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HomeMy WebLinkAboutMiscellaneous - 247 CHICKERING ROAD 4/30/2018 (3)9 ry e0 B s i s December 22, 1981 d', 4 Notice is hereby oiven that the Board of Appeals will g§ve a hearing at the Town Building, North Andover, on Monday evening, the 11th day of January; 1982 at 7:30 p.m. to all parties interested in the appeal of Winifred A. Bulger requesting a variation of Section 7, Paranraph 7.3 and Table 2 of the Zoning DBy Lava so as to permit the construction of an addition with additional parkinn having less than the required rear set back and side set back and the continued existence of buildings having less than the required rear set back and side set back on the premises located at 247 Chickerinq Road. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish; N.A. Citizen: December 24 and 31, 1931 Send bill to: Atty. Andrew Shea 2 Punchard Avenue Andover, Mass. 01810 Legal Notice '1"0%VN Oh- NORril ANI)MER MASSjV,* FIUS�E;rTS R0AV4) (, API'!;ALS NO FICE µORT!{ December 22, 1981 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Monday evening the 11th day of January, 1982, at 7:30 p.m, to all parties interested in the appeal of Winifred A. Bulger requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit the construction of an addition with additional parking hav- ing less than the required rear set back and side set back and the con- tinued existence of buildings having less than the required rear set back and side set back on the premises, located at 247 Chickering Road. By Order of the Board of Appeals. Frank Serio, Jr. Chairman Publish N.A. Citizen: December 24, 1981 and January 7, 1982 L26 BULGER ANIMAL HOSPITAL P.C. 247 CHICKERING ROAD NORTH ANDOVER. MASS. 01845 Dear Mr. Hedstrom, November 19, 1982 This letter is to inform you of our compliance with the request of the North Andover Planning Board concerning the security of our parking lot after hours. As of this date, the lot will be chained and locked by the last employee to leave the building in the evening, and will not be accessable until 8:00 am the following morning. Enclosed please find the details of this plan as presented to the manager of the "99 Restaurant", Mr. John Hauser. A copy of that notice has also been given to the North Andover Police Department. If you have any further questions concerning this matter, please feel free to call me at the following number : 682-9905. Thank you. Sincerely, Jennifer A. Kesner Hospital Administrator IR, -v � CLI ? BULGER ANIMAL HOSPITAL P.C. 247 CHICKERING ROAD NORTH ANDOVER, MASS. 01845 1 ` A Q��NtviNG Q0A N o2 0 q-- �4 0\)E TO:..ANYONE WHO IS PARKED IN THE BULGER ANIMAL ITOSPITAL LOT _ FOR ANY REASON OTHER THAN BEING A CLIENT.... 1..The Bulger Animal Hospital Parking Lot is for our clients and staff ONLY. 2. As,directed by the North Andover Planning Board, this lot is chained off,and locked from closing time until 8:00 AM the following morning. If, you are locked in, you may get your car at 8:00 AM. 3. Your license number has been phoned in to the North Andover Police and YOU r car is.on record there as being inside the lot when we locked up. I£.ANY damage to the property occurs, you will be held legally responsible.. 40 The adjoining house has NO connection with the hospital and they have `qr :NO KEYS to unlock the chain, so do not approach the house. 5. Anp disturbances will result in the police being called immediately. Thank you,for your cooperation. Bulger Animal Hospital P.C. i u July 15, 1932 sirs . Winifred A. Bulger 247 Chickering Road North Andover, Mass. 01845 Dear Mrs. Bul aer: As you know, a variance was granted by the Board of Appeals for your property on Chickering Road. DTo date, the endorsed plan has not been recorded at the north Essex Registry of Deeds, which is required in order for this variance to become effective. The !plan may be picked up at the Board o� Appeals Office, lo- cated on the second floor of the Town Nall. In addition, if the Board's decision nas not been recorded, you should obtain a certified copy frors the Town Clerk's Office, lo- cated on the first floor of the Town Ball, and record this de- cision with the plan of land. If you have any questions, call our office at 685-4775 between 10:00 a.m. and 3:00 p.rt. Sincerely, BOARD OF APPEALS Jean E. White, Secretary j Cr Atty. Andrew F. Shea e 'o y T o.4 n C l e r k ti ?.. •o ;� RECEIVED , 4 Le (-AM1CL-LOidtO.Glld OF NORTH ANDOVER, MASS,gCtiUSETTS NOR.gj�� gC#}^ERK: BOARD OF APPEALS ;;-�;�: .,•-� Time : ff { Notice: This application must be typewritten 2 ss P -N op APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Winifred A. Bulger Address 247 Chickering Road North Andover, Mass. 1. Application is hereby made (a) For a variance from the requirements of Section 7- Paragraph 7.3 and Table 2 of the Zoning By -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. 2. (a) Premises affected are land YeS and building(s) yes numbered 247 Chickering Road k:kRRRkx (b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( x) side of Chickering Road kk=Kk, and known as No. 247 Chickering Road5� r_ (c) Premises affected are in Zoning District G.B. , and the premises affected have an area of 2.4,-,952 square feet and frontage of 185 square feet. 3. Ownership (a) Name and address of owner (if joint ownership, give all names): Winifred A. Bu Date of purchase 1946 Previous Owner Louis & Rose Sergi (b) If applicant is not owner, check his interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 39 feet front; 3p feet deep; Height: 1 stories; 15 feet. (a) Approximate date of erection: as soon as possible (b) Occupancy or use of each floor: Animal hospital - enclosed do_g,run_-_-___, (c) Type of construction: Wood and masonry 5. Size of e _fisting building:r a — eet front; Hse. _ _, feet deep; Height •A• "' ltori es ; A -� Weet. fie.. . - (a) Approximate date of erection: A.H. - 1947; Home - .. (b) Occupancy or use of each floor: House - residential purposes. , Animal _Hospital —animal_ _-hQsLta purposes ( c ) Type of c o n s t r u c t i o n:_ wood frame_. 6. Has there been a pr,i.vious appeal, under zoning, on these premises? -Xv_ � If s o , when? 7. Description of relief sought on this petition For side -line and -rear line variance to permit proposed addition and continuation of existing buildings and- —.Qp A rAes— -- ._ 8. Deed recorded in the Registry of Deeds in Book 687 Page 29 x xxxRkxi�ntbx xxk The principal points upon which I base my application areas follows: (Must be stated in detail) SEE ADDENDUM CONSISTING OF TWO PAGFS WHICH IS ATTACHED'HERETO. I agree to pay for advertising in newspaper and incidental expenses* Winiefred A. B er Ry! ( AMCQA9.�,,_ S Petitioner's Signature Andrew F. Shea, her attorney Sec. 1 APPLICATION FORM 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 in- formation 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 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 respon- sible fo'r 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. LIST OF PARTIES IN INTEREST Name Address '' Androck Trust One Center Plaza, Boston, Mass. 02108 Michael J. & Rose Marie Arcidiacono 223 Chickering Road, No. Andover, Mass. Alfred J. & Elizabeth G. Arcidiacono 209 Chickering Road, No. Andover, Mass. Domenic & Josephine L. Messina 287 Chickering Road, No. Andover, Mass. 01845 David Rennie, Jr. & Dorothy J. Rennie 200 Chickering Road, No: Andover, Mass. •- Farrwood Realty Trust Penobscott Way, Andover, Mass. 01810 ✓ Louis & Rose Sergi 615 Massachusetts Ave., No. Andover, Mass. 01845 (Use additional sheets if nec.ssary) f - ADDENDUM Applicant: Winifred A. Bulger The principal points upon which I base my application are as follows: Mrs. Bulger is the record owner of the land and buildings at 247 Chickering Road known as Bulger Animal Hospital. On March 20, 1978 her late husband, Dr. Edward C. Bulger and she entered into an agreement of sale for the property with Doctors Wayne A. Zeilenga and Dr. John K. Prentiss. This agreement of sale called for a passing of title on March 20, 1984 at the conclusion of the installment payments. Since March 20, 1978, Dr. Zeilenga and Dr. Prentiss have operated the Bulger Animal Hospital and she has lived in the residential dwelling on the premises. Recently, Dr. Zeilenga and Dr. Prentiss have received notice from the North Andover Building Inspector of complaints about excessive noise caused by the dogs in the open animal runs shown on the enclosed plans near the northerly bound. The Building Inspector has ordered Dr. Zeilenga and Dr. Prentiss to eliminate the nuisance caused to some neighbors by the dogs' barking. Accordingly, the doctors have retained an engineer and consulted a builder about this problem. As the enclosed plans indicate, my clients propose to remove the existing dog runs and put an addition to the rear of the existing Animal Hospital approximately 30 x 39 feet which would, in effect, provide an enclosed dog run and eliminate the noise problem. We seek relief by variance as the rear line dimension is only 14 feet and the side line dimension is only 37 feet. In addition to a variance for the proposed addition, we are also seeking a variance of the sideline and rear line dimensional requirements for the existing dwelling and the proposed parking spaces shown near the southerly bound. We expect that when the transfer of title takes place in March of 1984, the lending bank will require a certified plot plan and this will indicate violation of the sideline and rear yard dimensional requirements. Although the dwelling was in existence long before the additional "15 foot residential buffer" was recently added to the Zoning By -Laws, we will now have to conform to present requirements. In addition, the proposed parking spaces will eliminate a serious traffic and parking problem in the area as it will provide more on-site parking for the patients. No harm will be done to the residential buffer zone as no homes are affected by these variance requests. We respectfully submit that all elements for the granting of a variance are present with this application, especially hard- ship. The noise problem can only be corrected by providing an enclosed animal run and the suggested location is the most logical place. Further, the proposed sale in 1984 may be jeopardized if zoning violations are found in the preparation of a plot plan. Mrs. Bulger's premises are especially unique and the conditions which affect this parcel are unique. Further, we suggest there will be no detriment to the neighborhood and, in fact, the traffic and parking problems should be improved by the suggested new entrance and exit and the new proposed on-site parking. Respectfully submitted, win' `ed A. Bulg r By: 1 Andrew F. Shea, her attorney Law' ,:Of f ices of Greeley & Shea 2 Punchard Avenue Andover, Mass. 01810 Tel: 475-9445 - 2 - NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: January 11., 1982 Re: Bulger Animal Hospital Petition Bulger Animal Hospital was referred to your Board when it became apparent that their proposed kennel enclosure would be closer to the rear lot line than is allowed under the Zoning By—Law. The facility is presently under orders to enclose the outdoor runs and thus reduce the noise. A copy of the letter from the zoning officer is enclosed. Very truly yours, CHARLES H. FOSTER e4"t' /v�� INSPECTOR OF BUILDINGS CHF: ad TEL. 688-8102 FILIger lb -A 1al Hoopital 2 'j' Chickering Itoad i'r'f)rtla Aix-Iovor, .*ao Attention: Dr. John Prentiss T l acv,- 116cr 10, 1981 As I have o:z s,: rvaral -tunas by teles home, have b aon "'i:a�i ��i`1;��1;1'>rtfi From your neighbors bout the 11 ba -.I. -,ay; of the dors I:el,t in your o, - en kennels. I had bnres that once ;you were ai.'c'. c of '.�',iid you ,acid. t-kn to coi?tr of t1ho noise. Th't?•3S ei )t Iii en the case, becuuce ;_r. the pot i ce, I find that the have .t'a� Eit�U'yi f t £._t �.E;c. i,b: n to Dake. aci.-I_oil ;,o tho noj_se. I have lIi'vFS4� E'i'.} 6Ct ''Iii .::;:!.) Er wid P,acwt ,ill F.;it:t^.0;i:�f) u_ v n of V10 r} G '.� �C , I d c S v^^I; i:ij Oiiiccr _for the t0,m o 'or'tIi e5.i2ii0v3i, it is ny duty to Lifor•fa you that your aI14n kennels must be enelu;ted thixty !''-`y s froi:i the dote of this letter. The noise from ''llia or I M do -s .1_. cl e rly a - cla tion of the. C4? '_ng :'y -Law I)y of being offensive and 8.t _;=`avaUng, to Pro- t ;rly enclosing the keiulels (bjT 'Kray of a r! du ;e tae noise to ,in acceptable l".le? . Ko�'r t1l t the decs.3-2.On Ii?;3 been raojo 'Gh,3 ; ,ir^i^ the open Ia,;nrieJ- con tit-2t,us a--,_IFi3-ng that every legal action necessary will be Taken 'co &I)ate tho viola-- ticn. Where is also a $20 Ler clary for each day that w v. v-*LOI i-- Vior continues. Very truly yours, C17. ad ITIS-2ECTO . Or I3UILDII:GS >: y tQ: Taro Cot;n cl 3i;aic u of vhl''i vi 101 ice I'r. I-Iichael Arcidj.aco-�io LAW OFFICES GREELEY & SHEA TWO PUNCHARD AVENUE ANDOVER. MASSACHUSETTS 01810 ANNA M. GREELEY (1938-1975) ANDREW F. SHEA PHILIP F. SULLIVAN North Andover Board of Appeals ATTN: Jean E. White Town Hall North Andover, Mass. 01845 Dear Ms. White: AREA CODE 617 December 28 1981 475.9445 475-1919 I am enclosing my check for $31.40 for the filing and other costs in connection with the petition of Winifred A. Bulger. Once again, thank you for your kind cooperation in assisting with the filing of this application to the Board of Appeals. V truly ours, k\ Andrew . ea dmm Enclosure NORT1� Ot t0,'�.�A'O Ot �O a t s i 1 Sg�1CHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 19, 1982 Attorney Andrew F. Shea 2 Punchard Avenue Andover, Mass. 01810 Re; Petition No. 3 - 182 Winifred Bulqer Dear Attorney Shea: The Board of Appeals approved Mrs. Bulger's request for a variance. Several conditions were incorporated into the decision and a copy is enclosed for your review. Please note that several revisions must be placed on the plan prior to February 8, 1982.. The Chairman of the Board has sketched these revisions on a print of the plan and it is available at the Board's office located on the second floor of the Town Office Building. If you or the engineer with to pick up this print, please feel free to do so. Jw Enc. cc William MacLeod Andover Consultants, Inc. 213 Broadway Methuen, Mass. 01844 Sincerely, BOARD OF APPEALS Jean E. White, Secretary n December 23, 1981 Attorney Andrew Shea 2 Punchard Avenue n Andover, Mass. 01810 Re: Bulger Petition Dear Attorney Shea: Kindly suiumit x31.40 to the Board of Appeals, 120 Main Street, D North Andover. 'bass. to cover the cost of processing the Bulger petition. A check shoulI be made out to the Town of North Andover. Sincerely, BOARD or 6PPEALS Jean E. White, Secretary 3w R- o�—Q a o � � ✓,cam d- 1, V�, ,' �E•'"''''tio• Any appeal shall be filed RECEIVED :l3: �°°air •�� DA41 1EL g!lG �: within (20) days after the i0111 Cl ERK ;i. i855q� date of filing of this Notice NORT14:lDOVER '►ssgcHuS``.'� in the Office of the Town JAN 19 1 ! Q8 AM '82 TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date ... J a n u.a r y..13., 19 E 2 Petition No....3 . -..'8.2.... I ...... Date of Hearing. J 4.n u a try ..11.,..19 8 2 Petition of ....... 114.1. r R.E. D. A.. . B. !) L G E R ................................................. ............... Premises affected ... 1.40 d.. a rid.. b u. i. 1.0. n .q s ..a t. 2.4 7.. C h i. c k e. r i n q. R o a.d .............. Referring to the above petition for a variation from the requirements of the ... 7 o n i n .g . Ey.. L a w Section. 7. Pa.ra.9raP.h.7.•.3..and..f.dble..?.................................... soastopermit .t4e..cQnt.i.n-ued-.use..o..f..exis.t.in.g.b.uil.din.gs.and..con.st.ruc-tion of an .ddi.tio.n.with..a.ddi.t.ion.al..pa.rkin.g..h.ay.i.ng..les.s..than.the..req.u.ire.d.s.et backs. After a public hearing given on the above date, the Board of Appeals voted to .. G P N T the V.a r i a n c.e s .. . ..... _ and hereby authorize the Building Inspector to issue a permit to ... !4i.nifre.d-A,.Ru1g.er.................................................... for the construction of the above work, based upon the following conditions: 1106 is to ceriafy that t -rarity (Zo) haw" elap-Ssd fr4;n relo- cf deisim filo t t fifing of an aw 1. 57- / �3 pwn Clem ATT�9 ' .True` 'Op. ip- 77 (see attached conditions) Signed Frank Serio, Jr., Chairman "i chard..J....Tr.epa.ni e.r,_ .Esq.. ,..C1 e.rk arn. J,...S u.l.1 i.v.an... . Atigu.sti.ne..W...PJi c.ker.s.on........... Rayn,ond..A....Vi_ven.zi o., . E.sq......... Board of Appeals • I . RECEIVEDLONG , Conditions of Approval DArtiEL-ERK Petition No. 3 - '82 NORTH Winifred A. Bulger January 13, 1982 JAN II Qg AM '8Z 1. A six-foot stockade fence to be installed on the Northerly and rear side of the lot. 2. On the Southerly side, there will be a natural evergreen tree barrier that will grow tv a suitable height to provide necessary screening. 3. The two.Southern most parking spaces will be eliminated. 4. A chain or gate barrier will be installed to secure the parking area at ingress/egress. 5. A suitable barrier on the island between the ingress/egress will be installed to provide unauthorized entrance to the parking lot. 6. The parking lot will be used only for the business purposes of the animal hospital and the residents-of the home and their guests. 7. All conditions to be placed on the plan and the plans to be revised accordingly - to be submitted to the Board of Appeals no later than February 8, 1982. No plans will be endorsed until such revisions are made. RECEIVED DAN'IE'L LONG TOft CLERK NORTH; 4NDOVER JAN 19 .1108 AN #82 f p0RTh 0 •t�ao ••'�'O 0 N p SACHUS�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 13, 1982 Winifred A. Bulger 247 Chickering Road Petition No. 3 - '82 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Plass. 01845 Dear Mr. lone: The Board of Appeals held a public hearing on Monday evening, January 11, 1982 upon the application of Winifred A. Bulger. The hearing was advertised in the North Andover Citizen on December 24, 1981 and January 7, 1982 and all abutters were notified by.reaular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Augustine W. Nickerson; and Raymond A. Vivenzio, Esq. • The petitioner seeks a. variance from the provisions of Section 7, Paragraph 7.3 and Table 2 of the Zoning By Law to allow the continued use of the existing buildings and to construct an addition with additional parking, having less than the required set backs.on the premises located at 247 Chickering Road. A sinnle family home and an attached animal hospital are located on the property. The petitioner testified, through counsel,.that the Building Inspector ordered the occupants of the animal 'hospital to eliminate the noise caused by barking dogs from the open runs located behind the hospital. The petitioner proposes to eliminate said runs and replace them with an enclosed dog run to the rear of the existing hospital. The petitioner also testified that additional parking is needed on the South side of the premises for both,clients and employees. log a _ ` REUEIVE0 Winifred A. Bulger 247 Chickering Road l0:? ;f CLERK Petition No. 3 - '82 HOn : �.. ;DOVER January 13, 1982 Page 2 JAN f 9 11 os'82 In addition, a side line and rear line variance is requested for the existing single family dwelling, as it does not conform to current zoning regulations. Several neighbors were present at the hearing and voiced concern that the laraer parking area might attract unauthorized traffic and parkins from a neighboring restaurant. Upon a motion made by Mr. Sullivan and seconded by Mr. Vivenzio, the Board voted unanimously to grant the variances requested for the existing dwelling and proposed addition with additional parking with the following conditionss 1. A six-foot stockade fence to be installed on the Northerly and rear side of the lot. 2. 4n the Southerly side, there will be a natural everareen tree barrier that will -crow to a suitable height to provide necessary screening. 3. The two Southern most parking spaces will be eliminated. 4. A chain or gate barrier will be installed to secure the parking area. at ingress/egress. 5. A suitable barrier on the island between the ingress/egress wi 11 be i ns tal led to provi de unauthor-i zed entrance to the parking lot. 6. The parking lot will be used only for the business purposes of the animal hospital and the residents of the home and their quests. 1. All conditions to be placed on the plan and the plans to be revised accordingly - to be submitted to the Board of Appeals no later than February 8, 1982. No plans will be endorsed .until such revisions are made. The Board finds that each of the provisions of Section 10.4 of the Zoning By Law have been satisfied. In particular, the Board finds that due to the location of the existing dwelling on the premises for many years with a slight deviation from the existing require- ments, together with the order from the Building Inspector that a daily fine will be initiated if the noise is not eliminated, con- stitutes a hardship within the definition of the Zoning By Law. Ir r Winifred A. Bulger 241 Chickering Road Petition No. 3 - '82 January 13, 1982 Page 3 RECEIVED DANIEL LONG TO41N CLERK NORTH ANDOVER JAN 19 11 o8 AM T Said variance will not, in the opinion of the Board, derogate from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS �/ r j�.,o�--Q.- �►Q�..� , , jti.. cam) Frank Serio, Jr., Chairman jw _ Recorded Feb.15,1984 at 12:40PIA #2482