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HomeMy WebLinkAboutMITCHELL, GEORGE Received Ly Town Clerk , Da" r, q0_ TOWO OF NORTH ANDOVER, MASSACHUSETTS ; BOARD OF APPEALS Notice : This application must be typewritten "'<,APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicnt Georgina & Craig Mitchell Address 95 Candlestick Rd. , North 1 . Application is hereby made Andover, MA 01845 O"xxR=XOCxKKXXXKIZXXfXRttXlk XXKRMAXXNXAAAXA95C,* AXWYMXXx*AXXDVA}[ftXXXXXXX xxxxxmotxlcockkxxxxxxxx§tf x:kkftxllxRRRBXAXxtANAx (b) For a Special Permit under Section 4. 121Paragraph 19 of the Zoning By-Laws . cxX�C�{4CxQt�C�t$XxXHHXXfCXKF�xx�XxxXR7C1{74XX1?3�2C1&�x�XX�k�74l�x�KC�{:�Q}[!�C xxxxxkCiQ=Itizk§[XxRXxR#$xxxxxjtk§txx:txx 2 . ( a) Premises affected are land and building(s ) numbered 95 Candlestick Rd. , North Andover X=, Mass. ( b ) Premises affected are property with frontage on the North ( } South ( ) East ( - ) West ( ) side of Street , and known as No . Street. ( c ) Premises affected are in Zoning- District Rt and the premises affected have an area of 75,239 square feet and frontage of square feet . 3. Ownership ( a ) name and address of owner ( if ,joint ownership , give all names ) : Georgina & Craig Mitchell, 95 Candlestick Rd. , North Andover, Mass. Date of purchase 1983 Previous- Owner William L. & Charlene F. Trombly_ (b ) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) A . Size of proposed building : front ; feet deep ; feet. ( a ) Approximate date of erection : (b) OC,Cupancy or use of each floor : (c ) Type of construction :-_ v 5 . Size of existing building : _ 58 feet frust ; 30 -feet deep ; Height: 2 1/2 stories ; feet . ( a ) Approximate date of erection : 1979 (b) Occupancy or use of each floor : residential, single family use and in basement children's daycare center. .(c) `type of cobsLructlon : wood frame 6 . Has there been a previous appeal , under zoning , on these 'premises ? No. ,w If so , when? 7 . Description of relief sought on this petition special -permit for the operation of a day care center for no more than twelve (12 ) children. 8. Deed recorded in the Registry of Deeds in Book ` 1719 , page 127 or Land Court Certificate No . Book, Page ___ •s The principal points upon which I base my application are as follows :' (Must be stated an detail ) See Attached I agree to pay for advertising in newspaper and incidental expenses* X c, /sue_ e' Petitioner 's Signature 77- Georgina Mitchell Ig itchell 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 forma All in- formation 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 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 respon- sible 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 . LIST OF PARTIES IN INTEREST Name Address •• Robert J. Janusy 40 Sunset Rock Rd. , Andover, MA 01810 Howard L. & Carol A. Moe 115 Candlestick Rd. , No. Andover, MA Dennis A. Boudreau 125 Candlestick Rd. , No. Andover, MA Louis P. Scutellaro 125 Candlestick Rd. , No. Andover, MA Gerry M. Wells 81 Candlestick Rd. , No. Andover, MA Daniel & Faith J. McCarthy 60 Deerso Avenue, Lawrence, MA 01840 Joseph A. & Mila J. Nadeau,, 86 Forest Street, No. Andover, MA Joyce A. & Helder M. Salgueiro 98 Forest Street, No. Andover, MA M 110 Forest Street , No. Andover, MA Dennis W. & Nancy Matthews .. Y Dennis G. & Susan Battersby 122 Forest Street, No. Andover, MA David A. Milot 14 Millpond Rd. , No. Andover, MA Robert N. & Constance H. Montouri 100 Candlestick Rd. , No. Andover, MA Craig S. & Georgina A. Mitchell 95 Candlestick Rd. , No. An4over, MA (Use additional sheets if necessary) The applicant is currently operating a family day care center on the premises for six children . They have constructed within their home an area to operate a children ' s day care center in conformance with the requirements of the Commonwealth of Massachusetts Division of Children ' s Services. The applicant is a duly licensed and qualified instructor and has a waiting list of parents for the admission of children into the day care center . There is an existing drastic shortage of needed facilities of the type being provided by the applicant and the applicant believe that her home environment and teaching qualifications could best be utilized in providing day care services for a child 's class size of twelve children . The -applicant believes that the area in her home in the country atmosphere at Candlestick Road is an appropriate if not an ideal location for the use proposed. The area is readily available for access by the families within the Town of North Andover utilizing her services . The small scale of the operation proposed by the applicant is such that it will not adversely effect the neighborhood surrounding her home . The applicant has a large driveway with adequate turn—around space so that the children and the vehicles of the parents transporting the children to the day care center will not create a nuisance or serious hazard to vehicles or pedestrians in the area . The area of the applicants home which has been created to house the existing child care facility is sufficiently sized and designed to accommodate children . It has immediate door access to the outside for access and egress needed for safety and other purposes . The applicants yard is large and provides adequate space and area for outdoor play and recreation at appropriate times . The children are at all times supervised and their use of the premises do not constitute an annoyance or nuisance to the abutting property owners . The applicant believes that the use as proposed by her will be in harmony with the general purpose and intent of the the North Andover zoning by—law and will provide much needed service to the community. .0 , 1 RECEIVED fll.�Cj y DANIEL LONG TOWN CLFRK F. AP%IL7" WORTii ANDOVER L- 0 C%V AA % the .1 A H Go rip, TOWN OF NORTH ANDOVER MAMACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Georgina & Craig Mitchell Date August 24, 1988 . . . . . . . . . 95 Candlestick Rd. N. Andover, MA 01845 petition No„ . . _ 3-89. . . . . . . . Date of Hewing. . .49P!3:t. -22, .1988 Petition Of . . . . . .Georgina-L L&- Craig-Mitchell . . . . . . . . . . . . . . . . Promises affected . . . . . . •95,Candle8tiCkR& . . . . . . . Referring to the above petition fpr a-]fflRM from the requirements of 4W .Senaoll .42 . . . . . Paragraph 4.121(19) of the Zoning ByLaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit operation. of. .a .day. care .cente.r. for.no. more.than .12.children. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . ... . After a public hearing given on the above date,the Board of Appeals voted to GmT. . . . . : the . . . . . . Special Permit. . . . . . . . . . . . . and hereby authorize the Building Inspector to Hmm a permit, to . . .Georgina .& .CraigMitchell, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: A permanent fence, at least 3' high, be installed to completely enclose the designated play area. Signed . . . William. ,Sullivan. Acting. Chairman. . . . - Mg4st inp. ffi4@rPPA,. .QIe;k . . . . . . . . . Ann4.Q'CPA1!QX . . . . . i . . . . . . . . . . . . . . . . . Louts.RissArt . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . I . . . . . . . . . . . . . Board of Appedis RECEIVED Any ann^.al ciz!I be filed o� RT:,tio DANIEL LONG 32 a`: *'^ TOWN CLERK t�eit' i� �`: 1 ur iiia p NORTH AH3OVER +/� g Ci,4 of fl,';­7 J; it�eS vO ti C.. x'e .�+ Aug2� !2 00 1` t8$ in the O� ice of the Town y' :. W ,'SSACNUSES Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Georgina & Craig * Petition 413-89 Mitchell 95 Candlestick Rd. * DECISION N. Andover, MA' 01845 The Board of Appeals held a public hearing on Tuesday, evening; August 9, 1988 and a Special meeting on Monday evening, August 22, 1988 upon the application of Georgina & Craig Mitchell requesting a Special Permit from the requirements of Section 4, Paragraph 4.121(19) of the Zoning Bylaws so as to permit the operation of a day care center for not more than twelve (12) children on the premises located at 95 Candlestick Road. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on July 14 and July 21, 1988 and all abutters were notified by regular mail Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the Special Permit, as requested, subject to the following condition. 1. A permanent fence, at least 3' high, be installed to completely enclose the designated play area. The Board finds that the petitioner has satisfied the provisions of Section 10,para.10.3 and para. 10.31of the Zoning Bylaws and the granting of this Special Permit will not derogate from the intent and purposes of the Zoning Bylaws nor will it adversely affect the neighborhood. BOARD OF APPEALS William Sullivan Q Acting Chairman Dated this 24th day of August, 1988. /awt