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HomeMy WebLinkAboutKINDRED, DANIEL Leiv"­ed by Town Clerk: F. ` (ll � To TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE David A. Kindred, Trustee Applicant_� Kindrad �, t _w.__� Address 46 Ma`b1_e_idare Itd Horth Andovex 1 . Application is hereby made: a ) For a variance from the requirements 'of Section 4,121 Paragraph 7 UJJX4 XoXXXXXXXK the Zoning By Laws b) For a Special Permit under Sectiork;^121Paragraph 7 of the Zoning By Laws . — c ) X} X7LXX }��f9C�ClitXXX3�XX7C7lX {7fCX�ICh�I �iKX14RX �101�7Tl47LX'Q�{��9[DCX�]CXDitXj6lE7CX �X tr ct reg numbered Lot 7B 2. a ) Premises affected are. land -and AW&WK9C Marbleridge Road ___ —�—? • b) Premises affected are property with frontage on the North ( ) South (X ) Last ( ) West ( ) side of Marleridge Roams XXXV,XXXXXX>I(k}hnM=X=x4tmx__L t 7B�.M&rJ1J@xLdZ H4ad ---- AMMtX- c ) Premises affected are in Zoning District_, and the premises affected have an area off(L�_square feet and frontage of 16Fz70—feet . 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : David A. Kindred, Trustee of Kindred Family Trust Date of Purchase 4/5/85—, Previous OwnerDavid and Brenda Kindred b) If applicant is not owner , check. his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4 Size of proposed building:' N/A front; feet deep; V1 Height stories; _-_feet. a ) Approximate date of erection:__ yam_ b) occupancy or use of each floor:____ c ) Type of construction: 5. Size of existing buildin feet front ;_ feet deep; height—_—_stories ; a ) Approximate date of erection:___ b) occupancy or use of each c ) Type of construction: --------- 6. ___—_6. Has there been a previous appeal , under zoning, orr these premises? -- i Description of relief sought ' on this petition •variance and or special er mit X_figcgn. 4,121arag--ph_Z Qn• L the zo 'n�d bylaw o allow Cnntinue existence of inground pool closer than 10 -feet fr©m the lot line. B. Deed recorded in the Registry of Deeds in Book `:1960 Page 195 Land Court Certificate No. —.Book Page,. The principal points upon which' I base my application are as follows: (must be stated in detail ) •; Swimming pool as constructgd will-not adversely -effece the neighborhood nor ia111 it greate any nui nce Qr, serious hazzard to the area -•ani tbat the location is ' an appropriate location for their pool. Further. the allowance of the continued. existing of the constructed wool ata distance closer than 10 feet from the side line can be granYW;` -jtout seriously.mpacting any of -the a utters tot e I agree to pay the filing fee, advertising in newspaper, and incidental expens * ; ,. �. '_Signature of P titin r s .� C Every applicationfor 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 applicatlon form. , All information 'callod for by thu form shall be furnished by the applicant in the manner 4hereinr: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 ' threc hundred feet ( 300 ' ) of the property line of thin petitioner as they appear , on the most recent applicable tax list, notwithstanding that the land of any such owner is located in an-other- 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. Oa. 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 limit,ed to these . a� 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 DAVID A.- and BRENDA KINDRED 46 Marbleridge Road North Andover, MA 01845 FORBES REALTY TRUST 401 Andover Street . .North Andover, MA 01845 FRANCIS, and ROSE ANN DENUNCIO '143 Sandra Lane North Andover, MA 01845 MARIO and RENATA CAVALLARO •.119 Autran Avenue ,North Andover, MA 01845 .; ROBERT J. and DONNA M.• CUOMO 59 Sandra Lane North Andover, MA 01845 ELDER N. and MICHELE F. RIPPER Great Pond Road North Andover, MA 01845 MARBLERIDGE DEVELOPMENT CORP. . 401 Andover Street North Andover, MA. 01845 E.F. and LUCILLE C. LEALAND 245 Great Pond Road t North Andover, MA 01845 (use additional sheets if ` necessary) * property whereas the forced removal or abandonment of the pool as construc'Z.ed ', . would cost due to serious and substancial financial hardship to the .petitioner. .';1 . MUM 1UH TOWN OF NORTH ANDOVER Any appeal shall be 6144 MASSACHUSETTS within (20) days after the date of filing of this Notice MAY 3 c6 FM X64t o*.�� in the Office of the Town 3: ,:. ... .,o� Clerk. -- P 3 CMU X17 NOTICE OF DECISION May 9, 1984 Date. . y.. . . . . . . . . . . . . . . . . .. . . .. . . Date of Hearing Petition of Daniel.S..Kindred P.O. .Box.39, Billerica,. MA . ... . . .. . . . . . . . .. . . . . . . . . . . .. . . . . . .. . . . . . Premises affected . . Lot 10. -. Johnson. Circle,.North.Andover, MA. . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the Nort}i. p4;tdovpr. Zoning Bylaw. . . . . . . . . . . . .Sd) .Watershed District , , , . . . . . . . . . . . . . . . . .. .. . . . so as to permit the, construction of a. sinple. family.dwellinR and ,associated structures . . . . .. . . . . . . . . . . . . . . . . .Tji,th ,1_00 feet, of a. tributary,to.Lake.Lake -ck. , . . . .. After a public hearing given on the above date, the Planning Board voted to . . . .gRANT. . . . . . .the Special Permit. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . ... .. . . based upon the following conditions: (see attached Special Permit) Signed Michaal.R.. Xohexxs.,. Uzce.Ghaixman Jgkln A., James,,. Jr;.,. .Clerk . John ,J., Burke . . . . . . . . . . . . . . . .. . . Erich W. Nitzsche . . . . .. . . . . .. . . . . . .. . . . . . .. . .. .Planning .Board. . . . . . . • , . R6�bh18G BOnllo filed TOWN OF NORTH A N D O V E R Any appeal Shall be MASSACHUSETTS within (20) days after the MAY a t,' Pg ' date of filing of this Notice NORrN in the Office of the Town f �,y Clerk. F w i moo'_. . • r SSA[MII+� May 9, 1984 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Ma 01845 RE: Daniel- S. Kindred - Special''Permit for Watershed District Lot 10 Johnson Circle Dear Mr . Long: The Planning Board held a public- hearing on Monday evening, March 19, 1984 in the Town Office Meeting Room upon the application of Daniel- S. Kindred, P.O. Box' 39, Billerica, Ma. . The hearing was duly advertised in the North Andover Citizen on March 1 and 8, 1984. All' abutters were notified by mail` in accordance with M.G.L. , Chapter 40A, Sec'. 9. The following Planning Board members were present: Michael' P. Roberts, Vice Chairman; John J. James, Jr. , Clerk; John J. Burke; and Erich W. Nitzsche. The petitioner seeks a Specal' Permit under Section 4.133(d) of the Zoning By Law which requires a Special` Permit to allow construction within 100 feet horizontally from the edge of all, tributaries to Lake Cochichewick, the town water supply. The premises is known as Lot 10 Johnson Circle, located on the south side of the Johnson Circle cul=de-sac-. The parcel' has a total' area of 44,740 s .f. with 125 feet of frontage. It is in both a Residential-3 (R-3) zoning and Watershed District . At the hearing the applicant testified through his representative Attorney James Glynn, the following: - The applicant is before the Planning Board for a Spec=al Permit to construct a single family dwelling within 90 feet of a tributary in the Watershed, the septic' tank and pump chamber being within 80 feet. - There is an existing Order of Conditions from the Conservation Commission permitting construction. Wetlands were staked out for their determination. Daniel' S. Kindred ` > Special Permit - Watershed i Lot 10 - Johnson Circle Page 2 MAY 9 CG PM X84 - Mr. Kindred has petitioned the North Andover Board of Appeals for a variance from Section 4.133(c) 'no cut ' requirement to remove three (3) trees within 25 feet of the tributary to gain driveway access to the lot. That board has taken this request under advisement until" their next meeting. - Due to the location of the tributary being parallel' to the lot frontage, the area of wetlands, and topography on site, the lot requires the dwelling to be where it is shown on the plan. The public hearing was closed and the petition taken under advisement . A request was made by the Planning Board to stake the centerline of the drive and dwelling corners, and flag trees to be removed. A site visit was scheduled by the board. The following members were present and voting at the May 7, 1984 meeting when the Planning Board rendered its decision: Michael- P. Roberts, Vice Chairman; John A. James, Jr . , Esq. , Clerk; John J. Burke; and Erich W. Nitzsche. Upon a motion made by Mr. James and seconded by Mr. Roberts, the Board voted to grant the Special- Permit requested, subject to the following: 1 . Only the proposed work as shown on the plan entitled ' Site Development Plan. Lot 10, Johnson Circle prepared for Salvatore and Dorothy D'Agata; by Amherst Survey, Amherst, N.H. and Bruce Stamski P.E. , Acton, MA. , dated August 9, 1983 is allowed under this permit. Any minor changes meeting the intent of said plan and decision, and determined to have lesser impact on the wetland tributary must be reviewed and approved by the Planning Board prior to implementation and reflected on the final plan. 2. All' construction shall comply with Conservation Commission' s Order of` Conditions, DEQE file no. 242-205. 3. A driveway entry permit shall' be obtained from the Highway Department for access purposes. 4. Tree well§ shall- be used to prevent damage to remaining trees in close proximity to the excavation for the installation of twin 36" culverts, and driveway at the site of the tributary. 5. Prior to any construction the applicant shall: 1) provide the Planning Board with the approval's for septic pump connection from the Board of Public-Works; and 2) submit an erosion control- plan for review and approval by the Planning Board showing erosion control` measures to be maintained continuously during construction. Daniel' S. Kindred ' ' ' Special' Permit - Watershed ` =_l Lot 10 - Johnson Circle Page 3 MAY d6 DMi aq 6. Other than the clearing permitted under variance No. 12-184 from the Board of Appeals allowing the cutting of' three (3) ash trees within 25 feet of the tributary, the work limit area shall' not be permitted below the existing 186 foot contour. 7. Upon final' completion of grading and construction, a certified as-built plan from a Registered Professional Engineer and/or Registered Land Surveyor shall' be submitted to the Planning Board for review of compliance with the Special Permit. Said certification will' state that the as-built grading and construction fully complies to the approved Special Permit with revisions noted. In granting this Spec'ial' 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: a) Lot 10 Johnson Circle is the appropriate location for the construction of the proposed single family residentialuse; b) The residential' use permitted in that zoning district will-'not adversely affect the surrounding residential' neighborhood or Watershed, since said plans and conditions minimize any impact to the denoted wetland area and tributary, and is a continuation of its allowed surrounding use; c) In compliance with , conditioned approval', there will-be no nuisance or serious detrimental- hazard to vehicles or pedestrians; d) Adequate and appropriate facilities, inclusive of the sewer and water connection, will- be, provided for the proper and efficient operation of the proposed iesidential'-use; , e) Based on site visits, the public hearing process, and review and input by appropriate town boards and departments, the single family use is considered to be in harmony with the general' purpose and intent of the North Andover Zoning Bylaw. Sincerely, Planning Board 0%Cd-GY��� 9� 4 Michael- P. Roberts Vice Chairman 7w cc All' Town Departments Applicant Abutters DEQE �Non;;r yti 4:$� Any appeal shall be filed A "IL?" P9 within (20) days after the ,q $N ' date of filing of this Notice y AM '84 �•...,,. in the Office of the Town TOWN OF NORTH ANDOVER Clerk. . MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .April 26, 1984 Petition No. 12.-.' 8.4.. . . . . . . . . . . . Date of Hearing.march 12, 1984 Petition of DANIEL. KINDRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .Lot. 7,Q. �?obnson -Circle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the _Zoning. By. Law Section. 4. 133. .Uc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the . construction. of . a .new. single. .fami ly. .dw.elling .within 25. .fee.t. of . .a . tributary. on. a . lot. located .in .the. Watershed. .Distri.ct. . 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 permit to . construct. _a. single •family dwelling -within. 25 . feet of •a. . • • . tributary for the construction of the above work, based upon the following conditions: That the plan be revised to shew a Board of Appeals signature block. Signed Alf red .E... .Trize.l1q, . Esg..F .Vice. .Chairman William, J.. : Sull.i van. . . . . . . • . . . . . . . . . Augustine .W.. .Ni.cke.rson. . . . . . . . . . . . Maurice . S. . F..ou.lds. . . . . . . . . . . . . . . . . . Raymond. A. . Vivenz.io. . . . . . . . . . . . . . Board of Appeals . MosrN 3+•.^ '•°� Any appeal shall be filed within (20) days after the date of filing of this Notice 11 �Q A in the Office At ft Zowrn, Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April- 26v 1984 Mr . Daniel Long, Town Clerk Daniel Kindred Town Office Building Lot 10 Johnson Circle North Andover, Mass. 01845 Petition No. 12-184 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, March 12, 1984 upon the application of Daniel- Kindred. The hearing was advertised in the North Andover Citizen on February 23 and March 1, 1984 and all abutters were notified by regular mail. The following members were present and voting: Alfred E. Frizelle, Esq. , Vice- Chairman; William J. Sullvian; Augustine W. Nickerson; and Associate Members Maurice S. Foulds and Raymond A. Vivenzio, Esq. The petitioner seeks a variance from the provisions of Section 4.133 (3c) of the Zoning By Law so as to permit the construction of a new single family dwelling 150 feet horizontally from the annual' mean high water mark of Lake Cochichewick and 25 feet horizontally from the edge of a tributary on a parcel' of land located in the Watershed District on premises located on the South side of Johnson Cirlce known as Lot 10, Johnson Circle. The petitioner and his attorney testified at the public hearing that Mr . Kindred is the prospective purchaser of Lot 10 and that he pro- poses to cut a maximum of three (3) trees within 25 feet of a tri- butary in order to gain access to the proposed new single family dwelling. One of the trees to be cut is almost dead and denial of the variance would render the lot useless to the petitioner since some removal of vegetation will' be required is order to construct a dwelling on the lot. The Board rendered a decision at a Special Meeting held on Monday evening, April 23, 1984 with Members Frizelle, Sullivan, Nickerson, Foulds, and Vivenzio again present and voting. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted four to one, with Member Frizelle voting in opposition, to grant the variance subject to the condition that the plan be re- vised for the purpose of adding a Board of Appeals signature block. G:( Daniel Kindred Lot 10 Johnson Cirlce P Petition No. 12-184 April 26, 1984 MAY 59 AM 184 Page 2 In granting the variance, the Board finds that Section 10.4 of the Zoning By Law has been satisfied. In particular, the Board finds that owing to the condition of the land a literal enforcement of the provisions of the Zoning By Law would create a financial- hard- ship to the petitioner since the lot cannot be utilized without said variance. Further, the Board finds that desirable relief may be granted without substantial"detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS Alfred E. Frizelle, Vice-Chairman Jw (Plan to follow) it Oversized Maps on file with the Town