HomeMy WebLinkAboutMiscellaneous - Lot 14 Great Pond Road (2)Cl Varian
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APPLICATION FILED CN:: /
DECISION DUE ®N:______
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MADE IN U.S.A. NO. 752 113
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Legal Notice
TOWN 0;1'
NORTH ANDOVER'
UARD OF APPEALS
NOTICE
of
0
7
SACHUS
May 21, 1985
Notice is hereby given that the'
Board of Appeals will give a
hearing a the Town Building,
North Andover, on Monday
�vening, the 10th day of June
985. at 7:30 o' 'Clock, to all par-
ies interested in the appeal of
(ENNETH DAHER requesting a
'pecrial Permit under Section 4,
lar. 4.133(d) of the Zoning By
Aw so as to permit the con.
Aruction of a driveway within
150 feet of Lake Cochichewick,
ind 100 feet from a tributary on
'he Premises, located at the
south, side of Great Pond Road
known as Lot 14, Great Pond
Ad.
By 9rder of the Board of Ap.,-,
Frank Serio, Jr.
I Chairman
Publish WA. Citizen: May 23_'
and 30, 198.5 g 13
L egal Notice
7____tdWN —OF
NORTH ANDOVER
BOARD OF APPEALS
NOTICE
May 21, 1985
Notice is hereby given that the
Board of Appeals will give a
hearing at the Town Building,
North Andover, On Monday
evening, the 10th day of June
1985, at 7:30 o'clock, to all par-
ties interested in the appeal of
KENNETH DAHER requesting a
Special Permit under Section 4,
Par. A.133(d) of the Zoning By
Law so as topermit the con-
struction of a driveway within
250 feet of Lake Cochichewick,
and 100 feet from a tributary on
the —premises, located at the
South. side of Great Pond Road
known as Lot 14, Great Pond
Rd.
By Order of the Board of Ap-
peals.'
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: May 23
and 30, 19815 - g13
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Thurs., Fri., Sat.
M a y 2 3, 2 4.); 425
YOUNG FASHIONS
93 MAIN STREET
ANDOVER, MA
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►�}�ACH135, � {j
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICI
...May . 2.1 .......1985.
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on... Monday.,
:evening ....... the .10 thday of :...... June ..........
19. 8 5 , at. 7 :.3*lock, to all parties interested in the appeal of
......KENNETH.-DAHER......................
requesting arr)okSo x.xxxxxxxxxxxxx)ofct tmt ingx .
>BWJzwSGm&dmT=n3ik _Special. -Permit.un.der..Se.ction
4,. Par... .4...13.3..(d).. of. the..Zon.ing..B,•..Law..so as
to. permi't..the . construction. of. a.. d. -iveway within
,250..feet. of. Lake .Cochichewick and 100 feet
....
from a tributary
on the premises, located at. the.side c f Great Pond
.
Road, known. as . Lot..14, Great Por 1 pd.
By Order of. the Board of Appeals
By: Frank Serio, Jr., Chairman
Publish: Citizen: May 23 and 30, 1985.
Send bill to: Kenneth Daher,
85 Swan St. '
Methuen, MA 01845
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�Aotice
NORTH
0- p
,SSACHUs�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel .Long, Town Clerk
Town Office Building
North, Andover, MA 01845
Dear Mr. Long,
Re"vf 6
t�I
,..�.
D.ANIEt.l_ONO
TOWN HER c
NORTH /a.HUOVE
Ste 23 11 ox Qm
September 17, 1985
Kenneth Dahar & Joseph Sobel
1689 Great Pond Road
Kenneth Dahar
=Lot 4, Great Pond Road J
i Petition#42-85, #43-85
The Board of Appeals held a public hearing on Tuesday evening, September 10,
1985 upon the application of Kenneth Dahar & Joseph Sobel and Kenneth
Dahar. The hearing was advertised in the North Andover ":,.tizen on May 23
1.
and May 30, 1985 and all abutters were notified by regular mail. The
following members were present and voting: Chairman Frank Serio, Jr.,
Vice Chairman Alfred E. Frizelle,, Esq.,'Clerk Augustine W. Nickerson,
William J. Sullivan and Walter F. Soule.
The petitioners seek a special permit under Section 4, Paragraph 4.133(d)
of the Zoning Bylaws, so as to building.of portion of driveway over
wetlands can be done.
Motion made by Mr. Frizelle to GRANT this special permit provided the
---- following conditions are met: No vegetation, trees or shrub cut within
the non -cutting zone on said property or Sobel property; that proposed
dwelling be made to tie into sewer system; and second row of hay bales
be put -in to prevent erosion, or whatever other steps necessary as,
as determined by Building Inspector.
Sincerely.,
BOARD OF APPEALS
ira Serio J
Chairman
/awt
11
Q
hall be filed
any appeal 5_ , ;after the
�•. is Notice
within l' ti _, .
date of i of the �oWn
in the oftice
ClerK• ''_
3 •` ,�gllMRty�
• N
1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
W1i YY1LL ����
TOWN C'LFR cy�
H()fk-fjjNN�0NER
SOS ` ;
Date .: September. .17.,..19.85. .
Petition No...4 2 - 8 5 .. & . A 3 T -E 5 ...
Date of Hearing. September. .10.,. 1985
\Petitionof .•Kenneth•Dahar•& •Joseph•Sobel- #43-85••••••••••••••• •••.......•••
Ke neth Dahar, #42-85
Premises affected .......:................
-Lot- •4• -Great • Pond• -Rd-,- -and- Tt 84 -Great
RePori RO d. Section 4, Par. 4.133d.
f g to le above petition for a Wi,}m from the requirements of the ................ .
of the zoning bylaw. Special permit so as to permit the construction
• • . • • . of • a -driveway -within. 2.50. -feet. from -Lake. •Cochiehewick - and. •10G, -feet
from a tributary, on the south side of Great Pond Road.
soas to permit ..................... .................................................
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 . construct. -driveway
for the construction of the above work, based upon the following conditions: Motion made by Mr.
Frizelle to GRANT the special permit provided following conditions
are met: No vegetation, trees,or shrub •ut within the non --cutting
zone on said property or Sobel property; that proposed dwelling be
made to tie into sewer system; and second row of hay bales be put
in to prevent erosion, or whatever other steps necessary as determined.
by Building Inspector Signe
rank Serio Jr. Chairman
..............................
Alfred E. Frizelle, Esq., Vice Chair.
Augustine W. Nickerson, Clerk
William.J. Sullivan
..... J
Walter F Soule
..................................
Board. of Appeals
NORTH 1
Of i.��O •. �O
i
S34 us
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS 1,
August 5, 1985
Fitzgibbons, Slipp & Homsey
315 Essex Street
Lawrence, Mass. 01840
Attention: Kenneth M. Homsey
Dear Mr.. Homsey:
Please be advised that our next scheduled meeting of
the Board of Appeals will be held on August 12, 1985, Monday
evening in the North Andover Town Building at 7:30 p.m.
Your request for a variance for Mr. Kenneth Daher will
be reviewed at this meeting. If you have any questions.con-
cerning this, please advise this,office.
Thank you.
Very truly yours,
Frank Serio, Chairman
BOARD OF APPEALS
/awt
R .G
\ 1
FITZGIBBONS, SLIPP & HOMSEY
ATTORNEYS AT LAW
316 ESSEX STREET
JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01840
PETER T. SLIPP
KENNETH M. HOMSEY
June 10, 1985
Frank Serio, Chairman
Board of Appeals
Town of North Andover
North Andover,7fKenneth
Re: Petition Daher
Dear Mr. Serio:
This letter will serve to acknowledge that Joseph
Fitzgibbons, Esquire, of this office, represents Mr. Daher
relative to his application to your Board. Due to circumstances
beyond his control, Mr. Fitzgibbons will not be able to attend
tonight's hearing, as he left for a trip abroad prior to learning
of the hearing's date.
Therefore, request is hereby made that your consideration
of this petition be postponed to your next regular date for
hearings.
Very truly yours,
FITZ,GI-SBONS, SLIPP & HOMSEY
tf
. '�4
/Kenneth Hornsey
KMH:eml v/
TELEPHONE
(617) 681-0666
�r
TNSPF.CTOR OF BUILDYNGS
ELECTRICAL INSPECTOR
GAS INSPECTOR
NORTH ANDOVER BUILDING DEPARTMEL:T
120 MAIN STREET
NO11'I'11 ANDOVER, MA 01845
June 10, 1985
Board of Appeals
Town Office Building
North Andover, Ma.
1 r __
Re: Petition of Angus Realty Co.
p�_
" Daher & Sobel & 'Kenneth. Daher
Gentlemen:
The above petitioners were referred to your Board
because the Zoning Board of Appeals now has jurisdiction on
Special Permits in the Watershed District allowing construction
within 250 ft. of Lake Cochichewick.
Very truly yours,
CHARLES H. FOSTER
L
INSPECTOR OF E'ILDINGS
AND
ZONING, OFFICER
CHF : of
F D
ass^cHusf�
TFL. 888-8102
P6RBhIhO 8 0
ORB
TOWN OF NORTH ANDOVER
MASSACHUSETTS
TO: Frank Serio, Chairman, Bd. of Appeals
FROM: Michael Roberts, Chairman
DATE: June 10, 1985
SUBJ: Watershed District Special Permits
Based on Town Counsel's letter dated May 8, 1985, a building permit
and special permit had to be approved by March,1985, (the date of the
.first moratorium legal notice) in order for the Planning Board to
maintain its jurisdiction under Sction 4.133(d)..
Therefore, the purpose of this memo is to take the opportunity to
comment on each application, now before the Zoning Board of Appeals.
B. Angus Realty Trust
This plan was reviewed by the Planning Bd. at several public
meetings. The new proposal is to remove the existing store
and construct a larger retail complex. r -ainage is being
directed away from Lake Cochichewick by reLrading the site, in
addition to tying into the new sewer line.
After considerable review and input from o{her departments, we
recommend that the applicant modify the plzns by removing that
portion of the building within 350 fee 'c,f the Lake and
enlarging the building elsewhere. Tae applicant can
accomodate this change on the plan.
C.& D. Daher & Sobel: Great Pond Rd.
The Planning Bd. approved a common driveway for these two lots
to provide access to Lot #14 Great Pond Rd. The approval was
based on several conditions listed in the decision (a copy of
which was forwarded to your Board). If the applicant strictly
adheres to the Planning Board's decision, we recommend that
your board approve the special permit provided the applicant
completes the driveway construction by Septmeber 1,1985.
Watershed District Special Permits
---Page Two
---- E. Coolidge Construction: Great Pond Rd.
The history of this parcel dates back t-) ,a June 1984
Preliminary Subdivision Plan disapproved showing 3 lots. A
definitive plan was resubmitted showing 2 lots on a
cul-de-sac. We had previously advised the applicant that due
to the environmental sensitivity of the parcel, one lot would
be the most feasible, thus eliminating the road construction
and crossing of a tributary to the Lake. On June 3, 1985, the
Planning Bd. accepted the applicant's request to withdraw the
subdivision without prejudice.
We would recommend that there be no decision made on this
special permit until the Conservation Commission has reviewed
and provided the necessary input on the impact on both the
wetlands and Lake.
F. Coolidge Construction
The proposed new house and common drivewG► construction on
lots 2-5 on plan show considerable constru-.tion activity on a
7'. acre parcel of land located entirely ii the Watershed
District. -
It is this type of development that should be scrutinized by
the Board of Health (for both the septic ai-d well proposal)
and the Conservation Commission concerning he impact on
wetlands. The driveway, house locations and septic systems
should be staked and we recommend a joint site visit to view
the proposed construction impact.
Lastly, the applicant must go before the Planning Board for a
special permit to construct a common driveway.
G. Coolidge Construction: Dale Street
Would you kindly provide our office with a plan to review in
order to make the appropriate recommendations.
We would appreciate notification of any forthc-)ming applications
and plans for construction by special permit in the Watershed
District. We realize that your Board has been inu?;dated with these
requests, and would like to offer any assistance n processing or
reviewing these plans as you see needed.
Thank you.
/kp
Received by Town Clerk: s,
RECEIVED
DANIEL i.:ONG
TQ CHR
WORT -H.
PTTW
rTOWN OF NORTH ANDOVER, MASS11
��7
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant_ Kenneth Daher _ _Address 85 Swan St. Methuen Isla.
1. Application is hereby made:
a) For a variance from the requirements of Section Paragraph
and Table of the Zoning By Laws.
b) For a Special Permit under SectionsE
Paragraph_fdthe :Zoning
By Laws.
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land X and building(s) numbered
Lot # 14 Great Pond Rd._ Street.
b) Premises affected are property with frontage on the North ( )
South (X) East ( ) West ( ) side of
----- -
Street, and known as No. Street.
c) Premises affected are in Zoning District R-2, and the premises
affected have an area of square feet and frontage of
50 `f eet .
3. Ownership
4.
5.
M
a) Name and address of owner (if joint owneshi-), give all names):
.p
Joseph & Jennifer Sobel 1689 Great Pond—RA.. 6;� !Q
Date of Purchase Previous Owner
b) If applicant is not owner, check his/her interest in the premises:
X Prospective Purchaser Lesee Other (explain)
Size of proposed building: front; feet deep;
Height stories _feet.
a) Approximate date of erection: 1985
b) Occupancy.or use of each floor: -
c) Type of construction:-
Size of .existing building: _ _ feet front; _ feet deep;
Height -stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each .floor:__
c) Type of construction:
Has there been a previous appeal, under zoning, on these premises?
If so, when?
7. Descriptiori-'of j elAef sought on this petition
able s'to . buil'd-own home on Lot#14
8. Deed re:,&;td'ed- in' the -,'Registry of Deeds in Book Page
err .i„ ..
Land Couruut Certificate No. Book Page ?
The principal points upon which I base my application are as follows:
(must be stated in.detail)
a A
unable to use Lot #14. without s ecial permit
I agree to pay the filing fee, advertising in nc.sl, per, and incidental
expenses*
gnature of Petitioner(s
Evd'ry.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 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 (300') of the property line, of the
petitioner as they appear on the most recent app.icable tax ,list,
notwithstanding that the land of any such owner is ocated in another city
or town, the Planning Board of the city or town, an'. the Planning Board of
every abutting city or town.
*Every application shall be submitted with an appli--ation charge cost in
the amount of $25.00. In addition,. the petition, r shall be responsible
for any and all cbsts.involved in bringing the p--ti,--ion 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.
LIST OF PARTIES IN.INTEREST
Name
Address
-Joseph Sobel
It 1689 Great
gond
Ad.
North Andover
John & Joan Thompson/--
1725 Great
Pond
Rd.
"
/, Ibramhim Elhefni'^
1665 Great
Pond
Rd.
"
Jayson Realty Inc.
754 Forest
St.
oil"
Charles Sullivan
136 Hidden
Rd.
Andover Ma.
John Desmond—' , ll
.1775 Great
Pond
Rd.
North Andover,
Town Of North Andover -A p W
120 Main St.
(use additional sheets if necessary)
rtec�►.4°r� P����IM� BORf�O
SORT!!% Aiji IVER TOWN OF N O R 7' II AN D C V.1<. R
ntASSACIIUSLTTS
MAY, 20 1012 0 ,05
f AORT,r
ti p
SS^CHUS
E -
NOTICE OF DECISION
Any appeal shall be flied
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk. --.'`...
Date . May 20j 1985.... • . • . .
Date of I-Ic`aring . ,April 22; 1985
Petition of. Joseph and Jennifer Sobel and Kenneth Dal !r ..
Premises affected . _ , Lot 14. Great Pond Road
Referring to the above petition for a special permit from the requirements
of the ..Zoning. Bylaw, Section 2.75 Driveways .
so as to permit .. ; a commondriveway
After a public .iearin given on the above date, the Planning Board voted
to Grant.........t ie .... Special Permit .......................................
1Y - WS 0 -PR
based upon ,th-�-'following conditions:
see a ,tached
Signed
Micha, : P. Roberts Chairman
Paul 1.. Hedstrom, Vice Chairman
................................
John A. James,zr. , Clerk
John J Burke
Erich W. Nitzsche
....... hlann.ir��, I;o,.. ........
RECEIVED
DANIEL LONG
TRS N 01 `:'" I
NORTH Pfi�rjOVER
MAY 28 10 a2 49,85
G
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Of NORTH 1ti
1
1SSACNUSES
May 20, 1985
Mr. Daniel Long, Town ;lerk
Town Office Building
North Andover, MA 01C115
Re: Sobel and Daher/Lot 14 Great Pond Road
Common Driveway Special Permit
Dear Mr. Long:
The North Andover Planning Board held a public hearing on Monday evening,
April 22, 1985, in the Town Office Meeting Room upon the application of Joseph
and Jennifer Sobel and Kenneth Daher. The hearing was advertised in the North
Andover Citizen on April 4 and 11, 1985. The following members `were present:
Michael P. Roberts, Chairman; Paul,A. Hedstrom, Vice Chairman; John A. James, Jr.,
Clerk; Erich W. Nitzsci.e; and John J. Burke.
The petitioner seeks a Srecial Permit under Section 2. 75 Driveways of the
North Andover Zoning F yla which requires a Special Permit for driveways
servicing more'than one lot. The premises is known as Lot 14 Great Pond Road,
located on the so ith side of said road. The lot is situated in the Residential
2 (R-2) and Watershed -oning Districts. Said lot possesses 2.0 +.acres of land area,
with 150 feet of frontage on Great Pond Road.
At the hearing, Attot .-iey Joseph Fitzgibbons, the applicants representative presented
the proposed plans and nformed the Board of the following: .
- In order to gain access to Lot 14, the petitioner must use the existing access at
1689 Great Pond Roadf.. Previo„cly the applicant was denied the single access onto Lot
r Section 4.133(c) 'no cut' within 150 feet to Lake
�} !titioner would like to construct a small access off of
4� drig it,a common drive.
to leave. the area undisturbed 150 feet from the Lake, and
j iin the 250 foot limitation.
\�r !4) Cdr !d and continually monitored during construction.
the applicant that this Common Driveway is subject
in within 250 feet of the Lake.
esent and voting at the May 20, 1985 meeting when
Michael P. Roberts, Chairman; Paul A. Hedstrom,
Clerk; John J. Burke; Erich W. 'Nitzsche.
w
Sobel and Daher/Lot 14 RECEiVEn,
Common Driveway Special Permit DANir t'. LONG
T4v'r'Ad .:i !"NK
Page 2. NOR T,14 VAR
Upon a MOTION made"b, Mr. Nitzsche dt1'd "5ecAipa
rail ttllldr. Burke
the Board voted to grant the petition for a Special Permit to allow for a
Common Driveway and L:,prove the PLAN of Land in North Andover for Kenneth
Daher, dated January 1`65, revised March 1985, and March 14, 1985; BY Stowers
Associates, Inc., Registe -ed Land Surveyors, Methuen, MA for Lot 14 Great Pond Road.
Subject to the following:
1. Only the proposed we -k as shown on the plan entitled Plan of Land in North Andover,
Ma. surveyed for K,:inneth Daher, dated January 1985, rev.March 1985 and March --
14, 1985 is allowed under this permit. Any minor changes meeting the intent of said
plan and determined t. i have lesser impact on the Watershed must be approved
by the Planning Boar(: prior to implementation in the field.
2. Construction shall coincide with the following measures, but not limited to:
a.. Prevent the removal of soils from the property;
b. Provide temporary siltation and erosion control in the form of a silt fence
and or staked hay bales; to be monitored and maintained;
c. Provide permanent siltation control in the form of loam and seed or bark mulch;
d. Prevent the use of fertilizer on the grassed areas;
e. No road salts shall be used on the driveway.
3. An as -built plan sh.Al be submitted at the time of completion.
4. The applicant is subj, :t -3 Section 4.133(d) of the North Andover Zoning Bylaw
which requires a Spec ial Permit to construct within 250 feet of Lake Cochichewick.
This Permit is subject to the North Andover Zoning Board of Appeals. No constr-
uction shall take plat until approval is received.
S. A maintenance agreem!nt running in perpetuity with the land shall be submitted
to the Planning Board for review and approval prior to construction and recorded
at the Registry of Dee. is (said property deeds shall refer to the agreement and
easement) .
6. No more than these two (2) lots shall commonly share the driveway.
7. Construction shall be completed no 'later than September 1, 1985.
8. 1689 and lot 14 Great Pond Road shall have a driveway easement shown on plan. Said
driveway easement to be incorporated into both deeds in suitable form ,to be reviewed by
Planning Board and Town Counsel.
In granting this Special Permit, the Planning Board finds, pursuant to Section 10.31 -
Conditions for Approval of Special Permits of the Zoning Bylaw, that the following ..
conditions are met:
• Sobel and Daher/Lot 14
Common Driveway Sped it Permit
Page 3.
a. Lot 14 Great Ponc Road is the appropriate location to permit a common driveway .
due to the fact that t .e Board of Appeals denied permission to access from their
legal frontage.;
b. The use of a com.non driveway for gaining access to a single family dwelling
in the Watershed Dist •ict will minimize any impacts since the no cut buffer zone
will be undisturbed;
c. Their will be no n aisance or serious hazard to vehicles or pedestrians due to
the elimination of a. second driveway curbcut;
d. Adequate and appropriate facilities will be provided for the proper operation
of the proposed use ( as provided by the maintenance agreement) ;
e. Based on site visits, the public hearing process, and review and. input by
town. boards and departments, the driveway use is considered to be in harmony
with the general purpose and intent of the North Andover Zoning Bylaw.
MPR /kn
cc:
DEQE
Fire Chief
Highway
Public Works
Conservation
Police
Board Of Health
Building Dept.
Appeals
Applicant
Engineer
File
C
Sincerely,
PLANrIING BOARD
Michael P. Roberts,
Chairman
ET
C1L�\1�3��1
Any appeal shall be filed
I P�AMMII�G BOAS
within. (20) days after the
:j DANIEL LONG date of filing of this Notice
TOW1 C L � g K TOWN t P N O It T H' ANDOVER
ithe Office of the. Town
NORTH4,N DOVER lri S s A C nn - U s E T T s n�----
A7R �t a (j rk.
Cl
MAY {. V ' I 49 AM '85 HORTN
Of ....0 .
P
NOTICE OF DECISION
A.
May 20, 1985
' Date ... y................. .... .
Date of Hearing . March .18,..1.9.8.5. .
Petition of . ,Kenneth Daher 85 Swan. St. Methuen, MA
.....................................
Lot 14, Great Pond Road
Premises affected ....
'a Referring to the above petition for a special permit from the requirements-
4.
equirements y
of the the Zoning Bylaw, Section 4.133(d)
.. ................................................
`i so as to permit the construction of a driveway within 250 feet of Lake Cochichewick
.........................
,+ ................. -................. ............................................
After a public he. ^ing given on the 'above date, the Planning Board voted
to ,DISMISS..., 1e SPECIAL PERMIT WITHOUT PREJUDICE
.............. ..........................................................
based upon the following .conditions
See attached
I
Signed
Michael P. Roberts, Chairman
f......... ..
Pawl A. Hedstrom, Vice Chairman
.............................
John A. James,Jr. , Clerk
......................
Erich W. Nitzsche
'. .
Y John J. Burke .
Ir ........rla�nningBo;ircl
RccHY!'.Q„ P�I��MIhG BOAB
KT OWN OF NORTH ANDOVER
NO(�Tll fi�E;QYt~R MASSACHUSETTS .
MAY 28 1149 AM '85
4
1
F �
••nn "r"`,�q
1$SACHUSEt
Mr. Daniel Long, Town l,;er' .
Town Office Building
North Andover, MA 018'5
May 20, 1985
Re: Daher/Lot 14, Great Pond Road
Special Pe, mit Watershed District - Section 4. 133(d)
The North Andover Planning Board held a public hearing ori Monday evening,
March 18, 1985, in the Town Office Meeting Room upon the application of ,Kenneth
Daher, 85 Swan Street, Methuen, Ma..' The hearing was advertised in the North
Andover Citizen on February 21 and 28, 1985. The following members of the
Planning Board were present: Paul A. Hedstrom, Chairman; Michael P. Roberts,
Vice Chairman; Erich W. Nitzsche; John A. James, Jr., Clerk; John J. Burke; .
The petitioner seeks a Special Permit under Section 4.133(d) of the North Andover
Zoning Bylaw, which requires a Special Permit to a1low construction to occur 250 feet
horizontally from the annual mean high water mark of Lake Cochichewick. The premises
is known as Lot 14 Great Pond Road, located on the south side of said road. The lot
is both situated in the Residential - 2 and Watershed Zoning Districts. Said lot
possesses 2+ acres of la►:d area and 150 feet of street frontage on Great Pond Road.
At the hearing Attor. ey Fitztgibbons, the applicants representative presented the
proposed plans for driveway construction. A plan was presented to the Board of
Appeals showing a single driveway access from Great Pond Road, however this was
denied under section 4.1.'.3(c) of the Zoning Bylaw. This proposal reflects the required
changes, in order to mim-4mize any disruption to the buffer zone.
The hearing was cont; rued to April 22, 1985 when the board held a public hearing
for the adjoining parcel c efected by this petition. The Planning Board took the matter
under advisement and cic ;ed all of the hearings pertaining to Mr. Daher.
In accordance with Ma •sachusetts General Laws, Chapter 40A, Section 6, the Special
Permit must be 'issued (prior to the first publication on the change proposed to the
zoning ordinance) so as not to be effected by a change in the zoning ordinance or bylaw'.
Therefore, this Special Permit was not issued prior to publication and is controlled by the
changes enacted at the 1985 Annual Town Meeting. Thus, the Board of Appeals will
acquire jurisdiction on such lots and will act on Special Permit requests during the
moratorium.
Daher Special Permit
Lot 14 Great Pond Road
Page 2.
The following members were present and voting at the May 20, 1985 meeting when
the Board made the following motion on the petition: Michael P. Roberts, Chairman;
Paul A. Hedstrom,Vice Chairman; John A. James,Jr., Clerk; John J. Burke; Erich
W. Nitzsche.
Upon a motion made by Mr. Nitzsche and seconded by Mr. James
the Board voted to DISVdS. THE APPLICATION OF KENNETH DAHER WITHOUT
PREJUDICE FOR WANT )F JURISDICTION.
Sincerely,
-- PLANNING BOAR - ---
Michael P. Roberts,
Chairman
' MPR/kn
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