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Home My WebLink AboutMiscellaneous - Johnson Circler -� ,` �� 0 F&, 03 -Soo 1 7 111V -9- qn February 21_1984 :6iice is herebr gkn that thii!- Board -of Appea s; will give E -hearing! at the Town Building—'... North - Andover, . on. Monda; evening the 12th day of Marcht_-, 984, at 7:30 o'clock to all par -.-- ties interested in the appeal of . DANIEL S. KINDRED requesting - a variationof Sec:t_41133 (W) ot:::4 t tj fie Zoni nb By jLq� to as.10 per7;4 from the rnark of. 25 feet District �onjhepremisesj Wated�';'_ at the &A side'of Johnson cle and kb-w—ria-s-Ut'�6'. D' _at stn th' c'e a' By ordet.of4hibe Board C_Ap-�= ran do. Jr. - c Chai Publish N.A. Citize : February�' - 23 and Marchl 19 s24-9.- Ugalloticel, TOWN OF r NORTH ANDOVER BOARD OF APPEALS'�;,-- - 7 NOTICE. tORT February 21_1984 :6iice is herebr gkn that thii!- Board -of Appea s; will give E -hearing! at the Town Building—'... North - Andover, . on. Monda; evening the 12th day of Marcht_-, 984, at 7:30 o'clock to all par -.-- ties interested in the appeal of . DANIEL S. KINDRED requesting - a variationof Sec:t_41133 (W) ot:::4 t tj fie Zoni nb By jLq� to as.10 per7;4 from the rnark of. 25 feet District �onjhepremisesj Wated�';'_ at the &A side'of Johnson cle and kb-w—ria-s-Ut'�6'. D' _at stn th' c'e a' By ordet.of4hibe Board C_Ap-�= ran do. Jr. - c Chai Publish N.A. Citize : February�' - 23 and Marchl 19 s24-9.- a peratoo APRIL7M 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE February. 21 ... 19..84 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ..... z Monday evening . ..... the .12thlay of ...... Uarch ......... 19 8.4 , at7 ; .3 O'clock, to all parties interested in the appeal of .............DANI:.L . 5.... KINDRED.................. . requesting a variation of Sec... 4.13.3..(.3c) ... of the Zoning By Law so as to permit.. the..cons tructign..of..a,. aew a.ielling..150.. fe.et..hor.izonta.11y .fro�p the a.nnua mean Nigh water . mark..of..Lai-e . C.och ,chQ gick and and - 2.5 feet .horizontally.. from.the. .edgq _ of a triburary . on . a .parcel . o.f . lAnd..loeated in the the South - side. .of..... Johnson- CirceI and - known . as - Lot. 10 ....... By Order of the Board of, Appeals B.t: Frank Serio, Jr., Chairman Pu]alish: Citizen: 2/23 and 3/1, 1984 Send bill to: Atty. James Glynn, Jr. 101 Amesbury St. Lawrence,. Mass. BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Date ..... APri1 2.6.,...19 8.4 Petition No...127'. 8.4 ............. Date of Hearing. Petition of .......DANIEL. KIND,RED..................................................... Premises affected . Lot. 10 . �T.ohn.soa . Ci.rcle........................................... Referring to the above petition for a variation from the requirements of the .. Z on i ng . By . Law Soction. 4..1 ..(.3c.) ...... :.......................................................... so as to permit -..the. construction. of . a .new. s.ingle..fami ly..dwelling .wi-thin 25..feet. of..a . tr_.ibutar.y. on. a. lot. located. in. the. Waters hed..Dis.tri.ct. . After a public hearing given on the above date, the Board of Appeals voted to :: G.r.ant the -_- variancehereby-authorize the Buildih '_ Ins ector- -to issue a. .... and g p - permit to construct—a single family dwelling within- 2.5. feet of. a= . -- . tributary for the construction of -the above work, based upon the following conditions: T'aat the plan be, revised- to- show a Board- of Appeals -signature block. Signed - Alfred .E....Friz..11e., . Esg,., .Vice. _Chairman Qk I z7z 1 �S Wi.11iarn. J. . Sullivan . ............... . hugus.tine .W...-.Ni.ckeTrson-.:-.-.:.. -. . �da.urice . 5.... Fou.lds.................. Raymond. A.. Viv.enz.i,o............... Board of Appeals a o. ` t (r• APAILjM M � . t , . ' � 439 .raj• w 4 '} ;SACH Ali3 it ,rrrrt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Date ..... APri1 2.6.,...19 8.4 Petition No...127'. 8.4 ............. Date of Hearing. Petition of .......DANIEL. KIND,RED..................................................... Premises affected . Lot. 10 . �T.ohn.soa . Ci.rcle........................................... Referring to the above petition for a variation from the requirements of the .. Z on i ng . By . Law Soction. 4..1 ..(.3c.) ...... :.......................................................... so as to permit -..the. construction. of . a .new. s.ingle..fami ly..dwelling .wi-thin 25..feet. of..a . tr_.ibutar.y. on. a. lot. located. in. the. Waters hed..Dis.tri.ct. . After a public hearing given on the above date, the Board of Appeals voted to :: G.r.ant the -_- variancehereby-authorize the Buildih '_ Ins ector- -to issue a. .... and g p - permit to construct—a single family dwelling within- 2.5. feet of. a= . -- . tributary for the construction of -the above work, based upon the following conditions: T'aat the plan be, revised- to- show a Board- of Appeals -signature block. Signed - Alfred .E....Friz..11e., . Esg,., .Vice. _Chairman Qk I z7z 1 �S Wi.11iarn. J. . Sullivan . ............... . hugus.tine .W...-.Ni.ckeTrson-.:-.-.:.. -. . �da.urice . 5.... Fou.lds.................. Raymond. A.. Viv.enz.i,o............... Board of Appeals •. y' ,ORTN o? 3 Any appeal shall be filed .► p within (20) days after the �R r Fp'I ' date of filing of this Notice -„ s^cµus�tA th.Q_S0. En the Office of Wn: Clerk. rvT TOWN OF NORTH ANDOVER MASS", CHUSETTS BOARD OF APPEALS April 26, 1984 Mr. Daniel Long, Town Clerk Daniel'Kindred Town Office Building Lot 10 Johnson Circle North Andover, Mass. 01845 Petition No. 12-'84 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, March 12, 1984 upon the application of Daniel Kindred. The hearing was advertised in the North Andover Citizen on February 23 and March 1, 1984 and all abutters were notified by regular mail. The following members were present and voting: --Alfred E. Frizelle Esq., -Vice --a Chairman; William J. Sullvian; Augustine W. Nickerson; and Associate Members Maurice S. Foulds and Raymond A. Vivenzio, Esq. The petitioner.seeks a variance from the provisions of Section 4.133- (30 of the Zoning- -By Lawso'as to7 permit the construction of A new'.. single family dwelling -150 -feet horizontally from -the annual - mean.- high water_ mark of Lake Cochichewick and--25-feet horizontally from - the edge of a tributary on a parcel of -land- locat-ed.--in--the Watershed - District on premises located on the South side -of Johnson-_Cirlce known as Lot 10, Johnson Circle. The petitioner and his at'corney testified at the public hearing that Mr. Kindred is the prospective purchaser of Lot 10 and that he pro- poses to cut a maximum of three (3) trees within 25 feet of a tri- .butar-y--in order to -gain access to the proposed new -single family_; dwelling. One of the trees to be cut is almost dead and denial of--'- the f--`the variance would ---render the lot useless to the petitioner since some removal of vegetation will'be required in order to construct a dwelling on the lot. The Board rendered a decision at a Special Meeting._held-on Monday-- evening,.April 23,-1984 with Members Frizelle,..Sullivan, Nickerson,._ Foulds, and Vivenzio again present and voting. Upon a motion made by Mr. Sullivan and seconded by Mr. -Nickerson, tine Board voted four to one, with Member Frizelle voting in opposition, to grant the variance subject to the condition that the plan be re- vised for the purpose of adding a Board of Appeals signature block. Daniel Kindred Lot 10 Johnson Cirlce Petition No. 12-"84 April 26, 1984 Page 2 In granting the variance, the Board finds that Section 10.4 of the Zoning By Law has been satisfied. In particular, the Board finds that owing to the condition of the land a literal enforcement of the provisions of the Zoning By Law would create a financial -hard- ship to the petitioner since the lot cannot be utilized without said variance. Further, the Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Jw (Plan to follow) Sincerely, BOARD OF APPEAL"&^—a -S Q Alfred E. Frizelle, Vice -Chairman CE NORr Rc I Ned by Town Cl e r k : 3� •�� ,,�� 41 Date: _ �t ,r TOWIV OF NORTH ANDOVER, MASSACHUSETTS ;- 4, . BOARD OF APPEALS�` Ti me tqR Not This application must be typewritten 1 gg01W APP�EOTION FOR RELIEF FROM THE REQUIREMENTS OF -THE ZONING ORDINANCE Applicant Daniel S_ Kindred Address p_O_Box 39- Rillp-Hrn_ MA 01966 A 1. Application is hereby made (a) For a variance from the requirements of Section 4.133 Paragraph 3(c) and Table of the Zoning By -Laws. (b) --Fo-XXXU )dXXREKNXMXXIXXXXX3C)4XX=IMX XlgXXPCbCXX XXXXXXDCe (c) Axxxx�;��x�xx�cx�xx;�xx�> ��►x�x��f��x�x��x 2. (a) Premises affected are land a )bXiXXXXq X1 �� Lot 10 Johnson Circle kk (b) Premises affected are property with frontage on the North ( ) South ( X ) East ( ) West ( ) side of Johnson Circle SX)EXXt , and known as N o . Lot No . 10, Johnson Circle XXXX (c) Premises affected are in Zoning District R-3 and the premises affected have an area of 44,740 square feet and frontage of 125 KqoCa feet. 3. Ownership (a) Name and address of owner (if joint ownership, give all names): Salvatore & Dorothy D'Agata XXX1Xf)0V�XXXXLX @�►�bXiXX �� (b) If applicant is not owner, check his interest in the premises: X Prospective Purchaser Lesee Other (explain) 4. Si ze of proposed bui 1 di ng: 25 x 46' fM- XXXXXdOOM Height: 2 stories; Xt (a) Approximate date of erection: new (b) Occupancy or use of each floor: Residential, Single (c) Type of construction: 5. Size of existing building: N.A. XOM"NXXX fCXXkX*?M VWWCYX : ROM (a)�r��XcKf�XXXrX: (b) GM�PXN7KXxONYXx%XXXXMUM XXXXX: (c) VPXXXXX fmoxxiKkK 6. Has there been a previous appeal, under zoning, on these premises? NO If so, when? 7. Description of relief sought on this petition Special Permit for construction within 100' of lake tributary and variance for 25' cut buffer. See Conservation Commission 242-205 8. Deed recorded i n ' the Registry of Deeds in Book 1324 page 288 or The principal points upon which I base my application are as follows: (Must be stated in detail) This lot is buildable but requires the cutting of 3-4" ash tree with the 25' buffer of a lake tributary. The loss of value in the lot is a substantial hardship verses the minimal environmental inpact. I agree to pay for advertising in newspaper and incidental expenses* Petitioner's Siqnature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. -Theseforms shall be furnished by the clerk upon request. An.y 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. Name LIST OF PARTIES IN INTEREST Address (Use additional sheets if necessary) LIST OF PARTIES OF INTEREST NAME. ADDRESS Salvatore & Dorothy D'Agata ✓ John J. & Diane V. Lucinskas Jospeh J. & Mary A. Levis ✓ Nicholas J. & Nancy A. Leonardi c/ Ridgewood Cemetery Association V Richard A. & Anna M. Powers Francis H. & Ann L. Kucharski ✓ Michael D. & G. Ursula Y. Butler Arthur M. Y Marion C. Sullivan 550 Johnson Street North Andover, MA 25 Pitman Street Methuen, MA 70 Johnson Circle North Andover, MA 61 Johnson Circle North Andover, MA 1 Johnson Street North Andover, MA 51 Johnson Circle North Andover, MA 250 Johnson Street North Andover, MA 264 Johnson Street North Andover, MA 280 Johnson Street North Andover, MA _b i Commonwealth of Massachusetts DEOEFile No. (To be pro.ided by DEOE) city/Town �.,Y.,t UU_i�L1 IS �..�,1' 1_fl Applicant LocationLot 10 Cr Order of Conditions Massachusetts Wetlands Protection Act and under the Toxm • of I1orr�t� n ndove § By Lasa, Chapter 3.5 A & B . , ort"i i'Mu'ove r Cons Ervat;ion- (Name of Applicant) .:c-i`'a,—!✓L:... l aol.. •✓ten �J' iJ ..��c_ c.. (Name of property owner) Address - • - Address ✓ This Order is issued and delivered as follows: D Eby hand delivery to applicant or representative on (date) r L t„ �n 1C14? * by certified mail, return receipt requested on = r _ (date) Tv +- 1 /1 J,0'----01-1 This This project is located at The property is recorded at the Registry of - -- ` Book �� Page ^ 4 Certificate (if registered) The Notice of Intent for this project was filed on ! _; _j } ? - ; 1 I `�? (date) The public hearing was closed on1':11,_-,-71+-- 'I? , 1 ` Q I (date) Findings The has reviewed the above -referenced !notice of Intent and plans and has held a public hearing on the project. Based on the information available to the rr' at this time, the has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): I@ Public water supply 11 Storm damage prevention ❑ Private water supply ❑ Prevention of pollution' ❑ Groundwater supply ❑ Land containing shellfish C1 Flood control ❑ Fisheries I 1`nerefore, the iTACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The ""'" orders that all work shall be performed In accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private right§. 3. This Order does not relieve the permittee or any other person of the necessity of complying with an other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or. if such an appeal has been filed, until all proceedings before the Department have been completed. - 6. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed'work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the on the form at the end of this Order prior to commencement of the work. 8. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Rsjac�,�!etts Department of Environmental Quality Engineering, File Number 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: T 1 7,, I , , !.- - - T AL lci c co Aa - S (2 I, e ('-;, L. L c -.z L e a , --�2 03 L 71 3 1: 7 .3 t 02: LIC2 Or il"- 1-3 n U.5 C; 011 L 0' COIld t 3 L) s 110 --D 1: 0 -f �o Ilk -Y VOI-e) D r O1 inteD.t- of U-r"4ar o!L: Co,-nc;.--TLlo-,,s to siizli ,M J- t " -, c ,-,,a lrtare3ts oc OL e3t be a, co- I- I C,-! T 21 cx '0 J1 2:-- 07_ ;e C10.3 0; S 2 Vi:.'..:'r o • 17• or i,lere(l a3 C, i I - f or cl a tj2 .1 be Or: ea: cf Conditions: Lot 10 Jo'�nso:i 0• lade 1)1 OV.LS1.j:J O. '_.. 1�Jr �t ;i�_c.' 1 �.eL -L.1 •.O L=I.0 ! upon the i1.iJl�_C=;i':� its C;::nloy?"_sf c:a('. Su.':!C'j3o. 1•S assign? -ill m=erest or CGiitrol• 19. 7rior to 1''i!3 of Ce: ti,`.ica.� Of Co'.,o1_i'�.,c�, t'_n a lettar to _ i� �..0"_.s�rTT: L-l_7i FrOf.I _H �F?u1'==-c l r0t7a`ss10,,a! `.I inaer Cert'_�`L• T.'Or iS ?n C0-..0 is i:CO .:it' i1 Lie plans r2-car3^CQ:` al -o c ti-lC Cr:ac;i or. s :s IL aI—e:l aJGVC 7 �' '_ r' S i s , L ._ _.P_i :J�i 3 0_ �_ ? i �•=' � ;T2 =.ic3 _ �� ._u e -,-- c _ -cr _lZ:i,'lj:� L•`.'� i y= --1—'_i �J tO ?�%c=1U�.� ClJ`. ai, i Cra'�- 0_ vC1i:_t �_10n3. r _vL 2 L._Y.J 1 i ^• _�_... __..._ v. .,. ...; .:.+.�. C..'_.�t!�_iJ^J ..av F� L_r i c.-._:�' :. ..1 J, .�_. Or C -1-i-7 ,Jt'i?r 0 0 '--a 1 bP ')ostr�;. r 0- Counsel. ronStrLiCtTGii S'i__'l ba ca^ ."_L..�. 1017 --ii0Ill GL ,']_ - .�� , J 2 LLl _ (_ .. J 1 _ _ J. ...!. J .;: l- . _ . .� f • L J .�._ C ,� 1 J • J �.-a iJ - 4 - Issued Conservation Commission �V This Order must be signed by a majority of the Conservation Commission. On this - day of = ,y 19 : , before me personally appeared, - ' ° to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The appricant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the prior to commencement of work To Issuing Authority Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property In accordance with General Condition 8 on , 19 If recorded land, the Instrument number which identifies this transaction is If registered land, the document number which identifies this transaction In Signature r Applicant