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Miscellaneous - 95 CANDLESTICK ROAD 4/30/2018 (2)
I North Andover Board of Assessors Public Access Parcel ID: t210/106.A-0108-0000.0 SKETCH Click on Sketch to Enlarge Community: North Andover PHOTO Nv rtcture% F Ari *1 aft b I ce Location: 95 CANDLESTICK ROAD Owner Name: MITCHELL, CRAIG S GEORGINA A MITCHELL Owner Address: 95 CANDLESTICK ROAD City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 8 - 8 Land Area: 1.72 acres Use Code: 101- SNGL-FAM-RES Total Finished Area: 2646 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 516,400 494,000 Building Value: 311,800 299,100 Land Value: 204,600 194,900 Market Land Value: 204,600 Chapter Land Value: LATESTSALE Sale Price: 150,000 Sale Date: 09/08/1983 Arms Length Sale Code: Y -YES -VALID Grantor: TROMBLY, CHARLENE F Cert Doc: Book: 1719 Page: 127 Page 1 of 1 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=467473 7/21/2005 N N 0 0 N N O O U 1 IX IO ��xIx0 o c6 O N U� C V U O_ N O N aCL in O C O co, S�WUSl O O N O O to ~ r r H N r 0 Y O f0 a� J0 Q ` m _N C U U Q Ncc0000 Q 0 r 2 0 0 0 0 J_ m S a c 9 J_ m E E 0 U - 0 1 0 t, C* I--IL p 0 J, O �a ! C � oi_iL:I a> Y mU� 3w m io 0 J Do Q N Z W CDYW o J �� �0 p Q' Z os r a 1, N LL J�in w Z . U) O W J U mdU aJ U 0 Q N J LY �' O O J m Uo , 40 00 CLQ 0 a �rn r 0 d H a m U a C m m 3.N00 .O 00 tU N Q) N N f0 f0 m (tl � U)U)coco(D O J O O N O O to ~ r r H N r 0 Y O f0 a� J0 Q ` m _N C U U Q Ncc0000 Q 0 r 2 0 0 0 0 J_ m S a c 9 J_ m E E 0 U - 0 1 0 t, C* Z O O O H a CO CD 00 CQ rn v o 0 0 J Do Q N H Z fA 2 CDYW o V �� �0 N Q' Ua yC o a �Z Ja J�in w WU Z2 IX cHW ESC �t9onz a 0a p O 00 CQ rn N H O 0) N r U � J J 3.N00 Y Y m0M i N tM O O WeZ } 3 Z N °� O Z � 9w a -aio J J 2z N O w ON Quo Z oo LL Z ?O r+0Q p.. LL (o .- rnArqw Cl) N 126 WER wkv N LO �y tnv Q a � Jva J a Gr to jmm to �cn< o0 Z O 000 LO 00 U r w p a O m m U�n� Fo—F O O C O F- 2 �= O z (1) U a an o O r act ImM co r rLf) C.4M m Q 7 r N w Q Ei i 0 t) v y J Q c m "--CD LL N V .. E00 EZ ' �U)U)o N C U) U Y O O= O 41 QMLLCo �2U)o<< to 0 r (D � s i -_ LO t�0 rr N rr:7Q O ago a C @ W NN V 0 Q EQ mQ 5- E od ti' y == LL c Q C m m :� E 66. N@ W U O O a C O i O U � n < :D ui >- d- o Q Z mto oa Q hef Nr HH Qfr . ui m LL r T4 W iii LL.. U cq U E a°000 00 o @its-- mc='JU0' C�C�� m __ �•`am° 00 - c E EU H000Li2wcoRLu mmQ m N L) 0U)mU 2C9NZ as I` o ai U _ °) - Zl m T> CL a)a H U ai Zo� 0 c ~~ aw v W u vUiinixw�li =LLLLU dd R, 0 Cb kA 0 N tI0 r` i E E O U 00 0 d U j U U Q W A U F- U U o a O � w o U a O L � y •L � 3 L "C � 0 3c� e a v M O O O O � N O O 6 N cn c N ti G O � � Q o a� p an a> = M a Z 0 0 0 aov�3aa O ¢ o It � oo o -� � E R z a O a a V F W07 N� C o i E E O U k :�c (� g -)d& 0 igoo GAL. StP-n C TAN K (� 4" 6 V I BRE. P { PE N �, -- i� 1 STS• BOX ' m m Q � ii 4— 11 t i 1A INJ I rn rfi p rn• �, , ti -� c � � n i � z Tt C m cr r �m R� ii 4— 11 t i 1A INJ I i r .A _ •'f 0 � 1h � ;;r } t , flan � t c � ' .. ,' _ _ . �- Commonwealth of:Massachusetts City/Town.of NORTH ANDOVER MASSAC MTI ES -j System pumping Record 5, Form 4 SEP - 6 2006 DEP has provided this form for use by local Boards of Health. The g®iup gtcTo d mu; be submitted to the local Board of Health or other approving authoty A. Facility Information Important: When filling out 1. System Location: forms the 957 computer, use „ f% only the tab key Addres to move your 166 cursor • do not use the return City/Town State — key. Zip Code 2. System Owner: Name Address (if different from location) ---••—' -'•'-------•-••----._...__.___—.____.__._.___. City/Town •-------------- State ---- Zip Code _ Telephone Number - B. Pumping Record -- 1. Date of Pumping�6— oat 2. Quantity Pumped: lons --- - 3. Type of system: ❑ Cesspool(s) (Septic Tank ❑ Tight Tank 4 5. F 7 http://www, masg, goy ❑ Other (describe): Effluent Tee Filter present? ❑ Yes o r Conditio of System: If yes, was it cleaned? ❑ Yes ❑ No kemped By: �-�- - c._.... 61'-/� vehicle License Number — company VtQ t5form4.doc- 06/03 System Pumping Record - Page 1 of } erillAl MA 11 MC4 MARK cam, as AUC, _~ t -,,.e BEWCW MARK It 11-x' l P S1t7iNo.,F- Or- Hyc>RA►NT OW f.!' 4t>LESTICt< (R(:)AD Acne' SS 4M LOT IS, ELSV 100.00'AsmD Off' SkAiLOW f_►TS, Cs .PAC, 274.5 GPD EA. 'VC-rA L SZ3. 5`GPp. !'Y f / � �.. I. too WET AR#AS OR. 5si R Aca �l i .�-' � •t"a a Si.��tS;�.��AiCE t7Rf41hd V�ltTt�tN• 14`74�t�� ,M0 WG L b^ w tTRI tv 100. 4. Q0 4GASeA4-C GRINDER UsEx_*� `7j'{ fL ....1 ALL 'TVr-1 4-1 S, i1 SfAAL.L'3G V � r� �'.,� tart Qti � s7 4�•f � R �1 � S.Gz � tiC t� t �.i�> 101 kN 44-L t)jREcl'j0:4S /AND RE 1 -- -- j � WMH aAta« CR4VCFILL. i 1 Eal LOTAZT 10 t.4 TasT - - i5, 239 9 Wa.-rer-.t sr__r_vic I iSP06SA,L SY SN t--- MAN 23, k3'77 DESIGN DATA 4 CAI.CULA-CtOt35 $01L Das E RVAT IONS 13YC- 0 PERCOL.AT 10 -TEST K0 _ ^! 1 2, 3 4 $ DAVE _GALs.j SF 101. G GPD TOTAL_ PIT LEAG+• w� r CAPACITY _ _ _ _ _TOT' -ELEVATION ��o.(�� - - •-- _ _�__ ___ �_ BOTTOM-ELEVA'TION T�EIJCHE.S : �SA1'URA710N -MNS. L1kA13LE 76 SATU RA: Z-: GAL./LN-'PT- AL./L1N-'PT.BOTTOM 1B 0-TTO mAREA SF/LT: x GAL. Lim.FT. -TOTAL-MENCH LEACHING CAPACITY _ — _ — — GAL/ LIN.PT. G_9D PLOW =— G[�L �L1>y.Pj.= L.F.TRENCNES REQD. USE L.F 9" —•- 6"' DRoo -MINS. P E R C.. R bJ E - MIN---- �S6_% PROFILE -DEEP PIT NO. i 1 2 3 4 - DAT F_ - DATE 16 14('7'7 PRE -PREP RED. PIT I 'To P- ELE VAT (ON 99.00 0P lKSU I- ICIE NT `TOPSOIL p_„ DEPTH. D SIGN VIA-'CIveLF P SUBSOIL Ort. 2 ! '� 8 3" OE LE.Y, _ _PARENT SOIL 2L3-' 6'3 90•` E U S D Is uz - WATER TABLE ; SILTY 'ECT 70 WN1P MM- TtLL 4-TIOR IN SPRNG i WA7 E f( Orr WATI±R?ABLE E LEvAT'IoN-- BOTTOM ELEVATION BUIL�1NCzT`(PE DWELL{NG 4 E3R 4- T:7AMIL.Y RQO4M. -- — - .5 $.R.,oR x SO GAL. jUNtT GPD FLOW S© C -,PD Flow x 1S07 GpD USE t -'-"0GALS EPT1C -TAtAK Ll`AC.H 1 NG AREA BED . C=PD FLOW x SFJG-AL-- SF Se.D USE SF PITS : TYPE 4 MvR.(TYP) S4FA SHALLOW PITS WtTW 2� (fl STONE PERIhAETER SIDEWALL AREA : 94' S SF. x k,83 &A.LS.j SF =_4�2• GPD BOTTOM AREA :_ l3-t,�SF x_ Q."1? _GALs.j SF 101. G GPD TOTAL_ PIT LEAG+• w� r CAPACITY _ _ _ _ _ _ _ _ 2-14-S . GPD /PIT J 5O_ GP D FLow _ GPD/PIT = ,'� PITS REQ'D . USE PITS T�EIJCHE.S : SIDEWALL AREA SF/LFx GALS]-s = GAL./LN-'PT- AL./L1N-'PT.BOTTOM 1B 0-TTO mAREA SF/LT: x GAL. Lim.FT. -TOTAL-MENCH LEACHING CAPACITY _ — _ — — GAL/ LIN.PT. G_9D PLOW =— G[�L �L1>y.Pj.= L.F.TRENCNES REQD. USE L.F NOTES _ _..-. --- ---• G F_ 2. a G - f j> wZ r 0 L x 'PA,o r 3 of 4 r f a Lo Q i 00 wr tAW �Z wr�i 1 o wrj ho d Lat U U 4 -Jti Q N W IL z � i - co N J ,6 ►� �► �T 7 _ 0 d 1• �2 y x 'PA,o r 3 of 4 r f a Lo Q i 00 tAW �Z o IUtu JU ho d Lat U U IL z � i - co N J ,6 ►� �► �T 7 _ 0 x 'PA,o r 3 of 4 4 ,y J k too.. w • i NOR51H ANDOVER, .BOARD OF HEALTH ' SUBSURFACE DISPOSAL SYSTEM CHECK LIST 4PPROVED PROVIDED DISAPPROVED AJC PVA leg. 2.5 Reg. 6.1 Reg. 6.7 Reg. 6.$ Reg. 6.9 Reg. 6.1', Reg. 6.1E Reg 3.7 Reg: '9:1 Reg, 9.6 neral Information The submitted plan must show as a minimum: �a) the lot to be served (area,dimensions, lot #, abutters) (b) location and dimensions of system (including reserve area) (c) design calculations (d) calculations showing recuired leaching area (e) existing and proposed contours (f) location and log of deep observation holes -distance tao'.ties (g) location and results of percolation tests -distance to ties (h) location of any wet areas within 100' of the sewage disposal system or disclaimer (i) surface and subsurface drains within 100' of sewage disposal system or disclaimer (j) location of any drainage easements within 100' of sewage disposal system or disclaimer = k) known sources of water supply within 200' of sewage disposal system or disclaimer (1) location of any proposed well to serve the lot (100'.from leaching facility) (m) location of water lines on property (10' from leaching facilities) (n) maximum ground water elevation in area of sewage disposal system (o) location of benchmark (p) plan must be prepared by a Professional Engineer or other professional authorized by law to prepare such plans (q) driveways (sgarbage disposers ) a profile of the system (elevations of.basement, plumbers pipe septic tank,,distribution box inla;ts..and outlets, distribution field piping and any other elevations) (t) no PVC is to be used in construction ptic Tanks (a) Capacities 150% of,flow (b) Water table (c) ' Tees (d) Depth of tees. (e) Access (f) Puryping (g) Cleanout (h) 10' from cellar wall or inground swimming pool ~(i) 25' from subsurface drains IPump s 'Approval ., (b) Stand-by power r J: • r N, Jth'Andover Subsurface disposal system check list -Page 2 Faij CKDistribution Boxes i Reg.10.2 (a) Slope greater than 0.08 Reg.10.4 b) Sapp eaching Pits 'Leaching pits are preferred where the installation is possible ,(a) Calculations of -leaching area (minimum 500 S.F.) Cb) Spacing W Surface drainage 2% '(d) Cover material eaching Fields (a) Greater than 20 minutes/inch (b) Area (minimum 900 S.F.) (c) Construction of field Surface drainage 2% (e) 201 from cellar wall or inground swimming pool hill Slope -(a) Slope y/x = (to be shown) (b) y/x X 150 = (to be shown) SOIL PROFILE & PERCOLATION TEST DATA Town/City No. &Street_ ��,-,�,/C. Lot No. Loc. /Subdiv. ✓ ,' ,-, Gc>�ic��plan Owner /6/. Investigator �/�0 ,/; r Observer V SOIL PROFILES -DATE-- \ 3.. 2' Elev. Elev. 4'Elev. 10 l0 77 0 40/ 0 0 l\� 3 2 K S v 6 . - 7: 8 9 2 1 3 4 5 6 7 8 9 7 8 .. 9 10 10 f 10 10 Benchmark- Location - Elevation Datum Percolation Tests -Date 2 7/77 Pit Number 1 2 3 4 5 Start Saturation Soak -Mins. Start Test -Time Ne Drop of 3" -Time Drop of 6"-Time- Mins.1st 31'Dro Mins . 2nd 3"Dro =J a �KeLcnes on bacK 'JFrank C. Gelinas & Associates, North And. V Em V ice. �F �' '�.•+� � ' F Us f -i rr� Gi'� o 3 NORTH ANDOVER BOARD OF HEALTH r INSTALLATION CHECK LIST APPROVED DATE DISAPPROVED DATE hXCAVATION OK RZASONS s FAIL 1 OK 1. Distance To Wetlan Drai We 2. Wat6�ine Location 3. No PjPipe 4 Septic Ta Tees Length & To Clean Out Covers Ce nt Pipe to Tank - On -Both Sides of Tank 5. Distribut' n Box Cove & Box - No Cracks ro Lines Flowing Equal Amounts Back Flow 6. Leach Field or Trench Dimensions Stone Depth Capped Ends Clean Double Washed Stone 7. Leach Pits Dimerions ne Depth Splash Pads Tees Cement Pipe to Pit - Both Sides Clean Double Washed Stone 8. No Garbage Disposal :`-Final Grading Inspection 'IO-Barracading Covered System As - d Lot Location Dimensions of System Location with Regard to Pere Test Elevations Water Table t &J v. ►J TA 0 K. t.; v OU T Thi, N 1C fJ V: 1 113 D, P (7 k INV. GVT D. go X P t T 1 1rfY, PIT Z INV. PST' i cZ, Ab I OZ. os {c1 . q? 101 . ?> q'3 . 1. ail Zr 4 A P) v t i.___. -T ` 11j �ttitC:�4NEE2S �. �,1�-N R"�1-7-5 N�caVG— M TOWN OF NORTH ANDOVER SYSTEM PUMPING R-ECOR_D I EM OWNER & ADDRESS Nov — 4 'SYSTEM (ezamPIt: Ie(( (rpni U( h 0 L Fro o--c- �,�, OF PUMPINC: (QUANTITY PUM('ED/�b .�,)I'OOL: NO YES SEPTICTANK: NO YLS "PURE OF SERVICE: ROUTINE K Efv1ERCENCY IzV TIONS: C OOD CONDITION HFAVY CREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER I,'ULL TU CO BAFFLLS--- LEACHFIEL D IZLN�AC'R FLOODED — Oj�HFR (EXPLAIN) >`. > I 121"1 PUMPED BY 7� J) I NI rNTS: ,J-� I I ^ I 1 RANSFERRED TO: �C aT I ,>fS J/1;1.,�1�7 '' i;v'': .:,• �!.r:.., ,� r.•.' , AIVDOVERw MIC ,, ul m P,.7 .in'�''`cord i (� a: .1'. �.,'!itSt: , VW�; i::�•��'l �l yji•, �a t'rJ7�: A: (�,..�It� �,n�p r`'?4+Iril�r .FEB V %�1;��+,�flrgal •.. r t'� 1 , r,'ih7;... ;y, r':u•w, r,? .' LO•oU� 6 provided Xhts form for use by local Boards of ealth, The S s be :ubmlttad to tha.►ocal'Board or Health or other Y tem Pum Ing Recofc !r s Vis•: •:;;,,:::,:r r<:7,';i..r,';;s. aPPr w�rgNacplffiotIANDOVER HEALTH DE ARTMENT A; Facility lnforift lon RQrtLr •`r,riYh4r1 (liana Out • 1 r . System LocatJon; mN the tab'koy Address to move your do�Qt •�-`'` `us�'thi�rowm�y`'��'i,�.; :,,Clty[i'own .. , , ., :.�.:. •'r. • ?•''.� �,,�1w�r,;�;'�;; ;;.;''''':;i�t''�.�I;r,•;:,: ''��;,:;,:;:.;�:,;' .. Slate FP Coda .SYStern 'O. ft •;t,Y ,.r,..;�,.t.i2•r finer'' ',:` rf' : ✓,�� y � �'; V� �l.tv''%.��.:'ir'i •i l ,. r+ l,, i a1 • . q�nj, ;!'t ''' . Nam# ,.1, '. t.;�Siofj'';,,.,t,'r,�.'P':tr,.,,J'.:E:,r.��,'•'o. .;:',,J.;'',•,�,�'; :f. 777. ri'. � : a.! � •.•t',i:' ���' 1•}d.Srir•�',�;;!' "`° '; K ;V Address (If dlt(erent from location) %lq/IQwn.' Telephone Number pUm.pl.C1g',Re•�ord;! ,• •'` "•t/'�: •` .yi., •;ii::iJl:i ivCrFl�'�titt7,,.r/,liragr:1)�1�'�I1�,�•,L�'t;I •, •'�'' . r • of Pumpinq'`;:;'� 2. 'Quantity Pumped. ze " YP.a ot,system;'; '''[] Cesspool(s) Septic Tank ❑ Tight Tank (lOther (descr1t. t /,, r..,:JS r; :, •til, ' :i o. ...,.'� , Effluent Tae Flite� resent? .[] Yes ❑ No It ` ' P yes, was It clean trrly ,I/a(ltGic': o I t�Y',rl�•a: J ed? ❑ Yes p N +(••. r,, ir'„ .ry' fuel r:, .��. �'•,�';1�';� f,;Cor>dlpo,n,Qf.'3y; .. .. - ,',' , r. '.r.'1^,;�1i;',•S�''rViYY•(J'1�r�1/l•Ji it • I +•. j1.,,1� Ir 7/•jl:',n,'n'•'.' � ... . V•:.:r.,.;,.; '•'�;if';71,,�'� 1, d r,p !}Y,'i�;a�,. ,_ ''',' ..i',: r:�::.tri•1Y::1+trJ;��o:+;r.+i+;'i�'�' ll' `:'�:�''i ;; a°# �r i� a1i11•r�Wi,r'i,r,;'y� ,'•,,rt��. ...,. ' t'1+ :��: �•• '` � �' r��Jlrti �'r :I `• 1 •'+fY,�y�'il' � 1 y��al�,'it'1ti.v��',7 '.: ' ✓e, •''!''i �'rj ,,t �' \'1u' it1 r 1 � t/'+,.� •1it(i t • �•i i „.���y %'•��• r +•r• 1'+.•r�HY,Z•1�4 1� �Y.'a: r'� f' ���,'1•.i'', . i I ' ';{ 'T.f;r.f: ren � �,,.0� .1 j n . �Jt,� .�:� (•i:i ; t(;:: on.wherecontents' ere �•J: (` �'Y,11, 's ,:1.I' .: I,.. •; J.0 I;•(;•!; :.a�+��,}7�r1�`•1(�/� v^✓/ '1' f ' •I:j �;.IN•'i'•.'•t'C 1' ,1 1, rl '1Fy'�i,N �'.�•'�Ji„p C 1'r r„' � � •r�t.'`l"l.l��%' b,1}' �'.+•: i 1 �,: •v,'.; 1 wrt •.c y� 1. '• ,;:;::'� i ;�. •,. ,;..,' Sbnailur of,Haulm;�i,:i�,;,t,,;,.:.,:.1:.. ht>pJAtivw,maas,gov/dep!water'/approvaJslt6forms,htm# Inspect • .'\',1;. ,,�, ',.r",,1/'':ill.,• ,a^c ;�J,� Sytlem Pumpinq Record ' Paye 1 c' RECEIVED �L\ Commonwealth of Massachusetts CitylTown of DEC 15 200g System Pumping Record TOWN OF NORTH ANDOVER Form 4 L HEALTH DEPARTMENT a DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be, substantially the same as that provided here. Before using this form, check with your local Board of Health tQ determine the form they use. The System Pumping Record must be submitted to the local Board of Health of other approving authority. A. Facility Information 1. System Location: Left side of house, Right side of hous fro�ntofouse fight front of house, Left rear of house, Right rear of house. Left rear of building. Right rear of building. Address City/Town CAZ_" State 2. System Owner: Name '1 Aaaress (rt anterent from location) City/Town B. Pumping Record 1. Date of Pumping 3. Type of system: ❑ Zip Code State Zi Code Telephone Number Date 2. Quantity Pumped: Gallons Cesspool(s) eptic Tank ❑ Tight Tank ❑ Other (describe): 4. Effluent Tee Filter present? ❑ Yes allo If yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: � �� �� � �-- 6. System Pumped By: Neil Bateson Name Bateson Enterprises Inc Company 7. Locatio here contents were disposed: G.L.S. Lowell Waste Water Signature of Hauler F5821 Vehicle License Number Date 45�'e_� t5form4.doc• 06/03 System Pumping Recons • Page 1 of 1 k T • �� np ♦ E r Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ?°•`•`�`. do July 6, 1988 o� Noticeis hereby given that the Board of Appeals will give a hearing at the Town x mer r Building, North Andover, on Tuesday evening the 9th day CHUs of August, at 7:30 o'clock, to all parties interested in the ap peal of Georgina and Craig Mitchell requesting a Special Per- mit under Sec. 4.121, Para. 19 of the Zoning By Law so as to permit operation of a day care center for no more than twelve (12) children on the premises located . at 95 Candlestick Road. By Order of the Board of Appeals Frank Sedo, Jr., Chairman Publish in North Andover Citizen July 14 and July 21, 1988 61843-4 EXTERIOR CAKWASH Real Aw Estate 5' NEW EXCLUSIVE \z -c \G. 1 TOWN OF NORTN ANDOVER `' MASSACHUSETTS � BOARffOF APPEALS NOTICE E; c? .•,`=,10 July 6, 1988 —'� oo Notice is hereby given that the Board of Appeals will give 41 ; a hearing at the Town Building, North Andover, on +;TM; ..«� Tuesday evening the 9th day s�CHUS of August, at 7:30 o'clock, to n,., •, all parties interested in the ap peal of Georgina and Craig Mitchell requesting a Special Per- mlt under Sec. 4.121, Para. 19 of the Zoning By law so as to permit operation of a day care center for no more than twelve (12) children on the premises located at 95 Candlestick Road. Byod r er of the Board of Appeals Publish in North +Andover Citizen Julank Serio,4 and July�n 1986 61843-4 OF No�N �e9al l ice �'�SACHBS�,SOV9t 9L's ' a theNohce �s herebJiJ'6' 19,% 4L z�� of y given that a h Appeals '.° Buildi�nIV at the will give �J'kNust� Tu n9' North A Town Peal Of aV eveningmer on all M# under Sec Tina Cr�9 Mitch � Jhter t° �1 day penult opera'o 121 para 19hell roquesQa� in the ap Candl ve ck )8, ren o he p the em �o tw /slo as uses 9 ted.at ts l+ publish BY Ord „� 1988 m North Andover Frani the hard ` 1 Citizen .Sego nd �U Pins Jul Chair h21 61843-4 Decision immm Planner questions height o By Michael Schoenwald Senior Reporter Developer Alan Solomont's pians to build a second nursing home in North Andover brought up concerns regarding height limitation and septic 'system design during a hearing before the Plan- ning Bohrd last Thursday, June 30. Solomont has already gained a special permit from the Zoning Board of Ap- peals (ZBA) to construct his 142 -bed "Nursing and Retirement Center of the Andover's," on 4.2 residential acres on Rt. 114 acrdss. from Berry St. next to the Harold Parker State Forest. Solomont's familv runs the 126 -bed Prescott. N—c- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ...July,.6.........19.88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday .... evening ........ the .9th. day of .... August.......... . 19. 88 , at. 7: Vclock, to all parties interested in the appeal of Georgina.&,Craig Mitchell ........................... requesting a ff Secy. 1+...121, . Para. .19 of the Zoning pecia erm t By Law so as to permit ................................... operation . of. a..day . care. center. for..no .more than twelve (12) children. ...................................................... ............................................... I...... ...................................................... on the premises, located at .... 95 Candle -stick - Road . . . . ...................................................... By Order of the d of Ap Frank Se"rio, Jr., Chairman Publish in N. A. Citizen on July 14 & July 21, 1988 1 i I T' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ...July,.6.........19.88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday .... evening ........ the .9th. day of .... August.......... . 19. 88 , at. 7: Vclock, to all parties interested in the appeal of Georgina.&,Craig Mitchell ........................... requesting a ff Secy. 1+...121, . Para. .19 of the Zoning pecia erm t By Law so as to permit ................................... operation . of. a..day . care. center. for..no .more than twelve (12) children. ...................................................... ............................................... I...... ...................................................... on the premises, located at .... 95 Candle -stick - Road . . . . ...................................................... By Order of the d of Ap Frank Se"rio, Jr., Chairman Publish in N. A. Citizen on July 14 & July 21, 1988 T' r� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ...July,.6.........19.88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday .... evening ........ the .9th. day of .... August.......... . 19. 88 , at. 7: Vclock, to all parties interested in the appeal of Georgina.&,Craig Mitchell ........................... requesting a ff Secy. 1+...121, . Para. .19 of the Zoning pecia erm t By Law so as to permit ................................... operation . of. a..day . care. center. for..no .more than twelve (12) children. ...................................................... ............................................... I...... ...................................................... on the premises, located at .... 95 Candle -stick - Road . . . . ...................................................... By Order of the d of Ap Frank Se"rio, Jr., Chairman Publish in N. A. Citizen on July 14 & July 21, 1988 Any arp-.al shaII b^ ii!vd Li Z d ca ,., in the Oji"ice ofi the Town Clerk. * * Georgina & Craig ** Mitchell 95 Candlestick Rd. * N. Andover, MA'01845 ************************ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #3-89 DECISION RECEIVED DANIEL L014G TO'VN CtLfZK NORT! r,P�oOVER AUG Z4 Ig 00 "'88 The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988 and a Special meeting on Monday evening, August 22, 1988 upon the application of Georgina & Craig Mitchell requesting a Special Permit from the requirements of Section 4, Paragraph 4.121(19) of the Zoning Bylaws so as to permit the operation of a day care center for not more than twelve (12) children on the premises located at 95 Candlestick Road. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on July 14 and July 21, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the Special Permit, as requested, subject to the following condition. 1. A permanent fence, at least 3' high, be installed to completely enclose the designated play area. The Board finds that the petitioner has satisfied the provisions of Section 10,Para.10.3 and. Para. 10.31of the Zoning Bylaws and the granting of this Special Permit will not derogate from the intent and purposes of the Zoning Bylaws nor will it adversely affect the neighborhood. BOARD OFAPPEALS William Sullivan OR Acting Chairman Dated this 24th day of August, 1988. /awt I TWed the i�,!Otice c� ill v00 a iho.l owl' Clierk. op, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION C 1G DANIEL L SDWN CLERK oVEIR 'NORTH AjW Go Georgina & Craig Mitchell Date . .24 I . 1988 95 Candlestick Rd. Petition No ...... 378? ............. N. Andover, MA 01845 Date of Hearing ...Aug�,�X. .. 1988... Petition of ... I... Georgina,&'Craig ,Mitchell ...........I ........ Premises emises affected ....... 95 - Candlestick Rd; e above petition of#j Referring to the for a 'IRW from the requirements Of %h6 Paragraph 4-121(19) of the Zoning B . y . Laws ........................................... ......................................... .... so as to permit oper.ation. of. a.day. care . center. f or. no. mQre. than. .12. children ...... ..................................................... .......................... After a . public hearing given on the above date, the Board of Appeals voted to GRANT ..... the ...... Sp-ecial. Permit .............. and hereby authorize the Building Inspector to issue a permit to Georgina .& Craig. Mitchell ................................................ f1rAkCM==ftnxofjbwxkmxmk, based upon the following conditions: A permanent fence, at least 3' high, be installed to completely enclose the designated play area. Signed William S,u.11iYan,. Acting. qhAirman... ... ..... . ... .. ... Augqptine.Nickerson,.,Clerk,k . ... ............... ... Anna . Q I CoAnQ r ....................... Louis. RiSs-in ...... I ............... * , ................................. Board of Appeals OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING OF p10Ri/� S Town of a =r' NORTH ANDOVER g84CHU5Et DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR DATE: AUGUST 8, 1988 TO: BOARD OF APPEALS FROM: ROBERT NICETTA, BUILDING V4TOR RE: BOARD OF APPEALS HEARINGS 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 )-DAY-CARE,. 95 -CANDLESTICK ROAD: PLANS SHOULD BE SUBMITTED TO THE BUILDING DEPT. DUE TO THE FACT THAT WE NEED TO KNOW IF THERE IS SUFFICIENT EGRESS, VENTILATION, ETC. 2) NO. ANDOVER TEXACO, 980 OSGOOD ST.: I DO NOT OPPOSE THE REQUEST FOR VARIANCE AS LONG AS THEY REMAIN IN COMPLIANCE WITH THE SIGN BY-LAW AND APPLICABLE ZONING LAWS. 3) JOSEPH & RITA STELLA, 16-18 LINCOLN ST.: PLEASE REFER TO COPIES OF PERMITS #590 OF 11/28/86 and #46 of 3/17/88 IN RELATION TO THE CURRENT REQUEST FOR SPECIAL PERMIT. IT APPEARS THAT A MISREPRESENT- ATION ON THE ORIGINAL PERMITS HAS OCCURRED. 4) ROBERT & PATRICIA HUGHES, 89-91 AUTRAN AVE.: NO OBJECTION TO THE ISSUANCE OF A VARIANCE IN THAT THE HOUSE WAS PURCHASED WITH THE PORCHES TO BE REPLACED ALREADY EXISTING. DRN:gb OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING OF NOHiH 1 Town of n NORTH ANDOVER 9s°gCMU5DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, L-IRECTOR TO: BOARD OF APPEALS FROM: ROBERT NICETTA, BUILDING I,SI'JgTOR RE: NGS 120 Main Sirec.t North Am love.r, M:)sSi)(AI uSctlS O 1847, ((;17) 685-47773 1) DAY CARE, 95 CANDLESTICK ROAD: PLANS SHOULD BE SUBMITTED TO THE BUILDING DEPT. DUE TO THE FACT THAT WE NEED TO KNOW IF THERE IS CIENT EGRESS, VENTILATION, ETC. 2) NO. ANDOVER TEXACO, 980 OSGOOD ST.: OT OPPOSE THE REQUEST FOR VARIANCE AS LONG AS THEY REMAIN IN COMPLIANCE WITH THE SIGN BY-LAW AND APPLICABLE ZONING LAWS. 3)' JOSEPH & RITA STELLA, 16-18 LINCOLN ST.: PLEASE REFER TO COPIES OF PERMITS #590 OF 11/28/86 and #46 of 3/17/88 IN RELATION TO THE CURRENT REQUEST FOR SPECIAL PERMIT. IT APPEARS THAT A MISREPRESENT- ATION ON THE ORIGINAL PERMITS HAS OCCURRED. 4) ROBERT & PATRICIA HUGHES, 89-91 AUTRAN AVE.: NO OBJECTION TO THE ISSUANCE OF A VARIANCE IN THAT THE HOUSE WAS PURCHASED WITH THE PORCHES TO BE REPLACED ALREADY EXISTING. DRN:gb OFFICES" Town of or: � m APPEALS =: NORTH ANDOVER BUILDING CONSERVATION s8jp" 5�4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT I KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Police Deaprtment, Fire Department FROM: Scott A. Stocking,144T11-Planner DATE: July 25, 1988 RE: Day Care Center Board of Appeals - 95 Candlestick Road 120 Main Slrcct North Andover, Massachusetts 01845 (6 17) 685-4775 Please be advised that the Board of Appeals has an application for a day care center located in a home on Candlestick Road for 12 children. Please respond to this application prior to their August 9th meeting, Re*:lved ay Town Clerk: Date:,r� TOWH OF NORTH ANDOVER, MASSACHUSETTS Q}6, 4k- BOARD OF APPEALS T 1 w Notice; This a plication must be t °! p ypewri tten g0�7N • i a ,sSACHUStt� b. W' -CATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Appl!,Vnt Georgina & Craig Mitchell" Address 95 Candlestick Rd., North Andover, MA 01845 1. Application is hereby made -(WxxRXRxXXKxxixRxxxfxmmxkkxxxxxm�xgmgmgxxgfxj$x )i►xxxxxxx mtc�xxxxxxx xxxxxacfxlxkxkkxxxxxxxxRfxtkxxkxxxRAXPxxtxxAx (b) For a Special Permit under Section 4.121Paragraph 19 of the Zoning By -Laws. 2. '(a) Premises affected are land and building(s) numbered 95 Candlestick Rd., North AndoverSXXXXXX, Mass. (b) Premises affected are property with frontage on the North ( ) Soutn ( ) East { ) West ( ) side of Street, and known as No. Street. (c) Premises affected are in Zoning District RI and the premises affected have an area of 75,239 square 'feet and frontage of square feet: 3. Ownership (a dame and address of owner (if joint ownership, give all names): Georgina & Craig Mitchell, 95 Candlestick Rd., North Andover,.Mass. Date of purchase 1983 Previuus Owner William L. & Charlene F. Tromblyy (b) if applicant is not owner, check his interest in the prEmises: _P,rospective Purchaser Lesee Other (explain) 4. Size of proposed building: front; _ feet deep; Height: _...._ _stories; feet (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construct o 5. Size of e x i s t i n y 1)uilding: 58 feet front; 30 _feet deep - Height: 2 1/2 stories; feet. (a) Approximate date of erection: 1979 (b) Occupancy or use of each floor: residential, single family use and in basement children's day care center,." (c) Type _o_f. construction: wood frame 6. Has there been a previous appeal , .under zoni, rig, on t ese� premises? No. If so, when? 7. Description of relief sought on this petition Special Permit for the operation of a day care center for no more than twelve (12) children. 8. Deed recorded in the Registry of Deeds in Book 1719 Page 127 or Land Court Certificate No. Book _ Page i The principal points upon which I base my application are as follows;1. i (Must be stated in detail) See Attached .I•agree to pay.for advertising in newspaper and incidental expenses* Y Petitioner's Si nature Georgina Mitchell C ig itchell Sec. 1 APPLICATIOiN 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 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. LIST OF PARTIES IN INTEREST (Name Address Robert J. Janus ,.-Howard L & Carol A. Moe Dennis A. Boudreau ✓ Louis P. Scutellaro ,Gerry M. Wells Daniel & Faith J. McCarthy Joseph A. & Mila J. Nadeau. ✓Joyce A. & Helder M. Salgueiro k,� Dennis W. & Nancy M. Matthews tennis G. & Susan Battersby V'David A. Mi lot VRobert N. & Constance H. Montouri _Craig S. & Georgina A. Mitchell 40 Sunset Rock Rd., Andover, MA 01810 115 Candlestick Rd., No. Andover, MA` 125 Candlestick Rd., No. Andover, MA 125 Candlestick Rd., No. Andover, MA 81 Candlestick Rd., No. Andover, MA 60 Deerso Avenue, Lawrence, MA 0184:0 86 Forest Street, No. Andover, MA 98'Forest Street, No. Andover, MA` 110 Forest Street,,, No. Andover, MA 122 Forest Street,' No. Andover, MA 14.Millpond Rd., No. Andover, MA 100 Candlestick Rd., No.. Andover, MA 95 Candlestick Rd., No. Andover, MA (Use additional sheets if necessary) The applicant is .currently operating a family day care center on the premises for six children. They have constructed within their home an area to operate a children's day care center in conformance with the requirements of the Commonwealth of Massachusetts Division of Children's Services. The applicant is a duly licensed and qualified instructor and has a waiting list of.parents for the admission of children into the day care center. There is an existing drastic shortage of needed facilities of the type being provided by the applicant and the applicant believe that her home environment and teaching qualifications could best be utilized in providing day care services for a child's class size of twelve children. The applicant believes that the area in her home in the country atmosphere at Candlestick Road is an appropriate if not an ideal location for the use proposed. The area is readily available for access by the families within the Town of North Andover utili.z:ing her services. The small scale of the operation proposed by the applicant is such that it will not adversely effect the neighborhood surrounding her home. The applicant has a large driveway with adequate turn -around space so that the children and the vehicles of the parents transporting the children to the day care center will not create a nuisance or serious hazard to vehicles or pedestrians in the. area. The area of the applicants home which has been created.to house the existing child care facility is sufficiently sized and designed to accommodate children. It has immediate door access to the outside for access and egress needed for safety and other purposes. The applicants yard is large and provides adequate space and area for outdoor play and recreation at appropriate times. The children are at all times supervised and their use of the premises do not constitute an annoyance or nuisance to the abutting property owners. The applicant believes that the use as proposed by her will be in harmony with the general purpose and intent of the the North Andover zoning by-law and will provide much needed service to the community. 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Z!/ JC_ Z$ e0 /'Po� s�pp0 ,�La`1 a' � •w. k fa, � N,•J. �4 t! ,� .. -f �a. �+,5�,�i �;, 4M �, �W "�` �> P nr' 0 (D z(D (D (D F - (D En 0 21 13J > (D rt Ij C-4 (t 0 Legal. Notice {, `.,TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE o� NORTM 1 July 6, 1988 Notice is hereby given that io the Board of Appeals will give J _ a hearing at the Town Building, North Andover, on *b,e' ;Tuesday evening the 9th day � t; of August, at 7:30 o'clock, to �Js^cHus all parties Interested in the ap- peal of Georgina and Craig Mitchell requesting a Special Per- mR. under. Sec. 4.121, Para 19 of the Zoning By law So as to permit operation of a day care center for no more than twelve (12) children , on , the premises located at 95 Candlestick Road: By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in. North Andover Citizen July 14 and July 21, 1988 61843-4 X�111-1 0 1- z"It, i .19 N -1 d the �' ' C'i S! ; i"< L:i iii: iwo'iiCe C:c_, i,, the of the. Towti Clerk. - Georgina & Craig Mitchell 95 Candlestick Rd. N. Andover, MA 01845 -. A►ea7TM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION WEIVEO DANIEL LOING TOWN CLERK NORTH MWOVER hoc Z4 12 00 P1�'8g Date . ,August 24, .1988.............. Petition No ...... 3-89........ Date of Hearing ... August .22 i .1988 Petition of ...... Georgina- &• Craig •Mitr-h-ell......................................... Premises affected .......95 - Candlestick, Rd.----- Referring to the above petition for a f#Apj from the requirements of . S e c t ion, .4 . .... . Paragraph 4.121(19) of the Zoning ByLaws ........................................................................................... so as to permit .. operation. of. .a .day. care .cente.r..for. no. mare. than .12 .childr.en..... . After a public hearing given on the above date, the Board of Appeals voted to GRANT .. the ...... Special. Permit .............. and hereby authorize the Building Inspector to issue a permit to ...Georgina .& . Crai.g..Mitchel.l................................................. f�474A14X4��k, based upon the following conditions: A permanent fence, at least 3' high, be installed to completely enclose the designated play area. Signed���• � William Su.11ivan,. Acting. Chairman... ... Augustine. Nickerson.,..Clerk........... Anna.O'Connor,,,.. .................. LP11i S . Ri;SS.irl ........................ ........................... Board of Appeals µORT1j O R I P # i t Ss�cHust TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS i Dear Applicant: r 1- ff' 3 o - F8' Date: r. 14 Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ �.�n for the following: 0` 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 W. Taylor, Clerk '. , �.. �� �� �d �� � �� `\ O r ^— O� .O+ oa � as OOi t� ti:,;rt • ti m?�c�ust< TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 13th day of July 1993, at 7:30 , o'clock, to all parties inter- ested in the appeal of Craig & Georgina Mitchell requesting a Special Permit under Sec. 4.121. Para- graph 19 of the Zoning By Law so as to permit expan- sion of existing Special Per- mit to allow for use of preschool by up to 31 chil- dren on the premises, located at 95 Candlestick Road. -. , ;. _ By Order of the Board of Appeals Frank Serio, Jr., Chairman From the office of: Atty. John J. Willis, Jr. 160 Pleasant St. No. Andover, MA 01845 (508)685-3551 ri MORTp OF. r►ORT{,, F s ? ., tiO0 t �.ne •r �. # i jW custa \ TOWN OF s`SACHU `NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE TOWN OF NORTH ANDOVER Notice is hereby given that the Board of Appeals MASSACHUSETTS will give a hearing at the Senior Citizen's Center located at the rear of the Town 120 Street, ldinNiorth Andove aofn BOARD OF APPEALS Tuesday evening the 13th o�locfk, to July ll parties in 30 NOTICE ested in the appeal of Craig & Georgina Mitchell requesting a Spacial it under Sec. 4.121. Para- graph 19 of the mot ing By Law so as to pe exPan- sion of existing Special Par - mit to allow for use of by given that the Board of Appeals will give a preschool by up to 31 chic dren on the premises, P located at 95 Candlestick or Citizen's Center located at the rear of the RoadBy Order of the Board Bof Appeals Frank Serio, Jr., Chairman ain Street, North Andover on Tuesday From the office of: y, Ally. John J. Willis, Jr. 160 Pleasant st. 13th day of July No. Andover, MA 01845 * (508) 685-3551 E-T—June 29 Juiv6 1993 clock, to all parties interested in the appeal of Craig & Georgina Mitchell requesting a Special Permit under Sec. 4.121, Pargaraph 19 of the Zoning By Law so as to permit expansion of existing Special Permit to allow for use of preschool by up to 31 children on the premises, located at 95 Candlestick Road. By Order of the Board of Appeals Frank Serio, Jr., Chairman Lawrence Eagle—Tribune on Publish in the June 29 & Jul�6. 1993 E�. Any app -.al s,1 l, ,,C 1l ^ f•I vv iI. 1 l o ^ I ij c C`i i.':. Gd ,i�!vi i.: <<J I'dG li Ci �... in the 0-11fice of the Town Clerk, * * Georgina & Craig * Mitchell * 95 Candlestick Rd. * N. Andover, MA'01845 * ************************ NORTI{ OF t�eo �a 6 ��SSq 2 CfHUSEt�# TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #3-89 DECISION RECEIVED DANIEL LONG TD'VN CLum NORT`i fkt�oOVER As Z4 12 60 ro T The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988 and a Special meeting on Monday evening, August 22, 1988 upon the application of Georgina & Craig Mitchell requesting a Special Permit from the requirements of Section 4, Paragraph 4.121(19) of the Zoning Bylaws so as to permit the operation of a day care center for not more than twelve (12) children on the premises located at195 Candle tick Roads The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on July 14 and July 21, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the Special Permit, as requested, subject to the following condition. 1. A permanent fence, at least 3' high, be installed to completely enclose the designated play area. The Board finds that the petitioner has satisfied the provisions of Section 10,DaTra-F-143- and para. 10.31of the Zoning Bylaws and the granting of this Special Permit will not derogate from the intent and purposes of the Zoning Bylaws nor will it adversely affect the neighborhood. BOARD OF APPEALS W_�I:C�CeL,3r� William Sullivan, 01 Acting Chairman a - Dated this 24th day of August, 1988. /awt AUG � � 1988 OVER BUIL6,ING "-PT, r cls:,.,. ci Pio ice in1.he U nice c il�e FOWII Clierk. Georgina & Craig Mitchell 95 Candlestick Rd. N. Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION W'EiVED DANIEL LONG ToWtj CL.E.RK iNOR7N ANDOVER Aua N 12 0o f�,'08 Date ..August 24, 1988 ............... Petition No..... 3-89 Date of Hearing ... August..22, .1988 Petition of ..••••Georgina•&•Craig,Mitchell ......................... Premises affected ....... 95*Candlestick' Rd: ...........................:................. Referring to the above petition for a f#OR# from the requirements of . S e c t lon .4 , .... . Paragraph 4.121(19) of the Zoning ByLaws ................................................................ so as to permit .. operation. of..a .day. care .cente.r..for. no. more. than .i2 .childr.en..... . After a public hearing given on the above date, the Board of Appeals voted to CGRANT ...... the Special. Pe.rmit .............. and hereby authorize the Building Inspector to issue a permit to ...Georgina .& . Craig..Mitchell................................................ fJQYAhKX=tQHxQtfj1k%Wxmk, based upon the following conditions: A permanent fence, at least 3' high, be installed to completely enclose the designated play area. Signe���L'�.�-,.� G'i .. William, Su.11ivan,. Acting. Chairman ... Augustine. Nickerson,..Clerk. .,.Anna.O'Connor,,,,. L.otliS . FU;3s.i11 ......................... .................. I............. Board. of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Craig & Georgina Mitchell 95 Candlestick Road North Andover, MA 01845 Dear Applicant: Date: June 30� 1993____ Enclosed. is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 7.54 for the following: Filing Fee Postage $ 7.54 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 4 �q0�k ° i'1 Linda Dufresne, Clerk Bradstreet Early Childhood Center 70 Main Street North Andover, MA 01845 Kathleen A. Callagy Principal To Whom It May Concern, (508) 794-1677 Karen E. Brown Assistant Principal July 9, 1993 I am pleased to write a letter in support of the expansion of Out Country Preschool. As Principal of the Bradstreet Erly Childhood Center, I have had the opportunity to work with Mrs. Mithchell and her staff for a number of years, and have observed many children who have completed their program and entered kindergarten here. Out Country Preschool is, in my opinion, an excellent, viable neighborhood school which provides a stimulating preschool environment for children in the "out country" section of North Andover. My observations of the children who have attended the program, and interactons with their parents indicate that they have had a thorough, stimulating preschool experience which focuses on helping each student develop at his or her own rate and stresses the development of self-esteem. Mrs. Mitchell has consistently maintained open and frequent communication with the North Andover Public Schools, through Bradstreet, concerning her program and children who are transitioning to the public kindergartens here. I am impressed with her knowledge of children as well as her genuine concern for each child's well-being. She has -worked hard to help make each child's entrance .into kindergarten as smooth as possible by arranging for them to visit the school and by communicating information to parents and to the schools. I consider Out Country Preschool a valuable community resource, and support Mrs. Mitchell's plans to expand. Sincerely, 'r j a • Kathleen A. Callagy �V £6I Rv Gs ui z i inr UROW-1a 1UHN NSF_ 03 ��0�. 9h .l OUT COUNTRY PRESCHOOL GEORGIE MITCHELL, DIRECTOR Dear Parents: 95 CANDLESTICK ROAD NORTH ANDOVER, MA01 845 TELEPHONE (508) 683-2820 July, 1.993 This letter is to address two problems, the traffic and the speed on Candlestick Road. As you know, the preschool is located in a residential area. The home setting is one of the features that makes coming to Out Country a special learning experience. It also requires that you and I respect the concerns of the other Candlestick residents. The safety of the children in the neighborhood absolutely requires that drivers go slowly, 20 mph or less, on Candlestick Road. For a few minutes at the beginning and end of classes the school adds more traffic to the neighborhood. Before the school year begins, I am requesting that you plan to bring and to pick up your child without rushing, consider car-pooling, and be considerate of the neighbors. The children's safety is paramount and to that end the failure to obey the preschool's 20 mph speed limit policy will be considered a failure to adjust to the preschool. As the parent handbook states, the school reserves the right to terminate the child who is not making a satisfactory adjustment to the preschool program. Class lists to help facilitate car-pooling will be mailed early in August. Please try to make arrangements to car-pool. List all drivers your child will be riding with on the bottom of the Authorization and Consent Form. This form must be notarized. Your child will be put into his/her regular car pool unless we have a note on that specific day stating otherwise. I thank you for your understanding of the preschool's traffic concerns and for your. compliance. If you have any questions please call the school at 683-2820. Sincerely, -�V 117U-Z� Georgie Mitchell Director. \ DA101— TOWN IMLERK .Received by: Town Clerk: NO Ts ,'_ =1 ''I ,U TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE APP licantCraig S. and Georgina A. Mitchell Address 95 Can Road North Andover, MA 01845 Tel. No. (508) 683-9715 1. Application is hereby made: �XXXX&X�XX�E�t�i��XX����CX#I�YX��I�.K��3�X►1�.'�I��XX��X����t xx b) For a special Permit under•Section4.121 Paragraph 19 of the Zoning Bylaws. 3X�X�{��#XgX�� rFk�i�X�i�RX��31RX�J�1XtX�X 2. a) Premises affected are land and building(s) numbered 95 Candlestick Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street. Street, and known as No. Street. C) Premises affected are in Zoning District Rl , and the premises affected have an area of 75,239 square feet and frontage of feet. 3. Ownership: a) Name and address of..owner (if joint ownership, give all names): Craig S. Mitchell and Georgina A. Mitchell 95 Candlestick Road, North Andover, MA 01845 Date of Purchase 1983 Previous Owner Trombly b) 1. If applicant is not owner, check his/her interest in.the premises:, Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. Addition to 4. Size of proposed/building: 24 front; 24 feet deep; Height 2 1/2 stories; feet. a) Approximate date of erection: Fall 1993• Upper Floors Residential b) Occupancy or use of each floor: Lower Floor Child care center C) Type of construction: Wood frame Has there been a previous appeal, under zoning, on these premises? Yes If so, when? 8/22/88 Description of relief sought on' this petition Expansion of existing special permit to allow for use of preschool by up to 31 rhildran Deed recorded in the Registry of Deeds in Book 1719 page 127 Land Court Certificate.No. Book Page The principal points upon which I base my, application are as follows: (must be stated in detail) See Attached I agree i nciAeLni to pay the f i114Q fee, advertising in.newspaper, and a1 �xlns.es Signatur of Peti io (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 therein prescribed. Every, application shall 'be submitted with a. list of "Parties .of 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 (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town,. and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in.the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but -are not necessarily limited to these. Every application shall be submitted with a plan of land approved by 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. Rev. 4/93. w ' 5. 6. 7. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? 8/22/88 Description of relief sought on' this petition Expansion of existing special permit to allow for use of preschool by up to 31 rhildran Deed recorded in the Registry of Deeds in Book 1719 page 127 Land Court Certificate.No. Book Page The principal points upon which I base my, application are as follows: (must be stated in detail) See Attached I agree i nciAeLni to pay the f i114Q fee, advertising in.newspaper, and a1 �xlns.es Signatur of Peti io (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 therein prescribed. Every, application shall 'be submitted with a. list of "Parties .of 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 (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town,. and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in.the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but -are not necessarily limited to these. Every application shall be submitted with a plan of land approved by 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. Rev. 4/93. � 1 h LIST OF PARTIES OF INTEREST Sl 1 R.1 FCT PROPERTY MAP! IPARCEL LOT INAME ADDRESS 106A 1 108 raig S. & Georgina A. Mitchelll 95 Candlestick Road No. A ©RI ITTFRR dover,MAj MAP IPARCEL LOT NAME ADDRESS 106A 106 Howard L.* & Carol A. Moe 115 Candlestick Rd, No. Andov .r .106A 105 Denise A. Boudrea and Louis P. cutellaro 125 Candlestick Rd, No. Andover 106A 110 IDaniel & Faith J. McCarthy. 71 Candlestick Rd No. Andover, 106A 116 boseph A. & Mila J.'Nadeau 86 Forest St., North Andover P 106A 117 Joyce A. & Helder M. Salgueiro198 Forest St., North Andover N 106A 135 Dennis W. & Nanc 'M. Matthews 1110 Forest St. North Andover 106A 8 Dennis G. & Susan Battersby 122 Forest St, North Andover 106A 96 Pavid A. Milot 22 Millpond Road, North Andov 10 AA 97 obert N. & Constance H. ontouri 100 Candlestick Rd, No. Andov i 106A 109 Peter & Lisa Bensen 81 Candlestick Rd, No. Andove 106A 226 dward J. & Thomas M. Rauseo rs. Sherwood Realty Trust 100 Merrimack Ave., Dracut, M 106A 227 illiam A. & Patricia B. 106A 228 Pavison 365 Candlestick Rd, No. Andov : aWL - I MA MA MA A A MA MA MA MA MA 01826 MA i The applicant is currently operating a family day care center on the premises for twelve children. They intend to construct an addition to their home adding sufficient area to operate a children's day care center in conformance with the requirements of the Commonwealth of Massachusetts Division of Children's Services to accommodate 31 children. The applicant is a duly licensed and qualified instructor and has a waiting list of parents for the admission of children into the day care center. There is existing drastic shortage of needed facilities of the type being provided by the applicant and the applicant believes that her home environment and teaching qualifications and staff could best be utilized in providing day care services for 31 children. The applicant believes that the area in her home in the country atmosphere at Candlestick Road is an appropriate if not an ideal location for the use proposed. The area is readily available for access by the families within the Town of North Andover utilizing her services. The scale of the operation proposed by the applicant is such that it will not adversely effect the neighborhood surrounding her home. The applicant has a large driveway with adequate turn -around space so that the children and the vehicles of the parents transporting the children to the day care center will not create a nuisance or serious hazard to vehicles or pedestrians in the area. The area of the applicants home to be created will expand the house and the existing child care facility sufficiently to accommodate the additional number of children. It will have immediate door access to the outside for access and egress needed for safety and other purposes. The applicants yard is large and provides adequate space and area for outdoor play and recreation at appropriate times. The children are at all times supervised and their use of the premises does not constitute an annoyance or nuisance -to the abutting property owners. The applicant believes that the use as proposed by her will be in harmony with the general purpose and intent of the North Andover Zoning By -Law and will provide much needed service to the community. She has spoken to her immediate abutting neighbors and they are wholeheartedly in favor of her proposed expansion. ME I OUT COUNTRY PRESCHOOL GEORGE MITCHELL, DIRECTOR Town North Andover MA 01845 RECEIVED AH]I6. LgRG G. NORTH ..fix OVER JUL ZE 9 55 AM `93 Hear Members of the Board of Appeals: 95 CANDLESTICK ROAD NORTH ANDOVER, MAO 1 845 TELEPHONE (508) 683-2820 July 22,1993 We are truly concerned with the issues that you addressed at the July meeting of the Board of Appeals. In hopes of alleviating many of those concerns we are willing to commit to the following: • A reduction in our request from 31 children to a limit of 24 children, an additional 12 children per session. • Require parents to enter Candlestick Road from Boxford Street and exit via Jerad Place, creating a one-way traffic flow to and from the school. • A letter will be circulated to all parents requiring them to abide by the school policy of traveling at 25 MPH while on Candlestick Road. Families warned and not in further compliance will be asked to find a school better suited to their needs. • Children will be removed from and returned to motor vehicles by teachers thereby eliminating loitering and congestion. • Instructions to parents will include a request to car pool whenever possible. Parents will be required to park only in the preschool driveway or street frontage of preschool property. A diagram will be included to reinforce the only designated areas available, This will eliminate any likelihood of parking in front of neighbors' property. • Graduation will be held off site. This is a compromise that takes into consideration the neighbors' concerns and we hope you will issue a special permit for the modified number of children. Sincerely, r J 0 0 I r U U) W 4� a 01<1 � z U E 0w J Uo ,� ~U rn Any appeal sl -:al be filed `�Iit VY , ;In (._- 201 ,, _ �; the .-. .. - cat TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION JUL 13 2 29 IF'a `93 Date .. July. .23, . 1993........... . Petition No....031-93............. Date of Hearing. .July. U.., .1993.. . Petition of ..... Craig .4 . Georgina. Mitchell . . ... . . . . . ... . Premises affected ...... 95.Candlestick. Road ............................................. Special Permit under Referring to the above petition fora MM91MMIt WA . Section .4.121.,. . Y4-jrnraph .19. of. .the . Zonang.Bylaw .................................................. so as to permit . expansion. of. existing .Special. Permit. to. allow. far.use. of..pre-school b.y.up.to. 31.childx.en.................................................................. After a public hearing given on the above date, the Board of Appoals voted to .. DENY..... the .Special. Permit. .. . ...... . . . . . ... .. yfilXdW1�W i e r..•.. �,t1,. oil d:. �. a: : • a.r P•.1:. •;r.ry �•r,, �, Signed f %'PtllhaSiam Sullvan, . Jr,.,..V.rman .... , .... Walter • Soule,,..Clerk. . ... , . , , . ...... Louis..gi$$in................ ........ John. Pallone................ Robert .Ford. , ............... Board of Appeals AnN/ app2a. :� 4 ;':ed -.r the TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Craig & Georgina Mitchell 95 Candlestick Road North Andover, MA 01845 * ******************************* R E C TC'<°' K N�1R i+, ;. r.iJ%E R JUL ?3 2 29 iM '93 DECISION Petition: #031-93 The Board of Appeals held a regular meeting on Tuesday, July 13, 1993 upon the application of Craig and Georgina Mitchell requesting a Special Permit under Section 4.121, Paragraph 19 of the Zoning Bylaw so as to permit expansion of existing Special Permit to allow for use of pre-school by up to 31 children on the premises located at 95 Candlestick Road. The hearing was advertised in the Lawrence Eagle -Tribune on June 29 and July 6, 1993 and all abutters were notified by regular mail. Upon a motion by Mr. Rissin and seconded by Mr. Ford the Board voted unanimously to take this matter UNDER ADVISEMENT. Later upon a motion by Mr. Soule and seconded by Mr. Rissin to grant, the Board voted to DENY the request for expansion on the grounds of increased traffic flow, traffic congestion and insufficient off-street parking for picking up and discharging children and the safety of not only the. school children, but the children in the neighborhood. The vote was 1-4. (Sullivan for; Soule, Rissin, Ford and Pallone against.) Dated this 23rd day of July 1993. BOARD OF APPEALS William S1111livan, i. Vice-chairman July 26, 1993 AM Board of Appeals Town of North Andover BOARD OF APPEALS Subject: Special Permit under Sec. 4.121, Paragraph 19 Craig and Georgina Mitchell 95 Candlestick Road North Andover, Mass. At your suggestion, an attorney has advised us as to the real estate law and the binding nature of a lawful covenant. We the undersigned would like to have on the official record of the Board of Appeals meeting of July 13, 1993 the following: The covenant for Candlestick Road supercedes any Zoning By-laws of the Town of North Andover and is valid for thirty years. It is considered a legal and binding document and is referenced in all deeds regardless of the number of grantors or grantees. Item #4 (please see attached) states " no business shall be conducted from any building erected on any lot." . We would like you to adopt into the minutes of the next meeting our expression of concern regarding the enclosed covenant for Candlestick Road. Respectfully submitted, M lt�a J�. 554 IDECLARATION OF COVENANTS AND RESTRICTIONS FOR REAL ESTATE OF ATTIUS REALTY TRUST IN NORTH ANDOVER, MASS. I ' WHEREAS, AMUS REALTY TRUST, a Trust duly established under. s. the Laws of the Commonwealth of Massachusetts, and existing under �a Trust indenture dated May 20, 1976, recorded in,the,North Essex _ lRegistry of Deeds, Book 1286, Page 729, and havir;g its principal I place of business on Willow Road, Boxford, Massachusetts, (herein- i after called Owner) is the Owner of certain land in said North I Andover, conveyed to said trust by Joseph J. and Pauline F. Flynn t by deed dated May 20, 1976, and. recorded in Book 1286, Page 738, i (at North Essex Registry of Deeds and shown on Two (2) plans, I i 1 entitled "Plan of Lind in North Andover entitled Spinning Wheel +Estates, Candlestick Road, Joseph J. and Pauline F.,Flynn, Owners",I drawn by Robert E. Anderson Inc., Civil Engineers, dated May 5, 11969, recorded with North Essex Registry of Deeds as Plan land 4 2 on Plan entitled "Plan of Land in North Andover, Mass., 111�Robert E. Anderson Inc., Civil Enyinuers, dated May 6, 1969, Ownerj,' +i Joseph J. and Pauline Flynn" recorded with said North Essex Registry f; of Deeds as Plan 4 6098. Said Subdivision contains 28 lots, numbered �I1-28 inclusive. WHEREAS, Ch -mer desires to create thereon a residential . I 1community, and II 1� I WHEREAS, The Owner declares for itself and its successors and (assigns in record title, that all the land shown as Twenty -Eight lLots on the aforesaid plan, is and shall be held, transferred, sold conveyed, inherited and occupied subject-- to and with the benefit I .•''- d�••�fe"C2ii+e:iarit�; Ye�tYYcL'I'dn'�',''"'�dtnLTfYS';'dt:''."arges � ; II lihereinafter set forth. 1� I I e 1 1 COMMON SCIITM�rSTRICTlONS imposed 1 Owner t:,clares that the common scheme restrictions are r. £d.1 Chapter 184, Section On in accordance with ceneral Laws tTeI 1 ' ei . fit of each owner or owners of the aforementioned 26, for the bene plans enforceable by it et law or in equity. 1 �k.lots shown on said p Regis of Deeds sex North District Reg j�Notices recorded in the EsY i } 11 g the periods of extendintime in which these restrictions are in. j I�any lot owner. force may be recorded by , 11aid land which be in conflict I 1; ' }; 1, No use shall be made of s, �i with the Zoning By-laws, except as the same may be lawful as non- except or by the granting of special permits, exceptions, conforming 1 ; or varaanccs. 1 2, No building, other than a single, one -family dwelling, i; shall be which include a garage, and appurtenant out -building lot shown erected, placed or m'on the aforementioned aintained on any ; ts may include a garage, a tool 1! plans. Appurtenant o11t-1luilding la imilar structure, provided always; house, house, greenhouse or s p Y plans for the erection and installation of any building that the p i ij or out -building shall, prior to the commencement of construction, 1't.11c Owncr or its succcsors or assigns, as herein - be approved by after provided. 3. Utilities service connections to any building (s1 erected on any lot, aforesaid, and as shown on said plan, shall he con- strutted and maintained underground. 4. No business, trade or profession, or sanitarium shall be } building erected on any lot, erceptinq, however, } conducted from any t (; �� that a physician, dentist, lawyer, insurance agent or broker, _. �,— ---- —`"'-- scientist oz artist may maintain an office ' 1; writer, architect, personal professional use provided . li his residence thereon for his p 1 `- II n not more than one person. he employs thereii 556 7 radio aerials shall be located on or near each residence in such i a way that they are, as much as reasonably possible, invisible , "008NOWO . ,gee. 556 j 5. No poultry house or yard, rabbit hutch, dog, cat or other type of kennel, shall be erected or maintained on any lot nor shall horses, pigs or other barnyard animals be stabled or main - twined thereon. This restriction shall not apply to household pets, reasonable in number. 6. Clothes lines and poles, outside television antennas and•j 7 radio aerials shall be located on or near each residence in such i a way that they are, as much as reasonably possible, invisible j 5. No poultry house or yard, rabbit hutch, dog, cat or other type of kennel, shall be erected or maintained on any lot nor shall horses, pigs or other barnyard animals be stabled or main - twined thereon. This restriction shall not apply to household pets, reasonable in number. 6. Clothes lines and poles, outside television antennas and•j radio aerials shall be located on or near each residence in such i a way that they are, as much as reasonably possible, invisible 9. from Candlestick Road* No tank for the storage of fuel may be maintained on any lot unless it is maintained under ground or within abuilding. 7. No yard or open area on any lot shall be used for the storage or parking of trucks, -machinery,"%, supplies",;`materials"a . r Il equipment of any business conducted by any lot owner off the i.premises. S. Each lot owner shall provide a garage an each lot for the 11 parking of automobiles used by the lot owner and his family. 9. No sicin of any kind shall. be displayed to the public view on any lot except one sign of not more than 6" width and 24" length re in size denoting the owner's name(s) and/or profession, and one such sign indicating the property is for sale. APPROVAL Or 111111,D7NG PLANS RESTRICTIONS No structure, whether residence, appurtenant building, tennis court, swimming pool or other improvement shall be constructed or maintained on any lot and no alteration to the exterior of a structure or addition, thereto, shall be made, unless complete plans,.. specifications and lot plans therefore, showing the exterior design, height, building material and color scheme thereof, the location and size of the driveways, the location of the sewerage disposal ---------- i - 1 L` wind - !system, the general plan of landscaping, fencing, walls and wind - i 11 FJ ii breaks, and the grading plan shall have been submitted to and tlapproved in writing by the Owner or its successors or assigns, A lot plans'as finally i J and a copy of such plans, Specifications an approved, deposited with the Owner or its successors or assigns. %.,1 J: No residence shall be constructed which costs less than $60,000.00` 7. i fair market value above tho ground. The owner or its successors or assigns shall issue a written i l: ( acknowledged for the purpose of recording, certifying; i certificate, by this restric- (that the building and 3.andscapiny plans required j tion have been ::ui,mitli•11 anll h:wr l,lren ahpruvcvl :u: ligroin required. 1 INothing herein shall require the lot owner to record instruments -`� t'certifying approval but.they may be so recorded at low owners' expense, to satisfy title examinations. ' ii GENERAL PROVISIONS SECTION 1. - DURATION. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner or the Owner of anyi jland subject to this Declaration and their successors in record jtitle, for a term Of thirty (30) years from the date this Declaration is recorded, after which time said covenants and extended in accordance with General Laws restrictions shall be (Ter. Ed.) Chapter I.R4, Section 27, if the then owners decide. 1. SECTION 2. - NOTICES. Any notice required to be sent to any owner under the provisions of this Declaration shall be deemed to P Postpaid, to have been properly sent when mailed yCertified�Mail, p P Ithe last known address of the person who appears as owner at the i time of such mailing. t 1I I i • .. .. � .1. �.. .. W... .. ....•.N•.n 1. 4a.r it Ji.•JY -- SECTION 3. 14AIVER OF RREACH. A waiver by the Owner or its is succesors or assigns of the covenants, restrictions, agreements or, charges herein contained, in any.inst-ance shall not constitute a waiver of the right to enforce any of such covenants, restrictions., agreements or charges thereafter. SECTION 4. - INVALIDITY. If any easement, covenant, restriction,' agreement or charge herein contained should be held invalid by any Court, such invalidity shall in no way effect any other ease- ment, covenant, restriction, agreement or charge herein contained. 1 RI SMED RIG11T TO GRANT EASEMENTS The Owner, for itself and its successors or assigns in record titlo, reserves the right to grant casuments for utility purposes; -1'_,' cable television and the liko, in the ways shown on the aforemention' plans, so longasthey are private ways, and for such service boxed, wires, conduits and the necessary attachments for electrical energy-,;, storm water drains, water and gas mains and pipes and any other method of conducting and performing any utility function along or IS under the ,round. RESTRICTInNS AS TO SPECIFIC LOTS i r The residences erected on Lots 22, 23, 24 and 25 shall face Candlestick Road and no driveway or other exit shall be made on to, Forest Street. ATTIVS REALTY TRUST By f7osepj1 J. FAYnn e Pauline F. Flynn COMOMIEALTH OF. MASSACHUSETTS ESSEX, SS. September 28, 1977 Subscribed and sworn �,,.bcfoy, personally, Robertdi.—m.lasia-n Notary Public ........... r,,P.t)r, W. t , THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF HUMAN SERVICES OFFICE FOR CHILDREN 10 WEST STREET, BOSTON, MASSACHUSETTS 02111 AREA C DE(617) i Chapter 521 of the Acts of 1990 (previously known as the BOMA bill, and sometimes erroneously described as the alterna- tive to linkage) The Child Care Affordability Scholarship Fund • The Child Care Affordability Scholarship Fund provides subsidies for families earning up to 110 percent of the state's median income. • Revenues for the scholarships will be generated from state appropriations, public and private donations, federal reimbursements and interest from the Fund, and any other monies credited or transferred to the fund from any other source. • The Fund is on the books as an amendment to the OFC incorporating statute, Chapter 28A of the General Laws. OFC has to set up the Fund, administratively and fiscally, and be prepared to receive the money. • The Affordability Task Force ("or any successor body named by the direc- tor") is charged with administering the fund. Employer qualifications for doing business with the state • Beginning on September 1, 1991, anyone who contracts with the Commonwealth and employs more than 50 people must offer DCAP, tuition assistance, or on-site or near -site child care to their employees. Beginning on July 1, 1991, the state and every authority shall meet this provision. • OFC will need to develop minimum standards for child care tuition assistance, and on-site and near -site child care subsidies. Floor area incentives for real estate developers • In cities and towns that restrict the total floor area of buildings, the square footage assigned to child care facilities shall not be considered part of the total square footage. • The day care center or school aged child care program shall be taxed at the residential, rather than commercial, rate. • The building. owner can charge the operator of the day care facility for certain expenses but cannot impose a charge for alterations necessary to meet Office for Children licensing requirements regarding the physical space. • If the need for the child care facility stops, the building owner must get approval from OFC before s/he can use the space for any other purpose. • OFC must develop policy or regulations that define the circumstances under which the center can be terminated. Zoning for day care centers • The state zoning statute, Chapter 40A, has been amended to allow, by right, the siting of day care centers and school age programs in every city and town. Cities and towns may no longer require. special permits. �iL 5i72 Chapter T H E C O M M O N W E A L T H O F M A S S A C H U S E T T S In the Year One Thousand Nine Hundred and Ninety AN ACT RELATIVE TO CHILD CARE IN THE COMMONWEALTH. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Chapter 28A of the General Laws is hereby amended by inserting after section 5 the following section: - Section 5A. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Child Care Affordability Scholarship Assistance Fund, in this section referred to as the fund, which shall be subject to appropriation and shall consist of revenues received from (1) state appropriations; (2) gifts, grants and donations from public or pri- vate sources; (3) interest earned from fund reserves; (4) federal reimburse- ments, grants-in-aid and other receipts which can be used for funding child care services and (5) any other monies credited or transferred to the fund from any other source pursuant to law. Up to eighty per cent of the monies deposited annually in the fund shall.be allocated to the office and adminis- tered by the day care affordability task force established by section fifty- three of chapter two hundred and six of the acts of nineteen hundred and eighty-six, or any successor body so designated by the director, in order to provide funding for child care services to children of families whose income is not.more than one hundred and ten per cent of the median income of families in the commonwealth. The remaining monies of the fund shall be used in ac- cordance with the provisions of this section. The books and records of the fund shall be subject to a biennial audit by the state auditor. SECTION 2. Section 3 of chapter 40A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph: - No zoning ordinance or bylaw in any city or town shall prohibit, or re -1 quire a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of oper- ating a child care facility; provided, however, that such land or structures , , % H 1772 may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. SECTION 3. Said chapter 40A is hereby further amended by inserting after section 9B the following section: - Section 9C. As used in this section, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. When any zoning ordinance or bylaw in any city or town limits the floor area of any structure, such floor area shall be measured exclusive of any por- tion of such structure in which a child care facility is to be operated as an accessory or incidental use, and the otherwise allowable floor area of such structure shall be increased by an amount equal to the floor area of such child care facility up to a maximum increase of ten per cent. In any case where the otherwise allowable floor area of a structure has been increased pursuant to the provisions of this section, the portion of such structure in which a child care facility is to be operated as an accessory or incidental use shall not be used for any other purpose,unless, following the completion of such structure, the board authorized to grant variances under such zoning ordinance or bylaw shall have determined, with the written concurrence of the office for children, that the public interest and convenience do not require the operation of such facility. The procedures governing the granting of var- iances, including all rights of appeal, shall apply to any such determination. The.owner of a building as to which the allowable floor area has been in- creased pursuant to this section shall be allowed to charge the operator of the child care facility for the following: the cost of utilities used by the child care facility, a reasonable building operating fee for the costs of maintenance, cleaning and security, and real estate taxes for the portion of the building which is the child care facility, if such facility is operated by a for-profit provider. The owner shall not impose a charge for the cost of alterations necessary to meet the requirements of the office for children• re-. garding the physical facility of a day care center. Any person operating a child care facility in a portion of a structure which is to be used only for such purpose pursuant to the provisions of this section shall use best efforts H 5772 to assure that at least fifty per cent of the children utilizing such facility are from families whose income is not more than one hundred and ten per cent of the median family income of the commonwealth. SECTION 4. Paragraph (1) of section 1 of chapter 40D of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting, in line 70, after the word "facility.", the following sentence:- Industrial en- terprise shall also include the operation of a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. SECTION 5. Chapter 59 of the General Laws is hereby amended by inserting after section 3E the following section: - Section 3F. For the purpose of this chapter and any other general or spe- cial law classifying real property for the purpose of taxation and in order to assist in the provision of child care, cities and towns shall classify that portion of any such property operated as a child care facility pursuant to section nine C of chapter forty A in the same category as property used or held for human habitation. SECTION 6. Chapter 231 of the General Laws is hereby amended by inserting after section 85X the following section: - Section 85Y. Notwithstanding any general or special law to the contrary, the owner of any property containing. premises operated by a person other than such owner as a child care facility shall not be subject to any claim, liabil- ity or penalty arising from or based upon any injury to person or Loss or dam- age to property sustained or occurring on or about such premises unless such injury, loss or damage is proximately caused by the negligence or misconduct of such owner or its agents, contractors or employees. This section shall not be deemed to limit or otherwise modify the provisions of any lease or other contract between such owner and the operator of such child care facility. As used in this section, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in sec- tion nine of chapter twenty-eight A. SECTION 7. A qualified employer, as used in this section, shall mean an employer who has established, in accordance with the applicable requirements of section one hundred and twenty-nine of the Federal Internal Revenue Code of 1986, or any successor section, as amended and in effect for the taxable year, either a dependent care assistance program or a cafeteria plan whose benefits H 5772 include a dependent care assistance program. On or before July first, nine- teen hundred and ninety-one,,the commonwealth and every authority established as a body politic and corporate and constituted as a public instrumentality of the commonwealth, shall meet the requirements of a qualified employer as de- fined herein. On or after September first, nineteen hundred and ninety-one, no contract for goods and services of any type shall be awarded by the common- wealth or any such authority to an employer having fifty or more employees un- less such employer is a qualified employer, or offers child care tuition as- sistance or on-site or near -site subsidized child care placements except in cases of special emergency certified by the governor to involve the health or safety of the people or their property. The office for children shall by reg- ulation specify minimum standards for child care tuition assistance and on- site or near -site subsidized child care placements as used in this section. The secretary of administration and finance shall prepare a plan to implement the provisions of this section. Such plan shall be transmitted to the senate and house committees on ways and means no later than May first, nineteen hun- dred and ninety-one. SECTION S. On or before July first, nineteen hundred and ninety-one, the division of capital planning and operations shall compile a list of sites and structures owned or leased by the commonwealth suitable for the operation of a child care facility. Said list shall be filed with the senate and house com- mittees on ways and means. SECTION 9. Notwithstanding any general or special law to the contrary, the term "any city or town" as used in sections two and three of this act and the term "cities and towns" as used in section five of this act shall include every city and town of the commonwealth. House of Representatives, December jq , 1990. Passed to be enacted, C.(�t/`� Speaker. In Senate, December / 9 , 1990. Passed to be enacted, azzz�5 _ , President. - 4 - H 5772 Aanuary 2 rA 199 1. P=W�, Governor. - 5 -