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TOWN OF '
NORTH ANDOVER
MASSACHUSETTS
BOARDOF
APPEALS
September 23, 1980
Notice is hereby given that
the Board of Ap-cais will
give a hearing at the Town
Building, North Andover, on
Tuesday evening the 14th day
of October 1980, at 7:30
p.m., to all parties interested
in the appeal of Kenneth
Haphey requesting a varia-
tion of Sec. 4.133 Par. C of
the Zoning By Law so as to
permit the construction of a
driveway and normal utility
lines to service amew single
family dwelling on the
presmises, located at the
north -side of Great Pond
Road and known as Lot 12A
on Plan #1798 dated 7/30/80.
By Order of the Board of
Appeals
Frank Serio, Jr.
Chairmah
Publish N.A. Citizen: Sept.
25, Oct. 2, 1980
*Legal Notice
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARDOF
APPEALS
,��I"D �67 "I/
� \6N4�
September 23, 1980
Notice is here.by given that
the Board of ApPcais will
give a hearing at the Town
Building, North Andover, on
Tuesday evening the 14th day
of October 1980, at 7:30
p.m., to all parties interested
,in the appeal of Kenneth
Haphey requesting a varia-
tion of Sec. 4.133 Par. C of
the Zoning By Law so as to
permit the construction of a
driveway and normal utility
lines to service a new single
family dwelling on the
presmises, located at the
north side of Great Pond
Road and known as Lot 12A
on Plan #1798 dated 7/30/80.
By Order of -the Board of'
Appeals
Frank Serio, Jr.
Chairmah
Publish N.A. Citizen: Sept.
25, Oct. 2, 1980
Legal Notice
TOWN OF
-NORTH ANDOVER
MASSACHUSETTS
BOARD OF
APPEALS"
ZOO*-
>�R T �1,
September 23, 1980'
Notice is hereby given that
the Board of Appeais will
give a hearing.at the Town
Building, North Andover, on
Tuesday evening the 14th day
of October 1980, at 7:30
p.m., to all parties interest�d
in.'.the appeal of Kenneth
p
Haphey requesting� -a varia-
tion of 'Sec. 4.133 Par. C of
the Zoning By, Law so as to
,permit the construction 'of a
driveway and normal utility
lines io-se'rvice a new single
family dwelling on the
presmises, located at the
north side of Great Pond
Road and known as Lot 12A
on Plan #1798 dated 7/30/80.
By- Order of the Boar"f
,Appeals
Frank Serio, Jr.
Chairmah
Publish N.A. Citizen: Sept..
25, Oct. 2, 1980
APRILM
e. 1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
AT " ry T CI -V
See�t;ep uor .23 ...19. 30
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on ... T4e 4 v.
..renin...... . the 1Yt i day of ... DOt0 or........... .
19.80 . , at7: 3%, lock, to all parties interested in the appeal of
Iiennetll H phey .......... .
requesting a variation of Sec. 40-33. i3r.. C .... of the Zoning
By Law so as to permit.. ti1e .conct?'ncti,Qn. of. ..a.drivet:a.�r
and nornal utility. lines .to, service a. 1101,1. Qin,71e.
fGa7il;,r d:rellinG;
... ..................................
on the premises, located at. 1?Q .ilort4 LId.e . of. Great. pond
Road and .la—ioa=mAo .Lot, 1?�� on ,'I=. 1798. dat.eO .7/30/80/
By Order of the Board of Appeals
Prar.1: Serio, Jr., Chai.rrn--m
Publish IT.A, Citizen: September 25 and October 2, 1980
Send bill to: Kenneth Iliphey, 1159 OsCood St., ITo. And.
Send 5 proofs to: Jean jlhite, Tmm Office Buildin-, IT.A.
• NORih
TOWN OF NORTH ANDOVER r` p
MASSACHUSETTS Y
_ --
-_ ___ . BOARD OF" APPEALS
.,ss'1CNUSE�
NOTICE: This application must be typewritten.
ICATION FOR RELIEF.FROM THE-REQUIRMENTS OF THE -ZONING
ORDINANCE '
ApplicantYAddress -
pp DD
1'. Application is hereby m de ...f33
(a) For a variance from the requirements of Section=,Paragraph
of --the Zoning By -Laws.
(b) For a Special Permit under Section ,Paragraph of the Zoning
By-laws.......:
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(c) As a.party-aggrieved, for review of*a-decision made-'by=the Building
Inspector or other authority. -
2. (a) Premises affected are land and buildings numbered
Street. =
(b):_ Premises affected are --property with fronta e on the_ North
S8uth -East gest side of ,Street, and
known as NO. Street.
(c) Premises affected are .inDi
ZAning.strict i ,and the premises.
affected have-. an area,. of frontage "of feet.
3. Ownership: -
(a) Name and ad&esp of olianer (ifjoint owner`hip,
ve 11 name s) :
). _I
Date of purchase Previous owner
(b) If applicant is not oimer, check his. interest in the premises
Prospective purchaser --
-lessee
Other (ex lain)
4. -Size of proposed front; feet deep.
Height: stories; eet.
�a� Approximate date of erection gAAlbOccupancy or use (of each floor):
(c) Type -of Type-ofconstruction
S. Size of Existing -Building.- feet front; feet deep.
Height stories -eet.
�a� Approximate date of erection
bOccupancy or use (of each floor):
(c) Type oL construction `--
6. Has there been a previous appeal, under.zoning, on these premises:
If so, when _
7. Description of relief sought• on this petition: /o CD�/I�1lC�-
_y Ly S
W5 mit/ '9 'ccue 5s
LA c2PR1. A/.oU/n,/,
8. Deed recorded in the Registry of Deeds in Book Page or Land
Court Certificate NO.. Book J Page I/J7
I
9._The principal points upon which I base my application are as
follows: (must be stated in detail)
The literal enforcement of the no-cut_provision deprives Je ofA
practical entrance to and thereby use of my land for -he p
of construction of �Y_ house. a various o s have..r - o J
to the drivewa • however, -the -PlA NING BOARD could net-
Special
a
Special Permit unless we receive a variance. The construaton'o
the drivew will result.in.minimal disrupti�an �o the_envir-onme
and the quality of the lake. Using S an eyvi a e, -
w40h is- a - r
paper street, would prove a fina�cia q ip.
I agree to pay or a ver is' gin newspaper and iricid'errtal expenses.
Sec.,l APPLICATION FORM
Every application fox._act� _:T��_
ion by .the Board shall -.be made
'ron a'
a form approved by -the Board. These forms shall,be- furnished by the
2lerk upon request. Any communication purporting-tto Ue--an a {
shall be treated as mere nction
otice of-intentiori to leak -reiief-untilaSucch
ime as it is made on the off=icial_-application -f-orm; -Al :; information:
Zled for ---by the form shall --be furnished_by_the applicant in the manner
:rein pre:scribed..
,Every application11...=�'- -_. _ rrJ
sha _be_ submitted with a ylist- oft Parties
Ln Interest which which list shall include `the petitioner; ab tt�rs-
Sf land directly opposite_ oii `any, public-'-or7_2rivate street 'or-- way andrs .
)wners of land within three hundred' feet -of EE -6 -property line all as
=hey appear on -.-the most rete i=,appl-3cable- tax,rl-ist:;,;.:notwithstanding that .
she land of. any such owner is- located in another city -ter. town,` :the
Manning board- of :the town and the planning:,boaxd: ,of every abutting city.
)r town.
-Every application shall be submitted -with Vali application fee
..erestient to cover the cost_ -of postage _of notice 'to _all parties
,in
LIST OF PARTIES .IN_ -_INTEREST_-
IAME
Stella, Sobel and J. Albert_ Bradley-
165
radley 165 North St.
Methuen, Mass. 01844
William and Wanda Averka _
1857 Great Pond Rd.
No. Andover, Mass. 01845 r =
i
William and Helen -Driaeoll
1815 Great Pond Rd ----
No. Andover, Mass. O184fi H
Walter and Dorothyb -
1779 Arc amt�t�;
Great Pond Rd. o
No. Andover, Mass. 01845 _ _ _-_ - _ T -T .
ADD ADDITIONAL SHEETS IF NECESSARY. -
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September 16, 1931
Mr. Kenneth Haphey
11.59 Os000d Street
North Andover. "ass. 01845
Dear r. llinhey:
At its September 15, 1981 meeti nR , the Board of Appeals reviewed
your request for an extension of the variance granted for Lot 12A
on Carsat Pony! Road. y
D.ccordi ng t^ Nass. renerf,l Law. C'zipter 48, Section 10, the expiration
periol for a variance is one ,near, after whicl anomer public hearing
!gust be held.
Therefore, if construction does not cormence on or before October 34,
1981, you rust re -apply for this v- ri ance throunh the Board of Appeals.
Sincerely,
BOARD OF APPEALS
Frank Serio, Or., Chairman
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SACMUS t�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
October 24, 1980
Kenneth Haphey
1159 Osgood St.
Premises affected: Great Pond Rd.
Petition No. 24—'80
A public hearing was held by the Board of Appeals on October 14, 1980 upon
application of Kenneth Haphey requesting a variance from the no—cut provision
in the By—Law so as to permit the construction of a driveway and normal utility
lines in the watershed district.
The hearing was advertised in the North Andover Citizen on September 25 and
October 2, 1980 and all abuttors were notified by regular mail. The following
members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle,
Esq., Vice -Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and
Augustine Nickerson.
The petitioner seeks a variance from the provisions of Section 4.133 (30), Watershed
District, of the Zoning By—Law to enable him to construct a driveway.
According to evidence presented by the petitioner, he intends to construct a
dwelling on property owned by him which has been in his family for many years.
The variance is required since he must cut some brush and possibly trees within
the "no cut buffer zone" set forth in the By—Law. The dwelling is not located in
the zone.
Upon a motion made by Mr. Sullivan and seconded by 14r. Frizelle, it was voted to
grant the variance as requested by the petitioner subject to the condition that the
driveway be no wider than 15 feet. In granting the petition, the Board finds that
each of the provisions set forth in Section 10.4 of the By—Law have been satisfied.
In particular, due to the size and shape of the parcel of land and the necessity of
a driveway in the no -out zone to reach the dwelling, there is a hardship to the
petitioner.
Very truly yours,
BOARD OF APPEALS. f
AEF/iw 0, r\ Frank Serio, Jr., Chairman
^ d NpRT�
. .� 1.• AVAIL M i
4 •• �8sg ,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
October. , 1980
Date ..................16.........
Petition No... �4-' 80 .............
Date of Hearin g.....Oct ober 14 1980
...........�..
Petition of ....... Kenneth. Haphey.... . .. . ................. .
............................
Premises affected .......Land. on. north. side. of.Great. Pond Road ...................
Referring to the above petition for a variation from the requirements of the .. North Andover.
Zoning .BY—Law.,..Sec.. 4.• 1.33} . Paragraph. C .............. .
..............................
so as to permit .. the .construction. of .a .drivewey .end_ normal. utility. lines. to . service
a. new .single. family. dwelling .......................................................
After a public hearing given on the above date, the Board of Appeals voted to .... GRANT .. the
..variance .......................... and hereby authorize the Building Inspector to issue a
permit to ..... Kenneth Haphey . ........... .
............................................
for the construction of the above work, based upon the following conditions:
The driveway will be no more than 15 feet in width.
Signed
Frank .Serio.,. Jr., Chairman. _ ... .
...... Alfred .E.. Fri.zelle, . Esq..,..Vice-Chairman
...... Richard. Trepanier, . Esq..,. Clerk_
.... William. J.. ;3ullivc-91 ........ : ... .
Augustine. Xicicerson.............
Board of Appeals
17 18 1�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOr'1t--D .OF
'fCMUSE
000 0° NOTICE: This application must be typewritten.ry
so 50°APPLICATION FOR RELIEF FROM THE• REQUIRMENTS OF THE ---ZONING
ORDINANCE
Applicant Ken Haphey Address 1159 Osgood Street
1'. Application is hereby made.
(a) For a variance from the requirements of Section 4.133, Paragraph C
of --the Zoning By -Laws.
0
(b) For a Special Permit under Section ,Paragraph of the Zoning
By -Laws ._ ,: A
c As a- art a rieved for review of*a decision made -_!b the Buildin
(�) P Y� gg , Y' g
Inspector or other authority. _
;
2. (a) Premises affected are land x- and buildings numbered
Street. =
(b),: Premises affected are= property with frontage on the- North XX
South .East t-test side of Great Pond Roan Street, and
known .as NO. Street.
(c) Premises affected are in.Zoning.District R.2 and the premises•
affected have_. an area, of 22acresand frontage of 199 feet.
3. Ownership:
(a) Name and address of oimer (if joint ownership,give all nanies):
.Sophie Haphey 1159 Osgood St., No. Andover, Mass.
Date of purchase Previous owner Stanley-Stefanowicz
(b) If applicant is not owner, check his interest in the premises:
Prospective purchaser -
-Lessee
X Other (explain) Son of owner
Driveway
4', -Size of proposed 4CF front; feet -deep..
Height: stories; eet.
a) Approximate date of erection Immediatel
b. Occupancy.or use (of each floor :
(c) ype of construction
5. Size of Existing- Building: feet front; feet deep.
Height stories eet.
�a Approximate date of erection
b� Occupancy or use (of each floor :
(c) Type o� construction
6. Has there been a previous appeal, under zoning, on these premises:
If so, when
7. Description of relief -sought -on this petition: To construct a driveway
to use as an access to said property.as listed in Book No. 839, Page 137 at Registry
of Deeds. Aslo, to have normal utility lines in order -to service a new family dwelling.
8. Deed recorded in the Registry of Deeds in Book Page or Land
Court Certificate NO.. Book 839 Page 13Z •
i
9. -The principal points upon which I base my application are as
follows: (must be stated in detail) a
The literal enforcemitnt of t rovision deprives me of a practical
entrance to and thereby use of ray land for the purpose of construction of my house,
could not
of the drivewa
.a havA o the driveway; however the -Planning Board.
a Special Permit unless we receive -a variance. -V=cozWi-ri'ction. .
will result in minimal disruption to the environmeA_and the
quality of the lake, ' lle Lane which- is -;a gaper street, wotiild _
prove a financial ar&; '
I agree to pay fo advert's' gin newspaper) and iris"icerrtal -expenses.
('Petitioner -9. -Si .nature_)
Sec,,1 APPLICATION FORM •��-
Every application.fp-r action by the Board -shall be madeon
a form approved by -the Board. These forms shall be -furnished by the>_.
clerk upon request. Any communication pu-rporti g�o-Ue an application
shall be treated as mere notice of -intention to- seak_rel-ief_;until -such
time. as it is made on the .of£f-'icial=application-',f%_A1 :,-info?-rnatibn:
called for:; by the form shall. be VIP --the applicant in the manner
herein prescribed..
Every application ,� i1 :.:� = f _...:,_.
slza be�_submitted with a vlist ofV Parties
Interest. which list shall include the petitioner,- a—b—d -
land directly opposite ori any, public' -or, p-ryvate .street-or--*way-andrs
oianers of land within three hundred. feet of Oie- property line all as
they appear on. the most receri--
app 11cable, tax r-list;,;:notwithstanding that.
ale land of . any such owner is located in another city -or. town;' :the
planning board.of-.the town and the planning boatA,of every abutting city
or town.
-Every application shall be -submitted-withWari application fee
sufficient to cover 'the cost of postage of notice to all parties in,,in-
cerest.' - -
LIST OF PARTIES IN_;INTEREST_- - _,-�
JAME_ADDRESS - ,^.
Stella Sobel and' J. Albeft- Bradley - -- - _
165 Nortb St. _ .
Methuen, Mass. 01844
William and Wanda Averka,
1897 Great Pond Rd.
'No. Andover, Mass. 01845
ADD ADDITIONAL SHEETS IF NECESSARY..
William and Helen Driscoll
1815 Great Pond Rd.----= =
- - - _
No. Andover, Mass. 04-84-5-
Walter and Dorothy Archambault-
rchambault;1779
1779Great Pond Rd. i arsr . •
.. ; _ - __ o
No. Andover, Mass. 01845
- , -, -_
ADD ADDITIONAL SHEETS IF NECESSARY..
BUILDING INSPECTOR
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BUILDING DEPARTMENT
Board of Appeals
Town Office Building
North Andover, Ma.
Re: Kenneth Haphey Petition
Gentlemen:
Octbber 14, 1950
Mr. Haphey was refused a building permit because of the
requirements of the Watershed District in the Zoning By—Law and
was referred to the Planning Board for a special permit. However,
the Planning Board felt that they could not grant the special
permit and they referred Mr. Haphey to the Zoning Board of Appeals.
Very truly yours,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
CBF: ad
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date ........ October. 16, 1980
Petition No... .24-180 .............
1
Date of Hearing ........Oct.o....ber.4, 80
.1... 9
Petition of ....... Kenneth_ Haphey
............................
Premises affected ....... Land on the north side of Great Pond Road
.......................................................
Referring to the above petition for a variation from the requirements of the .. North Andover.
Zoning .By-Law.,..Sec..4A 1.33} . Pa's'&pi?. G ............................................
so as to permit .. the .construction. of .a .driveway _and. normal. utility, lines. to. service
a new .single. family. dxelling.......................................................
After a public hearing given on the above date, the Board of Appeals voted to .... GRANT .. the
..variance .......................... and hereby authorize the Building Inspector to issue a
permit to .....Kenneth Haphey. ............................................
for the construction of the above work, based upon the following conditions:
The driveway will be no more than 15 feet in width.
Signed
.. . ...Frank Serio,,. Jr., Chairman
.... Alfred .E.. Fr.zelle, . Tsq.., .Vice --Chairman
...... Richard. Trepanier,.Esq..,. Clerk
... William. J.. Sullivan .............
Augustine. Nickerson.......... ..
Board of Appeals
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SSACMUSES
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town Office Building
North Andover, Mass. 01845
October 8, 1980
Re: Petition #24-180 — Kenneth Haphey — Variance from "No—Cutt' Buffer Zone
Dear Mr. Serio:
At its October 6, 1980 meeting, the Planning Board discussed the above
captioned petition,
On a motion made by Mr. Michael Roberts and seconded by Mr. John Burke, it
was voted unanimously to notify the Board of Appeals that the Planning Board
has rejected the Haphey application, and as a Board felt that it should be
reviewed by the Board of Appeals because of a marginal conflict with the
zoning Rules and Regulations. As a result, the Planning Board could not
approve the plan.
Attached please find correspondence from Mr.
the Planning Board, explaining in more detail
this petition.
jw
William Chepulis, Chairman of
what has transpired to date on
Very truly yours,
PLANNING BOARD
Paul A. Hedstrom, Esq.
Vice—Ghairman