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Home My WebLink AboutMiscellaneous - 267 CHICKERING ROAD 4/30/2018 (5)rA u I&ML 'VZ/L:OVN LIOWVNO "jr,o!jes ILMJI .pV08 oupsMoltrj Loa Ir peMoq Nsfujed 041 uo 44BGMUOWWOO e4l J01 -VI LIVIM 80"Nowe UI Sweds PaddeqpUV4 Jol Mollie -C gweds m pedwoop effielueoied emejoul'Z qp.M 01919 JOANJI OOrVPOJ't gwied ot se os Mel AS 5uIu0Z 941 P (OuNJEd 198JIS 40) VI,VLVI, 'vJvd 9 -*eS 10 UoIjRIJVA V Oullsenbei twu.L ANUIVA -a jo Feedde 941 ul P9199JOlul 9MIJW 119 01 '4wP,O 06:L ju -166L pnBnV 10 AIRP 41CI, 0441 BLm - usAs Aep9enj uo 'JOAOPuV WON 'Bu."Ing umol 041 to BuIM4 9 OMB Illm gleeddV 10 PrO08 041 M41 u9AI6 AqGJO4 91 9090N 166 1, 9 L AInr SIV3ddV:10 all"B H3AOaNV HLUON:10 NMOL 3OUDNIV031 Lmwj,L,4o'-jr v' es xuLjj WWII 'OC/OL:OVN SILO�dv 10 pjeoe' eq) 10 jepio AS 'PLOU BUIJGX3140 L9Z Ile PG1V30I '90 -siwejd eql uo 06-L9 I# U01140d UO SUOIIIPU03 10 U011, .eo!j!pow L, Builsonbei twul Alnuej soCI jo luedde eqt u! peisejetu! se!lned Ile ol �:)olo,o OC:/. le t66t J8qUJeAON lo Aep qlZL e4l BUlUeAe Appsen.L uo 'IGAOPUV qlJON 'BulplIng umol. 041 Ile Bulje94 le GAI8 IHM SIVOWV 10 PI -S Oql le4l UGA!6 Aqejeq s! 80110N 1661 'gz j9qoI30 WI—ON S*lV3ddV.40 CIUV08 sLi3snHOYSSYR H3A0aNV HIMON10 NM0i 33W)N W031 'pe6jj 6ufj9XoI40 LqZ le ps imol 'miweid 041 UO 411"MUOWWOO 841 J01 gmel 411M 03UM00011 ul 98OR& peddmIPULN J01 M01119 -C smieds im pedujoo 10 eftlue3jed smioul 41PIM ORO JOARIJ eonpej -I ;:1 �wjadojseosmiej As suluoz G41 10 (our4jed leells 1;0) ilpapa I 'LJPd 9 'DOS 10 U011BIRIA 8 Bultsenbei Isru.L Allwei -a,' to IveddL, Ow ul pelsejelul sagmd ire 01 '40013,0 OC:L to 't6g tsn6nV jo ALP 41C 1 941 6u.'U8Ae Aiepseq uo i 'JOAOPUV 41JON 'Ou!pllrvg umol 841 le buun4 L OAI6 HIM 9IVOWV 10 PJwM G41 Tle4l UOAI6 AqOJ94 91 00110N 1661 lot Alnr SIV3ddV:10 allVOS H3AOONV 1400141:10 NM01 33LLON 1VDj1 V locM I. �OVN UL-U)JIV40 "iropes AULIJ3 sfeedcIV 10 pleog e4l to japio AS 1 oulls)IONO L9z ve P91183C I Inob U00.19d UO SuclVPU03 10 U011 S.�pejd 041 UO 06-t9t o lieodde ;.nlllpoLu L eugsanboj "ril. A" -0 1 . 0, Volop OC:L TO 1,66t sq,I, �j palsojewi solved Ile i Zt 941 6UjUOAG Arpsenj uO 4 jqqk�OAON 10 ALP 41 * hw,,pu,4 41joN 6uv.PllnB UmOl 0411? Bupe" 2 OAI6 '08041 Ve4l U91,15 Aqqj94 sl 001ION Illm S[eKwv 10 PJL 11,661, 'GZ JOqc)'00 Ong SJV3ddV:10 GHV09 suisnHonsvIl" U31,00MV KWOM '0 "*O.L 30U.0NIV031 .................... . -------------------- r 12 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ....... July. 18.,...19.91 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ... Tu�a.sday.. evening ......... the .. 13. day of . . August ............. 19. 91 , aV:30o'clock, to all parties interested in the appeal of .Doe.Family.Trust ................................... (Off sir,ee Parking) requesting a variation of Sec.$,. �Para. 70.4 . of the Zoning By Law so as to permit .................................... . . 1. - zeduce - travel . aisle. width .................... ..2- .1-nerease-parcentage..of.compar-t-car.space.s.. ..3...allow-for-handicappe�d.spaces..in.accordance. ...... w-ith-laws.,of-the.Commonwealth ............... on the premises, located at ... 2.67 -Chickering -Road ........ ................................................. By Order of the Board of Appeals Frank Serio, Jr., Chairman Bill to: Doe Family Trust, 160 Olympia Ave., Woburn, MA 01801 r . b TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Tj d -I rr T 9-1 MI .... O.c.tober. 25.,..19.91 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. . Tuesday ... ... evening ...... the .12 tb day of ... Nomember .......... 19. 91 , aiV.:. 3 0 o'clock, to all parties interested in the appeal of .... Do.e.Family. Trust .............................. requesting a mxkdiowaf�Sm .................. xjtjw>Zmjng -modification. of -conditions -on -Petition-#161-90 .................................... .................................. I ................... on the preniises, located at.. 26.7.Cbickering. goad ......... .................................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in N.A. Citizen on Oct. 30 & Nov. 6, 1991 Bill to: Doe Family Trust160 Olympia Ave., Woburn, MA 01801 .i i 01) �22 C:1 o TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed Within (20) days J after the date of fi';Ilg of this Notice in the 0f;jce of the Town Clerk. .,Doe Family Trust Petition #161-90 267 Chickering Road ' * North Andover, MA 01845' * DECISION The Board of Appeals held a special meeting on Thursday, November 21, 1991 upon the application of Doe Family Trust requesting reconsideration of a Modification of Condition concerning an earthen berm on Variance Decision #161-90 issued on September 10, 1991 for property located at 267 Chickering Road. The following members were present and voting: Frank Serio, Chairman, William Sullivan, Vice -Chair, Walter Soule, Clerk, Raymond Vivenzio and Anna O'Connor. A motion to reconsider was made and the motion passed on a vote of 4 to 1, Mr. Vivenzio in opposition. The Board then went on to discuss modifying the condition of the earthen berm. Discussion The applicant did not attend this meeting. Mr. Nicetta, Building Inspector presented information. Mr. Nicetta spoke of the issue of the modification of the earthen berm versus a living fence. .He also presented a letter from Dana Perkins, Inc. dated 10/1/91 (See file) which addressed the earthen berm and the effect it would have with drainage. This letter was also read individually by members and those attending the hearing as information only. Mr. ' Nicetta suggested eliminating the maples as proposed and replace them with fast growing trees. Upon motion by Mr. Soule and second by Mr. Sullivan the Board voted unanimously to Modify the Condition imposed in the earlier decisions, i.e. September 10, 1991, with the following conditions: A X A landscape buffer of White Pine and Hemlock trees five (5) to six '(6) f eet in height will be planted in a staggered sawtooth pattern, with distance between trees to be eight foot on center and each tree shall have a minimum four (4) foot spread at the base, along the entire perimeter from Section A through Section D inclusive to the stockade fence adjacent to Bulger's Animal Hospital as per plan described below. 2. Within sixty (60) days of receipt of this decision, the applicant will submit a detailed landscape plan stamped by a Registered Landscape Architect to the Zoning Board of Appeals for its review and approval. 3. Said planting as referenced on said plan as approved shall be fully completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealthy trees shall be removed and replaced promptly with the same species of a size similar to adjacent trees. PER SITE GRADING PLAN/DRAWING NO. Ll DATED: NOVEMBER 4, 1991 PROPOSED n9911 RESTAURANT/PUB WILLIAM B. MERRY & ASSOCIATES, INC. Dated this 25th day of November 1991. BOARD OF APPEALS 4a(i A46� 411, - Frank Serio, �rv.—//- chairman CHOW C" WN OF NORTH ANDOVER MASSACHUSETTS C) C�_ r C- C\j C j BOARD Of APPEALS U.1 CD Lr") C --J NOTICE OF DECISION Any appeal sHall be filed within (20) days after the date of Wing of this Notilce in the Office of the Town Clerk. Date . NP:v�E�Tbqir. A991 ........ Petition No... 16 1-9j� ............. Date of Hearing. NP:v.=ber. ��,..091 Petition of PPA Y4m.ily. Tlzl4st ........................................................... Premises affected ... 267. Chirz%ering. Aqad ................................................ Referring to the above petition for a vm&Wm4rdmUs4iKafi*mjjtW6fcft - Modif icationxif .Cond1tions. on. Yetition. 1.161790 ................. ............................................................................ After a public hearing given on the above date, the Board of Appeals voted to . . CRART... � the Nodif.icatiorl. of Conditians ....... and hereby authorize the Building Inspector to issue a permit to ... Doe. Family. Trust .......................................................... for the construction of the above work, based upon the following conditions: See the attached sheet for conditions. Signed . 2k Serio, Jr.� Ch Irman ........................................... ....... Wi.l.liam..Sullivan, Vice -Chairman ................... ....... Wa.l.t.er.Souce, Clerk .. .......................... ..... �aymond Vivenzio .............................. ................................. Board of AppeaI8 CC cl: C -n 7- �.l LS-) TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Listed below are conditions pertaining to Petition #161-90 for Moidification of Conditions for Doe Family Trust. 1. A landscape buffer of White Pine and Hemlock trees five (5) to six (6) feet in height will be planted in a staggered sawtooth pattern, with distance between -trees to be eight foot on center and each tree shall have a minimum four (4) foot spread at the base, along the entire perimeter from Section A through Section D inclusive to the stockade fence adjacent to Bulger's Animal Hospital as per plan described below. 2. Within sixty (60) days of receipt of this decision, the applicant will submit a detailed landscape plan stamped by a Registered Landscape Architect to the Zoning Board of Appeals for its review and approval. 3. Said planting as referenced on said plan as approved shall be fully completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealty trees shall be removed and replaced promptly with the same species of a size similar to adjacent trees. PER SITE GRADING PLAN/DRAWING NO. Ll DATED: NOVEMBER 4, 1991 PROPOSED "99" RESTAURANT/PUB WILLIAM B. MERRY & ASSOCIATES, INC. AFMILT" Any appeal shall be filed within (20) days after the date of Wing of this Notice in the Office of the Town Clerk. Date . NPY�E�Tb@lr. ?5.,.A991 ........ Petition No.. -I � !:-9j� ............. Date of Hearing. NPYAmbev. � 1.,. .091 Petition of ... PPA Y441ily. Tj�14,5� ............. ............................................. Premises affected ... 267. ChiQkering. Rqad ................................................ Referring to the above petition for a Mo.dif ication of Conditions. oxx.Fetition..#.161-r90 WMAMPenvit.................... ; ...................................................... After a public hearing given on the above date, the Board of Appeals voted to . . GRANT .... the Modif.ication..of Conditions ....... and hereby authorize the Building Inspector to issue a permit to . . Doe. Family. Trust .......................................................... for the construction of the above work, based upon the following conditions: See the attached sheet for conditions. NOV 2 5 Signed L� Fia k Serio, Jr.?Ch iCrman 4�' ........... 1� ............................... William Sullivan, Vice -Chairman .......................................... ....... Wa.l.t.er.Souc.e.,. Clerk ............. .. .... ..... ..... �ay.m.qnd. Viv.e.nzio ............... ..................... I ........... Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS CIO C-1 BOARD Of APPEALS cr- LCI C-.� I— C:) NOTICE OF DECISION C3 Any appeal shall be filed within (20) days after the date of Wing of this Notice in the Office of the Town Clerk. Date . NPY�E�Tb@lr. ?5.,.A991 ........ Petition No.. -I � !:-9j� ............. Date of Hearing. NPYAmbev. � 1.,. .091 Petition of ... PPA Y441ily. Tj�14,5� ............. ............................................. Premises affected ... 267. ChiQkering. Rqad ................................................ Referring to the above petition for a Mo.dif ication of Conditions. oxx.Fetition..#.161-r90 WMAMPenvit.................... ; ...................................................... After a public hearing given on the above date, the Board of Appeals voted to . . GRANT .... the Modif.ication..of Conditions ....... and hereby authorize the Building Inspector to issue a permit to . . Doe. Family. Trust .......................................................... for the construction of the above work, based upon the following conditions: See the attached sheet for conditions. NOV 2 5 Signed L� Fia k Serio, Jr.?Ch iCrman 4�' ........... 1� ............................... William Sullivan, Vice -Chairman .......................................... ....... Wa.l.t.er.Souc.e.,. Clerk ............. .. .... ..... ..... �ay.m.qnd. Viv.e.nzio ............... ..................... I ........... Board of Appeals M ul Z a-- -e, ,::I Un C --J TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Listed below are conditions pertaining to Petition #161-90 for Moidification of Conditions for Doe Family Trust. . 1. A landscape buffer of White Pine and Hemlock trees five (5) to six (6) feet in height will be planted in a staggered sawtooth pattern, with distance between trees to be eight foot on center and each tree shall have a minimum four (4) foot spread at the base, along the entire perimeter from Section A through Section D inclusive to the stockade fence adjacent to Bulger's Animal Hospital as per plan described below. 2. Within sixty (60) days of receipt of this decision, the applicant will submit a detailed landscape plan stamped by a Registered Landscape Architect to the Zoning Board of Appeals for its review and approval. 3. Said planting as referenced on said plan as approved shall be fully completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealty trees shall.be removed and replaced promptly with the same species of a size similar to adjacent trees. PER SITE GRADING PLAN/DRAWING NO. Ll DATED: NOVEMBER 4, 1991 PROPOSED "99" RESTAURANT/PUB WILLIAM B. MERRY & ASSOCIATES, INC. r,4 L 1�z TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed Within (20) days after the date Of fi'illg of this Notice in the Office of the Town Clerk. BOARD OF APPEALS Doe Family Trust Petition #161-90 267 Chickering Road North Andover, MA 01845 DECISION The Board of Appeals held a special meeting on Thursday, November 21, 1991 upon the application of Doe Family Trust requesting reconsideration of a Modification of Condition concerning an earthen berm on Variance Decision #161-90 issued on September 10, 1991 for property located at 267 Chickering Road. The following members were present and voting: Frank Serio, Chairman, William Sullivan, Vice -Chair, Walter Soule, Clerk, Raymond Vivenzio and Anna O'Connor. A motion to reconsider was made and the motion passed on a vote of 4 to 1, Mr. Vivenzio in opposition. The Board then went on to discuss modifying the condition of the earthen berm. Discussion The applicant did not attend this meeting. Mr. Nicetta, Building Inspector presented information. Mr. Nicetta spoke of the issue of the modification of the earthen berm versus a living fence. He also presented a letter from Dana Perkins, Inc. dated 10/1/91 (See file) which addressed the earthen berm and the effect it would have with drainage. This letter was also read individually by members and those attending the hearing as information only. Mr. ' Nicetta suggested eliminating the maples as proposed and replace them with fast growing trees. Upon motion by Mr. Soule and second by voted unanimously to Modify the Condition decisions', i.e. September 10, 1991, conditions: FD -9 NOV 2 5 A L 3UIIL_Di�"� Mr. Sullivan the Board imposed in the earlier with the following 1. A landscape buffer of White Pine and Hemlock trees five (5) to six (6) feet in height will be planted in a staggered sawtooth pattern, with distance between trees to be eight foot on center and each tree shall have a minimum four (4) foot spread at the base, along the entire perimeter from Section A through Section D inclusive to the stockade fence adjacent to Bulger's Animal Hospital as per plan described below. 2. Within sixty (60) days of receipt of this decision, the applicant will submit a detailed landscape plan stamped by a Registered Landscape Architect to the Zoning Board of Appeals for its review and approval. 3. Said planting as referenced on said plan as approved shall be fully completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealthy trees shall be removed and replaced promptly with the same species of a size similar to adjacent trees. PER SITE GRADING PLAN/DRAWING NO. Ll DATED: NOVEMBER 4, 1991 PROPOSED "99" RESTAURANT/PUB WILLIAM B. MERRY & ASSOCIATES, INC. Dated this 25th day of November 1991. BOARD OF APPEALS A&a,4,14� 41t - Frank Serio, ir(/. Chairman V Or - 1i �2 1�2 TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed within (20) days after the date Of fl';11g of this Notice in the Office of the Town Clerk. BOARD OF APPEALS Doe Family Trust Petition #161-90 267 Chickering Road North Andover, MA 01845 DECISION The Board of Appeals held a special meeting on Thursday, November 21, 1991 upon the application of Doe Family Trust requesting reconsideration of a Modification of Condition concerning an earthen berm on Variance Decision #161-90 issued on September 10, 1991 for property located at 267 Chickering Road. The following members were present and voting: Frank Serio, Chairman, William Sullivan, Vice -Chair, Walter Soule, Clerk, Raymond Vivenzio and Anna O'Connor. A motion to reconsider was made and the motion passed on a vote of 4 to 1, Mr. Vivenzio in opposition. The Board then went on to discuss modifying the condition of the earthen berm. Discussion The applicant did not attend this meeting. Mr. Nicetta, Building Inspector presented information. Mr. Nicetta spoke of the issue of the modification of the earthen berm versus a living fence. He also presented a letter from Dana Perkins, Inc. dated 10/1/91 (See file) which addressed the earthen berm and the effect it would have with drainage. This letter was also read individually by members and those attending the hearing as information only. Mr. ' Nicetta suggested eliminating the maples as proposed and replace them with fast growing trees. Upon motion by Mr. Soule and second by Mr. Sullivan the Board voted unanimously to Modify the Condition imposed in the earlier decisions, i.e. September 10, 1991, with the following conditions: 0 A landscape buffer of White Pine and Hemlock trees five (5) to six (6) f eet in height will be planted in a staggered sawtooth pattern, with distance between trees to be eight foot on center and each tree shall have a minimum four (4) foot spread at the base, along the entire perimeter from Section A through Section D inclusive to the stockade fence adjacent to Bulger's Animal Hospital as per plan described below. 2. Within sixty (60) days of receipt of this decision, the applicant will submit a detailed landscape plan stamped by a Registered Landscape Architect to the Zoning Board of Appeals for its review and approval. 3. Said planting as referenced on said plan as approved shall be fully completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealthy trees shall be removed and replaced promptly with the same species of a size similar to adjacent trees. PER SITE GRADING PLAN/DRAWING NO. Ll DATED: NOVEMBER 4, 1991 PROPOSED "991' RESTAURANT/PUB WILLIAM B. MERRY & ASSOCIATES, INC. Dated this 25th day of November 1991. BOARD OF APPEALS J/&oi 2�i� 41t Frank Serio, dr/. Chairman Any appeal shall be filed WANn (-,0) (!,,Ivs after the Ir. . . ri� date of I Jng of IJkliS [�otice in the Office of. the� Town Clerk. Cf - Lb Go Cr - A"ILYTV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Petition of ... Doe . ]Fam�ly. Trust ........ Date ... 199.1 ...... Petition No.. ... �Al.-.90 ........... Date of Hearing. 5AP.�qlpb�-P. .1.0, . 1991 Premises affected ..... 2.6.7. Chicker.ing. Road .............................................. Referring to the above petition for a variation from the requirements of the . Section. jR ...... Paragraph. 1,. .7. and. 1.4 of. the. Zoning. By-tLaw ......................................... so as to permit -10.' - and. .21'. wide travel. aisles,. allow. 60%. ar requir.ed parking spaces to be 10' X 10' and.remainder for compact cars and allow handicapped spaces. ................................... I ...................................................... After a public hearing given on the above date, the Board of Appeals voted to ... GRANT ... the variance .......................... and hereby authorize the Building Inspector to issue a permit to ...... Doe.Family-Trust ........................................................ for the construction of the above work, based upon the following conditions: The entire perimeter of the property, with the exception of Chickering Road and the two (2) lot lines bordering Bulger's Animal Hospital, be surrounded with a four foot high earthen berm which may utilize landscape timbers which shall contain evergreen plantings not less that four feet apart and be suitably landscaped in order to protect surrounding properties from noise and light. Also, the two (2) lot lines bordering Bulger's Animal Hospital shall be suitably lands aped with a continuous evergreen planting along and parallel to the Signed existing fence. William Sullivan, Vic'--e-chairman Raymond vivenzio .......... I ...... Anna O'Connor ................. John Pallone ............ .............................. Board of Appeals 4p,hy appeal shall be filed within (20) days after the date of -li'ing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER C/> MASSACHUSETTS C=� nz BOARD OF APPEALS Doe Family Trust Petition #161-90 267 Chickering Road DECISION North Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday, September 10, 1991 upon the application of Doe Family Trust requesting a variation from the requirements of Section 8.1, Paragraph 7 and 14 so as to permit 101 and 211 wide travel aisles, allow 60% or required parking spaces to be 101 X 101 and remainder for compact cars and allow handicapped spaces located at 267 Chickering Road. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, Anna O'Connor and John Pallone. The hearing was advertised in the North Andover Citizen on July 14 and 31, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and second by Mrs. O'Connor, the Board voted, unanimously, to GRANT the variance as requested with the following conditions: The entire perimeter of the property, with the exception of Chickering Road and the two (2) lot lines bordering Bulger's Animal Hospital, be surrounded with a four foot high earthen berm which may utilize landscape timbers which shall contain evergreen plantings not less than four feet apart and be suitably landscaped in order to protect surrounding properties from noise and light. Also, the two (2) lot lines bordering Bulger's Animal Hospital shall be suitably landscaped with a continuous evergreen planting along and parallel to the existing fence. NORTH ANDOVER BOARD OF APPEALS DOE FAMILY TRUST - DECISION The Board finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 20th day of September, 1991. BOARD OF APPEALS William Sullivan Vice-chairman C" Cr_1 u_r cl— Ln cf- ts--, Any app,, 'a, shall be filed Within (20) r4ll'ls Zlftor the date of fill. , c)f this Notice 'Ilry in the office Of the. Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Doe Family Trust 267 Chickering Road North Andover, MA 01845 Petition #161-90 DECISION The Board of Appeals held a public hearing on Tuesday evening November 12, 1991 upon the application of Doe Family Trust requesting a modification of condition concerning an earthen berm on Variance Decision #161-90 issued on September 20, 1991 for property located at 267 Chickering Road. The following members were present and voting: Frank Serio, Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and John Pallone. The hearing was advertised in the North Andover Citizen on October 30 and November 6, 1991 and all abutters were.notified by regular mail. Upon motion of Mrs. O'Connor to grant the request, seconded by Mr. Soule, the Board voted as follows: In favor of motion: Mr. Serio, Mr. Soule and Mrs. O'Connor; Opposed: Mr. Vivenzio; Mr. Pallone abstained. The motion therefore failed. Dated this 15th day of November, 1991. BOARD OF APPEALS A�� ) 41 Frank Serio, Jr�4 Chairman A"ILT" 1853 - .... t7.*� TOWN OF NORTH ANDOVER MASSACHUSETTS cr_ C" BOARD Of APPEALS CQ NOTICE OF DECISION C=:' U.I;r 0 a: Lxn 0�-C) — Date ........ Petition No....1.6.1.-90 ............. Date of Hearing ... 1991 Ntition of .]�Qe. Family . Trti5.t ........................... I ...... I ......................... Premises affected .. 2.6.7 -Chickering. Road ........ ........................................ Referring to the above petition for a N:axbd!wvfiMUdI - . Azidthe.Modifi.cation... .of Condition. concerning. an earthen. berm ........................................... AQUw:tM4MrMik ............................................................................ After a public hearing given on the above date, the Board of Appeals voted to . . DENY .... : the Modification ....................... 'kAoxx ......... ................................................................... peffm Signed Fra nk Serio, Jr., Chairman ........................................... Walter Soule, Clerk ........................................... Raymond Vivenzio ................... I ..................... Anna O'.Connor ....................................... ................................. Board of Appeals 'C" F. PERKINS, inc. onsulting Engineers & Land Surveyors D. Robert Nicetta Building Inspector Town of North Andover 120 Main Street North Andover, MA 01845 October 1, 1991 Re: 119911 Restaurant & Pub Chickering Road No. Andover, MA Dear Mr. Nicetta, Dana F. Perkins, inc. has been contracted by the 119911 Restaurant & Pub Corporation to design the drainage system for the proposed new restaurant parking area at the above captioned site. It is our understanding that the Town of North Andover Board of Appeals is requesting that the owners construct a 4 foot high berm along the northerly, easterly and southerly property boundaries of the site. Dana F. Perkins, inc. has completed our study of the existing surface water runoff tributary to this site. It is our opinion that the construction of this 4 foot high berm would serve to re -direct surface water runoff which is now tributary to this site, to adjacent properties. This re- directed surface water could cause flooding on these adjacent properties and possibly create wetlands area in the future. It is strongly suggested that some other form of screening be considered for this site. If you have any questions please do not hesitate to call me at our Reading office. Very truly yours, Dana. F. Perkins, inc. Bernard A. Paquin,/P.E. Engineering Division Manager cc: William B. Merry & Assoc., Inc. The Doe Family Trust OCT 4 PPI 125 Main Street * Box 506 a Reading, MA 01867 & (617) 944-3060 0 Fax: (617) 944-4311 1215 Main Street - Unit 109 e Tewksbury, MA 01876 * (508) 858-0680 9 Fax: ('508) 640-0237 MAIN OFFICE & DISTRIBUTION CENTER - 160 OLYMPIA AVENUE - WOBURN, MASSACHUSETTS 01801-2020 inety ine urant-Pubs November 15, 1991 Town of North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 617 / 933-8999 Please consider this a formal filing for reconsideration of the modification hearing of November 12, 1991 on Petition #161-90. Very truly yours, David L. Lanzoni Director of Operations 99 Restaurant -Pubs DTX /jdh C-; L" C_.� L.. C.') > -1 'a tLi Cr-' cl CC cl 0 q MAIN OFFICE & DISTRIBUTION CENTER - 160 OLYMPIA AVENUE - WOBURN, MASSACHUSETTS 01801-2020 617 / 933-8999 Ninety Nine Restaurant- Pubs October 9, 1991 Mr. William Sullivan Vice Chairman Board of Appeals Town of North Andover 123 Main Street North Andover, MA 01845 Dear Mr. Sullivan: We would like to make a formal request for a modification of conditions, as set forth on September 20, 1991 on Petition No. 161-90, as established by your Board. Thank you for your consideration in this matter. DLL/jdh Respectfully, David L. L�A-i. oni DirectorXdf Operat'ons 99 Restc-eurant-Pubs !> rn ;PC C-) We would like to make a formal request for a modification of conditions, as set forth on September 20, 1991 on Petition No. 161-90, as established by your Board. Thank you for your consideration in this matter. DLL/jdh Respectfully, David L. L�A-i. oni DirectorXdf Operat'ons 99 Restc-eurant-Pubs LO qtv 00 co cd r- 4 0 0 cd 0 0 C', 0 > M E--( Z 0 C\j 0 C\j C/) LU Z) z ') C D' -L < c Lu cc!! > U) z < U) 0 00 �R 3: Rec�ived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TllE REQUIREMFNTS OF THE ZONING ORDIN C AN E Applicant Doe Family Trust (99 Restaurant-4dddress 267 Chickering Road -------------- 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 Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or Other authority. Other: Modification of conditions on Petition #161-90. 2. a) Promises affected are land and building(s)__numbercd ---------- b) Premises affected are property with frontage on the North South Eant Wert sifle of _QUQkeYjn"_Q_a_d Street, and known as No. SLrect. eneral Bus. + C) Pxcmises affected are in Zoning DistricPUS2, at)d the premises affected have an ar . ca oL7069_6 ---square feet - aild frontarIc of 3. Ownership a) Name and address Of Owner (if joint ownership, give all names): Doe Family Trust,_160 Olympia Ave.nue, Woburn Date of Purchase AUK. Ll.L 1973 -Previous OwnerThornas J. Carens, Trust b)' If appLicant is not owner, check his/her interest in the prc*miscs: --Prospective Purchaser Lesee Other (explain) 44 Size of proposed building:4gl-6.11___front,1401-611 feet deep; Height I -stories: 9---LccL. a) Approximate date of crectioti:— Fa111991 b) Occupancy or use of cach floor: Restaurant c) Type of cons truction:_ Wood -Framed S. Size of existing building: -80 feet front: 67 feet Height 9, tor i es; r1terat X xx ion: a) Approximate date o XX lox 1973 b) Occupancy or use of each floor: C) Type of construction: Wood-Frmed G. Has tliere been a previoun appe.11. tintlor 7.0nitig, on thent.- preminer.? . Yes _ If so, w lien ?_aej)jg rqter 20, 1991 C=) Co C11 r rt I C-) rrl A Description of relief sought*on 'this petition to niodify de'cision Qf.2/20/91 0161-90). El . Deed recorded in the Registry of Deeds in Book �1 9 3 0 Page 188 Land.Court Certificate No. Book Page The principal points upon which I base.my ap�.Ii at c ion arc as follows: !...(mUst be.stated in detail) .4i (See' Below) o p a tile agree t �y filing fee, advertising in newspaper, and incidental expenses ntG_r sign, c o* Peti io jer Every application for'action b* the Board shall be made on a form approved y by.- the Board . These forms shall be furnished by the Clark upon request. Any communication purportirig to be an opplication shall ))a trentcd as mere notice of* intention to seek relief until such time -as it is.made oil the official application form. ALL information 'C'alled -for by the form shall be furnished by the applicant in the manner* �hcrein::prescri bed. Every -application shall be uubmitted with n list,of"'Parties In interent" '.which list shall - include -the peLi Lioner, abutters , ownern of 1,111d directly �opposite on any public or private street or way, and abutters to thc abutters 'wi thin' three hundred f act (300' ) of the property liiie of the 'pa t i ti'oner' as they appear . on the mos t recent appl i cabl c tax 11 s t, .!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 of c ,the amount $25.00. In addition, the petitioner shall b * responsible :for any and all costs involved in bringing the petition before tile Board.-. Y. Suchcosts shall include mailing and publication, but are not necessaril -limited to these. Every application shall be submitted with a plan of land approved by the �Board.' No brought before tile Hoard unless said plat) has petition will be been submitted ro ies of tha n-aed's re uirements re arding plans are ,attached *hereto or are available from the Board of Appeals upon request.' .Lls,r OF PAWKIES IN ItITEitEs'r * >4 T- d g/ ?A V V LIST OF PARTIES OF INTEREST ,,;j SUBJECT PROPERTY'_1 MAP IPARCEL ILOT INAM 0 JADDR SS A I P. -1 00e FAA114Y 713L/SrI267 Colexcgl&6 ABUTTERS.:t.::. MAP IPARCEL LOT NAME ADDRESS 46 2 ------Doe Family Trust 160 -_ * ' nue (Petitioner) - Woburn, MA 01801 46 1 Louis & Rose Sergi c/o Mrs. Domenic Messina 287 Chickering Road North Andover, MA 01845 46 4 John K. Prentiss 366 Salem Street Andover, MA 01810 46 5 Alfred J. & Elizabeth G. 209 Chickering Road Archidiacono North Andover, MA 01845 46 =1416&1 7 New Heritage Realty Trust c/o Pioneer Green Corp. 970 The Fellsway Medford, MA 02155 46 36 Michael J. & Rose Marie 233 Chickering Road Archidiacono North Andover, MA 01845 46 43 Josephint- L_ Messina 287 Chickering Road North Andover, MA 01845 46 45 Domenic & Josephine Messina 287 Chickering Road North Andover, MA 01845 Jt4ia A. Warelial 9 Bradstreet Read - North Andover, MA 01845 5-9 Flintlock Realty Trust B.A. & B.T. ffindieftP.j. Tiph P. 0. Box 531 North Andover, AIA 01845 73 usfie A. eulle 67 Cilariberry Lane North Andover, MA 01845 I? - AO Margaret V. Shaheen 35 Cranberry Lane North Andover, MA November 12, 1991 Frank Serio, Chairman Zoning Board of Appeals Town Hall North Andover, MA 01845 Dear Mr. Serio: My husband and I are residents of Cranberry Lane which is behind the 99 Restaurant. It has come to my attention that the Petitioner is requesting that the conditions of their variance be amended to reduce or eliminate the four foot berm on the perime- ter of their parking lot. I wish to have my objection to this change noted. I believe this berm is needed as a light and sound barrier. Due to the cutting of a large number of trees by the 99, residents of our street can now see through to the restau- rant. Once the parking lot is fully utilized this will become a nuisance for us. I believe the berm allows the 99 to obtain their additional parking without interfering with the enjoyment of our homes. I would be present tonight to state my concerns in person except that business requires that I be out of town. Thank you for you allowing me the opportunity to make my views known. MVS: srd Very truly yours, S gVet V. /haheen V. f I//,-) Iq I LO IZI, (n 00 -i r -i (a C) E 04 �4 04 44 0 �4 0 �4 > .ri (TI 0 0 r -i ro 4-J �4 �4 0 0 ') ri- N E-4 Z Lr) 00 F< �4 >1 a) p > > P 0 4-J F< 01 U 4-) �4 P co Lr) 0 z Conditions pertaining to the Reconsideration Restaurant: 1. A landscape buffer of White Pine and Hemlock to Six (6) feet in height will be planted sawtooth pattern eight foot on center with (4) foot spread a the base, along the entire Section A through section D inclusive to the adjacent to Bulgers Animal Hospital. for the 1991 trees five (5) in a staggered a minimum f our perimeter from stockade fence 2. Within sixty (60) days of receipt of this decision the applicant will submit a detailed landscape plan stamped by a Landscape Architect to the Zoning Board of Appeals for review and approval. 3. Said planting as referenced on said plan shall be completed prior to the issuance of a Building Permit. 4. It will be the obligation of the record owners to provide a continuous maintenance program to ensure the health of each tree. Unhealthy trees shall be removed and replaced with the same species to the size of adjacent trees. Received by Town CLerk: TOWN OF Nowrif ANDOVE11, MASSACHUSETTS BOARD OF APPEALS pr APPLICATION FOR RELIEF FROM T11L REQUIREMENTS OF THE ZONING ORDINANCE Applicant Doe Family Trust (99 Restaurant 267 Chickering Road Application is hereby made: For a variance from the requirements of Section Paragraph a and Table' 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 tile Building Inspector or other authority. Other: Modification of conditions on Petition #161-90.' 2. a) Premises affected are land and building(s) -numbered Street. b) Premises affected are property with frontage on the North South ( ) East ( ) Went side of Street, and known ar. No - street. General Bus. + c) Pxcinises affected are in Zoning DistricBUS2 , and the premises affected have an ar.ca oL7069-6 ---square fccE-and froiitar;c of IU&45--f cc t - 3. Ownership a) Name and address of owner (if joint ownership, give all names): Doe Family Trust, 160 Olympia Avenue, Woburn ------- — -------------- Date of Purchase A�u. 21., 1973 -Previous OwnerThomas J. Carens, Trust b)' If appLicant is not owner, chock his/her interest in tile premises: 'Prospective Purchaser Losee Othcr (explain) 4., Size of proposed building I -A It ___f ront;j 401-611 feet deep; Haight I _stories; VL feet. a) Approximate date of crection: Fall 1991 — ----------- b) Occupancy or use of each floor: Restaurant ------------ C) Type of construction: Wood Framed 5. Size of existing buiLdinrj: 80 feet front; 67 --feet dcep; Height 9--storics; ---fcc-c. alteration a) Approximate date Of X1XXXX1NK: 1973 b) Occupancy or use of each floor: -c ) Type of construction: Wood Fra)ed G. lias tliere been .3 previous appeiii, tiriof�r zonitig, or, tjjc:jc! Yes — If so, wlicn?SeDtember 20, 1991 'to Description of relief sought'on 'this petition de'cision oj.�/20/Qj (#161-90). 8. Dead recorded in the Registry of Deeds in Book '11930 Page 188 ..j ..'.'.Land. Court Certificate No. Book Page The principal points upon which I base.my ap�.Iication are as follows: ...(mUst be.stated in detail) (Se e* Below) W agree to pay.the filing fee, advertising in newspaper, and incidental expenses* Signature ol�"_�Ctitio er 91 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 purportirig to be an application sball be trented as mere notice' of' intention to seek relief until such time -as it is.made oil tile official application form. ALL information 'Called -for by tile form shall be furnished by the applicant in tile manner '�Iicrein%. prescribed. ....Every -application - shall be submitted with i list'of '."Parties Iii Interelt" �.whicll List ShalL -include the petiLioner, abutters, owncrn oC Itind directly lopposite on any public or private street or way, and abutters to the abutters I'wi 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 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. VJI, Every application shall be submitted with an application charge cost i :;the amount -of $25.00. in addition, the petitioner shall be' responsible :ior any. and ZILI COSLS involved in bringing CIIC PCLIL1011 OCLore the Board.-. Such -costs shall include inailing and publication, but are not necessaril Y.- -limited to these. Every application shall be submitted with a plan of land approved by the Doard., No petition will be brought before the Board unless said plan has been submitted Co ies of the Board's rervoirements re-ardinn plans are attached'hereto or are available from the Board of Appeals upon icquest. Lls'r or LIARTIES iN iu,rEitcs,r /VC—>e T— I I LIST OF PARTIES OF INTEREST AN :SU Bi ECT�P ROPER YY: 7-:0 IMAP JPARCEL ILOT 'NAM 0 JADDRESS I -A 4 (p I P. I 170—E FAH14,Y -rRUSI-1267 601exeA&N6 ABUTTER&:�:;�:i�:.�,.:::: MAP PARCEL LOT NAME ADDRESS 46 2 Doe Eamily Trust 160 01 mpia Avenue (Petitioner) Woburn, MA 01801 46 Louis & Rose Sergi c/o Mrs. Domenic Messina 287 Chickering Road North Andover, MA 01845 46 4 John K. Prentiss 366 Salem Street Andover, MA 01810 46 5 Alfred J. & Elizabeth G. 209 Chickering Road Archidiacono North Andover, MA 01845 46 14,16&17 New Herita2e Realty Trust c/o Pioneer Green Corp. 970 The Fellsway Medford, MA 02155 46 36 Michael J. & Rose Marie 233 Chickering Road Archidiacono North Andover, MA 01845 46 43 Josephine L- Messina 287 Chickering Road North Andover, MA 01845 46 45 Domenic & Josephine Messina 287 Chickering Road North Andover, MA 01845 59 50 Julia A. Warchol 9 Bradstreet Road North Andover, MA 01845 59 72 Flintlock Realty Trust D.A. & D.T. Kindred&P.J. Tighe P. 0. Box 531 North Andover, MA 01845 59 73 Leslie A. Cone 67 Cranberry Lane North Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Doe Family Trust 160 Olympia Avenue Woburn, MA 01801 D ate: Dear Applicant: Encl . osed-is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 5.80 for the following: Filing Fee $ Postage $ 5.80 Your check must be made payable to the Town of North Andover and may be sent to my attent ion at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk HARDILD MORLEY, JR. COUNSELOR AT LAW TELEPHONE SCEB-683-9423 413 APPLETON WAY FAX 508-794-4743 LAWRENCE. MAS'a 01'640