HomeMy WebLinkAboutNIEBURGER, EDWARD r 1 tJ� �� 111U �U�� IJ
TOWN OF N011TIl ANDOVER
M A S S A C U U SETTS
AM app"I shall be filed ......�
Athln`20,days after the *SAC HUSEt
date of filing of this Notice
Inftoffice ofthe Town NOTICE OF DECISION
Clerk.
Date. . . . . 29,• 1991. . . . . . . . . . . . . . .
May 16, 1991
Date of Hearing . . . . . . . . . . . . . . . . .
Petition of . Edward
. . .Gayle Niebuge
. . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
476
Premises affected • . . . . . . . eat Pond.Road. . • . • • • . . . • . • • . . . . .
Referring to the above petition for a special permit from the requirements
Of the North Andover Zoning B�rlaw•� .Section 4.136, •Para.• 5b -• Watershed District
. . . . . . . . . . . . . • . . . . . P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regrading within the 250' buffer zone of Lake Cochickewick around the
so as to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
foundation of a proposed new house outside the 250' buffer zone and construction of
' 'tjt�dl�y 's'et�eY' tb'b�tis'�iricf "'Votth44" 'td -1h dposba-pumping •sys'te'm' on'Lot-5 'arid • •
associated grading within 1001 buffer zone of wetland resource area within the Watershed
After a public hearing given on the above date, the Planning Board voted
Conditionally
toApprvved. . . . . . . .the . . .SBQqiA. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
CC: Director of Public Works Signed A'4
Board of Public Works
George•Perna,•- Jr;f•Chairnlala�q�
Highway Surveyor
Building Inspector John Simons, Clerk
Board of Health
Conservation Commission John Draper
Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Chief Joseph Mahoney
Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicant
Engineer Richard Nardella
. • • • . , • S , • , • • • •
Interested Parties, File . . . • . .Mallnin g 130ard
TOWN OF NORTH ANDOVER
X A S S A C U U S E T T S
o� O7" iaY 33
p o
L � n
a �
Any appeal shalla,....:.:.. y
be filed 'S=,���Sf`
within (20) days after the
date of filing of this Notice NOTICE OF DECISION
In the Office of the Town
Clerk.
Date. .29,. 1991. . . . . . . . . . . . . .
May 16, 1991
Date of(tearing . . . . . . . . . . . . . . . .
Petition ofEdward & Gavle Nieburger
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , .
Premises affected , 4?6.Great Pond. Road
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the North Andover Zoning, Bylaw - ��ctiop, �Q j - ,CQnY0.oSL PFIY��Jdy. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
SO &9 to permit , , , the.construct.. . ...ofaiappv-%9g.tp.tWa .(.2.). lots.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
t0 Approve the Special Permit , , . . . , . , ,
. . . . . . . . . . .
based upon the following conditions:
dc: Director of Public Works Signed
Board of Public Works
Highway Surveyor George Perna: Jt:� Chai [h• ,
Building Inspector . . " . . . . . . . . . . . . . . .
Board of Health John Simons, Clerk
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessors John Draper
Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Chief Joseph Mahoney
Applicant .
Engineer Richard Nardella
Interested Parties, File . . . . . . .
'15Lanning. . I3oarci
KAREN H.P.NELSON
Town of 120 Main Street, 01845
� a�
eBUILDING
NORTH ANDOVER (508) 682-6483
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
May 28, 1991
Mr. Daniel Long,
Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845 Re: Special Permits -
476 Great Pond
Road - Watershed
District & Common
Driveway
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 28, 1991 in the Town Hall , Selectmen' s Meeting Room on the
application of Edward and Gayle Nieburger, 476 Great Pond Road,
North Andover, requesting a Special Permit in the Lake Cochickewick
Watershed Protection District under the provisions of Section
4 . 136 , Para 5b of the North Andover Zoning Bylaws. The public
hearing was duly advertised in the North Andover Citizen on March
13 and March 20, 1991 and all parties of interest were properly
notified. The following members were present: George Perna,
Chairman, John Draper and Joseph Mahoney.
The petitioner is seeking a Special Permit for regrading
within the 250' buffer zone of lake Cochickewick around the
foundation of a proposed single family home located outside the
250 ' buffer zone of the Lake Cochickewick Watershed District. The
premises affected is located on the east side of Great Pond Road,
known as 476 Great Pond Road in a Residential-1 (R-1 ) Zoning
District, also in the Watershed Protection District.
Joseph Mahoney, Acting Clerk, read the legal notice to open
the public hearing. A motion was made by Joseph Mahoney to
continue the public hearing to April 11 , 1991 , due to the lack of
a quorum. The motion was seconded by John Draper and voted
unanimously by those present.
On April 11 , 1991 , the Planning Board continued the public
hearing with regard to the application of Ed & Gayle Nieburger for
a Special Permit in the Watershed Protection District.
Christian Huntress , Town Planner, stated that the Technical
Review Committee has minor concerns with the application. The
Division of Public Works is concerned with the design of the sewer
tie in to Great Pond Road. The sewer connection shall be gravity
fed out to the proposed structure to a forced pump located behind
the existing cottage . The sewer line shall run across the property
of N/F Walter Saxe and the applicant shall be required to secure a
written easement across said property.
Page 2 :
George Perna asked if the forced pump could be redirected or
relocated so as to be outside of 100 ' from the tributary to the
lake . Christian Huntress stated due to topography of the lot and
elevation of the proposed dwelling, the proper location of the pump
was shown on the plans.
Christian Huntress further stated that the applicant has filed
a request for a Special Permit to construct a common driveway to
service both lots. That Special Permit shall be opened on April
18, 1991 .
A motion was made by Richard Nardella, seconded by Joseph
Mahoney, the Planning Board voted to continue the public hearing to
April 18, 1991 .
On April 18, 1991 , the Planning Board opened the public
hearing on the Special Permit for the Common Driveway application.
John Simons read the legal notice to open that hearing.
The petitioner is requesting was requesting a Special Permit
for the construction of a common driveway to gain access to two
lots. The premises affected are Lot 5 and Lot 6 , 476 Great Pond
Road .
Christian Huntress, Town Planner stated that the granting of
a Special Permit for a Common Driveway shall eliminate unnecessary
construction within the Watershed District. The applicant intends
to hold both properties under one ownership but due to the
requirements of the Zoning Bylaws, had to split the property into
two lots. The common driveway will allow the property to remain as
an estate rather than two separate properties.
Christian Huntress further stated that the applicant is still
awaiting an easement from Walter Saxe for the extension of the
sewer line and asked the Board to wait upon granting of the Special
Permits until the easement had been secured.
A motion was made by John Draper to continue the public
hearing on the common driveway as there were issued that still
needed to be addressed. The motion was seconded by Joseph Mahoney
and voted unanimously by those present. A motion was made by John
Draper to continue the public hearing on the Special Permit for the
Watershed District. The motion was seconded by Joseph Mahoney and
voted unanimously by those present.
On April 25, 1991 the Planning Board held a regular meeting.
Christian Huntress, Town Planner, stated that he was waiting
for an easement from the applicant. He asked that the Board
continue the hearing to the May 16 , 1991 meeting. A motion was
made by Joseph Mahoney and seconded by Richard Nardella to continue
the public hearing to May 16, 1991 . The vote was unanimous of
those present.
On May 16 , 1991 , the Planning Board continued both public
hearings for the Special Permits for the Lake Cochickewick
Watershed Protection District and for a common driveway.
Page 3 :
Copies of draft decisions were given to the Board members.
John Simons expressed his feelings about being consistent with
Special Permits within the Watershed District. He stated that in
d not be an building within the Watershed,
this case there would Y
h
only grading which is for a future sewer. Members of the Planning
Board were in agreement and expressed the need for sewers within
the Watershed Protection District.
Mr. Nieburger is trying to obtain an easement from his
neighbor.
A motion was made by John Simons to approve the Special Permit
for regrading within the Watershed Protection District for the
property at 476 Great Pond Road, Lots 5 and 6 . The motion was
seconded by Joseph Mahoney and voted unanimous by those present.
A motion was made by John Simons to approve the common
driveway special permit for Lots 5 and 6 at 476 Great Pond Road.
Christian Huntress brought the Board' s attention to the Fire
Chief ' s recommendations on the size of the stone bounds being 8"x8"
and not 12"x12" .
The motion was seconded by Richard Nardella and voted
unanimously by those present.
Attached are conditions which were placed on both Special
Permits.
Sincerely,
PLANNING BOARD
Ge� D• Perna, Jr. ,��
Chairman
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Conservation Commission
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
EDWARD AND GAYLE NEIBURGER
476 GREAT POND ROAD
LOTS 5 AND 6
SPECIAL PERMIT FOR REGRADING WITHIN
THE WATERSHED PROTECTION DISTRICT.
ZONING BYLAW, SECTION 4.135
FINDINGS OF FACT:
The Planning Board makes the following findings regarding this
Special Permit as required by section 4.135 of the Zoning Bylaws:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided.
3. The applicant has met the requirements of the Town for a
Special Permit as stated in Section 4 . 135 of the Zoning
Bylaw.
4. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
5. This application for construction within the Watershed
Protection District, Section 4. 135 of the North Andover
Zoning Bylaw, was specifically granted for regrading within
the Non-disturbance Zone to Lake Cochichiwick. The Planning
Board has determined that the regrading and sewer
improvements associated with this Special Permit will reduce
the potential for contamination to the town's drinking water
supply.
The Planning Board finds under Section 4. 135 of the Zoning Bylaw
that the proposed site plan generally complies with the Town
Bylaw requirements but requires minor conditions in order to be
completely in compliance with Town Bylaws.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. This decision shall be filed with the North Essex Registry
of Deeds. Included as part of this decision are the
following plans:
Plans entitled: Site Plan of Land
in North Andover, Mass.
Drawn for: Edward and Gayle Neiburger
Drawn By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Dated: Jan 23, 1991
Final Revision: Feb. 8, 1991
2. The Order of conditions issued by the North Andover
Conservation Commission, Dated March 1, 1991, Shall be
considered as part of this decision.
3. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
4. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
5. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
6. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
7. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
8. Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
9. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the
applicant shall receive a written determination from the
Conservation Administrator that all work being done under
the jurisdiction of the Conservation Commission is being
satisfactorily performed and maintained.
10. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
11. This Special Permit is hereby granted with the
understanding that this property will tie into the
Town's sewer system located within Great Pond Road. Any
alteration to the approved plans as referenced in condition
one (1) shall be submitted to the Planning Board as a
modification to this approval.
12 . Prior to a Certificate of Occupancy being issued for the
proposed structure the applicant shall complete the
construction of the proposed sewer line connection.
13. The applicant shall secure a written easement agreement for
any and all work being done on other property, specifically
the installation of the sewer tie-in. These easements shall
be approved by the Planning Board prior to the issuance of
a Building Permit. The applicant shall submit these
easment documents within one year from the date of this
conditional Special Permit approval. Should the applicant
fail to secure these easements within one year this Special
Permit shall be null and void.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
EDWARD AND GAYLE NEIBURGER
476 GREAT POND ROAD
LATS 5 AND 6
SPECIAL PERMIT FOR CONSTRUCTION OF A COMMON DRIVEWAY TO SERVICE
LATS 5 AND 6 ON GREAT POND ROAD.
The Planning Board makes the following findings regarding the
Special Permit Application cited above:
FINDINGS OF FACT:
1. The application adheres to the bylaw restriction that no more
than two (2) lots be serviced by this common drive.
2 . The specific location of the common driveway is appropriate
due to its location.
3 . The design and location will not adversely affect the
neighborhood.
4 . Adequate standards have been placed on the design which will
meet public health and safety concerns.
5. The purpose and intent of the regulations contained in the
Zoning Bylaw are met with the Special Permit Application
before us.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. The Applicant shall place a stone bollard at the entry to
the common drive off Great Pond Road. This stone bollard
shall have the street numbers of both dwellings engraved on
all four sides of the stone. The dimensions of the stone
shall be as follows: 8" x 8" x 72" . The stone shall have 48"
exposed and 24" buried, and all numbering on the stone shall
be 4" in height. This condition is placed upon the applicant
for the purpose of public safety.
2. Easements pertaining to the rights of access for driveways
between the lots involved, and the approved Form A plan,
shall be filed with the Registry of Deeds Office prior to
the issuance of the building permit for lot 5 or 6
3. In no instance shall the Applicant's proposed construction
be allowed to further impact the site than as proposed on
the following plans:
Plans entitled: Site Plan of Land
in North Andover, Mass.
Drawn for: Edward and Gayle Neiburger
Drawn By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Dated: Jan 23, 1991
Final Revision: Feb. 8, 1991
4. The Determination of Applicability issued by the North
Andover Conservation Commission, Dated March 1, 1991, shall
be considered as part of this decision.
5. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
6. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
7. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
8. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
10. Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
11. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the
applicant shall receive a written determination from the
Conservation Administrator that all work being done under
the jurisdiction of the Conservation Commission is being
satisfactorily performed and maintained.
12. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
13. The applicant shall secure a written easement agreement for
any and all work being done on other property, specifically
the installation of the sewer tie-in. These easements shall
be approved by the Planning Board prior to the issuance of
a Building Permit. The applicant shall submit these
easment documents within one year from the date of this
conditional Special Permit approval. Should the applicant
fail to secure these easements within one year this Special
Permit shall be null and void.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
ceiv_� by Town Clerk :
REL � F 'a
FORM A
"ER
. ,
NOR'
q {
APPLICATION
NOTFOR
TOENDORSEMENT
APPR'' �•a N IO 12 ,E ugI
;.
(-IA' 19
To the Planning Board of the Town of Borth 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 :
I . The division of land shown on the accompanying plan is riot 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 , C-'f: :;: or a private way , namely ,
being land bounded as follows :
; f1F CFre �J; c ;t
7 14
�
All t' �t�' r fl S' 1 rl n' ��:' �'� N J o� n l Uv ti
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
3 . Title reference North Essex Ueeds , Gook ; Page 3 S J or
Certificate of Title No . � . ,i� Registration Book
P a ge_
A .Ply licant' s, Skgnature :
Owner rer s s nature and address if not
the applicant :
D c c,A!2 rl C . /V r i3 /c' (= F/'` ) (L
(Print Name)
:Applicant ' s Address :
(-cn`
Tel . No.
f
5
\lea e d.I'oarN1� DAIR� �iaNc
be ��' . ? +iA"•�'�40•.` 1t3'W Gt F VAR
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ce TOWN OF NORTH ANDOVER
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00 MASSACHUSETTS
0\e��,.
G BOARD OF APPEALS
E & G Nieburger NOTICE OF DECISION
476 Great Pond Road
N. Andover, MA 01845
Dat September 12, 1990
Petition No.. 123-90. . . . . . . . . . . . . .
Date of Hearing. .Sept. 11, 1990. .
Petition of . .Edward & Gayle Nieburger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . A7§ .Great. Pond.Ro. . .ad
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of W6.Section 4,
.Peragrap.h .4,1U. of .0fa. Zoning,Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . relief. frpm ,gide. . . . . . ...
.dweli..ing . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .(;RANT. . . . the
.variance . . . . . . . . . . . . . . . . . . . . ._ . . . . . and hereby authorize the Building Inspector to issue a
permit to . .Edward.& .Gayle. Nieburger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1. That the proposed new dwelling be connected to the sewer system before an
occupancy permit is issued.
2. The dwelling on Lot 5B be connected to the sewer system within two(2) years of
system being installed on Great Pond Road.
Signed -)�
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
William Sullivan, Vice-chairman
Raymond Vivenzio
Anna O'Connor
. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .
Louis Rissin
. . . . I . . . . . . . . . . .
Board of Appeals
LERK
G
H N ER
17 iso ►
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
E. & G. Nieburger * Petition: #123-90
476 Great Pond Road
North Andover, MA 01845 * DECISION
The Board of Appeals held a public hearing on September 11, 1990 on the application
of Edward & Gayle Nieburger requesting a variation from the requirements of Section 4,
Paragraph 4.121 of the Zoning Bylaw so as to permit relief from side yard setback
for construction of a family dwelling on the premises located at 476 Great Pond Road.
The following members were present and voting: Frank Serio, Jr. , Chairman, William
Sullivan, Vice-chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 29, 1990 and
September 5, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted,
unanimously, to GRANT the variance as requested subject to the following conditions:
1. That the proposed new dwelling be connected to the sewer system
before an occupancy permit is issued.
2. The dwelling on Lot 5B be connected to the sewer system within
two(2) years of system being installed on Great Pond Road.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning Bylaw and the granting of this variance will not
derogate from the intent and purpose of the Zoning Bylaw nor will it adversely
affect the neighborhood.
Dated this 12th day of September, 1990
BOARD OF APPEALS
3
o
Prank Serio, Jr.-
Chairman
/awt
` Received by Town Clerk: '
REG E IV ED
a DANIEL JAG
�Dn85/37
TOWN OF NORTH ANDOVER, MASSACHUSETTS So � A 3'74,
BOARD OF APPEALS (,q(;, j7 ?a/
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF TJFL�ZONING ORDINANCE
1 �7 �p [TIPFAT POND
R6A�
! Applicant F_ a N /?C 6 Address
1. Application is hereby made: 1_
3 a) For a variance from the requirements 'of Sectionlraragraph
j and Table �of the Zoning By Laws.
b) For a Special Permit under Section�Paragraph_—Of the Zoning
By Laws.
jc) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) P mislees a/��rected are 1 d �a d building(s)�numbered�
l b) Premises affected are property with fronts a on th North ( ;1
South ( ) East ( ] West ( ) side of�� x-
Street, and known as No._^ _—_—__— Street.
c) Premises affected are in Zoning District -t, and the premises
affected have an area of � uare feet and frontage of
3. .Ownership
C)
a) Name and address of owner (if joint ownership, givg all names):
WNrsS j
W A k� C .
-/1 y1 F J7. /1II �2 �uea4.5ss � deet/
g /9d?s� / —t°T7E,e Sig)(Date of Purchase —_Previous owner $IV - o E
b) If appli t i�nowner, check his/her interest in the premises:
rospect' a Purchaser ��77 �Lesee.��yy _Other (explain)
7-70
� . 4a Size of proposed building:�Sg S front, r3� feet deep;
" .Height stories;_ _—feet. q q
a) Approximate date of erection:
b) Occupancy or use of each
!t 11flooc:�/M1L Y �ES(��A)e c
c.) Type of construction: Woo _��� �
W
5. Size of existing building: feet front;_ feet (1cep; vCEE
E 11T7Acys7
Height'--stories;_�_fcet.
176 1
a) Approximate date of erection:_I� /p
—D__-
,r} C - '/1&4CR Ca7TRelE FOR 4'4l57'
b) Occupancy or use of each floor: 1 Da 7 s4RS
�c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
�a _ If so, when?__J—
7,t ., Description of relief sought on this petition ' '•' -`.
L / FF' Fo
8. ,.'Deed recorded in the Registry of . Decds in BookPage
Land : Court Certificate No. q Book (0 'Page 3�•
The principal po s upon which I base ,my application are as follows :
.(must be , stated in detail ) + '
k1E tSrl ' Tv urea f1N� 4PARaFRfATr- �^' FA ix IL f/BmE, :•
L u fIGT 3� k " 1•
�'7" 74'1 `7"HEOs R�� ?A ksER h/
( g6_5T 045E CAS O4'sJE
I . ag'rce to pay the filing fee, advertising in newspaper , and incidental
xPenses*'
r--- nature Of Petltio4rs
very application for• action by the Board shall be de on a form approved
y., the Board . These forms shall be furnished by the Clerk upon request .
'ny communication purporting to be an application shall be treated as mere
ot.ice of* intention to seek relief until such time as it 'is . made on the
fficiaL application form . All information _'Called -for by the form shall .
e furnished by the applicant in the .manner ' t,herein: prescribed .
very-application shall be submitted with a list of '•"Parties In Interest" •
hick list shall • include .the petitioner , , abutters , owners of land directly
pposite on any public • or private strec� or way, and abutters to .the
butters �within ; three hundred feet ( 300 '. ) of the property line of the
etitioner' as they appear . on the most recent applicable tax list ,
otwithstanding that the land of any such owner is located in another city..'.•
r, town, the Planning Board of the city or town, . and the Planning Board of
very abutting city or town.
Every application shall be submitted with an application charge cost in
he amount- of $25 . 00 . In addition, the petitioner ' shall be responsible ::.. ,;
or any. and all costs involved in bringing the. petition before the, Board . ;:,. ,'
•,:, t :,
uch. costs shall include mailing and publication, but are not necessarily;• •.*. ,rts
imited to these .
very application shalt be submitted with a plan of land approved by the
card : No petition will be brought before the Board unless said plan has
can submitted . Copies of the Board ' s requirements regarding plans are
ttached hereto or are available from the Board of Appeals upon request .'
LIST OF PARTIES IN INTEREST '
V S(!Z. .l��
,
4
" F LIST OF PARTIES OF INTEREST
`' MAP. # PARCEL # NAME ADDRESS
A16 R r N i2 Cour) TRY L14-
So0 67tejT4T Toy 12 J7.
7T15 d- !�E nl E 0 wE
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14 r n) R y d- S L-t SA,J W4 6-5/7 R
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a ,�. A4),4 Y
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A;?
FA
L (Broken Lines indicate Proposed
Matchinn Roofs to Connect all Buildinas) S�t'
"ON THF. POND"
THE BARN GALLERY - ]9Qn �A \110,1
Edward and Gavle Niehuroer M
INN
476, Great Pond Road
Lake Cochickewick
North Andover, Massachusetts ,. "\,,N
(version II S, 21 ,Tune 1990) G
O�NO• 'y74 i
T C+,
•' Baas
P.
9 r.
Any appeal shall be filed .:N0 DEC
within (20) days af'L-er the TOWN OF NORTH ANDOVER
date of fi: ng of this Notice MASSACHUSETTS
in the Office of the Town
Clerk. BOARD OF APPEALS
NOTICE OF DECISION
Edward & Gayle Neiburger
476 Great Pond Road Date December 18, 1990
N. Andover, MA 01845
Petition No.. .132-90
December 11, 1990
Data of Hearing.Special -Mtg•.• •12/17/90
Petition of . • . • Edward•&. Gayle •Neiburger_ . . . . , , , . ,
Premises affected . .478.Great .PQAd. Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .
Referring to the above petition for a-variation from the requirements of ft Section.4.135 .
Paragraph 2B(1) of the Zoning Bylaw
so as to permit relief. from .250' . setback. from .high. water.mark .of.Lake. .Coebi_chexick
in. order .to. move .100. y. par .old. shed .to. a. new.site. .212: . from .the.Lake.. . . . . . . . . .,.. .
After a public hearing given on the above date, the Board of Appeals voted to . . .DENY . . . : the
. VARIANCE AS •REQUESTED. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . I . . . . . . . . . . . . .
Signed William Sullivan, Vice-chairman
Walter. Soule, ;Clerk. . . . . . . . . . .
Raymond, V3;venzio. . . . ... . , , , , , .
Anna.Q'Connor. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
Board of Appeals
1 e
r` A
0 .2090k
Any appeal s+ all be Ned L`C 1 , �
! °
within (2-0) I s fter the .,...........
�� e
date of n�.:�.�, ..f �,.�s iso .,
in the Office of the Town
TOWN OF NORTH ANDOVER
Clerk.
MASSACHUSETTS
BOARD OF APPEALS
*
*
Edward & Gayle Neiburger Petition: X6132-90
478 Great Pond Road * DECISION
N. Andover, MA 01845
*
*
***************************
The Board of Appeals held a Special Meeting on Monday evening, December 17, 1990,
continued from the December 11, 1990 meeting, upon the application of Edward and
Gayle Neiburger requesting a variance from the requirements of Section 4.135,
Paragraph 2B(1) of the Zoning Bylaw so as to premit relief from 250' setback from
high water mark of Lake Cochichewick in order to move 100-year old shed to a new
site 212' from the Lake on the premises located at 478 Great Pond Road. The
following members were present and voting: William Sullivan, Vice-chairman,
Walter Soule, Clerk, Raymond Vivenzio and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on November 21, 1990
and November 28, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted,
unanimously, to DENY the variance as requested.
The Board finds that no hardship is shown and the granting of this variance
would derogate from the intent and purpose of Section 10, Paragraph 10.4 of
the Zoning Bylaw.
Dated this 18th day of December, 1990.
BOARD OF APPEALS
William Sullivan
Vice-chairman
/awt