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HomeMy WebLinkAboutMiscellaneous - Lot 14 Great Pond RoadA P FL I C AT 10, F �0 N DECISION DUE 0MA' OF � - :� south side of Great- wn as Lot 14 0/ FITZGIBBONS, SLIPP & HOMSEY TOWN ATTORNEYS AT LAW No��'� 316 ESSEX STREET JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01840 APR�EPHONE PETER T. SLIPP T ( 681-0666 KENNETH M. HOMSEY - Town Clerk's Office North Andover Massachusetts 01845 Attention: Daniel Long Dear Mr. Long: Please find enclosed a Notice of Appeal pertaining to Kenneth Daher, Petition No. 12-'85. Very truly yours, FITZGIBBONS, SLIPP & HOMSEY Joseph .Fitzgibbons 7 JF:gcm Enclosure RECEIVED ! DANIEL LONG TOWN CLERK NORTH ANDOVER APR COMMONWEALTH OF MASSACHUSETTS KENNETH DAHER, ) Plaintiff ) ) VS. ) FRANK SERIO, JR. ALFRED ) C. FRIZELLE, WILLIAM J. ) SULLIVAN, WALTER F. SOULE) AND MAURICE S. FOULDS, as) they are members of the ) Board of Appeals of the ) Town of North Andover, ) Defendants TRIAL COURT SUPERIOR COURT DEPARTMENT C.A. NO. COMPLAINT 1. This is an appeal from a decision of the Board of. Appeals ` of the Town of North Andover (Board of Appeals) pursuant to M.G.L.A. chapter 40A, section 17. Said decision is dated March 15, 1985, and filed with the Clerk, Town of North Andover, on March 21, 1985, a copy of .which is attached as Exhibit "A". 2. The Plaintif.f,.Kenneth Daher, is a natural person and a resident of Methuen, Essex County. 3. The Defendants are the members of the Board of Appeals. 4. The Plaintiff entered into an agreement to buy a lot of land on Great Pond Road in said town. 5. The Plaintiff duly filed an application for a variance from the provisions of section 4 133 (c) of the Zoning By -Laws of the Town of North Andover, which provides in pertinent part that "A no -cut buffer zone shall exist one hundred fifty (150) feet horizpntally from the annual mean high water mark of Lake Cochichewick". 6. The Plaintiff's lot has its only frontage on Great Pond Road in said town and said frontage and the access to the lot is located within the above -mentioned -no -cut buffer zone. 7. The Plaintiff demonstrated to the Board of Appeals that the only access to lot required cutting some vegetation in order to construct a driveway. 8. The Board of Appeals found that the proposed driveway could be relocated and the need to cut vegetation within the no cut zone eliminated and therefore, no hardship was shown by the Plaintiff. 9'. The decision of the Board of Appeals was erroneous in that any access to the lot requires some cutting of vegetation and because cutting of vegetation requires a variance, the decision of the Board of Appeals is legally untenable and thus exceeds the authority of the Board of Appeals. Wherefore, the Plaintiff demands: 1. That the Court enter a judgment annulling the decision of the Board of Appeals. 2. That the Court enter such further order and/or judgment as it deems just. KENNETH DARER, Plaintiff -74 His Attorney JOSEPH FITZGIBBONS, ESQ. FITZGIBBONS, SLIPP & HOMSEY 316 Essex Street - Lawrence, MA 01840 Tel. No. (617) 681-0666 ."' "��•'•" hall be filed • " '� A Weal s REt:�lYEO ..,,� , Any a DAN; E! LONG 00: A1000" within (20) days after, the :, tars date of filing of this Notice N 0 R T h t.!f0�0YER ; +tPlus ;� in the Office Of the Town MSR 21 1135 AN '85 Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS . BOARD OF APPEALS NOTICE OF DECISION Date .. , ... M4rc4.15., 1985.... Petition No..12-! 85 Date of Hearing.Ma.rch..11.,.. 19$5 Petition of KENNETH DAHER Premises affected Lot .14. Great Pond Road Referring to the above petition for a variation from the requirements f the Zoning ,By..Law Sect --in 4.133 (c) so as to permit the construction of a driveway within..'.5.0 . feet. of the.. annual mean high water mark .of Lake Cochichew.i:,k.................... After a public hearing given on the above date, the Board of Appals w ed to Dene the variance u a xbx >xa�t tkcex&�i k tipc ia-xpat orxt iss�+exat >PCMit AR_ .�wf�exooRs�uxkst+x�ab�f��b�a�xoaJaxlrxsxd�uRoc�cblzxfotbaxicr�x�biora�x ,t RECEIVED DANIEL LONG MORTI, T W r} ER{/ f 1 NORTH ANDOVER S - s1ACNUSt Any appeal shall be flied within (20) days after the date of filing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER " MASSACHUSETTS BOARD OF APPEALS March 15, 1985 Mr. Daniel Long, Town Clerk Kenneth Daher Town Office Building Lot 14 Great Pond Rd. North Andover, Mass. 01845 Petition No. 12-185 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, March 11, 1985 upon the application of Kenneth Daher. The hearing was advertised in the North Andover Citizen on February 21 and 28, 1985. and all abutters were notified by. regular mail. The following members were present and voting: Frank Serio,Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; William J. Sullivan;--And-Associate Member Walter F. Soule. - The petitioner 'seeks a variance from the provisions of Section 4.133 (c) of the Zoning -By Law so as to permit the construction of a driveway within 150 feet horizontally from the annual mean high water mark of Lake Cochichewick, on premises located on the South si-de--of- Great-- Pond- Road-,-- known as- Lot--14--Great--Pond -Road;- located in the Residential -2 (R-2) and Watershed zoning districts. Mr. Daher testified that he is the prospective purchaser- of two and one-half acres on Great Pond Road and in order to construct the driveway to.the proposed dwelling some cutting of trees will be necessary. He has tried without success to gain access to the dwelling without the need for a variance. The proposed dwelling will be connected to a private sewer system.. No opposition -was voiced at the hearing. A motion was made by Mr. Soule and seconded by Mr. Sullivan to grant the variance as requested. The motion failed to carry, with Member -Soule voting in favor ,and, Members Serio,', Frizelle and Sullivan voting in opposition. Accordingly, pursuant 'to the North Andover .Zoning By Law, .Section 10.4 and M.G.L., Chapter 40-A, the variance is. denied. ATTFSTt A True Copp Town Clerk Kenneth Daher Lot 14 Great Pond Road Peti tion •No. ' 12-' 85 March 15, 1985 Page 2 RECEIVED DANIFL LONG TOWN CLERK NORTH AM OVER MAE 21 i l 55 AN '85 In denying the variance, the Board finds that Section 10.4 of the Zoning By Law has not been satisfied. finds that the proposedway.In Particular, the Board eliminate the need ocut vegetation can b within relocated 150 f et thereby Lake Cochichewick, the town's water supply. Lake been shown b the pp y• Therefore, no hardship has y petitioner. The Board further finds that granting the variance would create a detriment to the public good, since one intent of the Zoning By Law is to protect the lake and to allow the petitioner to cut vegetation and to allow future run-off from the proposed driveway to enter the lake would have a damaging affect on the water.supply of the people of North Andover. Sincerely, BOARD OF --APPEALS Frank Serio, Jr., Chairman )w . 0 F-, I I C r:-4 S 61=: APPEALS FlUILDING: CONSERVATION HEALTH PLANNING Of To.ri of xri 20 Main Sireel �N r -W0'V 601 Andover, :ice�'�'NORTH ANDOVER Massachusetls 0 1845 49 C U DIVISION OF (617) 685-4775 PLANNING & COMMUNITY DEVELOPMENT KAREN FLP. NEI -SON, DIRECI-OR March 30, 1987 Kenneth Daher 85 Swan Street Methuen, MA 01844 Re: Enf orqje,!,nen,t Order i sued March .3, 1987 Dear Mr. Daher: This letter iswritten to verify a site inspection by me to inspect the erosion control devices required by the Conserva- tion Commission. The erosion control measures are satisfactory, and met, with the requirements of the NACC. You -may commence, construction on the site as originally proposed. If you have any further questions, please call me. Sincerely, NORTH ANDOVER ONSERVATION Nancy J. Sullivan Conservaton. Administrator NJS/mlb, C: Planning Building Dept. !C7_Zoning Board of Appeals CL �> T lC� LX C cis R 7 O. m a`) am > a �'a _ 04 °_ m w z oRTh�ti Any appeal shall be flied r ; , .� REE. f'lEl) i3����"'°'��ooA (20) days after the z DAN.; ! oNG . . o:> < �. TOYN C zRK : •' pass '• within otice of this N date of filing g NO.R r E� f:.4100YER �s9ss• ��`hr the Office of the Town , < ►► gcNU9 In MAR I I ►•...�•�< Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -; NOTICE OF DECISION x ,� In . 85 .........,..9 Date .... ° March.15 1 - - ..... PetitionNo.. 12 - ! .8 5 ............. Date.of Heai;.-g•Ma•rch...11,...1.9$5 Petition of KENNETH DAHER . . Premises affected ...'Lot. 14.-G,reat. Pond •Road, • _ .. _ . Referring ' to the above petition for a variation from the requirements of the.. Z on.i ng. • By -taw ; Section 4..133...(:c.).:..:..., so as to permit the constructiohi of. .a driveway. within. feet..of..the .. i ,15:0. annual. mean. high .water .`mark..of. ,Lake. C.ochichew.ick.............. - --"- After a public hearing given the above date the Board of Appeals �,)ted to . Den. P g � PP y ...... the. variance amak faeml�m gt > thexl hd..k'. bgx Impettorxtoximexac ' >qmmitAa.. a 's Signed Frank Serio, Jr. ,.• .Chairman Alfred E..Frize,lle,.Esq.,, Vice Chairman William J. Sullivan a.Iter .F.. Soule .... _ ..... c Board of Appeals , ENED Any appeal shall be filed RE" E �' E D � . o after the .� oQ"'° • of DAPf D. !_4;NG ; o;.� �o;� within (20) days Notice r0Y-"! c! 71;>K i8ss � �� date of filing of this ;,� , ��q •� in the Office of the Town NORT4s �;;;i,,;`rER , ss••...•�, ► gCNUS Clerk. MAR I t 35 AM 185 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS x NOTICE OF DECISION . tR Date ...... '.larCh. .15.,.. 19 85.... y Petition No. 12 - ! .8 5 J4 W - - -._ Date of. Hea, ng.March .11... 19.85 !? Petition of KENNETH DAHER ... .......... . ..... .. F ...Lo_t. 14, Great. Pond .Road. Premises .affected ................................. Referring to the above .petition for a variation from the requirements of the . Zoning.., yY ,Law Sects,in 4..133..(0)........ t j so as to permit the. cons truction..of..a..driveway. within..15.0 . feet-of..the �< 3 x, annual .mean. high. water.mark..of..Lake. Cochichew.ick................... . After a public hearing given on the above date, the Board of Appeals voted to . Deny ... the variance ....... mxk kemb�x xmdmdzm"xRWkh gx lnspectrxxtwduuem i .. ..................................... ...... mix f�������x�&�bia�xvrkxhaa��aoi�feotha�ti�x�oio�; • g Signed f€ Frank Serio, Jr., Chairman Alfred E. Frizelle, Esq..., Vice Chairman William'J. Sullivan s Walter F. Soule :.......... . . Board of Appeals w : RI:CDVED GA�E11 !. LIMG TUh�'r; �,! rRK MAR 21 I f 55 AN '85 NORTN FSA sSACMus! TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS eal shall be filed Any app within (20) days after the date of filing'of this Notice in. the Office of the Town Clerk. March 15, 1985 Mr. . Dani el Lon Town I Clerk 9� Kenneth Daher Town Office Building Lot 14 Great Pond Rd. North Andover, Mass. 01845 Petition No. 12-'85 Dear Mr. Long: The Board of Appeals held a public hearingon Monday evening,, Y 9• March 11, 1985 upon,the application of Kenneth Daher. The hearing was advertised in the North Andover Citizen on February 21 and 28, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq..,. Vice Chaijnan; William J. Sullivan; and.Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 4.133,(c) of,theZoning By Law so as to perm't '`he construction of a driveway within 150 feet. horizontally fron, the annual mean high, water mark of Lake Cochichewick, on premises loca-`ed on the South side of Great Pond Road, known as Lot 14 Great Pond Road, located. in;the Residential -2 (R-2) and Watershed zoning districts Mr. Daher testified that he is the prospective purchaser of two, and one-half acres on Great Pond Road and in order. to construct the'driveway to the, proposed .dwelling some cutting of trees will be necessary. He has tried without success to gain access to the dwelling without the need for a variance. The proposed dwelling will be connected to a private sewer.' system. y, No opposition was voiced at the hearing. A motion was made by Mr. Soule and seconded by Mr. Sullivan to grant the variance as requested. The motion fa?.led to carry, with. Member Soule voting in favor and Members Serio, Frizelle and Sullivan voting in opposition. Accordingly, pu:_:suant to the North Andover Zoning By Law, Section 10.4 and M.G.L., Chapter 40-A, the variance .is denied..• Ii k REUWE0 DANIFL LONG Kenneth Daher TOWN CLERK Lot 14 Great Pond Road WORTH .HOOVER ,Petition. No. 12-'85 D March 15, 1985 MAR 21 11 55 AN '85 Page 2 t 3 In denying the variance,. the Board finds that Section 10.4 of the IN Zoning By Law has. not been satisfied.' In particular, the Board finds that the proposed driveway can ,be relocated and thereby eliminate the need to cut vegetation . within _h..50 feet of Lake ` Cochichewick, the town's water supply. Theref'Ore, no hardship has been shown by the petitioner. ;. The Board further finds that granting the varir;.:+nce would create a detriment to the public good, since one intent' of the Zoning By- .,Law is to protect the lake and to allow tb- F:ititioner to cut vegetation and to allow future run-off, from .h- proposed driveway to enter the lake would have a damaging affect t.n the wester supply, of the people of North Andover. Sincerely, BOARD OF APPEALS Frank Serio, Jr.,.r Chairman, jw r?i Y NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: March 11, 1985 Re: Petition of Kenneth Daher Mr. Daher requires a variance for the cutting of brush and trees if his driveway is to be allowed from Great Pond Road to his house on Lot ##14. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:af E TEL. 888-8102 Rec-eiv'ed ;Dy Town C'1erk-r� Dates ttECEIV'EE1 TOWI� OF NORTH- AiJDOVE,R, MASSA.CHUSET S ' RG' BOARD 0.F APPEALS -;,;t Jime TOWN C�.ER a��cwus.' u 40 T -i -A ND CDE oVce: Thies .appl i cat.i on must, be typ ,wr_i tt.en' ti AMMAT40IRa%,kELIEF FROM THE RE QUIR'EMENTS OF THE ZONING ORDI-11ANCE App14 4- Kenneth E, Daher Address 85 swan.St. Meth. Na. 1.0 Application is' hereby made (a) For a variance from the requirements of Section /Paragraph C° and Table of theZonin..g by -Laws. M (b) Fora Special Permit under Section Paraeraph of the , Zoning By -Laws: - (c), As a party aggrieved, for review of a decisior made by th•e Building - Inspector or other ,authority. 2. (a) Premises affected are land and bui'lding(;) numbered Lot#14 Great Pond Rd. Street. (b) Premises affected are property with frontage cit. the North ( ) South ( x) East ( ) West ( ) side of Street, and known as No.r Street. ( c) Premi-s.es affected are in Zoning Di s.tri ct V` p -c , and the premises %` -- affected have an area -of square fe-t and frontage of 150 feet. e 3. Ownership (a) (lame and.address of owner (if joint ow))nership,.give all names): --- - - seo 1, Cate of pur%crubreviou Owner (b,) If applicant'is not -owner, check his interest in the premises x Prospective Purchaser Lesee (they (explain) 4. Size of proposed building: front)aet deep; Height: stories; -feet. (a) Approximate date of erection: 85 _ (b) Occupancy or use of each floor: (c) Type.of,construction: Driveway 5. Size' o'f existing building:. feet front,; _ feet deep; Height stories; feet. (a) Approximate date of erection: 85 {b) Occupancy or use, of each floor: Type of construction: M 6. Has .there been, a. previous appeal under zoning, on these premises? no If so; when? 7. Descri pti.on of .relief sought,on this petition— The etitionThe lot is of no use' ,and creates hardship bbnle6E—ge„ .granted for driveway. 8. Deed recorded in the. Registry of Deeds in Book 103 Page 267 or Land Court Certi.fi tate No. Book ®3 _ ­;ige Name Address Town of North.Andover - 120 Main St. North Andover, Ma.. Joseph Sobel 1689 Great Pond Rd. Norh Andovera. 01845 John & Joan Thompson 1725 Great Pond Rd. North Andover, � -, Ibramh m E hefni -Ma. 0184,5 1665 Great Pond Rd. North Andover] �j M4. 01845 s: Jayson Realty A 61 Inc. ?54 Forest St. North Andover, Ma. 5 Charles ,Sulli.van 1'36 Hidden Rd. Andover, hla. John Desmond 1775 Great Pond Rd. North Andover, Pla . 01845 fo1. 4. (Use additional sheets if necessary) Sec: 1. APPLICATION' FORM Every_ application for.'action by the Board shall be made..on a form approved by the" Board.. These forms shall be ,furni shed by the clerk upon request. Any communication purporting to be an application shall be treated a.s mere notice of intention to seek relief until 4 such time as it is made on the official appl i,ca+.ion form. A11 in- formation called for by the form,shall be furni, hed by the applicant J ,T The. ,pri ncipal poi mts .upon w h i ch I base, my app'l i cat,i on- ar'e-as„ fo.l lows; �F (Must be' stated i n detai 1) of land directly opposite on any public or priv,te street or way, The. 1'ot. 'is of :,no use, and creates a ,;hardship- ',_ unless.' line of the petitioner as they appear on the nost'recent applicable tax l,i st, notwi.thstandi ng that the land of a..y s ich owner i s located „. -- ' - i n another city or town, the Pfanni ng Board of tn,, ci ty or town, and permission is anted for ' ' drivewa' aye x' * Every application shall be submitted with an appYication charge cost in the amount of $25.00. In- addition , the petitioner shall be respon- sib1e for any and all costs_involve.d in'bringing the petition before the .board. Such costs.shal1 include'mailing and publication, but are not necessarily limited to these, LIST OF PARTIES IN I14TEREST - (1, - •J agreep y. for ,adverti-si g in newspaper and incidental expenses. _ Petitioner's Signature f Name Address Town of North.Andover - 120 Main St. North Andover, Ma.. Joseph Sobel 1689 Great Pond Rd. Norh Andovera. 01845 John & Joan Thompson 1725 Great Pond Rd. North Andover, � -, Ibramh m E hefni -Ma. 0184,5 1665 Great Pond Rd. North Andover] �j M4. 01845 s: Jayson Realty A 61 Inc. ?54 Forest St. North Andover, Ma. 5 Charles ,Sulli.van 1'36 Hidden Rd. Andover, hla. John Desmond 1775 Great Pond Rd. North Andover, Pla . 01845 fo1. 4. (Use additional sheets if necessary) Sec: 1. APPLICATION' FORM Every_ application for.'action by the Board shall be made..on a form approved by the" Board.. These forms shall be ,furni shed by the clerk upon request. Any communication purporting to be an application shall be treated a.s mere notice of intention to seek relief until 4 such time as it is made on the official appl i,ca+.ion form. A11 in- formation called for by the form,shall be furni, hed by the applicant in the manner therein prescribed. Every application shall be submitted with a lis of`"Parties in Interest" which list shall include the petition;^, abutters, owners of land directly opposite on any public or priv,te street or way, and abutters to the abutters wi thi n, three ,hundr( d feet of the .property t line of the petitioner as they appear on the nost'recent applicable tax l,i st, notwi.thstandi ng that the land of a..y s ich owner i s located „. -- ' - i n another city or town, the Pfanni ng Board of tn,, ci ty or town, and the Planni-ng Board of every abutting city or town. J x' * Every application shall be submitted with an appYication charge cost in the amount of $25.00. In- addition , the petitioner shall be respon- sib1e for any and all costs_involve.d in'bringing the petition before the .board. Such costs.shal1 include'mailing and publication, but are not necessarily limited to these, LIST OF PARTIES IN I14TEREST Name Address Town of North.Andover - 120 Main St. North Andover, Ma.. Joseph Sobel 1689 Great Pond Rd. Norh Andovera. 01845 John & Joan Thompson 1725 Great Pond Rd. North Andover, � -, Ibramh m E hefni -Ma. 0184,5 1665 Great Pond Rd. North Andover] �j M4. 01845 s: Jayson Realty A 61 Inc. ?54 Forest St. North Andover, Ma. 5 Charles ,Sulli.van 1'36 Hidden Rd. Andover, hla. John Desmond 1775 Great Pond Rd. North Andover, Pla . 01845 fo1. 4. (Use additional sheets if necessary)