HomeMy WebLinkAboutKINDER CARE CORP Any appeal shall be filed
within ( 0) r' ;s after the RECEI`dED
NORTH DANIEL LOSG
date of i., r ci this Notice 04ts.co ryg4, TOWN Cl.RK
=9. ':J ....M 6 O
in the Office of the Town F A NORTH A #DOVER
r � •
Clerk.
y9SSACHU`�ES� rM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Kindercare Corp.
764 Main St. Petition #125-88
Waltham, Ma. * DECISION
The Board of Appeals held a public hearing on May 10, 1988 upon the application
of KinderCare Corp. requesting a Special Permit from the requirements of Section 4,
Paragraph 4.121(19) of the Zoning ByLaw so as to permit establishment of a day
care center for 139 children on the premises located at Hillside Road and Turn-
pike Street. The following members were present and voting: Frank Serio, Jr. ,
Chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Raymond
Vivenzio.
The hearing was advertised in the North Andover Citizen on March 24 and March 31,
1988 and all abutters were notified by regular mail. This meeting was continued
from the meeting of April 12, 1988.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board VOTED,
unanimously, to allow the petition to WITHDRAW WITHOUT PREJUDICE as requested.
Dated this 11th day of May, 1988.
Sincerely,
BOARD OFF APPEALS
Frank Serio,
Chairman
/awt
°,' RECEIVED
Any appeal shall be filed ' '. DANIEL LONG
within (20) c,�. ,,s anter the '�; u�� ILM
m TOWN CLERK
date of fii;ing of this Notice NORTH ANDOVER
in the Office of the Town gcHua 12 01
Clerk.
TOWN OF NORTH
ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
KinderCare Corp. Ma 11 1988
764 Main St. Date . . . . . X . . . ; . . . . . . . . . . . . . . . . .
Waltham, Ma.
Petition No.. . . .12,5-A8 . . . . . . . . . . .
Date of Hearing. .KAY. AQ 1 .1900. . ...
Petition of . . . . CQrp t . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . . . . . Rill-side. Rd.. .and. Marnpike. Street. . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Permit
Referring to the above petition for a UMM from the requirements of the Section 4 . . . . . . .
.Paragxaph.4.121.(19) .of. .the.Zoning .BYLaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . es.tablishment .of, a. daycare. center. for. .139.children. . . . . . . . . . . . . . . ...
. . .. . . . . . . : : . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . . , .
After a public hearing given on the above date,the Board of Appeals voted to -ALLOW • c the
.Petit3.oner. to. WITHDRAW. WITHOUT.
PREJUDLCE
1=dbdm . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . .
Signed dA1k-7 � , � ff
Frank Serio, Jr. , Chairman
Augustine.
Walter Soule
. . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . .
William Sullivan
'Rayi»drid'Vivehiio
. . . . . . . . . . . . . . ...
Board of Appeals
MUM ffl
RECEIVED
TOWN OF NORTII ANDOVER DANIEL LONG
MASSACHUSETTS NORTH NCLERKR
MonTq {� 18 1 1�
Any aPPOW I be filed
o
within (20)days aftglr the p
date of filing of this Notit� •,�.'a;.w :.
�Js1�5
in the Offices of ftTown wCNUsE
CWL
NOTICE OF DECISION
Date?'l IADP. . . . . . .. . .. . .. . . .
Date of Ilearing March 2,. 1988. . . . .
Petition of . . Kin��xFaxe.�RxB4ralen . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
Premises affected West. Side,of,Hillside Road and.Turnpike .Street . . . . : . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the ,North AndoverZoning.Bylaw, Section 10.8. (Repetitive Petition
. . . . . . . . . .
so as tlo Ppermit The applicant to appear before the Board of Appeals for a
Specia ermit to 'build 'a d'a'y' cane'cexi$ei 'in 'a R-3' Zb$ih 'Dis i`ic't 'p'r`i'oY' tb' ' ' '
the expd(ration of two (2) years of the date of denial as specified in Section 10.55.
. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
to . . . p.�rSN.i►sS. . . . . .the , . A,pplication.without .prejudice, for�want ,of jurisdiction.
based upon the following conditions:
cc: Director of Public Works Signed
Board of Public Works Paul A. Hedstromr.Chairman . . . . . . .
Highway Surveyor
Tree Warden Geor a Perna, Vice-Chairman
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector John L. Sdmons, Clerk
Board of Health • . . . . . . . . . . . . .. . .
Assessors Erich Nitzsche
Police Chief . . . . . . . . . . . . . .. . .. . . . .. . . . . . . .
Fire Chief
Applicant, File . .. . . . . .
Engineer, Interested Parties " ` �plannif►g Bourg
s
U� ti
iv)lit ed Ils+is Iseggg VnA
orb-aft sycb (OR)
90i" *foil to unlit to Ailt
nwOT Orb 10"Ito 6ri r}°
IWO
I
of NORTH,
oFFIc>r5 OF: o
Town of
120 Main Street
APPEALS ;<,; NORTH ANDOVER North And It
'
BUILDING '�`�9::e��m Massac
CONSERVATION °"°�` DIVISION OF (617)68.
HEALTH d r
LERK
PLANNING PLANNING & COMMUNITY DEVELOPMENT NORTH ANOOVER
KAREN H.P. NELSON, DIRECTOR 9 ism 1A
MEMORANDUM
TO: Board of Appeals
FROM: Planning Board
DATE: March 31 1988
RE: Repetitive Petition - Kindercare
Please be adivsed that we issued our decision on the above cited
application upon making the following finding:
( 1 ) The application was improperly filed as a Repetitive
Petition, since the property involved in their
submisssion is, in fact , two different lots and does not
include the lot which the Board of Appeals reviewed in
their denial of the Special Permit to locate a day care
center in a Residential District .
Based upon the above cited finding, we made the decision to
dismiss the application without prejudice for want of jurisdiction in
the matter before us . Should the Board require any additional
clarification in the decision issued, please notify the Town Planner .
RECEIVEO
DANIEL LONG
teceived by Town Clerk: NOR H"ANDOVER S'
Ke 21 10 46 AN '88
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS ,.
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDIMANCS
%pplicant Kinder-Care Corporation _ Address 764 Main Street, Waltham
� . 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 Section 4 Paragraph of the Zoning � .
By Laws .
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
a ) Premises affected are land and building(s ) numbered
Hillside Road and Turtlpil Pte-_ Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East (x ) West ( ) side Of Hillside Road
x8tM"* and known as NO. Hillside Road x�C x•
c) Premises affected are in Zoning District R-3 , and the premises
affected have an area of 52,000 square feet and frontage of
324 feet .
s . .
i_ Ownership ;
a) Name and address of owner (if joint ownership, give all names ) .
Kmiec Realty Trust, 1001 Turnpike Street
r �
Date of Purchase _previous Owner +'
7+i
b) If applicant is not owner , check his/her interest in the premises:
x _Prospective Purchaser Lesee Other (explain)
r
i., Size of proposed building: 107' front; 5816" feet deep;
Height 1 stories; feet .
a ) Approximate date of erection: as soon as -permitted
b) Occupancy or use of each floor :94i tare facility. �^
c ) Type of construction: concrete block
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?--.- - r
Y
s
7 . Description of relief sought on this petition see Attached sheet
J . Deed recorded in the Registry of Deeds in Book Page ;
Land Court Certificate No. Book Page
rhe principal points upon which I base my application are as follows,
(must be stated in detail )
See Attached sheet
I agree to pay the filing fee, advertising in new p r, an incidental
expenses* -
_ Kinder-Care Corporation.
Signature or Petit oner s
:very application for action by the Board shall be made on a form approved
)y the Board. These forms shall be furnished by the Clerk upon request.
any communication purporting to be an application shall be treated as mere
totice of intention to seek relief until such time as it is made on the
ifficial application form. All information called for by the form shall
,U furnished by the applicant in the manner therein' prescribed.
:very application shall be .submitted with a list of "Parties In Interest
+hick list shall include the petitioner, abutters, owners of land directly
-t)posite on any public or private street 'or way, and abutters to the
%1)utters within three hundred feet ( 300' ) of -the property line of the
,utitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city • '
.r town, the Planning Board of the city or town, and the Planning Board of
:very abutting city or town.
"Every application shall be submitted with an application charge cost in
tie amount of $25. 00. In addition, the petitioner shall be "responsible
or any and all costs involved in bringing the petition before the Board.
iuch costs shall include mailing and publication, but are not necessarily
limited to these.
.very application shall be submitted with a plan of land approved by the
tozird. No petition will be brought before the Board unless said plan has
)een submitted. Copies of the Board' s requirements regarding plana are
ittached hereto or are available fromtheBoard of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name Address
<<r
( use additional sheets if necessary)
t
7. DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION:
Petitioner prays for a special permit described in Section 2.29.1
of the Zoning By-laws of No. Andover to establish a Daycare Center
for 139 children, said special permit being required by Section 4
of the Zoning By-laws
8. THE PRINCIPAL POINTS UPON WHICH I BASE MY APPLICATION ARE A5 FOLLOWS:
The By-laws of the Town of North Andover permit Childcare facilities
in all zones with special permit (Section 4, table uses zoning By-laws
of the Town of North Andover) . The Town obviously finds the Centers
to be necessary and appropriate uses of land. The site chosen for the
location of this Center contains 52,000 square feet. The petitioner
intends to construct a one-story building of approximately 6200 square
feet to house its facility. The size of the lot; its location and the
character of the surrounding area make this site an appropriate location.
The land in its present undeveloped state is an eyesore that detracts
from the surrounding neighborhood. The proposed use will have a bene-
ficial affect upon the neighborhood in that an open,fully maintained
parcel of land will be improved by the construction of an attractive
facility and the addition of the necessary business.
The proposed use will be self-contained upon a more than adequate
parcel of land. Neither pedestrian nor vehicular traffic will be
affected to any appreciable degree by this proposed use. The develop-
ment of this land pursuant to the petitioners plan will not have an
adverse affect upon current traffic and certainly will not be a nuisance
or serious hazard.
The facilities planned by the petitioner are both adequate and appropriate.
The building has been tested and modified by the petitioner over its
years in the business of Childcare. There are stringent state licensing
requirements which the petitioner must satisfy in order to do business.
These requirements include,but are not limited to,the size of the building,
its location on the lot, the amount of available play area, the materials
of which the building is to be constructed, the fire safety procedures,
and many other requirements. The facility will provide for the proper
operation of the proposed use.
F `
1 . Description of relief sought on this petition see Attached sheet
J . Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. gook page
rhe principal points upon which I base my application are as follows:
tmust be stated in detail )
See Attached sheet
agree to pay the filing fee, advertising in newspaper , and incidental
expenses*
Kinder-Care Corporation
Signature oW Petitioner (s )
:very application for action by the Board shall be made on a form approved
-)y the Board. These forms shall be furnished by the Clerk upon request.
My communication purporting to be an application shall be treated as mere
lotice of intention to seek relief until such time as it is made on the
,fficial application form. All information called for by the form shall
Al. furnished by the applicant in the manner therein prescribed.
.:very application shall be submitted with a list of "Parties In Interest"
+hich list shall include the petitioner, abutters , owners of land directly
,pposite on any public or private street 'or way, and abutters to the
shutters within three hundred feet ( 3001 ) of the property line of the
.utitioner as they appear on the most recent applicable tax list,
lotwithstanding that the land of any such owner is located in another city
,r town, the Planning Board of the city or town, and the Planning Board of
:very abutting city or town.
4Lvery application shall be submitted with an application charge cost in
lie amount of $25.00. In addition, the petitioner shall be responsible
or any and all costs involved in bringing the petition before the Board.
;uch costs shall include mailing and publication, but are not necessarily
imited to these.
:very application shall be submitted with a plan of land approved by the
ioard. No petition will be brought before the Board unless said plan has
,een 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
j -
(use additional sheets if necessary)
RECroIr
RT
LA 14 '
R+ ! , :' u • . appeal shall be filed
t,a:wE Any ppn
'/' within (20)
SEP L t ;,s+ACMU4� r ._i IAV�t�CiPw
fCO (� 86 dat-I cr r,_...� c. .
TOWN OF NORTH ANDOVER in the Office of. the Towr+
MASSACHUSETTS Clerk.
BOARD OF APPEALS
September 16 , 1986
Petitions #14/15/16-87
Kinder Care Corp .
Lot 3T, Turnpike St.
Mr . Daniel Long, Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long :
The Board of Appeals held a public hearing on August 12 , 1986 on the
application of Kinder Care Corp . , #14-87 , #15-87 , #16-87 , requesting a
Variance of Section 7 , Table 2 to permit a 16 ' side setbacks , a variance
of Section 7 , Table 2 , to permit a 56 ' front setback ; and a Special Permit
pursuant to Section 2 , Paragraph 29-1 of the Zoning ByLaw to ,permit the
construction of a day care center for approximately 139 children on the
premises located at Lot 3T Turnpike Street . The hearing was advertised in
the North Andover Citizen on July 24 and July 31 , 1986 and all abutters were
notified by regular mail . The following members were present and voting:
Frank Serio, Jr . , Chairman , Alfred Frizelle , Vice-chairman , William Sullivan,
Raymond Vivenzio and Anna O 'Connor.
Upon a motion made by Alfred Frizelle and seconded by William Sullivan the
Board voted unanimously to DENY the variances as requested and the Special
Permit as requested .
The Board finds that the provisions of Section 10. 31 of the Zoning Bylaws
have not been satisfied, particularly that the site is not an appropriate
location for a day care center . The 'Board determined that the size of the
lot does not allow adequate parking and that the drop-off and pick-up of
approximately 139 children by private vehicle at peak traffic hours would
adversely affect the neighborhood and would create a serious hazard to vehicles
in the area . Further, the Board found that the petitioner failed to satisfy
the provisions of Section 10 . 4 of the Zoning ByLaw for the requested variances ,
particularly , a lack of substantial hardship in light of the Board 's failure
to grant the requested Special Permit for a day care center .
sincerely ,
BOARD OF APPEALS
Dd lid-Frank S rio , ,- Chairman
/awt
DANIEL LONGTOWN
NORTH h' tiOYER f: Baas
SEP 16 06 ;Leal �_ r t`,e
TOWN OF NORTH ANDOVER
MASSACHUSETTS
du 04 { Iy
(BOARD OF APPEALS
NOTICE OF DECISION
Kinder -Care Corp . .
764 Main St. Date . . .Sep.temher. .l6., . 1.986. .
Waltham, MA
Petition No.. .14.-.8 7., . 1.5 r 8.7 r• .16-8 7
Date of Homing. . .Au.g u s-t 12., . 1986
MUMOf . . . . . . . . Kinder. -Care . Corp. . . ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . . . . . . . . . . . . Lot. •3T•,• •Turnpike •street• : . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the .s e.o t io n• •7 • an d
Table! •2 y• -and. Special- Permit Section 2 , Paragraph 29 . 1 of the zoning By Laws
so as to permit r.eli.ef from. side .setback. -and • f.ron.t .setback. .requi.rement.s and
cons tnuct.ion. .of. -a. day -care• -center• • for. app-roximately • 1.39. -chi-ldren. . . . . .
After a public hearing given on the above date,the Board of Appeals voted to . DENY . . ; the
variances and Special Permit
The Board finds that the provisions of .Section 10. 31 of the Zoning Bylaws
appropriate location fyorr a day Gare, center . The Board determined that the
s i z o",_ Oe 1aL-a aw a a"Mm"W"hat the drop-off and
pickup of approximately 139 chilaren by private vehicle at peak traffic hours
would adversely affect the neighborhood and would create a serious hazard to
vehicles in the area. Further , the Board found that the petitioner failed to
satisfy the provisions of Section 10 .4 of the Zoning ByLaw for the requested
variances , particularly, a lack of substantial hardship in light of the Boards
failure to grant the requested Speci �rmit for a da care center .
. . . . . . . . . . .Fra•nk• •Serio ,- -J . y• •Chairman
• . • • • • • • • •Alf•red• ,Fxdze-lle•'; Vice-chairman
. . . . . . . . . . .Wil•lia•m• S•ull•iva•n • . • . • • • • •
. . . . . . . . .Ray-mon•d . v.iveri zi.o . . . . . . . .
. . . .Anna. o:Connar. . . . . . . . . . .
Board of Appeak
RECEIVED
DANIEL LONG . ,
NORTH MOVER
�g
TOWN"OP NORTH ANDoYl•.7i JU q 1117 AN 108
PL,ANUNti BOARD �
APPLICATION FOR SMIAcL MMIT
BUMS; This application must be typewritten
Applicant Kindereare Corporation Address 764 Main Street, Waltham 41
1. Applioation is hereby made Chapter 40AMGL Section 16
(et) For q Special Permit under Section 10.8Paragraph, of the Zoning mow.
.r
(a) Premises affected are land and buildings......numbered `� t t.
(y) Premises affected are property with frontage on the North South tl
past West XXeide of Hillside Rd. & Turnpike Street, acid J►own its +
No. Lots Assessor s Kipp 5tree3.
(c) Premises affected are in Zoning Listriot R-3 said the premia" &f"01"
have an area of 52,000 and 1,rontoge -of 324 feet.
Owio,er chip t
(a) Name and address of owner (if Joint ownership, give all names)= ,
Kmiec Realty Trust, 1001 Turnpike Street
s.�
Date of purchase __ Previous Ower ,
(b) If applicant is not owner, check his interest in the promises: ~
XX Prospective purchaser
Leseee
Other (explain) .,
: i tie of proposed building{: 107' front; 5816" feet deep
Heights 1 � stories; feet.
(a) Approximate date of erection i
(b) woupancy or uue (of each floor) p,..�gvCALe .�enter .
k.
(OType of construction Concrete Block
Size of Existing Building: feet front; feet deep
height: stories feet.
-- I I A
(a) Approximate dhte of erection N/A t.`'
(b) Occupancy or use (of each floor)
(c) Type of Construction i
11r>.e, there been a previous application for a Special Permit from the Pl&muw Board `
on those premises? _
If uu, when
Deucr•iption of purpose for which Special Permit is sought on this petition,
The petitioner, persuant to Section 10.8, Para rah 2 of the 'tonin B -Laws f
seeks permission to have the Zoning Board of Appeals re-hear a case denied
b . it in Aug.-Sept. of 1.986. Petitioner wishes to construct a 6260 sq. ft.
one story building, for use as a Day Care Center for 739 children according
to the plan attached hereto.
(over)
�. Dead re?orated in the NegUtry of Uetidn in Book Page or L�rld
(:,w fjoate No. book- Pato
`Phe principal pointe upon which I twee my applioation are as follows: (musi be t
ufated in detail) s:
The geationer alleges that specific and material changes have
occured as set forth in the motion to allow refiling attached hereto
,
t
I :Lgree to pay for advertiainK in nowepaper and outage fee for mailing legal "
notioes to "Partiae irr interest".
2i� \ Petitioner's s at
Nvury application for action by the Board shall be made on a form approved Eby the
..ard. 'These forme shall be furnisht:d by the :lark upon request. Any oommuniciatIon
.il•porting to be an application shall be treated as mere notice of intention tQ seek
lief until such time as it is made on the official application form.- All Information
piled for by the form ehall be furnished by the applicant in the miuiner thersfn
ruucribod.
Every application stroll be sutrnitted with a list of "Parties in Interest„ .jMoh
:all include the petitioner, abutters, owners of land directly opt>onite on any publio
private street or wary curd abutters to the abutters within three hundred (306) feet
! tho property line all as they appear on the most reoent applicable tax list,` notwith-
i .urdtng that the land of rury suoh owner is located in another oity or town, tho Plan
x1t1; Jlo:srd of the town arid, the planning; board of every abutting oity or town.
LINT OF PARTIE'; IN INTEREST
A
i
r
ADD ADDITIONAL ::HEEVS, It XWESSaY.
Received by Town Clerk: RANI a L3.1'1G
ROPTK AN?)VER
JUL 23 11 N AM '86
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
ApplicantKinder Care Corp. Address 764 Main Street, Waltham
1. Application is hereby wades
a) For a variance from the requirements of Section 7 Paragraph
and Table II •of the Zoning By Laws .
b) For a Special Permit under Section Paragraph of the Zoning zj
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 3T Turnpike Street Street .
b) Premises affected are property with frontage on the North (X) =' ro
South ( ) East ( X) west ( ) side of Route 114, Turnpike Street
Street, and known as No. Street.
c) Premises affected are in Zoning District R 3 , and the premises „
affected have an area of 25,000 square feet and frontage of
187 feet .
r.
3. Ownership
a ) Name and address of owner (if joint ownership, give all names ) :
Kmiec Realty Trust PO Box 948 Back Bay, Mass.
Date of Purchase previous owner
b) If applicant is not owner, check his/her interest in the premisess
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: 100'6" front; 58'6" feet deep;
A Height one stories; feet .
a) Approximate date of erection:
b) Occupancy or use of each floor: Day Care Facility
1:\
c ) Type of construction: concrete block S,
Size of existing building: N/A feet front; feet deep;
Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor: K
c ) Type of construction:
o. Has there been a previous appeal, under zoning, on these premises?
no If so, when?
' 1
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308 Creat Road- .P-0.BOY.171 Uttleton,MA 01460
ARCHITECT
a
RE CIY°'t}
Received by Town Clerk: C'ANIEa L1JIM
MORTH ,4'NIOVER
JUL 23 11 N AH '86
TOWN OF NORTH ANDOVER, MASSACHUSETTS
HOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
ApplicantKinder Care Corp. F Address 764 Main Street, Waltham
1. Application is hereby made
a) For a variance from the requirements of Section 7 Paragraph
and Table it •of the Zoning By Laws .
b) For a Special Permit under Section Paragraph of the 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 3T Turnpike Street Street .
b) Premises affected are °
property with frontage on the North
South ( ) East ( X) West ( j side of Route 114, Turnpike Street
Street , and known as No. Street.
c) Premises affected are in Zoning DistrictR 3 , and the premises
affected have an area of 25,000 square feet and frontage of
187 feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names ) :
Kmiec Realty Trust PO Box 948 Back Bay, Mass.
Date of Purchase
Previous owner
Y
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee other (explain)
Size of proposed building: 100'6" front; 58'6" feet deep;
P Height rye stories; feet .
a) Approximate date of erection: t=
b) Occupancy or use of each floor: Day Care. Facility ,.., .
e) Type of construction; concrete block
,
. Size of existing building; N/A feet front; feet deep;
Height stories; feet .
a) Approximate date of erection;
b) Occupancy or use of each floor:
e ) Type of construction:
n. Has there been a previous appeal , under zoning, on these premises?
no If so, when? ":i ;;
7. Description of relief sought on this petition : to allow the side yard to be
16 feet per side rather than the required 20 feet.
8. Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book
Page
9
The principal points upon which I base my application are as follows:
(must be stated in detail )
The lot in question is tra izoidal in shape. This condition does not prevail in the
4 P P
zone and because of this condition the proposed building cannot be constructed with the
required 20 foot side yards. The building in question has been used by the, petitioner in
several other locations and has been found to fulfill the requirement of safety and utility.
It would constitute a severe hardship to the petitioners to deny the variance o eet per
side since the building and the lot exceed all other requirements.
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
Kinder Care Corp, by their attorney .. ,
Signature q epee titioner s) David J. n, 3r.F Esquire
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 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 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.
i
*Every application shall be submitted with an application charge cost in
the amount of $25.00. 1 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
Boerd. 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
See attached
w
(use additional sheets if necessary)
1
�
Edward and Jacqueline Hamel 591 Turnpike. Street
Walter and Linda Curran 599 Turnpike Street
Armand and Claire DeNuccio 607 Turnpke Street
Eva Valliere 623 Turnpike Street
Walter and Mary J. Kohl 625 Turnpike Street
Doris V. Parker 30 Railroad St., Apt. 3, Andover, Mass.
Vincent and Concetta Aleci 643 Turnpike Street
Maurice 0. and Louise Jalbert 651 Turnpike Street
Leopold and Blanche Pomerleau 240 Hillside Road
William P. and Jeanne G. Callahan, Jr. 234 Hillside Road
Frank and Lillian B. Serio 250 Hillside Road
Charles A. Annaloro, Jr. & Leonard J. Annaloro 15 Holbrook Rd. No. Andover
Sebastiano and Ann D'Emanuele 2 Glenwood Dr. Lawrence
Innis Street Trust
Joseph and Constance Quartarone 7 Woodland St. , Lawrence
Jonson Realty Trust
John J. Boutin, Tr. 65 Flagship Dr. , No. Andover
Nunzio Sapuppo 8 Jackson Terrace, Lawrence
Richard Harrington, et al 104 Milk St. , No. Andover
Joseph W. and JoAnne Casey 84 Innis Street
Roy Robert and Elaine Houde 76 Innis Street
Peter and Louise Aziz 74 Innis Street
Kmiec Realty Trust 1001 Turnpike Street
Received by Town Clerk: RECEIVER
DAHJGU t.010
TWAA C ;t
NQRTi a, uJ1tER
Jiu 23 11 A1� '86
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
ApplicantKinder Care Corp. Address 764 Main Street, Waltham
1. Application is hereby made: n
a) For a vari ce from the requirements of Section f Paragraph
and Table of the Zoning By Laws .
b) For a Special Permit under Section 2 Paragraph29.1 of the 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 3T Turnpike Street —Street .
b) Premises affected are property with frontage on the North (X ) _ M;
South ( ) East (X) west ( ) side Of Route 114, Turnpike Street
Street , and known as No. Street.
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c) Premises affected are in Zoning District R3 , and the premises
affected have an area of 25,000 square feet and frontage of x
187 feet .
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3. Ownership
a) Name and address of owner (if joint ownership, give all names ):
Kmiec Realty Trust PO Box 948 Back Bim, Mass.
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P.
W
Date of Purchase previous Owner w
b) If applicant is not owner, check his/her interest in the premises: ' . .
Prospective Purchaser Lesee Other (explain)
,► Size of proposed building; 100'6" front; 5816" feet deep;
R Height one stories; feet. a
sa i
a) Approximate date of erection:
b) Occupancy or use of each floor: Day Care. Facility
c ) Type of construction: concrete block
5. Size of existing building: N/A feet front; feet deep;
Height stories; feet .
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
no If so, when? is
♦ tc
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7. Description of relief sought on this petition : to allow the front setback to
be 56 Ft. rather than the required 100 feet along Route 114.
8. Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book Page
The principal points upon which I base my application are as follows:
(must be stated in detail )
The%ot contains 25,000 sq. ft. If the 100 foot setback provision is literally enforced
and combined with the 30 foot rear setback requirement, the buildable area of the lot is
reduced to an insignificant sliver of land. The utility of the of is virtually ext nguished.
The lot is trapizoidal in shape and contains a 20 foot utility easement whichruns a ong
the rear border. Based on the foregoing, It would constitute a su scan is hardship o
deny a variance under these circumstances.
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
Kindgr Care Corp. by their attorney
Signature of Petitioner s) David J. Wain, Jr Esquire
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 hall 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 (3001 ) of the property line of the
petitioner as their 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 cit ,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 landapprovedby the
Botird. 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
Attached
(use additional sheets if necessary)
r '
Edward and Jacqueline Hamel 591 Turnpike Street
Walter and Linda Curran 599 Turnpike Street
Armand and Claire DeNuccio 607 Turnpke Street
Eva Valliere 623 Turnpike Street
Walter and Mary J. Kohl 625 Turnpike. Street
Doris V. Parker 30 Railroad St. , Apt. 3, Andover, Mass.
Vincent and Concetta Aleci 643 Turnpike Street
Maurice 0. and Louise Jalbert 651 Turnpike Street
Leopold and Blanche Pomerleau 240 Hillside Road
William P. and Jeanne G. Callahan, Jr. 234 Hillside Road
Frank and Lillian B. Serio 250 Hillside Road
Charles A. Annaloro, Jr. & Leonard J. Annaloro 15 Holbrook Rd. No. Andover
Sebastiano and Ann D'Emanuele 2 Glenwood Dr. Lawrence
Innis Street Trust
Joseph and Constance Quartarone 7 Woodland St. , Lawrence
Jonson Realty Trust
John J. Boutin, Tr. 65 Flagship Dr. , No. Andover
Nunzio Sapuppo 8 Jackson Terrace, Lawrence
Richard Harrington, et al 104 Milk St., No. Andover
Joseph W. and JoAnne Casey 84 Innis Street
Roy Robert and Elaine Houde 76 Innis Street
Peter and Louise Aziz 74 Innis Street
Kmiec Realty Trust 1001 Turnpike Street
r
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ki
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44 0.
-..
MOESER & ASSOCIATES
308 Creat Road. .P.O.Box 771,,Uttkton,MA 01460
ARCHITECT
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Received by Town Cleric: DANIEL
,JUL x i i ,u aM 'ss
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS ;
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
ApplicantKinder Care Corp. Address 764 Main Street, Waltham
1. Application is hereby madei
a) For a variance from the requirements of Section Paragraph
and Table of the Zoning . By Laws .
b) For a Special Permit under Section 2 Paragraph29,1 of the 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 3T Turnpike Street Street .
b) Premises affected are property with frontage on the North (X )
South ( ) East (X) West ( ) side of Route 114, Turnpike Street
Street , and known as No. Street.
c) Premises affected are in Zoning District R3 , and the pre:4isos
affected have an area of 25,000 square feet and frontage of
187 feet .
r
3. ownership
a ) Name and address of owner ( if joint ownership, give all names):
Kmiec Realty TrILSt PO Box 948 Back Bay, Mass.
Date of Purchase Previous Owner
b) If applicant if not owner, check his/her interest in the premisess'
Prospectiv( Purchaser Lesee Other (explain) ?
Size of proposed b ilding: 100'6" front; 58'6" feet deep;
P 'Height on,, stor es; feet.
a) Approximate da :e of erection; i'
b) Occuparcy or u ie of each floor: Day Care Facility_ ..,
c
c ) Type of construction: concrete block
• 5. Size of existing building: N/A feet front; feet deep;
Height stor es; feet .
a) Approximate da;e of erection:
b) Occupancy or use of each floor:
c) Type of constriction;
6. Has there been a previous appeal, under zoning, on these premises? ,
no If so, wen? "�
7. Description of relief sought on this petition Pursuant to -Sec. 2.29.1 of the
Revised Zoning Ordinances of No. Andover in order to user the building proposed on t e
plan aG a da.Garp cent,Qr for apprn,Xima 1X 139 children,
8. Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book Page
The principal points upon which I base my application are follows:
(must be stated in detail )
w
There is a need in the community for professional day care services. The petitioner
hag been i`thg day sere businesg since the 1960's and currently Operates over 1100
day care genters nationwide. The -ottitioner enjoys an excellent re utation in the
communities which he services. Use of this land for a day care center would be in the
best interest of the surrounding neighborhood and the community in general.
I agree to pay the filing fee, advertising in newspaper , and incidental
expenses*
Kinder Care Corp. , by their attorney
Signature of Petitioner sDavid J. Bain, Jr. , tequire
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 more
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 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.
LIST OF PARTIES IN INTEREST
Name Address
See attached sheet.
(use additional sheets if necessary)
x
Edward and Jacqueline Hamel 591 Turnpike Street
Walter and Linda Curran 599 Turnpike Street
Armand and Claire DeNuccio 607 Turnpke Street
Eva Valliere 623 Turnpike Street
Walter and Mary J. Kohl 625 Turnpike Street
Doris V. Parker 30 Railroad St. , Apt. 3, Andover, Mass.
Vincent and Concetta Ale -i 643 Turnpike Street
Maurice 0. and Louise Ja bert 651 Turnpike Street
Leopold and Blanche Pome leau 240 Hillside Road
William P. and,Jeanne C. Callahan, Jr. 234 Hillside Road
Frank and Lillian B. Ser o 250 Hillside Road
Charles A. Annaloro, Jr. & Leonard J. Annaloro 15 Holbrook Rd. No. Andover
Sebastiano and Ann D'Ema uele 2 Glenwood Dr. Lawrence
Innis Street Trust -
Joseph and Constance Qua tarone 7 Woodland St. , Lawrence
Jonson Realty Trust
John J. Boutin, Tr. 65 Flagship Dr. , No. Andover
Nunzio Sapuppo 8 Jackson Terrace, Lawrence
Richard Harrington, et 1 104 Milk St. , No. Andover
Joseph W. and JoAnne Casey 84 Innis Street
Roy Robert and Elaine Houde 76 Innis Street
Peter and Louise Aziz 74 Innis Street
Kmiec Realty Trust 1001 Turnpike Street
,
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let 1
MOESER &ASSOCIATES
308 Croat Aoad� P.O.-Box.171 _Ultleton•MA 01480
� -�. ill= fly ARCHITECT`