HomeMy WebLinkAboutMiscellaneous - 46 Marbleridge;lot 7B Marble Ridge Road . r
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�r Y,ANDOVER-`-
Tpy�N OF.HORTH AH
MASSACHUSEtTS
go ARD OF APPFALS May 19 1961
NORTH ".:. HOTI - , . given that
°.<"
Notice is hereby
.',�� Is will give
3? •,�' —? °< the Board of APPS
,.
a hearing at the Town
� • „ •
w Building, North Andover, on
F �` Tuesday.evening the 9th day
►o z"••—.: �` 1987, at
of 7:30
,......._, .M ,.y June,. .
"Att0• , to all parties in-
ss^CHus ":`` o clockin ttustee 01 Kin'
terested in the aPP�,ot'Df"d A.Kindred. 4.121;
dred Family crust requestinga ��4 it of Sec.
4.121,Para 7 01
pig 7 and requesting a variation of Sec. 11
e2ae 0.1 in-
the Zoning 811 law S0 as to permit continued lot
I closer than 10'teet;h, "he lot Une on the
ground p� ;'�78 Marbleridge. d
prernises,local ..AIVI.BY order of the Boats of Apps
T' < Frank Serio,Jr.,Charnnan
an
<M 21
d May 28,
Publish in North,A� `18fa Citizen ,a!" , 27569.-70
1987
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Legal Notice
AWN OF NORTH ANDOyEfl MASSACHUSETTS
Of WORV BOARD OF APPEALS r >
? <<•�•o, NOTICE
� 6�r;;,..�•�do _ May 19,i9ei
o� Notice is hereby given that
* - n the Board of Appeals will give
* �_ x a hearing at the Town
Building, North Andover, on
Tuesday evening the 9th day
�cMus of June, 1987, at 7:30
terested in the o'clock, to all Parties in.dred Family Trust requestingDaa Specialvid A. Kindred, trustee of Kin-
Parag 7 and requesting a variatiof Sec. 4.121,
the Zoning By Law so as to Para 7 of
ground Pool closer than 1p;mrt Continued a)dstence of in-
Porn
Premises,located at Lot 7B M be
9 Hoad
lerid the lot ling on the
. .
By Order of the Board of Appeals
Publish in North Andover Citizen May
ank Seno,Jr.'Chairman f
1987 y 21 and May.28,
27569-70
Legal Notice I
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS ,n
of HoerN NOTICE May 19,1987
o Notice is hereby given that
the Board of Appeals will give I
p a hearing at the Town
moo __ * Building, North Andover, on
o -^�� ti Tuesday evening the 9th day
yss^CHUSof June 1987,at 7:30 o'clock,
to all parties interested in the
appeal of David A.Kindred,trustee of Kindred Family Trust
requesting a Special Permit of Sec.4.121,Para,16 4.121,
Para 7 of the Zoning By Law so as to permit continued ex-
istence of inground pool closer than 10 feet from the lot line
on the premises located at Lot 7B Marbleridge.Road
By Order"e Board of Appeals
Frank Serio,Jr.,Chairman
Publish in North Andover Cken May,21 and May 28,
1987 27569-70
ji
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a `. ACHU9�C
TOWN OF NORTH ANDOVER
�. MASSACHUSETTS
,,i'
!I BOARD OF APPEALS
NOTICE
. . . . . . . : . .May .19 -19- 87
. - Notice is hereby given that the Board of Appeals will give a
• hearing at the Town Building,North Andover,on. . . •Tuesday
evening. . . . . . . . . the . 9.th day of . . .June. . . . . . . . . . . . .
19 .$7, at 7:3 o'clock, to all parties interested in the appeal of
David A_. Kindred trustee of Kindred Famil Trust
. . . . . . ,. . . - . . . . . . . . .Y.
Spacial Permit of Sec.4.121,Parag 7 &
requesting a vanation of Sec..4:121;• Para 7 • . .of the Zoning
By Law so as to permit. . . . . . . .
. . . .
continkigd. existence• of Anground pool• closer than' 10 feet
�. .,.
from•the- lot -line: ; : . . . . . : . . . . . r
'r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.on the premises,located at. . . .Lot- 7B •Marbleridge •Road
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By Order of the Board 9f Appeals ,
Frank Serio, Jr. , ,Chairman {p}
I Publish in N. A. Citizen on May 21 & May 28, 1987
:
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Ck 111 'x"915,,, u•''��q9 _ :•; �1!
G1eC\L. . TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition of: Petition: #75-87
David A. Kindred, trustee '
of _Kindred Family Trust
46 Marbleridge Road
N. Andover, MA 01845 DECISION
�* r
The Board of Appeals held a public hearing on June 9, 1987 on the application of
David A. Kindred, trustee of Kindred Family Trust requesting a variance from the
requirements of Section 4, Paragraph 4.121(7) and a Special Permit under Section
4.121, Paragraph 7 of the Zoning ByLaws so as to permit continued existence of in-
ground pool closer than 10 .feet from the lot line, on the premises located at
46 Marbleridge Road, Lot 7B. The following members were present and voting:
Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson,
Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on May 21 and May 28, 1987
and all abutters were notified by regular mail.
Attorney Willis spoke for the petitioner stating that the house is located 200'
back from the street, and the pool and cabana are at the rear of the house. No
objections were received from the neighbors.
Upon a motion by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED,
. unanimously, to GRANT the variance and special permit as requested.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaws and that . the granting of this variance and
special permit will not derogate from the intent and purpose of the Zoning ByLaws
nor will it adversely affect the neighborhood.
Dated this '15th day of June, 1987.
Sincerely,
BOARD OF APPEALS
1
Frank Serio, Jr;/ C,'
Chairman
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w TOWN OF NORTH ANDOVER !J
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
David A. Kindred, trustee
of Kindred Family Trust Date . . . . . . .June- 1.5.,• •1987• • . • • • •
46 Marbleridge Rd.
N. Andover, MA 01845 Petition No.. . .75.$•7. . . . . . . . . . . . . .
Date of Hearing. June •9, - 1987
Petition of . . .David A. Kindred, trustee of Kindred Family Trust
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . ,46 Marbleridge Road, Lot 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of theSe_ction 4, Parag. 4.121('
and Special Permit under Section 4.121, Paragraph 7
of the. Zoning. By.Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit continued existence of inground pool .closer than 10 feet from the lot line
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .
After a public hearing given on the above date, the Board of Appeals voted to .. .grant, , . , , the
variance. A .speQrA! .permit. . . . . . . . . . . . 'vV �i�1�4�XFd's to`�X3S�h�`�l�X
as requested
XXYAMftXw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
'L_t" )/
Frank- Ser o; -Jr.. , Chairman
Alf red. •Frizelle•, Vice-chairman. • • . . • '
• Augustine. -Nicker-son; -.Clerk ' ' . . . .
Walter- -S-oule. . . . . . . . . . . . . . . . . . . . . . . .
Raymond -Vivenzi•o" . . ' ' . . . . ' • ' . '
Board of Appeals
From the desk of
JOSEPH O. CONTRADA
Dave,
As I an still unsure of my ability to be there
in person for the meeting, I have sent this off
to the Board to be sure they have it frcm me by
June 9. (As I told you the other night, I was
afraid it would lack credibility if you were to
deliver the letter)
I will still make every attempt to be in attendance
for the meeting.
k
1.;�
June 1, 1987
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
We have recently entered into an agreement to purchase lot #25 on
Castlemere in North Andover and to have a house built on it. Our
property is directly behind the parcel of land owned by David
Kindred that is the subject of an appeal before the Board .
As you know, Mr. Kindred has requested that the town allow the
continued existence of his jacuzzi bath and cabana at distances
from our property that are both less than the legal minimum.
Prior to making his request of the town, Mr. Kindred asked us if
we would be willing to re-define the back of our lot in a fashion
that would alleviate the deficient distances. For several
reasons, we were and still are unwilling to do so.
We would however, have no objection to Mr. Kindred being granted
his variance, and would go so far as to recommend to the Board
that it do so. Mr. Kindred has assured us that he would remove
the part of his fence and patio that extend beyond the property
line. He has also promised to construct a fence across the back
of his lot behind the pool.
Once all this work has been completed, we are confident that it
will make no difference whatsoever to us if his jacuzzi is one
foot closer to our lot line that is required by law or if his
cabana is eighteen inches closer that it should be.
Thank you,
Of . Cont rada ` Colleen S. Contrada
20.9 Bridges Lane
North Andover, MA 01845
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June 1, 1987
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
We have recently entered into an agreement to purchase lot #25 on
Castlemere in North Andover and to have a house built on it. Our
property is directly behind the parcel of land owned by David
Kindred that is the subject of an appeal before the Board .
As you know, Mr . Kindred has requested that the town allow the
continued existence of his jacuzzi bath and cabana at distances
from our property that are both less than the legal minimum.
Prior to making his request of the town, Mr. Kindred asked us if
we would be willing to re-define the back of our lot in a fashion
that would alleviate the deficient distances . For several
reasons, we were and still are unwilling to do so.
We would however, have no objection to Mr. Kindred being granted
his variance, and would go so far as to recommend to the Board
that it do so. Mr . Kindred has assured us that he would remove
the part of his fence and patio that extend beyond the property
line. He has also promised to construct a fence across the back
of his lot behind the pool.
Once all this work has been completed , we are confident that it
will make no difference whatsoever to us if his jacuzzi is one
foot closer to our lot line that is required by law or if his
cabana is eighteen inches closer that it should be.
Thank you,
p . Contrada Colleen S. Contrada
209 Bridges Lane
North Andover, MA 01845
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received by Town Clerk: Raw,` 3`/cp
L NC�F
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
David A. Kindred, Trustee ,
Applicant_nf K;n l:ed Eami_LY_TusAddres.s46 Marbleridge Rd._ North Andove
1 . Application is hefeby made:.
a ) For a var iance from the requirements 'of Section442.1 Paragraph 7
Z;]K)JX]t)PRXeXXXXXXeXY the Zon i ng By Laws .
b) For a Special Permit under Sectior4121Paragraph 7 of the Zoning
By Laws .
c ) AX3�X ��CsXXXI�XXXXKXxX3�4� X7X �
structure
2 . a ) Premises affected are land _ -and � 9[XXX _numbered Lot 7B
Marbleridge Road__�______-�__
b) Premises affected are property with frontage on the North ( )
South .(X ) Last ( ) West ( ) side ofMarbleridg. _goad___ -
9XxxxXXX)'mXJXftPMXXXXRWX Lot 7B _MarbleridRoad �0 •
c ) Premises affected are in Zoning District R2_, and the premises
affected have an area of 51,635 _square feet and frontage of
166. 70 feet .
3. Ownership
a ) . Name and address of owner ( if joint ownership, give all names ) :
David A. Kindred,_Trustee 'of Kindred Family Trust
Date of Purchase 4/5/85 Previous OwnerDavid and Brenda Kindred
b) If applicant is not owner , check his/her interest in the premises :
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: N/A front ; feet deep;
Height stories ; __feet .
a ) Approximate date of erection:________
b) Occupancy or use of each floor : _
c ) Type of construction:
S . Size of existing building:_VA___ _feet front ;_ _feet deep;
Height ___stories ; _ feet .
a ) Approximate date of erection:
b) occupancy or use of each floor : _
c ) Type of construction:
6. Has there been a previous appeal , under zoning , on these premises?
N 0 _ If so, when?__`___
: on this petition Vv'ariance and or special
Description of relief sought
hermit under section 4. 121 aragraph_7 of the zo6ing bylaw to allow continued
existence of inground pool closer than 10 -feet fr-pm the lot line.
8. Deed recorded in the Registry of Deeds in Book '1960 Page 195
Land Court Certificate No. Book Page,,
"i"g.
.'
The principal points upon which I base my application are as follows :
(must be stated in detail )
Swimming pool as constructed will not adversely -effgce the neighborhood nor caill
it create any nuisance or serious hazzard to the area ,-and that the location is
an a22rol2riate location for their tool. Further the.-allowance of the continued
existing of the constructed pool at a distance -closer than 10 feet from the side ;
ine can a grantea7 ithout .seriousy impacting any of t e a utters to the
I agree to pay the filing fee, advertising in newspaper , and incidental
e xpens
!za, �
Signature o- Petit.io r (s
: 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 Yherein;: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 ,%4i thin ' three hundred feet ( 300 ' ) of the property line of the
,t petitioneras they appear . on the most recent applicable tax list,
f.. notwithstanding that the land of any such owner is located in another- C-1 y
or town, the Planning Board of the city or gown, . and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an appi.ication charge cost in '
the amount of $25 . 001. In addition, the petitioner shall be responsible
for any and all costs involved in bringing the petition before the Board . .. .--',f?',
Such_ costs shall include mailing and publication, but are not necessarily
limited to these . ""a
Every application shall be submitted with a plan of land approved by the
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 .
:;�.... LIST OF PARTIES IN INTEREST
Name Address
% DAVID A.• and BRENDA KINDRED 46 Marbleridge Road
North Andover, MA 01845
,FORBES REALTY TRUST 401 Andover Street
-North Andover, MA 01845
1�/r•RANCIS. and RUSE ANN DENUNCIO 143 Sandra Lane
North Andover, MA 01845 ;
. '�MARIO and RENATA CAVALLARO .. 119 Autran Avenue
North Andover, MA 01845
--'ROBERT J. and .DONNA M.. Cuomo 59 Sandra Lane
North Andover, MA 01845
ELDER _.N_.-andJGRELE��-RPPt Great Pond Road
North Andover, MA 01845
•-/'�ARBLERIDGE DEVELOPMENT CORP. . 401 Andover Street
North Andover, MA 01845
` E.F. and LUCILLE C. ZEALAND245 'Great. Pond Road
North Andover, MA 01845
(use additional sheets if ' necessary)
* property whereas the forced removal or abandonment of the pool as construc;t.ed... :
would cost due to serious and substaCG (1 Fina tials ip the petitioner'.`:..
-2 APPEALS
TOWN
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I' FTH ASca�Gv , 11ASS. ,,,.M... 18 JUN
:C /981
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Date: _ 4
Cyj�' U
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ f for the following: .
' Filing Fee $
Postage $
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
Audrey . Taylor, Clerk