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Home My WebLink AboutHAPHEY, KEN � G �1 \1{r'n � OrtNo yh M1 1(I2� �gjS s O�,t - • 8 ACIN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 24, 1980 Kenneth Haphey 1159 Osgood St. Premises affected: (Great Pond Rd, Petition No. 24-180 Daniel Long,-Town Clerk Town Office Building North Andover, Mass. 01845 Dear Sir: 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-out provision in the By-Law so as to permit the construction of a driveway and normal utility lines in the watershed district. t .. The hemp x was advertised in the North Andover Citizen on September 25 and October 2',' 1980 and all abettors 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 oonstruot a driveway. According to evidence presentet=b'y the petitioner, he intends to construct a dwelling on property owned by him which has been in him family for many years. The variance is required since he must out some brush and possibly trees within the "no out 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 Mr. 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 . AEF/iw F 0.r 0 W Frank Serio, Jr., Chairman ♦ra " � ofNoRT�'y •f: 11v�147ro :A �¢•. 1855 .•�j'• ist`�ACHOg� �•.�rv�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION October 16, 1980 Date . . . . . . . . . . . . . . . . . Petition No.. . 24-r 80 Date of Hearing. . . . .Oct ober 1Q,. 1980 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 .ny Iaw,. .5eC.. 40.33, .Por? graph.q. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . .the .construction. of .4.4rlvewcV.and. norm$l.utility,lia®s .to,service a.new. .single. .family. dwelling.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to : . . .GATT . . the . .varianoe. . . . . . . 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.,. Tno, .94airman . , . , . . . Alfred ,E,.F'rizelle,. Esq•.,. .9ioe-Ghaira�ars Riehard.Trepanier, .Esg..,. :Clerk. . Wil.liam,J.. Sullivan. . . . . . . . . . . . . Augustine. Niokerscm. . . . . . Board of Appeals I • C . p 4. W11111 DDD>1D TOWN OF NORTH ANDOVER 1p �1 1213, r4 MASSACHUSETTS v ECENE '�' pOR�y, n 21980 '_� 3?Ods+'ao y OD 0 441 34C•Hu F LO vz X22 October 22, 1980 Mr. Daniel Long, Town Clerk Town Office Building ' North Andover, Mass. 01845 re: Kenneth Haphey - Special Permit - Watershed District Dear Mr. Long: After a public hearing duly advertised for September 8, 1980 and held on September 22, 1980 and continued, the Planning Board unanimously voted to approve the Special Permit for Kenneth Haphey, Great Pond Road, subject to the following findings and conditions: Findus: a) The specific site is an appropriate location for such a use, structure, or condition; b) The use as developed will not adversely affect the neighborhood; c) There will no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The Planning Board will not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this By-Law. Conditions: 1. Perimeter drains from the proposed house and any other drains from the property shall not be directed toward the street; 2. A driveway entry permit shall be obtained from the office of the Highway Surveyor; 3. Hay bales shall be placed along the length of the proposed driveway during the entire term of construction; 4. Only those trees necessary to be removed for construction of the driveway shall be disturbed. All tree removal activities shall occur under the direction of the Tree Warden; { Kenneth Haphey - Special Permit - Watershed District Page 2 October 22, 1980 5. The construction of the driveway shall be completed no later than October 15, 1981; 6. The driveway shall be no greater than fifteen (15) feet in width in accordance with the Board of Appeals decision of October 14, 1980, Petition No. 24-180; 7. Construction shall conform with the Conservation Commission's Order of Conditions, dated October 3, 1980, File No. 242-97- The following members were present and voting: William Chepulis, Chairman; Paul Hedstrom, Vice Chairman; Joseph D'Angelo, Clerk, Michael Roberts; and John Burke. Very truly yours, PLANNING BOARD (,�J William Chepulis, Chairman WCfjw cc Kenneth Haphey Parties in Interest William Cyr, Highway Surveyor Leo Lafond, Tree Warden filar, �-o --� I ( ° C-0 13 141 S Ar 7 TOWN OF' NORTH AND011ER UG:[][ 1980 t` MASSACHUSETTS w.iaa� M1t: PLANNING BOARD �'Sy APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant eg _ � Address_ U 1. Application is hereby !e. 4 (a) Fora Special Permit under Section y%', Paragraph of the Zoning By—Law. 2.. (a) Premises affected are landand buildings ' .' :numbered .- Street. -(b) Premisev. ffected are property with...frontage oa.the North-- , i. South-- ' Easter Westside of Street, andknown as No. Street. _ .c ..., (c) Premises affected are in Zoning District , and the premises affected have an area of and frontage of feet. 3. Ownership: . (a) Name and-address of owner (if joint ownership, give all names): n i I09 f ,25 S . o?,{ -T°c,e/1. Date .of purchase Previous Owner U NdW/C (b) If applicant isnot owner, check his interest in the premises: Prospective purchaser Lessee ,Other; (explain) �W/Ve 4. Size of proposed building front; feet deep Height: stories; feet., (a) Approximate date -of erection 'm/Yl2(,1 j►9+e lt5 /q e/t cz iy � (b) Occupancy or use (of each floor) (c) Type of construction S. Size of Existing Building: feet front; feet deep Height: stories feet. f (a) Approximate date of erection (b) Occupancy or use (of each floor) (o) Type of construction 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? V) If so, when 7. Description of purpose for which Special Permit is sought on this petition: U� � uGf G 4Li42 AS �r eG✓9 e. s � k ,J/ 3 e /r s 10 Peot • �o f� `lAve o/z/nA/ �'� ��I j.t/ c� (over) 8. Deed recorded in the Registry of Deeds in Book Page _/37 or Land Court Certificate No. Book Page 9. The pZincipal points upon which I base my application are as follows: (must be stated in detail) �" / D /lUL 7� �II�drJi� /y! U7 eW-1 /' DLJ Use r✓ aS /o zwmeA Al.-& ht4elry f wo A0 I agree to pay for advertising in newspaper and postage fee for mailing -legal notices to-"Parties in in Brest" - Petitioner's signature)- Every i atureEvery applicationforaction-by the B6d shalll -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 - 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 (300) feet of the property line all as they-appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another oity or town, the Plan— ning Board of the town and the planning board of every abuttinj city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS ' 5-��/l�_ _. Sabel.. 06j0 3 . H/6 ¢ ef. /(Os- &02-14 J-,/ 1)�eiveN� /Moss 7 __... /1Jo•.,��Ge� � / .Ass- ._ __ _. _ . . - _ l'Ui/�i9� /016- 61 eR'f 79 orf e.9 f ADD ADDITIONAL SHEETS, IF NECESSARY.