No preview available
HomeMy WebLinkAboutKETTENBACK, MICHAEL IL AecLived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF S8E ZONING ORDINANCE Applicants_Michael L. KettenbagYi_______Address_40 Coachmans Lane, No. Andover Mass. 01845 1 . Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7 . 2 and Table 2_��of the Zoning By Laws�j.,ith respect to the building or tori under th a ed District Temporary Growth Limitation :e°x�i (o. iccr ra ��scx Rx ��ttRtxxxxC �Cst6� xxxx4x. x;7F c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. bordering on Lake Cochichewick by N/F 2. a ) Premises affected are land x /2=d<xtmkRdc'K5*K) x1amiD"x1214 Boston University, N/F. A1�9Y-t F.3tkr&&k.Cullen___, Jr. and .N7F---7state o�Mary F. C ►F�arTeFs`C41T-R acce`ss�rom. Osgood Street. (See attached plan.) ------------ and the premises c ) Premises affected are in Zq ging District_gZ_ g other ac and �oronta a affected have an area of 30 7 € / ` Dug= than access o�-E1Cgehill Road and Pond Pasture Road to Osgood�Street. 3. Ownership _ Not Applicable. a ) exxx6c�owax�aacx( bcxmd�c�icaxxc�x�c�x�i:kx�a�ees�kz Date of Purchase __ -------Previous Owner-------- b) If applicant is not owner , check his/her. interest in the premises: xLesee Other (explain) __Prospective Purchaser -- 4. Size of proposed buildin9t_ front;-_ --_feet deep; _____ Not Applicable. Height stories;—____-feet . a) Approximate date of erection:-_—_--_--__-_-- b) Occupancy or use of each c ) Type of construction:---------------- --- 5 . Size of existing building:__ feet .feet front;__— —feet deep; Height stories;.____ _ Not ,Applicable. a) Approximate date of erection:_--________—_ __ b) occupancy or use of each floor :_____ ci) Type of construction: _— --- - 6. Has there been a previous appeal , under zoning, cn these premises? No If so, when?_____ 7 . Description of relief sought on thisetition To grant a variance from the street frontage requirements as provided in 5e-ati-on-7-f-paragraph•-T.2 -table 2 and with respect to the building moratorium under the Water Shed District emlporary` roWENami a ion,- cion�',-paragrapfi-�1:I331T~- _ B. 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 ) I intend to build one house on 30 acres , more or less, of the property I_have under� agreement to u�rch_ase. The building Tof_said one house will not contra u'b to to a�-will prevent any contamination o3"any sort-to La ee Cochichewi�Tc c. efiling- ofthe p an was su mi3:Iea prior to tfie` passage of the Water Shed District Temporary Growth=Imi�fion`an�s I agree to pay the filing fee, advertising in newspaper , d i ci ntal expenses* - <1 T-------- -----r� ae Ke-T-en`Sacfi� C� *grandfathered" as a sub-division. See "Atacl4ed Sheet" . 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. Alt 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 appA cable tax list, notwithstanding that the .land of any such owner is ocated in another city or town, the Planning Board of the city or town, an ' the Planning Board of every abutting city or town . *every application shall be submitted with an appli ,ation charge cost in the amount of $25.00. In addition, the petitioner Shall be responsible for any and all costs involved in bringing the petition before the Board . Such costs shall include mailing and publication bvt are not necessarily limited to these . Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless -said plan has been submitted. Copies of the Board' s requirements regarding plans are -Ittached licrcto or are available from the Board of Appeals upon request . LIST OF PARTIES IN INTEREST Namc Address (use additional sheets if necessary ) .� RECEIVED DANIEL 1-04G Received by Ti6QMCIbilk• NOM 0'11�oOVER HIS I 9 iu TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF 18E ZONING ORDINANCE 40 Coachman 's Lane Applicant` Michael L. Kettenbach- Address No . Andover=, 1 . Application is hereby made: a ) For a variance from the requirements of Se, tion 7 Paragraph 7 . 2 and Table 2 of the Zoning By Laws . b) FXx �bc�xtx[kciaticxSte� ictQtzxxxx� xaggal,xxxx�fxxiL� ax B�K K� c) As a Party Aggrieved, for review of a decision made by the building Inspector or other authority. bordering on Lake Cochichewick by 2. a ) Premises affected are land/ gkrxy}xbui:idingtzixxxx xmlxxxx NfF Boston University,_N/F Albert_Skgeskx F . Cullen , Jr . and N/F Estate of Mary F. Charles with access from Osgood Street . (See attached Plan . ) b) cxacxp�a@ca��yxagklaxfrgffimit �Yxt4xu�# ex�i�x(xx)x 9mlvyx(xx)ixa,m tx( x)Cxwmskxtxtxatdoxofxxxxxxxx_xxxxxxxi_xxxxxxxxxx_xxxxx 9[4m tic ix�iamxa$xttexxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx� C) Premises affected are in Zoning District R2_ affected have an area of 30 + ggaiiiRfsetx3nd/frontage Wf xxxxxxxxjv6y4Mx other than access from Osgood Street . 3. Ownership Not Applicable a) yCc �xCtfZxR1A�xx(citx �itmisx�attxess34ip�tx�gf�gxs$�txnnaeB�lx txxfxx l e:xxxxxxxxxxxxxxxxRtRyk!mmsx9wlARx2Sxxxxxxxxxxxxxxxxxxx b) if applicant is not owner , check his/Nex interest in the premises: X Prospective Purchaser Lesee other (explain) front; feet deep; Not A plicable 4. Size of proposed building:____-- Height_- stories :------feet . a) Approximate date of erection:__---`_--__-----_ b) occupancy or use of each floors,_ _ c ) Type of construction:----------------- --- 5. Size of existing building: __ feet front;__ feet deep;Not Applicable Height stories;______^feet . a) Approximate date of erection:----------- -- b) rection:--_M-_-- —_b) occupancy or use of each floor :—_ _ c ) Type of construction:----- 6. onstruction: _- _6. Has there been a previous appeal , under zoning, ca these premises? No If so, when?—_`___ ` i �sRECEPYE Received by Town Clerk: O DANIEL ED TOWN CLERK NORTHANDOVER Kv 10 926ANW TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF 7HE ZONING ORDINANCE 40 Coachman' s Lane Applicant_-Michael L. Kettenbach Address No . Andover . MA 0184_ ----------------------- --- -------- 1 . Application is hereby made: a ) For a variance from the requirements of se, tion __Paragraph 7 . 2 and Table 2 of the Zoning By Laws . b) Fotx ax*P"U!WJx XP0V0dXtX XUrAdVxx5tc�t4tkkQtixxxxRaxagxuglwxxxxofx£jD-exZIDIGaxugx W 4AWM c) As a Party Aggrieved , for review of a decision made by the Building Inspector or other authority. bordering on Lake Cochichewick by 2 . a ) Premises affected are land/ Rrloxbuiiaingigixxxxmxunbuax2o&xxx N/F Boston University3_N/F_Albert,Skxeekx F . Cullen , Jr. and N/F Estate of Mary F. _ Charles�with access-from Osgood Street . (See attached Plan . ) b) P� Ixaosxlalzap�xltxatxkhxfrR�:akaa� xixivex� xJX szxxtftxfxxyxtx�x) xwemtxtxtxgtdaxotxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx git ;c)OTxcixkram:axaQxhtmxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx c) Premises affected are in Zoning District R2- , anpothe premises affected have an area of 30 + stq&&EjRfsskxand/frontage VE xxxxxxxxxx other than access-from Osgood Street . 3. Ownership Not Applicable a) )DubmhYairKcxxaaiskxkda7casxvt(ex4thttA4txx $�x �imkxt�anexalaa�xxulaMexsi3x:u�mxx x)& �xxxxxx_xxxxxxxxxxxRxgyiOmsxownrxxxxxxxxxxxxxxxxxxxxx b') if applicant is not owner , check his/lies interest in the premises: X —Prospective Purchaser Lesee ----Other (explain) 4 . Size of proposed building: front; feet deep; Not Applicable _ ___ -- fieight_-- stories;_________feet . a) Approximate date of erection:----------------- b) ----------------b) Occupancy or use of each floor: c ) Type of construction:-------------------- --- -____-_----- ----_ --- 5 . size of existing building:___ feet Not feet front ;_____--feet deep;Applicable Hight —`stories;—_-_-- a ) Approximate date of erection:______---_- b) Occupancy or use of each floor ------ c ) loor :_`_-c ) Type of construction:---------------- - 6. onstruction: r_---______— ---- - 6. Has there been a previous appeal, under zoning, ca these premises? es If so when? September 105 1985 A y l 7 . Description of relief sought on this petition To grant a variance from the street frontage requirements as provided in Section 7 , par r a g r a`ph-"T�a'n cf=a-bTe 7:-------------- --------------------- 8 . Deed recorded in the Registry of Deeds in Book_ N/A Page Land Court Certificate No. _—`Book----Page _-`-- The principal points upon which I base my application are as follows: (must be stated in detail ) I intend to build a one family house on 30 acres , more or less , of the property that I have under agreement to purchase. In light pf the soil conditions , _slope andlor topograph�of_the land,_and _ especially a,ffectin such land but not affecting_.generally_the coning- district , S e e attached sheet ) . I agree to pay the filing fee, advertising in newspaper , and incidental expenses* ,lf Signature of P t net rsj 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 abuLters within three hundred feet ( 300 ' ) of the property tine of the petitioner as they appear on the most recent appAcable tax list, notwithstanding that the land of any such owner is !.ocated in another city or town, the Planning Board of the city or town, an ' the Planning Board of every abutting city or town. *Every application shall be submitted with an appli �!ation charge cost in the amount of $25.00. In addition, the petitioner ,hall be responsible for any and all costs involved in bringing the petiiion before the Board . Such casts shall .include mailing and publication by t are not necessarily limited to these . Every application shalt be submitted with a plan of land approved by the Board . No petition will be brought before the Board unless -said plan has been s'ubmitted'. 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 list of interested parties . (use additional sheets if necessary) PLAN OF LAND TO ACCOMPANY PETITION f:ach application and petition to the Board shal'i be accompanied by five ( 5) copies of the following described plan- The size of the plan shall be Li x 17, drawn t ) scale, L inch equals 40 feet ; it shall have a north point , nkmes of streets , zoning districts , names and addresses of ow—r. - of properties within a minimum of 200 feet of: the subject- pr+ -)erty, property lines and location of buildings on surrounding properties . The Location of buildings or use of the property wlicre. a variance is requested and distances from adjacent buildings and property Lines shall. be verified in the field and shown on the plan . The dimensions of the lot and the percentage of the lot covered by the principal and accessory buiLdings and the required parking spaces small be shown. Entrances , exits , driveways , etc. that are pertinent to the granting of the variance shall be shown . All proposed data shall be shown in red . Any topographical feature of the parcel of land relied upon for a variance , such as ledge , rock peat , or natural condition of water , :gook, or river , shall be shown on the engineering plan . When a variance is requested to subdivide a parcel of land , the dimen- sions and area of the surrounding lots may be U ken from the deed or lotting plan for comparison of the size of :he lots in the neighborhood , noted on the plan as such, and marked "approximate" . The plan shall be signed and bear the seal of a registered surveyor or engineer. . Any plans presented with the petition shall. remain a part of the records of the Board of Apr �als . [ f Living quarters are to be remodeled, or ar as are to be converted into living quarters , in addition I- , t'-te plot plan, five ( 5) copies of the following described plans shat be furnished: L .. A floor plan of each floor on which remodelii.g is to be done or areas converted into living quarters; 2. A floor plan showing the stairways , halls , doors opening into the halls , and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 1.1 x 17 or 17 x 2.2; it shall be drawn to scale, 1/4 inch equals one foot . AL1 plans and elevations presented with the petition shall remain a part of the records of the hoard of Appeals . I'br petitions requesting variation (s ) from the provisions of Section 7, Paragrpahs 7. 1 , 7. 2, 7. 3, and 7 .4 an,' Table 2 of the Zoning By Law for conveyance purposes only, a ptit pian, certified t>y a registered engineer or land surveyor , of t, c parcel of: land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1 . The dwelling(s ) , structure(s ) , or building(s ) were constructed prior to March 14, 1377 . 2. The petition is not to allow construction or alteration to the dwelling (s ) , structure(s ) , or building (s ) which will re- suLt in the need f.or the issuance of a building permit . 3. The size of the plan shall be no smatter than 13 1/2 x 1.1 inches and must show the existing area of the parcel , the existing setbacks of the and the >,s existingfrontage, g 9 dwelling(s ) , structure(s ) , or building(s ) being conveyed. 4. Proper space is provided on the plot plan for the Board ' s signatures , as well as adequate space for the following information: date of filing , date of publi(- hearing , and date of approval . ATTACHED SHEET .�Iu�ber 8 continued• a literal enforcement of the provisions of the Zoning By Law will involve substantial hardship, financial or otherwise, to the applicant, but the granting of this application for relief from the requirement of the Zoning By Law will neither be detrimental to the public good nor nullify or substantially derogate from the intent or purpose of the Zoning By Law. LL1 9 f w i ! Tn �4T V 1 }, M• INTEREUTED PARTIES 1. Michael L. Kettenbach 40 Coachman' s Lane North Andover, MA 01845 2. Estate of Mary F. Charles 156 Academy Road North Andover, MA 01842 3 . Albert F. Cullen 605 Osgood Street North Andover, MA 01842 4 . Boston University 755 Commonwealth Avenue Boston, MA 5 . William P. Rockwell 676 Osgood Street North Andover, MA 01842 6 . Trustees of Reservation 224 Adams Street Milton, MA 7. Samuel S. Rogers P.O. Box 111 North Andover, MA 01845 141r;c x,• ,j a ytl i It I 1 t Rd'ceiived; by Town Clerk : • s � :C r ij, FORM A + APKICATION FOR ENDORSEMENT OF PLAN BELJ4VED NOT TO REQUIRE APPROVAL it `_ APR C ! �- *51 190 To the Planning Board of the Town of North Andover : ` The undersigned wishes to record the accompanying plan and requests 'a determination 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 sub- division because every lot shown thereon has the amount of frontage , required by the North Andover Zoning By Law and is on a public way , namely , � �/� S4rlz;e�f , or a private way , namely , being land bounded as follows : 7 / yI/ / 1 { 2 . The division of land shown on the accompanying plan . is not a sub- division for the following reasons : i 3. Title reference North Essex Deeds, Book Page ; or Certificate of Title No . Registration Book o� ur5 07 �31d G-f Page APP c s g t e: ��, �r�< 6+c Owner ' s signature and address if not the applicant lL (J L ` (Print Name) j Applicant ' sAddre s : t ' Tel. No. �S ��__ } ; Received by Town Clerk : f ` Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not requireapprovalunder the Subdivision Control Law , and the appropriate endorsement has been made upon the same . m• ` v 2 . The North Andover Planning Board has determined that said plan shows a- subdivision , as defined by G . L . c . 41 , s . 81-L , and j}Y must. therefore be re-submitted to it for approval under the Subdivision Control Law . a Very truly yours , NORTH ANDOVER PLANNING BOARD By : ri -Date : y 14 �.. z rj t;J lO�gTM. o OFFICES OF: 4 Town of 120 Main Street APPEALS ;- ` �LNORTH ANDOVER North AnsMassachusetts1845 BUILDING f p,n CONSERVATION i - DIVISION OF (617)685-4775 HEALTH HOR-'� PLANNING PLi N&k & COMMUNITY DEVELOPMENT Mir 9 3 11 7 kN N.P. NELSON, DIRECTOR May 7, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main STreet North Andover, MA 01845 RE: PLAN OF LAND IN NO. ANDOVER, MASS. FOR MICHAEL KETTENBACK OSGOOD STREET FORM A DATED APRIL 20, 1987 Dear Mr. Long: At a meeting of the Planning Board on April 27, 1987, a motion was made by John Burke seconded by Michael Roberts in favor of endorsing the subject Form A Plan subject to the surround- ing landowners (Cullen & Rogers) submitting their property for Form A endorsement to show ownership of surrounding property. Vote: Michael Roberts, John Burke-in favor Paul Hedstrom-against Erich Nitzsche-abstained John Simons-not present. The motion failed for lack of a sitting majority. Sincerely, PLANNING BOARD dt'd Z1, *Xlw� Erich W. Nitzscla, Chairman /ns cc: Town Counsel M. Kettenback (Return receipt) (Please pick up plans in Planning Board Office) rl ''Recei,ve'd. by Town Clerk : �� C FORM A a : J ( r \r0tl DAH CI ` E. �,�•... APPLICATION FOR ENDORSEMENT OF PLAN ' HOP.`, „trL;: ,cR ; BELIEVED NOT TO RE UIRE APPROVAL , APR 54 37 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Bothat Theaundersignedlbelievest under tthatusuchiapprovai Control Law is not required .. is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by ,the North Andover 9 By or aapriivateand sway ,on anamely $public : way } namely , r l>��s�:��>!? r�.�> being land bounded as follows : i / r on the accompanying plan is not a sub- 2 . The division of land shown division for the following reasons : Book page or 3. Title reference North Essex Deeds , ' Registration Book Certificate of Title No . y Page (� �/ /40 / "v l7 /(, 4 ppC i s ; Ign tyre: Owner ' s signature and address if not the applicant : (Print Name) Applicant 's Address : Tel. No./)Q 4 / R1:Ci~it�ED "°R'" DANIEL LONG o� �4a 'F0,#N CLERK Ft . °a NDi?TIA t;HiIOVER up 12 1144b TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 12 , 1986 Petition Y82 -86 Michael L . Kettenbach 40 Coachman ' s Lane North Andover , MA 01845 Dear Mr . Kettenbach : The Board of Appeals held a public hearing on June 10 , 1986 on your request for reconsideration of your application for a variance on premises located on 30 acres bordering Lake- Cochichewick , On a motion made by Mr. Frizelle and seconded by Mr . Soule , the Board boted to DENY your request for reconsideration , there - fore the original denial of Petition #82-86 stands . Sincerely , Ink S"eri o , yr . , Chai rman k�t ' BOARD OF APPEALS /awt cc : Goldman & Curtis C . Foster , Building Inspector ` NORTH, R E CE17 �3 Ot,,,..:. .1Q R 1lANIEL �.1 X71 V', TOWN CLERK . NORTH ANDOVER s � • ;�sa 38 9 59 AN '86 AnyPP appeal shall be filed sACHU Within (?Q) days after the TOWN OF NORTH ANDOVER date of Ling Of this NOtICB MASSACHUSETTS in the Office of the 10W11, Clerk.,,.-�„"""�-- .. ._:,:: BOARD OF APPEALS May 30 , 1986 Michael L . Kettenbach Mr . Daniel Long , Town Clerk Osgood Street Town Office Building Petition #82-86 North Andover , MA 01845 Dear Mr . Long : The Board of Appeals held a public hearing on May 13 , 1986 upon the application of Michael L . Kettenbach requesting a variance of Section 7 , Paragraph 7 . 2 and Table 2 of the Zoning Bylaws sous to permit relief from street frontage requirements in order to build a one family house on 30 acres , more or less , of the property that is under pgreement to purchase . The following members were present and voting ; Frank Serio , Jr. , Chairman , Alfred Frizelle, Esq . , Vice-chairman , Augustine Nickerson , Clerk , William Sullivan and Walter Soule . The hearing was advertised in the Lawrence Eagle Tribune on March 24 and March 31 , 1986 and all abutters were notified by regular mail . The Board on a motion by Mr. Frizelle and seconded by Mr . Soulevoted that this petition is a new petition and not repeditive . Four members in favor and one opposed . Motion made by Mr . Frizelle and seconded by Mr. Soule to DENY this petition . Four members in favor , one opposed . The petition before thisBoardwas the subject of a previous petition relating to the same thirty acre parcel with access running across land of the grantor etal . The Board denied the prior petition which also reiquested other variances not the subject of this petition . In essence the prior petition was for a variation of the frontage requirements for alland locked thirty acre parcel . In this present petition the petitioners , who is party to a purchase agreement for the parcel , seeks a variance from the provision of Section 7 , Paragraph 7 .2 and Table 2 of the Zoning ByLaw. The parcel is located 7n Zone R-2 which requires a minimum street frontage of 150 ' . The parcel ,has zero feet frontage in a public way , Osgood Street . To overcome the lack of frontage , the petitioner seeks to rely upon a 50easement from thie 30 acre parcel across land of abutters to Osgood Street . The argument of the petitioner is that the easement is tantamount to a fee simple and therefore the parcel has frontage . Without the requested ri n e i able t use the land lacked parcel va, a c the. petitioner claims to be un o u P e for residential purposes.. The Board notes that petitioner testified that although he desires to construct only one dwelling , the agreement provides t Page 2 M'ichW L . Kettenbach (con ' d) for a restriction in the deed limiting the development of the land to eijght (8) dwellings . Counsel for the petitioner in support of his position cited the case of Paulding vs . Bruins , 470 NE 2nd 398 , where the Massachusetts Appeals Court found substantial hardship if a variance for frontage was not granted . The land in Paulding was a "porkchop" lot which had frontage on an existing way albeit not in accordance with the Zoning ByLaw of Plymouth . Before deciding the merits of this petition the Board must first decide whether the petition is a repetitive petition described in Section 10 .8 . After review of the plan submitted with this petition and the prior petition , the Board upon a motion duly made and seconded , voted four in favor , one opposed(Mr. Nickerson ) that the petition is not repetitive . The Board finds that the new plan shows a different access across a fifty foot easement which is sufficiently different to constitute a new petition . Further , the petitioner dropped his request for a variance from the watershed district requirements . Tulrning to the merits of the petition , the question is whether the Board should grant a variance from Section 7 .2 , Table 2 from the 150 ' minimum frontage requirement for a parcel of land which has zero frontage on a public way . Upon a motion duly made and seconded, the Board voted four in favor, one opposed(Mr . Serio) to deny the request for a variance . The Board finds that the land locked parcelofland in question was not such to warrant a finding of substantial hardship as set forth in Section 10 .4 of the Bylaw . The petitioner is not the owner of the property , but a prospective purchaser . The land could be used by the owner if necessary and could be subdivided if the owner wishes to do so . Irk further support of its decision , the Board reviewed .the case of the United States of America v. 176 . 10 Acres of land located in the Towns of Turo and Wellfleet , found at Cite as 558 Federal Supplement 1379(1983) . In brief summary , the United States District Court applying Massachusetts law found that under Chapter 40A of the General Laws , a Zoning Board of Appeals has no power to grant a variance from frontage for a parcel of land with zero frontage and an easement by necessity to a public way . Sincerely , Fran Se io , Jr . , h a i r BOARD 0 APPEALS AEF/awt k 3,•1'p'�'N!e RECEIVED DANIEL LONG t Y� A►�wT� X70TOWN CtFRK b feed �. teas ; NORTH ANDOVER Sha�� 2 aft,� the �ciiW d Nonce M,� 3D 9 �9 AN 486 MAI0l of this ix TOWN OF NORTH ANDOVER ,�It tip®I�vv\s o MASSACHUSU-is ��the Off,Ge. ,eeK. BOAItD OF APPEALS NOTICE OF DECISION Michael L . Kettenbach 40 Coachman ' s Lane Date . . . . .May. .30., . 1.986. . . . .. . . N . Andover, MA 01845 Petition Na. . .82­86. . . . . . . ... . . . . Date of Hearing. . Kay- •13•,. •19.86.. pgtitlon of . . . .Mi chae.l L. Ketten.bac.h . . Ptemises affected . .Land bordor.i.ng. .on. .La.ke,.Coc.hi c.hewi ck by N/F Boston University , N/F Albert F . Cullen , Jr. , and N/F Estate of ' Mary `F'. ­Charles w it Iteferring to the above tion for a variation from the req ' is of access from .Osgood S t . Section 7 , Paragraph7. 2 and Table 2 of the 0ning yLaw so as to permit . gran-ti ngof street frontage• -requi-rements - an-o•rder .ta .bui1d a. . one - fami•ly- -house- -on. .307 -aures•,• .More. •or. less -of• -the - p-reperty • t-hat. I h a v eAf a pu earing given on p r above date, the Board of Appeals voted to . . . bU K tee DENY:. ,< the variance . is nteellSXflI7�Xffi�Xt'�Yet . Motion made by Mr. Fr:izelle an eco_n ea y r . ou e a t is pe ition i,s . a. .ne.w: .peti.tion and not repeditive . Four members in favor and one opposed . if xtw*16sYdwa*ow*fx**Udiil6Xdt*R X""Ohuix&IlifM 9dlnaWOW Motion made by Mr. Frizeile and seconded by Mr. Soule to DENY this petition , four members in favor , one opposed . Signed eq Frank Seri"o,. Jr . , Gha.i.rman . . • • . .Al fred •Fr•i,ze.l•le., -Ttce,chatrman A u g.0 s t.i.n e. .N i.ck e.r.s on, . .C.l e.r.k W 1.1.i am S.u1.11.van . . . . . . . . . . . . W a l.ter. ..Sau l e. . . . . . . . . . . . . . . . . . Board of Appeah i _V ti y "ATTACHED SHEET" Further answer to 08: and further that owi:ng•.to circumstances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general , a literal enforcement of the provisions of this By Law will involve substantial hardship, financial or otherwise, to the applicant, and that the granting of this application for relief from the requirement of the Zoning By Law will not be detrimental to the public good and will not nullify or substantially derogate from the intent or purpose of this By Law. �S I -64- six SECTION 7 DIMENSIONAL REQUIREMENTS 7 .1 Lot Area Minimum lot areas for such uses in each district shad I!�� as set forth in Table 2, Summary of Dimensional Require- ments, which is hereby made part of this By-Law. IN 1 ) In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land on within the limits of a street upon which such lot abuts even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner i bounded in part by a segment of curved line not more th . seventy-five (75 ) feet in length connecting other lines bounding such lot which if extended would intersect, th area and frontage required in such lot shall- be compute and if such potentially intersecting lines were so extended; but if a curved line more than seventy-fi.ve (75) feet in length is the whole of any one boundary 1i of a lot, the minimum area and minimum frontage require shall be determined entirely within the lines bounding such lot, including such curved line. 2 ) No lot, upon which is then located any buildings o with respect to which a permit has been issued and is then outstanding for the erection of any building, shah be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street; frontage and yard space requirements of this By-law except as may be permitted otherwise by the provisions o` a variance granted by the Board of Appeals . If land b subdivided, conveyed, devised or otherwise transferred violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of sucl land and lots meet the requirements of this Zoning By Law. Any land taken by eminent domain or conveyed for public purpose for which the land could have been take shall not be deemed to be transferred in violation of tl provisions hereof. 7. 2 Street Frontage Minimum street frontage shall be as set forth in Table In no case shall actual street frontage at the street line be less than seventy-five (75 ) feet. Corner. .lots shall be required to have the required frontage only on one street. -65- 1 ) Minimum street frontage exceptions for larger lots : notwithstanding the above provisions, a lot in any residential. district need not have the specified amount of street frontage, provided that : a) The area of the lot exceeds by three ( 3 ) times the minimum lot area required for that district ; b The lot has a minimum continuous street frontage of not less that fifty ( 50 ) feet and a width of not less than fifty ( 50) feet at any point be- tween the street and the site of the dwelling; c) There is not more than one other such iot with frontage contiguous to it; and d) It is not so located as to block the possible future extension of a dead end street . e) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7 .2. 1 . ( 1985/16) 7 .3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps . Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R-4) District, where the setback from the side street shall be twenty (20) feet minimum. 7 .4 Building Heights Maximum heights of buildings and structures shall be as ' set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1 . Farm buildings on farms of not less than ten ( 10 ) acres. 2 . Nor shall they apply to chimneys, vent.il.ators, sky- lights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any building. 3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. -35- 4.133 Watershed District (1 ) Purpose: The Watershed District surrounding Lake Cochi.ch- ewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety, and welfare. (2 ) Prohibited Uses: a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials, underground steel storage tanks for petroleum products shall be prohibited . (1985/13 ) (3) Dimensions and No Build Requirements! a) Boundaries of the Watershed District are designated specifically on the certified North Andover Watershed Map, 1978, and are shown on the Zoning Map. These maps are hereby made a part of this By-Law and are on file in the office of the Town Clerk. b) When the Watershed District boundary divides a lot of record on June 26, 1978 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such Watershed District boundary, but only to an extent not more than one hundred ( 100 ) linear feet in depth (at a right angle to such boundary) into the lesserart b area p y ar of such lot so divided. c) A no-cut buffer zone shall exist one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochich- ewick and twenty-five (25) feet horizontally from the edge of all tributaries in the Watershed. d) No construction shall occur two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet 1 OL -36- horizontally from the edge of all tribu- taries. The intent herein is dimensional and the North Andover Board of Appeals shall grant variances upon a showing of substantial hardship owing to the soil. , shape or topography of the land, including the right to cross such tributaries. (1985/14) (4) Lake Cochichewick Preservation Amendment ( 1985/12 ) a) Notwithstanding anything contained in this bylaw to the contrary, no permits shall be issued for the construction of any new building, structure, road, or driveway or for earth removal , except for the proposed municipal water filtration plant, within the Watershed District for a period of three ( 3 ) years from the effective date of this amendment. b) This amendment shall not apply to any renovation, alteration, or addition to an existing building, structure, road, driveway, or any structure in agricultural or horticultural use. c) A use variance may be granted by the Board of Appeals for the issuance of a building permit within this three-year period but not for a use not otherwise allowed by the distrist regulations . 4.134 Flood Plain District (1 ) Flood Plain District The Flood Plain District is herein established as an overlay district . The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code in flood plains with constructionPtains and 9 the following additional requirements . The Flood Plain District includes all special flood hazard areas designated as Zone A, Al-30 on the North Andover Flood Insurance Rate Maps, (FIRM) , and the Flood Boundary and Floodway Maps, dated June 15 , 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. -67a- W` TABLE 2 SUMMA1tr OF DIMMUSIONAL REWIRRMBNTS Res. Res. Res Res. Res. Bus. Bus. Bus. Bus. Gena Ind. Ind. Ind. Ind. 1 2 3 4 567 1 27 3 4 Bus. 1 2 3 S Lot Area- 65,340 43,560 25,000 12,500 43,5605 25,000 25,000 120,000 80,000 25,000 80,000 80,000 435,600 50,000 Min. S.F. Height 35 35 35 35 35 35 35 35 60 45 55 55 55 55 Maximum (ft.) Street Fron- 175 150 125 100 150 125 125 300 200 125 1S0 150 150 150 tags-Minimum (ft.) Front Set- 30 30 30 308 30 30 25 100 50 25 50 50 10010 30 back Minimum (ft.) Side Set- 30 30 20 15 25 202 252 503 503 252 503 503 20010 202 back Minimum (ft.) Rear Set- 30 30 30 30 30 302 302 503 50 352 503 503 20010 302 back Minimum (ft.) Floor Area N/A N/A N/A N/A 0.75:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A 0.50:1 0.50:1 0.50:1 0.50:1 Ratio-Maximum Lot Coverage N/A N/A N/A N/A 208 308 358 303 258 353 358 358 35311 358 Maximum Dwelling Unit N/A N/A N/A N/A Multi-family12 N/A N/A N/A N/A N/A N/A N/A N/A N/A Density-Maxi- Townhouses? mum/acre ,ONTO, ECEIVED ARIEL L016 /ORTH M CLERK ,-�� ranL ++ ANDOVER 0 +s 6o 0 s��NI a a � o r a No TOWN OF NORTH ANDOVER J,vo MASSACHUSETTS BOARD OF APPEALS September 24 , 1985 Mr. Daniel LongMichael L. Kettenbach Town Office Building Land bordering Lake Cochichewick North Andover, MA 01845 Petition #51-8> Dear Mr. Long: The Board of Appeals held a public hearing on Tuesday, September 10 , 1985 upon the application of Michael L. Kettenbach. The hearing was advertised in the North Andover Citizen on August 22 and August 29 , 1985 and all abutters were notified by regular mail. The following members were present and voting: Chairman Frank Serio, Jr. , Vice Chairman Alfred E. Frizelle, Esq. , Clerk Augustine W. Nickerson , William J Sullivan and Walter F. Soule. The petitioner seeks a variance ,for, the street" frontage because-the parcel is Landlocked. Further, a desires to locate a dwelling within -- the Watershed District and requ4ts a variance to do so . This single- family dwe-ling would be on a 30 acre parcel of land off Osgood Street abutting Lake Cochichewick. The Board, upon motion by Mr. Frizelle and seconded by Mr , Sullivan, voted to DENY the variance requested for Section 7f fSerioParagraph did n7 . 2 , Table 2 and Section 4 , Paragraph 4 .133 (4) . Member ot vote to deny. The Board finds that the petitioner did not satisfy the requirements of Section 10. 4 as to either section of the BuLaw for which he requested a variance. in particular the 30 acre parcel is a portion of a greater parcel which the owner of record submitted plans to the Planning Board for a subdivision. The landlocked parcel in question would be part of' the subdivision and the fact that the parcel does not have frontage is not of sufficent hardship to a prospective pruchaser. Since there is no hardship shown as to Section 7 .2 , the Board finds likewise that there is no statutary hardship reason to allow construction of a dwelling within the Watershed District. Sincerely , BOARD OF APPEALS Vi4 J Frank Serio, Jr Chairman /aw t IWL RECEINIED DANIU LDNG ,,,,,IL," .;e ToWtf CLFRK lads ;'• NDRTH ANDOVER ��i•„u,`� SEP 24 i o6 PS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS the wit"inof this Notice ( NOTICE OF DECISION date of filing In the Offl,ice of the. :rown Clerk. - Date . .September. .1.7., . 19 85 • . Petition No.. . . . .#5.17-B5. . . . . . . . . Date of Hearing. .September. 10 , 1985 Petition of . Michael L. Kettenbach Premises affected Bordering on Lake . . . . . Cochichewick ( in. .watershed. . .area. .) . . . . . . . . . . . . . . . . . . . . . . . . . . . Ref to the titi fo a aria on from the uirement�of. Section 7 , Paragrap �J. z anc ale o tieonang Byws ancC with respect 'to 'the building moratorium under the Water Shed District Temporary Growth Lim�.tation Section 4',' paragraph 4':133 (4•) eb as to permit . . to.b•ui fid. one. house. .on. . O. .�Cxes.,. .moe• .(?:p. •less,• with, no• contamination of any sort to Lake Cochichewick . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .DENY• • • • . : the N' Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . fdC k[�K]d ifirhi4ti YlQti B� '�xi'f i;� Motion made by Mr. Frizelle and seconded by Mr. Sullivan to deny variance . x)qi#mx . .Votlting .to deny:. . . Mr.. .Frizelle.,. .Mx. . and Mr. Nickerson. Abstained: Mr. Serio. for the construction of the above work, based upon the following conditions: The Board finds that the petitioner did not satisfy the requirements of Section 10 .4 as to either section of the Bylaw which he requested a variance . In particular the 30 acre parcel is a portion of a greater parcel which the owner of record submitted plans to the Planning Board for a subdivision. The landlocked parcel in question would be part of the subdivision and the fact that the parcel does not hale fedrontageFraSnot oto of r u Chairmant hardship (continued on Page 2) Alfred•E•.• •F.r•izelle , • Esq . , V: ce Chr. • • • • • • • •Augustine • W. •N•ickerson•,. .Clerk • • • • • • • • •Wi•lli•am• d: • •Su•1•livan• • • • • • • • • • • • • •Walte;r •F•:.• Soule • . • • • • • • . . . . . . . . . . . . . . . . Board of Appeals T . ^ Page 2 . 14iehael L. Kettenbach Land bordering Lake to a prospective 'purchaser. Since 'ther is no hardship shown as to Section 7.2 , the Board finds likewise that there is no statutary hardship reason to allow construction of a dwelling with the Water,- shed District. BOARD OF APPEALS Frank Serio, Jr. Chairman _ /awt ^ 4 GOLDMAN & CURTIS ATTORNEYS AND COUNSELLORS AT LAW EST.1913 FOURTH FLOOR. LOWELL PLACE FRANK GOLDMAN [logo 19651 144 MERRIMACK STREET ROBERT W GOLDMAN TELEPHONES JAMES T.CURTIS LOWELL. MASSACHUSETTS 01852 454-8604 CORNELIA C.ADAM$ BOSTON NO. -- 729.2625 RONALD I. BELL CHRISTOS M. MANI$ October 11, 1985 ROBERTA A.SCHREIBER KAREN R.SAVRANSKY BY HAND - AC GREGORY T.CURTIS OF COUNSEL T EFTHEMIOS J.BENTAS ' JAMES D. LATHAM z 14C .. k=j''I°tG rn Civil Clerk en7cp� Essex Superior Court �0 Superior Court House * 34 Federal Street Salem, MA 01970 Re: Kettenbach v. Board of Appeals of the Town of North Andover, et al. Dear Sir/Madam: Enclosed please find the Complaint in the above matter, the Civil Action Cover Sheet and a check for $55.00 to cover the filing fees. Kindly file and docket the same. Thank you- for your cooperation in this matter . Very truly yours, GOLDMAN & CURTIS eov� l � Carolyn L. Greenberg CLG/seh Encl. cc: Town Clerk, Town of North Andover Michael L. Kettenbach TYPE OR USE BALL POINT PEN—BEAR DOWN FIRMLY MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT Essex CIVIL ACTION COVER SHEET (To be filed with each Complaint) NO. PLAINTIFF(S) DE ND N (S oax�dT of Appeals of the Town Michael L. Kettenbach of North Andover, et al . ATTORNEY(S) (Firm Name, Address,Tel.) James T. Curtis ATTORNEY(S) (If known) GOLDMAN & CURTIS , 144 Merrimack St . , Lowell , MA (617) 454-8804 Beo # Place an 0 in one box only ORIGIN YV p ;Erne") N 1. F01 Complaint E] 4. F04 Dist. Cf.Appeal c.231,s.97 Q T�r"ITI ❑ 2. F02 Removal to Sup. Ct.c.231,s.104 ❑ 5. F05 Reactivated after Rescript; Relief Y q Ttp rn ❑ 3. F03 Retransfer to Sup. Cf.c.231,s.102C from judgment/order (Mass. R. Civ. P.60) tzV=n mRca 410 v7 Place an Z in,onebox only NATURE OF ACTION CONTRACT REAL PROPERTY MISCELLANEOUS ❑ A01 Services, labor and materials ❑ C01 Land taking (eminent domain) ❑ E02 Appeal from administrative agency, ❑ A02 Goods sold and delivered & CO2 Zoning appeal,G.L. c.40A G.L. c.30A ❑ A03 Commercial paper ❑ CO3 Dispute concerning title ❑ E03 Action against Commonwealth or 58 ❑ A08 Sale or lease of real estate E] C04 Foreclosure of mortgage Municipality, G.L. E] A99 Other(specify) E] C99 Other(specify) E] E04 Taxpayer suit, G.L.cc.4.40 s.53 ❑ E05 Confirmation of arbitration awards, G.L.c.251 TORT EQUITABLE REMEDIES ❑ E06 Massachusetts Antitrust Act, ❑ B03 Motor vehicle negligence-personal ❑ D01 Specific performance of contract G.L. c.93 injury/property damage ❑ E08 Appointment of receiver ❑ B04 Other negligence-personal Injury ❑ D02 Reach and apply,G.L. c.214, ❑ E09 General contractor's surety bond, property damage s.3(6)-(9) G.L.c.149,ss.29,29a ❑ B05 Products liability ❑ D06 Contribution or Indemnification ❑ E10 Summary process appeal ❑ B06 Malpractice-medical ❑ D07 Imposition of trust ❑ E11 Workman's Compensation ❑ B07 Malpract(ce-other ❑ D08 Minority stockholder's suit ❑ E12 Small Claims Appeal (specify) ❑ D10 Accounting ❑ E13 Labor Dispute ❑ B08 Wrongful death, G.L.c.229,s.2A ❑ D12 Dissolution of partnership ❑ E14 Chapter 123A Petition —SDP ❑ B15 Defamation (libel-slander) ❑ D13 Declaratory judgment, G.L. c.231A ❑ E15 Abuse Petition, G.L, c.209A ❑ B99 Other(specify) ❑ D99 Other(specify) — ❑ E16 Auto Surcharge Appeal ❑ E17 Civil Rights Act, G.L.02,ss.11 H-1 IS THIS A JURY CASE? Ll YES [3 E99 Other(specify) SUPERIOR COURT RULE 29. Requirement of statement as to money damages to prevent the transfer of civil actions to District or Municipal Court Departments. 1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse side be completed. 2. Failure to complete t e statement,where appropriate, will result in transfer of this action (Superior Court Rule 29(2). SIGNATURE T RNEY OF O t DATE: 10/11/85 (OFFICE UBE NL B IS RECEIVED SPOSITION BY: ant En red B. No Judgment Entered DATE: 1. B jury trial or non-jury hearing ❑ 6. Transferred to District Court DISP ENTERED uring jury trial or non-jury hearing under G.L.x231,s102C ❑ 3. After jury verdict BY: C1 4. After court finding DATE: la S. After post trial motion Disposition date CLERK'S OFFICE COPY mtc003-07/84 COMMONWEALTH OF MASSACHUSETTS ESSEX ' SS Superior Court Department Statement of Damages Pursuant to Superior Court Rule 29 To Prevent Transfer to District or Municipal Court Departments o (Applicable to Civil Actions) .r, r 1. This action is not subject to Rule 29 Remand for the following reason(s): (concise statement as:to why this action is not remandable, e.g., party seeking equitable relief, declaratory ji.5gment, action against commonwealth or municipality,etc.) TW s action is not subject to Rule 29 Remand in that it is a78oning appeal against the Board of Appeals of the Town of North Andover for equitable and declaratory relief and not for money damages . 2. This action is subject to Superior Court Rule 29 and the following detailed statement pursu- ant to Rule 29 sets forth the facts in full and itemized detail upon which the plaintiff relies as constituting the damages in this action: (if tort action, for example, specify doctors' bills, hospital bills, out of pocket expenses, etc. that would warrant a reasonable likelihood that recovery will exceed $7,500.) (if contract action, state with particularity damages which would warrant a reasonable likelihood that recovery will exceed$7,500.) I .... �.. .. .. .. e) si o record or pro RECEIVE© au �iANIEL LONG COMM1l OWN CLERK SUPERIOR COURT NORTH ANDOVER ESSEX, ss. CIVIL ACTION NO. OCT 11 12 07 PH '85 MICHAEL L. KETTENBACH, �1tpr.AINT Pl ai nti f f ) v. ) PLAINTIFF'S APPEAL BOARD OF APPEALS OF THE TOWN OF NORTH ) TO ANNUL THE DECISION ANDOVER; FRANK SERIO, JR. , INDIVIDUALLY ) OF THE BOARD OF APPEALS AND AS CHAIRMAN OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ) OF ;THE TOWN OF NORTH ANDOVER; ALFRED E. ) ANDOVER, PURSUANT TO FRrZELLE, INDIVIDUALLY AND AS VICE ) M.G.L. CHAPTER 40A SECTION 17 CHAIRMAN OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER; AUGUSTINE W. NICKERSON, INDIVIDUALLY AND AS CLERK OF ) THE BOARD OF APPEALS OF THE TOWN OF NORTH ) ANDOVER; WILLIAM J. SULLIVAN, INDIVIDUALLY ) AND AS A MEMBER OF THE BOARD OF APPEALS OF ) THE TOWN OF NORTH ANDOVER, AND WALTER F. ) SOULE, INDIVIDUALLY AND AS A MEMBER OF THE ) BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER, ) Defendants I. ARm 1 . The Plaintiff Michael L. Kettenbach resides at 40 Coachman' s Lane, North Andover, Essex County, Massachusetts. The Plaintiff is a "party in interest" as that term is defined in Mass. Gen. Laws Ch. 40A, Sec. 11 . 2 . The Defendant Board of Appeals of the Town of North Andover (hereinafter referred to as the "Board") consists of five members who, inter AliA, hear and render decisions on requests for variances from the requirements of the Zoning By-Laws of the Town of North Andover. 3 . The Defendant Frank Serio, Jr. resides at 250 Hillside Road, North Andover, Essex County, Massachusetts 01845 and is the Chairman and a member of the Defendant 1 Board. 4 . The Defendant Alfred E. Frizelle resides at 131 Appleton Street North Andover, Essex County, Massachusetts �.eto 01845 and is the Vice Chairman and a member of the Defendant Board. 5 . The Defendant Augustine W. Nickerson resides at 100 Moody Street, North Andover, Essex County, Massachusetts 01845 and is the Clerk and a member of the Defendant Board. 6 . The Defendant William J. Sullivan resides at 405 Salem Street, North Andover, Essex County, Massachusetts 018+45 and is a member of the Defendant Board. 7 . The Defendant Walter F. Soule resides at 70 Raleigh Tavern Lane, North Andover, Essex County, Massachusetts -01845 and is a member of the Defendant Board. FACT B . On or about July 17 , 1985 , the Plaintiff entered into a Purchase and Sale Agreement with Samuel S. Rogers, individually and George M. Naylor, Jr. , and Shelley D. Vincent, III as Trustees under Indenture of Trust dated May 8 , 1980 , for the purchase of land in North Andover and shown as Lots 21-29 on the plan entitled "Edgewood Farm, North Andover, Massachusetts" and dated April 180, 1985 and more particularly described in a deed of First National Bank of Boston, Trustee, to Samuel Stevens Rogers recorded at the Essex North Registry of Deeds in Book 1948, Page 170 and a deed of Caroline S. Rogers to George M. Naylor, Jr. and Shelley D. Vincent, III, Trustees recorded at said Registry of Deeds in Book 1940 , Page 81 . 2 9. Said Lots 21-29 combined (hereinafter referred to as the "Property") contain thirty acres, more or less, which boder Lake Coch ichewick and which have no street frontage other than access to Osgood Street via Edgehill Road and Pond Pasture Road. 10 . Under the Zoning By-Laws of the Town of North Andover, said property is in a zoning district (R-2) zoned, P a +a, for single family dwellings. ,�, Zoning By-Laws SLS the Town of North Andover, Section 4 .121 . The pertinent dimensional requirement for building on property in all R-2 zoning districts is: 150 feet, minimum street frontage. See Zoning By Laws of the Town of North_Andover, Section 71 Paragraph 7 .2 , and Table. 2 . 11 . Under the Zoning By-Laws of the Town of North Andover, part of said property is within the Watershed District. Gee Zoning Bvf!!Taws of The Town of North Andover, Section 4 , Paragraph 4 .133 . 12. On or about August 19, 1985 , the Plaintiff applied to the Defendant Board for a variance to build a single family dwelling on said property. The application requests a variance from the minimum 150 foot frontage requirement, Section 7, Paragraphs 7.2 and Table 2 , surra, and from the requirements of Section 4 , Paragraph 4 .133 Supra. Copies of the application, and Section 7, Paragraph 7 .2 and Table 2 , and Section 4 , Paragraph 4 .133 , are annexed hereto as Exhibits "A", "B" and "C" respectively and are incorporated herein by reference. 13 . Thereafter, the Plaintiff' s application for a 3 variance was properly advertised and notice of public hearing was mailed by the Defendant Board, as required, to various abutting owners. 14. On or about September 10 , 1985 , pursuant to said notice, the Defendant Board held a public hearing concerning the Plaintiff' s application for a variance. Defendants Serio, Frizelle, Nickerson, Sullivan and Soule were present at said hearing. 15. In a decision dated September 24, 1985 and filed with the Office of The Town Clerk of the Town of North Andover on September 241, 1985 , the Defendant Board voted to deny the Plaintiff' s application for a variance. A certified copy of said decision is annexed hereto as Exhibit "D" and incorporated herein by reference. 16 . The findings reached by the Defendant Board in its decision filed with the Town Clerk on September 24 , 1985 are insufficient in law to warrant the denial of the variance requested by the Plaintiff under the provisions of M. G. L. Chapter 40A, Section 15 and 17 . 17 . Many of the lots in the neighborhood of the property contain the required amount of street frontage. The Plaintiff requested a variance for the property so that he could construct one single-family home thereon and occupy the same. Without the relief requested, the Plaintiff will be denied the use of the property for residential purposes and will be forced to suffer a severe and substantial hardship. The shape, location and other conditions of the property which especially affect the property only, are such that the 4 Plaintiff will never be able to construct a residence thereon without a variance from Section 71 Paragraph 7 .2 and Table 2 of the Zoning By-Laws. 18. The desired relief can be granted to the Plaintiff without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Zoning By-Laws. 19. The purported decision of the Defendant Board is based on legally untenable grounds and is unreasonable, whimsical, capricious and arbitrary. 20 . By reason of the foregoing, the purported decision of the Defendant Board exceeds the powers and authority of said Defendant Board, constitutes an abuse of its discretion and must be annulled. TTT PRAYERS FOR RELIEF WHEREFORE, THE PLAINTIFF DEMANDS : (a) That the findings and decision of the Defendant Board of Appeals of the Town of North Andover filed on September 24 , 1985 denying the Plaintiff' s Application for a Variance as heretofore described, be annulled, and that an order issue to this effect; (b) That a decision enter ordering the Defendant Board to grant the Plaintiff the Variance requested; (c) That, pursuant to the provisions of M.G. L. Chapter 231A, this Honorable Court determine that an actual controversy cognizant under Chapter 231A 5 exists and that an order enter declaring the rights of the parties under M. G. L. Chapter 40 A, Sections 6, 15 and 17; and (d) That this Honorable Court award such other relief as justice and equity may require. MICHAEL L. KETTENBACH, By his Attorneys, GOLDMAN & CURTIS By: am s T Curtis Carolyn L. Greenberg DATED: OCTOBER,!{, 1985 6 farcrH DANCE RECEIVED LONG %�z'��,,, �' TOWN CLERK 4 iaas NORTH ANDOVER 106 TOWN OF NORTH ANDOVER MASSACHUSETTS r Z :�t or the NOTICE OF DECISION date of filing of tnis Notice in the office of the_ jown Clerk. - Date . .September .17, . 1,9 85. . . Petition No.. . . . .#5.1-.85. . . . . . . . . Date of Hearing. .September. 10 , 1985 Michael L. Kettenbach Petitionof . . . . . . . . . . I . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . P"misee affected Bordering on Lake Cochichewick ( in watershed area} the ti �r a �n from a uireat ot. Section 7 , ParagraR perring an� a of t eZoningyws ana' the respect to 'the building moratorium under the Water Shed District Temporary Growth . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation' Section '4',' 'paragraph' 4':1'33'(4) . . ' . soas to permit . . .to.j:kUjld. one. :houSe. .Qn. . Q. .acres.,. .more. .gr. .1es•s, with, AQ,. contamination of any sort to Lake Cochichewick. . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals voted to .DENY. . . . . : the Variance. . . . . . . . . . . . . UXIMIKAIR90M ad" Motion made by Mr. Frize:lle and seconded by Mr. Sullivan to deny variance. XXPNfiW)WX . .V.otting .to deny.:. . .Mr,. .Frizelle.,. .Kr. . Sullivan,. .1tr.•. .Soule . . and Mr. Nickerson. Abstained: Mr. Serio. for the construction of the above work, based upon the following conditions: The Board finds that the petitioner did not satisfy the requirements of Section 10 .4 as to either section of the Bylaw which he requested a variance. In particular the 30 acre parcel is a portion of a greater parcel which the owner of record submitted plans to the Planning Board for a subdivision. The landlocked parcel in question would be part of the subdivision and the fact that the parcel does not ha Vighle ontage is not of sufficent hardship (continued on Page 2) edr Frank Serio, Jr, Chairman Al•fred •E.. •F•r•izelle,• Eaq-., Vice Chr. • .. • . • • •Augus-tine •w •Ni:Eketson•,• -Clerk . . . • • • •Wi•1•li•am• J: • Sul•1•ivan. . • • • . • •Walte•r•F•v.•Soule • • . . . . • • • • . . . . . . . . . . . . . . . . Board of Appeals Page 2 Michael L. Kettenbach , Land bordering Lake to a prospective purchaser. Since they is no hardship shown as to Section 7. 2 , the Board finds likewise that there is no statutary hardship reason to allow construction of a dwelling with the Water- shed District. BOARD SOF.' APPEALS Frank Serio, Jr". Chairman /awt poRTl/, RECEIVED DANIEL LONG TOWN CLERK e F A NORTH ANDOVER Pr a s Hu TOWN OF NORTH ANDOVER O aQP MASSACHUSETTS v BOARD OF APPEALS September 24, 1985 Mr. Daniel Long Michael L. Kettenbach Town Office Building Land bordering Lake Cochichewick North Andover , MA 01845 Petition #51=85 Dear Mr. Long: The Board of Appeals held a public hearing on Tuesday, September 10 , 1905 upon the application of Michael L. Kettenbach. The hearing was advertised in the North Andover Citizen on August 22 and August. 29 , 1985 and all abutters were notified by regular mail. The following members were present and voting; Chairman Frank Serio, Jr.,, Vice Chairman Alfred E. Frizelle, Esq. , Clerk Augustine W. Nickerson, William J Sullivan and Walter F. Soule. The petitioner seeks a variance ;fortthe street'.frontage because the parcel is landlocked. Further, $ a desires to locate a dwelling within the Watershed District and requ4is a variance to do so, This' single- family dwe-ling would be on a 30 acre parcel of land off Osgood Street abutting Lake Cochichewick. The Board, upon motion by Mr. Frizelle and seconded by Mr, Sullivans voted to DENY the variance requested for Section 7{ Paragraph 7 .21 ` Table 2 and Section 4, Paragraph 4 . 133 (41 .. Member Serio did not . vote to deny. The Board finds that the petitioner did not satisfy the requirements of Section 10. 4 as to either section of the BuLaw for which. he requested a variance. In particular the 30 acre parcel is a portion of a greater parcel which the owner of record submitted plans to the Planning Board for a subdivision. The landlocked parcel in question would be part of the subdivision and the fact that the parcel does not have frontage is not of sufficent hardship to a prospective pruchaser. Since there is no hardship shown as to Section 7.2 , the Board finds likewise that there is no statutary hardship reason to allow construction of a dwelling within the Watershed District. Sincerely, BOARD OF APPEALS Frank Serio, J� Chairman /awt