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Home My WebLink AboutKENNEDY, JOHN COMMONWEALTH OF MASSACHUSETTS DISTRICT COURTS OF MASSACHUSETTS DISTRICT COURT OF LAWRENCE ESSEX, ss John Desmond Linda Desmond William Driscoll Helen Driscoll., Plaintiffs vs Board of Appeals, Town of No. Andover Frank Serio, Chmn. Alfred Frizelle, Vice Chinn. Civil Action No. 180 7 R. Louis Di.Fruscio, Clerk James Noble, Jr. Richard Trepanier John Kennedy Claire Kennedy Dorothy 0. Archambault, Defendants AFFIDAVIT I, Daniel Long, Town Clerk of North Andover, Massachusetts, do swear and affirm that no notice of appeal of a decision of the Board of Appeals of North Andover granting a variance to John Kennedy, Claire Kennedy, and Dorothy Archambault concerning parcels of land on Great Pond Road in North Andover has been i received in the office of the Town Clerk of North Andover as M :30 P.M. on Septe , 1979. W7SS A EL LONG, CL 0i t SWORN AND SUBSCRIBED before me this th day of September, 1979• �1 = Notary Public, State of Massachusetts My commission expires: 029 /Pj-Y , A , . �• I _ ' f MORTH NfV� + TOWN OF NORTH ANDOVER a P as ,97 = MASSACHUSETTS f� „ :, t 3 _I BOARD .OF..APPEALS ;, NOTICE: This application must be t .. pp typewritten. APPLICATION FOR RELIEF FROM THE- REQUIRMENTS-OF -THE'-°'ZOIgING ORDINANCE JDIIIi XMM 1779 and 1785 GRRT POND FDAD Applicant � � and *MR A11W=9 ggiY o, ,ar�n►e�a �c�r Address MR 1'. Application is hereby made 7.3 w Table 2 (a) For a variance from the requirements of Section ,Paragraph of the Zoning By-Laws. (b) For a Special Permit under Section ,Paragraph of the Zoning By-Laws. (c)' As a party aggrieved, for review of a decision made by the-Building Inspector or -other authority. _ 1779 and 1785 6rest 2. (a) Premises affected are land XX - and _buildings XX numbered Pond Road Street. (b). Premises affected_ are�_property with frontage on the Nor"th -XX South East West side of Grew-Pond Roadt and . - knownas N0.17`79 27$5-Great�X. . aver, bass. - (c) Premises affected are in "Zoning District R-2 ,and the premises affected have an area of and frontage oT150 feet.WW 205. tset• 61,000 aSh00E1 3. Ownership: - - (a) Name and address of owner (if joint ownership,give•all names): John and claim Xermedy and Dorothy 4. Arcwmbault Date of purchase Oct, 1956 Previous owner Stanley 8tetauwics (b) If applicant isnot -owner, 'checic'his- interest in the -premises z - Prospective purchaser Lessee Other (explain) 4. Size 'of proposed--building: front; feet deep. Height: stories; "meet. �a� Approximate date of erection bOccupancy or use (of each floor) : (c) Type ot construction 5. Size of Existing Building: feet front; feet deep. Height stories -met. . (a) Approximate date of erection About 20:year$ each building b Occupancy or use (of:-each f loor3 Ftesidaytitl (c) Type or construction Wood Frame 6. Has there been a previous appeal, under zoning, on these premises: NO If so, when - 7. Description of relief- sought on this petition: We propose to divide this Prop- erty into three lots, each having the. required area and frontage, ' s ve carr dwellinga an 1 the best division of these lots creates a minor side �rard violation situation Stith respect to ea , as s oan on Plan. 8. Deed recorded in the Registry of Deeds in Book 846 Page 380 mxxXxw* Sc�c��i0rbc�c��. fc x�gec - 9. -The principal points upon which I base my application are as follows : (must be stated in detail) 1 :1 0MQrs are ane f441.1y. who built both houses`•whhich would have conformed at the time of building to the t}+sn sideveld re cuirement if divided 'at that tinso No structural a whatever is sought, and otherwise these large houses will never be able to be separately sold. Advancing years am health Problems make this hilltop Property extremely difficult to maintain. Iiagree to for ertising i ws a nee yd incidental expenses. By$ De _ h1Y Petitioner's Signature) David F. Bmcna in, their Attorney 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 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 �� tted �� with a list of "Parties in Interest: which list shall include the petitioner, abiitters, owners of land directly.opposite on any public orprivate street or w owners of land within three hundred.-feet of the property. line allaas they appear on:-the most recentapplicable tax list notwithstanding that the land of any such .owner is located in another city or town, the planning board of:.the town and the planning board of every abutting city or .town. -�•.,.. Every application shall be submitted with an application fee sufficient to cover ,the cost of postage of notice to all parties in .in_ terest. LIST OF PARTIES IN INTEREST NAME ADDRESS John Be $ Linda F. Desmond 177S Great Pond Road, No. Andover, !lass. Stipa Sobel t J. Albert Bradley, Trustees 165 North Street, Methusn, Massachusetts I Charles D. and Margaret W. Sullivan , 136 Hiddsn mord, Andover, Massachusetts � William J. and Halon Driscoll, 1815 Great Pand Road, North Andover, Use. Rid0rd J. and Sophie P. Haphey, 3258 24th Terrace 8.0 Miami, Florida W311iei T. and Wanda J. Averkr, 1857 Great Pend Road, North Andover, Mass. Strrmard Realty Trust, 12S Essex Street, Lawrence, Mass, ADD ADDITIONAL SHEETS IF NECESSARY. . Non;+�ti r A/M1IL7M ¢•. i$tSs Cpl 'rrrtrvr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . 16 t. 1979 . . . . . . . . . . . Petition No.. . .47'79 . . . . . . . . . . . . Date of Hearing. . .Jay.9.9 .1979 . . Petition of . JOHN KAY. CLAIRE I MY and DOROTHY O. ARCH.MBAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 1779. an.d 17$5_Great .Pond Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North.Andoper _Zoning By.Law, - Sec.. 7r3 .aad.Table .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit a variance from. side .lot. lines.and. A division of.land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the Variance. . . . . . and hereby authorize the Building Inspector to issue a permitto . . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed Frank Serio, Jr.s Chairman Alfred E. Frize4e.q +,sq.t Vice Chaiman R. Louis DiFruscio. Clerk James D. Nobler Jr.. _ . . _ _ . . Richard, d., Trepanier . . . . . . . . . . . . . . . Board of Appeals pORTH Dl Atac q.,MA Q0�9 t o r y 2 S$ACHU rr � vEU ' TOWN OF NORTH ANDOVER Q JUL 17 1979 MASSACHUSETTS AVAM Lucr Q o MACM " HOARD OF APPEALS b2 Ed Zz lz July 16, 1979 Kennedy/Archambault Great Pond Rd. Petition #21-+79 Daniel. Lon.-, To-vm Clerk Town Office Building North Andover, Ila. Dear Sir: A public hearing was held by the Board of Appeals on July 9, 1979 upon application of John Kennedy, Claire Kennedy, and Dorothy 0. Archambault who requested a variation of Sec. 7.3 and Table 2 of the Zoning By-Law so as to permit a variance from side lot lines and, also, a division of land on premises located at 1779 and 17$5 Great Pond Rd. and shown on plan of land dated May 22, 1979. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; and Richard J. Trepanier. The petitioner testified at the hearing that two dwellings, located on Lots B & C, were constructed on the premises approximately 23 years ago and when constructed conformed to the zoning then in effect. Further, the petitioner testified that the property has been held in common ownership and at this time they desire to divide the property for sale. The buildings, as presently existing, will therefore be located too close to the property line and require this variance. At the hearing, several abutters objected to granting the variance specifically questioning the division of land into three lots. The Board, on motion made by Mr. Frizelle, seconded by Mr. Noble, unanimously voted to GRANT the variance as requested. The Board, in making this determination, has found that the particular parcel of land because of its shape and because of the location of the buildings which when constructed conformed to zoning created a substantial hardship since, if the variance was not granted, the petitioner would be required to convey a parcel containing two structures. The Board noted that the lots as proposed conform to all requirements of the By-Law other than the side line requirements. Further, the Board has found that the granting of this variance can Kennedy/.Archambault Decision -2- be done without substantial detriment to the public good and without nullifying nor derogating fmmthe intent and purpose of this By-Law. The Board considered the objections made by abutters; however, it found that the objections were directed to the formation of another lot of land and were not a question which was applicable to the requested variance. The question of a lot which, as indicated on the plan, is in conformance with the Zoning By-Law, is a question which is within the jurisdiction of the Planning Board. Very truly yours, 6-BO-UD OF 11PPF.AL�� 6-2 Y Al ed E. Frizelle, Vioe-+Chairman ,1_Y:& FORM A APPLICATION FOR 9KDORSEMENT OF PLAN BELIEVED NOT TO RIDRUIRE APPROVAL y 19 To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determina— tion by said Board that approval by it under the Subdivision Control Law is not repaired. The undersigned believes that such approval is not required for the following reasons: lo The division of land shown on the accompaMing plan is nota subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning Byi-Law and is on a public wayq namely, POWA MW or a private xay, namely, being land bounded as follows: 2. Title references Nsl ca e or Tltie 1400 e s ra on 1300Kpage i MAW PUMMOMW Received by Town-G7._fY_: r, r sytpp int' 8 li Date: A .z� 1� 3 R A licant's address s Jp ad 31M GMMKI� Time: ; 1�� Signatures Owner's siWture and address if not the , applicant: Notice to APPLICANT/TOWN CLERK of Action of Planning Board on " Accompanying Plan 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lawn and the appropriate endorsement has been made upon the same. i 2. The North Andover Planning Board has determined that said plan shows . a subdivision$ as defined by G.L. c. 41p a. 81-Lv and must therefore be re-subaitted to it for approval under the subdivision control law, very truly yours*.----..__ NORTH ANDOVER PLANNING BOARD BY Dates ails ii A 1 .... :.... .... .._rte.. . .....�. ..a.._.- ..- y �. Three certain parcels of land with ti?e buildings .,thereon, being shown as mots "A", IV' and "C" on Plan entitled "Plan of Land prepared for John and It „ Tl } r Claire Kennedy and Dorothy Archambault, North Andover, Mass.,, Scale 1" 40" feet:, May 22 , 1979, Cyr Engineeririg, 300 Canal Street, Lawrence, Mass. ,u and being more particularly bounded and describe.6 as follows: s Parcel No. 1: Being shown as Lot "A'" on said Plan, and being more particu7.ar.1y bounded and described as follows : SOUTHERLY a total of 150 feet by the Northerly line of Great Pond Road; W9,STERLY 3B9.i feet, more or less , by land now or formerly of Wil.liam 'j. Driscoll; NURTEI,EiLY 150 feet by a private way known as Stanleyville Avenue; and EASTERLY 386 feet more or less by Lot "B"; all as shown on said Flan. ' ' Containing 58,500 square feet more or Liss as shown on said Plan. x' ' Parbel No, 2s Being Lot "B" on said Plaf;, -and more particularly bounded :AhId, described as follows: SOUTHERLY 150 feet by the Nortxier]_y 1i.cie of Great Pond Road; WESTERLY 386 feet, more or less, by 11"A t1A11; NORTHERLYby a pr ivate way known-as Stan] ey ville Avenue, 1.67: feet; EASTERLY by part of Loot "C", ' '1.31 f eet more or less; A NORTHERLY again by part of Lot "C", 17 feet more -or less; and EASTERLY again by part of Lot "C" , 264 feet, more or less; all as shovm on said Plan. Containing 617477 Square feet more or less as shown an said Plan. Parcel. No. 3: Being shown as Let 1fC" on said Plan, amd more particularly' bounded and described as follows: SOUTHERLY by the Northerly line of PIGat Pond Road, a total of 199.8 feet; ,s WESTERLY by part of Lot 113t1 264 fe=t, more or less ;' ` a N041THERLY by part of Lot "B" 17 feet , more or, less; `Y ` WESTERLY again by part of Lot: "B" .131 feet,, more or less; � x NORTHERLY again by a private way kricwo, as Scanleyville Avenue, 1.83 feet; and EASTEPd,,Y by land now or formerly oz ,john. Desmond 436 feet, more or less; all as shown on said Plan. , Containing 81,273 square feet more or 1`ess, as shown on said Plan. „ ' W t: y 1 k. - job At Ir v u FORM A APPLICATION FOR ENDORSEMENT OF PLAN _ BELIEVED NOT TO REQUIRE APPROVAL August 6, 19 79 To the Planning Board of the Town of North Andover.- The ndover:Theundersigned wishes to record the accompanying plan and requests a determina- tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public ways namely, ,. Great Pond Road or a private ways namelyg 9 being land bounded as follows: SEE ATTACHED SHEET 2. Title reference: North Essex Deeds, Book 846 Page 380 MX t o�xe�f3�tex: JOHN EDY CLAYRE KENNEDY Received by Town Clerk: Appliean ''i t &=ernardin T By: Their Attorney Date: 3.'y _ Applicant's address 1779 and 1785 Great Pond Road T * ' 6dNorth Andover, Massachusetts Situesa• 1978 ' N TM w Owner's+ signature and address if not the aPP licant-. N A a '42. t.0 ti. o Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laws and the appropriate endorsement has been made upon the same. I 2. North over Planning Board has determined that aaid lan show* I� si as of ed by .L.1111111f1111111c. ,411 1- and t he re be re-submitt o it f approval r the sub sign c rol Very truly yours• NORTH ANDOVER PLANNINQ HOARD By Date= jD j Three certain parcels of land with the buildings thereon, being shown as Lots 11A", "B" and "C" on Plan entitled "Plan of Land prepared for John and Claire Kennedy and Dorothy Archambault, North Andover, Mass. , Scale 11r = 40 feet, May 22, 1979, Cyr Engineering, 300 Canal Street, Lawrence, Mass. ,V andbeing more particularly bounded and described as follows: Parcel No. 1: Being shown as Lot "A" on said Plan, and being more particularly bounded and described as follows : SOUTHERLY a total of 150 feet by the Northerly line of Great Pond Road; WESTERLY 389.1 feet, more or less, by land now or formerly of William J. Driscoll; NORTHERLY 15D feet by a private way known as Stanleyville Avenue; and EASTERLY 386 feet more or less by Lot "B"; all as shown on said Plan. Containing 58,500 square feet more or less as shown on said Plan. Parcel No. 2: Being Lot "B" on said Plan, and more particularly bounded and described as follows: SOUTHERLY 150 feet by the Northerly line of Great Pond Road; WESTERLY 386 feet, more or less , by Lot "A"; NORTHERLY by a private way known as Stanleyville Avenue, 167 feet; EASTERLY by part of Lot "C", 131 feet more or less ; NORTHERLY again by part of Lot "C", 17 feet more or less; and EASTERLY again by part of Lot "C", 264 feet, more or less; all as shown on said Plan. Containing 61,477 square feet more or less as shown on said Plan. Parcel No. 3 : Being shown as Lot "C" on said Plan, amd more particularly bounded and described as follows.: SOUTHERLY by the Northerly line of Great Pond Road, a total of 199.8 feet; WESTERLY by part of Lot "B" 264 feet, more or less; NORTHERLY by part of Lot "B" 17 feet, more or less; WESTERLY again by part of Lot "B" 131 feet, more or less; NORTHERLY again by a private way known as Stanleyville Avenue, 183 feet; and EASTERLY by land now or formerly of John Desmond 436 feet, more or less; all as shown on said Plan. Containing 81,273 square feet more or less, as shown on said Plan. "ORT" 1 TOWN OF NORTH ANDOVER4. - - O�st�a. s O x *# a, '.,,,.p,,•`�y DANrE:L LONG, Town Clerk - �SSnGH�5ES ELECTION DEPARTMENT TOWN BUILDING - NORTH ANDOVER, bfwsa. 01845 P C-E R-T-I-C A-T-E In accordance with the provisions of G.L. Chapter 40 A, Section 11, I, Daniel Long, Town Clerk for the Town of North Andover, Essex County, Commonwealth of Massachusetts, do hereby certify that the attached are true copies of Decision and Notice of Decision of the Board of Appeals of said Town, and that said Decision and Notice of Decision were filed in the office of said Town Clerk on July 17, 1979 I do further certify that twenty days have elapsed since the filing of said Decision and Notice of Decision and that no appeal therefrom has been filed with the said Town Clerk. Aug. 6, 1979 L�:-x# Clerk, Tbwrt6f No th ndover Commonwealth of Massachusetts . Essex, ss. Then personally appeared Daniel Long, Town Clerk of the Town of North Andover and made oath that the foregoing statements _ ' by him made are true,, before me, i Notary Public �j g TiI�LLJiJ ( 6 -� �J /nAt'. 5 J�79Z Oversized Maps on file with the Town