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Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
NOTICE
Ju 22,1986
:°�+`*�• �tio° Notice is hereby given
that the Board of Appeals
A will give a hearing at the
Town Building, North An -
,r, dover, on Tuesday evening
�{,,�b• *�,;r«hA the 12 day of August,
Sa�CHuse` 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 NORTH ANDOVER T
BOARD OF APPEALS.•.
NoerM NOTICEIP
q s-Juty 22,1986
°•''`u:`•: o Noticelis. hereby,,given
,ury..
rjhat'thi Board of Appeals
;will give Chearing.at the,
�. . � ;,Town Building, North An%'
• ^•� +`� • ;.,dover, on Tuesday evening'
��bMn• "'`^�', ;+ the 12_ 'day of August,
Ss�cHus 4r
11986, at 7:30 o'clock; to all
parties interested in the ap
peal of Kinder Care Corp.,,- requesting 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, 114,,-
Turnpike SL Lot 3T.. .
By Order of the Board of Appeals J ..,
Frank Serio, Jr., Chairman.:.
Publish North Andover,Citizen, July 24 & July 31,
1986. k23 .
Legal Notice
TOWN OF NORTH ANDOVER .
BOARD OF APPEALS I
NOTICE
t 14ORT►r July 22, 1986
? ., 0 o o° Notice is hereby giver
•f "" ` that. the Board of Appeat
will give a gearing at tti
+ .s Town Building, North Ai
At
• ^,,F +dover, on Tuesday evenif
+,,.• ►• 4 the 12 day . of Augur
�as�CHU 1986, at 7:30 o'clock, to,
parties interested In the;
peal of Kinder Care Corp. requesting a variation of Si
7 & Table 2 of the Zoning By law so as to permit s
yard to be 16' per side rather than the required 20'
the premises, located at Route 114, Turnpike St.,'
3T.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman.
Publish North Andover Citizen, July 24 & July,
1986. 1
•
Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
NOTICE
Ju 22,1986
:°�+`*�• �tio° Notice is hereby given
that the Board of Appeals
A will give a hearing at the
Town Building, North An -
,r, dover, on Tuesday evening
�{,,�b• *�,;r«hA the 12 day of August,
Sa�CHuse` 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 NORTH ANDOVER T
BOARD OF APPEALS.•.
NoerM NOTICEIP
q s-Juty 22,1986
°•''`u:`•: o Noticelis. hereby,,given
,ury..
rjhat'thi Board of Appeals
;will give Chearing.at the,
�. . � ;,Town Building, North An%'
• ^•� +`� • ;.,dover, on Tuesday evening'
��bMn• "'`^�', ;+ the 12_ 'day of August,
Ss�cHus 4r
11986, at 7:30 o'clock; to all
parties interested in the ap
peal of Kinder Care Corp.,,- requesting 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, 114,,-
Turnpike SL Lot 3T.. .
By Order of the Board of Appeals J ..,
Frank Serio, Jr., Chairman.:.
Publish North Andover,Citizen, July 24 & July 31,
1986. k23 .
Legal Notice
TOWN OF NORTH ANDOVER .
BOARD OF APPEALS I
NOTICE
t 14ORT►r July 22, 1986
? ., 0 o o° Notice is hereby giver
•f "" ` that. the Board of Appeat
will give a gearing at tti
+ .s Town Building, North Ai
At
• ^,,F +dover, on Tuesday evenif
+,,.• ►• 4 the 12 day . of Augur
�as�CHU 1986, at 7:30 o'clock, to,
parties interested In the;
peal of Kinder Care Corp. requesting a variation of Si
7 & Table 2 of the Zoning By law so as to permit s
yard to be 16' per side rather than the required 20'
the premises, located at Route 114, Turnpike St.,'
3T.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman.
Publish North Andover Citizen, July 24 & July,
1986. 1
1 �
++� NORTH
O
e F. A�a7r+ :b P.
�, saciiu9�'"•
TOWN OF NORTH ANDOVeR
MASSACHUSETTS
BOARD OF APPEALS
. July ..22.....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 a y
. e v e n i n g ... the 1.2 .. day of ... A.0 g u s. t .... .
198 6 , at .7 ; Vclock, to all parties interested in the appeal of
Ki rrde-r Care Cor
requesting a Xp*i, p hof Sec.. 2 , Para 29.1 of the Zoning
By Law so a�fo%IA' Permit
Const.ruc.tion .o.f..a .day. ca. re .cen.ter..for......
approximately 139 children
.................... .... I.......................
............... ..........................
......................................................
on the premises, located at. R.O. u t e.. 1.1.4 .. T u .r. n p i .k e ..S t ... Lot 3T
......................................................
By Order of the Board of Appeals
'Fr _..k Selioz, - Jr•. , h a i r/mlan
Publish in N.A Citizen
on July -/24 & July 31, 1986
SLP e0��
Mr..Daniel Long,
120 Main Street
North Andover, MA
Dear Mr. Long:
Of NORTH ,4,
R
O p
i •
�ss�cNus�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Town Clerk
01845
A,ny 'ar;�tc l siinll be filed
Y ;ice
e
4n rhe 0j. of. the To
wn
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, 19'86 on the
application of Kinder Care Corp.; #14-87, #315-87, #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 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's failure
to grant the requested Special Permit for a day care center.
Sincerely,
BOARD OF APPEALS
Frank S,grrio, 4Y, Cizairman
/awt
RECEI'dr7
NORTE!
SEP 16 1 00 PH '86
Kinder Care Corp.
764 Main St.
Waltham, MA
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
���a11 be fi�e�
n
ap�"a'
P, -• ce
,� �, this .� awn
da`the pfflce Of. the .
�n
clerk.
Date ...S e p.t e mb e r..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 ........ Kind.er..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 io 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. side . se.tback. -and . fr.on-t . setb-ack..re.qui.rement.s and
cons tr.uct.ion..of. •a. -day • care. .cen.te•r• . for • •app•r•ox•i.ma•te1•y . 1.39.. chi.ldr.en.......
After a public hearing given on the above date, the Board of Appeals voted to ... REE N Y.... the
variances .and Special Permit MWXAA1df&1S4maBaffi#4xWt6F'U4M6X:*
The Board finds that the.provisions of.Section 10.31 of the Zoning Bylaws
hav"tCU...
npt, .be,en, .sat.isf.ie.d, . pax.tic.u� a.rly..th.at. the• •si•te..is npt, �n
approp�X��rrsiate location for for a day dare,center. The Board determined that the
la
size o'f�f "o�oe'aar HO al- N ua
a e Me61garki i"g�af NVhat the drop-off and
pickup of approximately 139 chilAren by private vehicle at peak traffic hours
would adversely affect the neig4borhood 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 requested SpecijLneP&rmit for a day care center.
• . ...... • •Fra•nk• S,6 rd o.,. -J � ; •Cha•irman
• • • • • • • • • •Alfred• F•r•izeile•-i • V•ice•-chairman
•••••.••Wi1.1•ia•m•Su11•iva•n......•••
Raymo.n•d • V•ive•nzi•o • • • • • • • •
....Anna. 0 ! Conno.r ............
Board of Appeals
f �,''
10,
,,ORTM
Of <�•�" �0.1�0
FO. A
,SSACHUSt1
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
September 16, 1986
Petitions #14/15/16-87
Kinder Care. Corp.
Lot .3T, Turnpike St.
Mr Daniel Long, Town Clerk
120 Main Street .
North Andover, MA 01845
Dear Mr. Long:
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 Secti-on 2, Paragraph 29-1 b//f the Zoning ByLaw to
permit the. construction o a day care center for approximately.139
children on the premises 10 -a at Lot 3//T//Turnpike Street:" The follow-
ing members were present and voting; Fra'A Seri.o, Jr., Chairman, Alfred
Frizelle, Vice-chairman, William Sullivvan, Raymond Vivenzio and Anna'
O;Connor. The:.hearing was adver\tised in the North Andover Citizen on
July 24 and July 31, 1986 and all�ab tters were.notified by regular mail.
Upon a motion made by Alfred Friz lle'_and seconded by William Sullivan
the Board voted unanimously to NY the variances as requested and the
Special permit as requested.
The Board finds that the pro isions of Section 10.31 of the Zoning
Bylaws ha e not been satisfied_, particularly that the
site is not an appropriat 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 ck-up of approximately 139 children by private
vehicle at peak traff'c hours would adversely affect the neighborhood
and would create a s rious hazard to vehicles in the area. Further, the
Board found that th petitioner failed to satisfy the provisions of
Section 10.4 of t Zoning ByLaw for the requested variances, particularly,
a lack. of substa tial hardship in light of the Board's failure to grant
the requested S7decial Permit for a day care center.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr., Chairman
/awt
f HORTM ,
w
F 9
# M
,SSACNUSst
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
September 11, 1986
Petition #14/15/16-87
Kinder Care Corp.
Lot 3T Turnpike St.
Mr. Daniel Long, Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
The Board of ppeals held a public hearing /on August.12,.1986 on
the applicatio of Kinder Care Corp requesting variances and
Special Permit o Section 7 and Table 2, Section 2, Paragraph 29.1
of the zoning ByL ��ws so as to permit relief from side setback and
front setback requi`r�ements and construction of a day care center
for approximately 139\childre . EThe following members were present
and voting; Frank Se-i0
Jr., ha`rman, Alfred Frizelle, Vice-
chairman, William Sullivan; Raynd Vivenzio and Anna O'Connor.
Ting was advertised the Nort doveCiti zen_o�a-�-m
24
rand July 31, 1986 and all butters were notified �Iiam
regular l
—_----
Motion made by` Aif-red—F-r ,t-elle-.-ate-d-seconded by % Sullivan
�4DENY these variances and special permit as requested. The Board
feels that the site is,�not appropriate for a day care center and
the lot is to small fbr that purpose The center would adversely
affect the surrounding area because of t4he heavier traffic created
and would be a nuisance to the neighborhood.
Sincerely,
BOARD OF APPEALS
Frank. Serio, Jr., Chairman
/awt
O
• � of.NORT/1'�
AmIM :no
f,•. 18�5�j'�
j s.Sq- • gQ.�`.f
VV V
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Kinder Care Corp. Date....... Septe.mbez..1.1,..1986
764 Main Street
Waltham, MA Petition No...... 14/IS/16-.8.7..
Date of Hearing ... August 12 , 19 86
Petition of .... K i n.d e r.. C ar e ..0
p ..............................
......................
Prem18@S affected ....... Lo.t.3.T.Tu np]ke.Stre.et........ !.........:.................
Referring to the above petition
ariation from the requirements of the . S e 0; ion . 7. , a n d
Tab -l -e. 2.., ...and -Special. Per.mi.t. S. ction..2, Pa.rag.rap,h . 2.9. , l..of..tti.e.. Zoning
ByLaws
so as to permit. re.lie.f ..from . s. de..Setb .ck, .arid, , -front . setback requirements
and. .cons truc.tion .o.f . a..day . c.are..c
After a public hearing given on the above
variances and special permit
ow
for, .apprpx.imate l.y . 1.39..chi.ldren
Board of Appeals voted to . P E NX ....: the
JMRWjMrxtQxbKWx&x
Aw .The,Boar:d.feels that Ihe site is not appropriate for a day
care center and the lot is o small. Th's center would adversely affect
fin #ex, nstxcjimc nk xsbmvwwW- x Bo`I1Y"��ii �
the neighborhood because f the creation o heavier traffic and would be
a nuisance to the neighbgrrhood.
/ Signed \
Frank Serio, Jr., Chairman
Alfred Frizelle, Vice-chairman
William Sullivan
.......................................
Raymond Vivenzio
................... .I....................
Anna O'Connor
..................................
Board. of Appeals
• Reei�,ived 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.
�...:
t.
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
a)
Name and address of owner (if joint ownership, give all names):
Kmiec Realty Trust PO Box 948 Back Bay, Mass.
Date of Purchase Owner.
_previous
b)
w
If applicant is not owner, check hi:/her interest in the p_emisess
... ,.>
Prospective Purchaser Lesee Other (explain)
Size of proposed building: 1001611 front; 5816" feet deep;
P Height nne stories; feet.
y,,.
a) Approximate date of erection:
b) Occupancy or use of each floor: Day Care Facility
e) Type of construction: concrete block
5. 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:
5. Has there been a previous appeal, under zoning, on these premises?
no If so, when?
r�
A-,
7. Description of relief sought on this petition : Pursuant to Sec. 2.29.1 of the
Revised Zoning Ordinances of No. Andover in order to user the building proposed on t e
plan as a tigy rare renter for approximat 1y 139 children.
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)
There is a need in the community for professional day care services. The petitioner
has been in the day care business since the 1960's and currently operates over 1100
day care centers nationwide. The petitioner enjoys an excellent reputation in the
communities which he services. Use of this land for a day care center would be in the �...
best interest of the surrounding neighborhood and the community in general.
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
Kinder Care Corp., by their attorney
Signature ofPetitionerTs
David J. Bain, Jr., E91quire
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.
Every application shall .be submitted with a Calan of land approved by t1he
:will bu 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
See attached sheet.
Address
(use additional sheets,if necessary)
..4
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
N
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