hod M ,ti (� 10 s s 1 • ,SSACMUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS b Da t e: _,Lu_ 3 86 -- Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 6.16 for the following: Filing Fee $_ Paid Postage $__Sz.1.6 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Au rey W. Taylor, Clerk LI!`h!j' i1 S` P Mr..Daniel Long, 120 Main Street North Andover, MA Dear I4r. Long: Of MORTtM ,�% o �49 4 SSACHUS� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Town Clerk 01845 Tovlr O'ldhn Clerk. 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., Ch.airman, 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, j' . , iairman /awt RECElYF DAME!TOWk SEP 16 100 PH 'B6 Kinder Care Corp. 764 Main St. Waltham, MA J" i of NORY/��� H: AILi11 .� • ' � 1855 � ' '► rsAc tl13 , r' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Lit N s i 0L L�rrk. Date ...S e p.t e mb e r..16. ,.. 1.9 8 6.. Petition No...1.4.- 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•ur• npika . S-treet................... Referring to the above petition for a variation from the requirements of the . S e•a t io n • •7 • an d Table 2;.and Speci•al•Permit Section 2, Paragraph 29.1 of the Zoning By Laws so as to permit r.eli.ef:.from. side. . se.tba•ck. -anal . f•r.on'.t . setb.ack..re.qui.rem.ent.s and constnuct.ion..o•f• •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 ... R. N Y.... the variances and Special Permit WAYW"€ ag4H(y3mak �iti��u fcy4X .............. I.................. The Board finds that the.provisions of Section 10.31 of the Zoning Bylaws hav"rtffiVW .. ;pot..be.en• .satisfied, . p.ar.tic.ula.rly..th•at, the..s i.te. ,is. npt. ,an, , - appropriate location for a day Care,center. The Board determined that the s i zo"g�or o a 1� u alai gra Yl' h at the drop - o f f a n d pickup of approximately 139 chilaren 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 Board failure to grant the requeste-d Speci8�ng&rmit for a day care center. E • • • • . • • •Fra•nk. -Serio, •J. •t ; Ghai rman Alfred• •F•r.izelle•'; • V•ice•-chairman W i l•1• i a•m • S•u l l•i v a•n ...... • • • ••••• ••Ray-mon•d•V•ive•nzi•o••••.••• ....Anna. O'. Connor ............ Board of Appeals TO: North Andover Zoning Board of Appeals FROM: Kinder -Care Corporation SUBJECT: Request to table case for thirty days September 9,1986 I received a copy of a letter from Fire Chief Dolan which raises questions that my client would like to address. The letter is dated September 8, 1986. I have spoken with our archiect who is of the opinion that the concerns raised in the Chief's letter may be resolved favorably. My principal, Mr.Nadaff is at the home office of the corporation in Texas and is not expected back for several days. My client will waive any appallant rights based upon time limits as set out in c40A M.G.L. It is hoped that the extra time will answer all questions concerning this project. Very` Truly Yours, David J. Bain Jr. Attorney for Kinder -Care NORTIy TOWN OF NORTH ANDOVER OEtt�ao 161q.Q p Office of CHIEF OF POLICE yvq'"A,,0 "y�* NORTH ANDOVER, MASSACHUSETTS EDWARD T. SULLIVAN, JR., CHIEF September 5, 1986 Board of Appeals Town Office Building North Andover, MA Re: Kinder Care Corp. Proposal Dear Sirs: 'N i PHONE: 683-3168 In regard to traffic problem as a result of the Kinder Care Corp. building to be constructed at Lot 3T, Turnpike Street, I feel as everyone else that the traffic flow on Rte. 114 is at present more than the road can handle safely; but, as more building is inevitable, this building with only 16 park- ing spaces should have as little impact as any on the street. I assume there will only be traffic going in and out at specific periods in the morning and afternoon, and the way the driveways are laid out looks reasonable to me. I foresee no great problem with traffic as a result of this building. Yours truly, *r" '-f - ajg-�_ Edward T. Sullivan, Chief ETS:gb MUM HUI TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA. 01845 685-4775 August 12, 1986 Zoning Board of Appeals Mr. Frank Serio, Jr., Chairman 120 Main Street North Andover, MA 01845 Re: Front Setback Variance Request Kinder Care Corporation Dear Mr. Serio and Board Members: Although I am not opposed to the concept of Kinder Care, I am opposed to the variance requests presently before your Board. The Planning Board is actively involved and supporting the State DPW's strong request to maintain the 100 foot setback along Route 114 for widening purposes, and at minimum provide acceleration/deceleration lanes. It is very obvious that this section of the highway is a 'bottleneck' of converging lanes which indicates the necessity for road widening. Lastly, I would like to comment that Kmiec Realty Trust is owner of Lot 2 shown on said plan, in addition to the Kinder - Care lot. It is apparent that Kinder Care may be creating their own hardship by opting to purchase an excessively small lot for the size of the proposed building. Sincerely, Karen Nelson, Town Planner KN: ns NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINes ELECTRICAL INSPECTOR GAS INSPECTOR Board o� AppeaU Town 04�ice Bui tding No. th AndoveAP Ma. Genttemen: August 11, 1986 Re: Petition o� Kinder Cane Co, p. In my opinion, none o�j thue petitions can be heard because they were ,impnopekty adventi�sed. The s peciat penmd t 4on a day cane center .i.n an R-3 di sti i,ct comes under Section 4.121 (14) . The /section mentioned in the Zega2 notice te�etvc.ed to the de6in tion o4 a day cane ceviten nathen than the zoning di6tAi.ct6 in which a day cane center is a Uowed. Very ;ftuP-y youx6, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a� TEL. 888-8102 lat/' k - 'C�' - W A DISTRICT #5 OFFICE s+ 485 MAPLE STREET, DANVERS 01937 Projects -No. Andover August 5, 1986 Mr. Frank Serio, Jr., Chairman Board of Appeals Town.Hall No. Andover, .Ma. 01'845, Dear Mr. .Serio: In .reference to the scheduled hearing on'August 12th for Kinder Care Corp. requesting.waiver of required set back on Route 114, the Department would like to voice concern on: 1. Theimpact the new facility will have on present and future traffic on Route 114. 2. It is anticipated that the roadway will require widening in the 'future, necessitating property taking, .at this location, as well as the house .at the S.E. corner. Reference the Merrimack.Valley Planning Commission Route 114 Corridor Study. It is hoped that you will consider the .above in your deliberation. Very tru ,you Sherman-Eidelman District Highway Engineer JD'A/mfc