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Home My WebLink AboutMiscellaneous - 65 Pleasant Street (2) T le��1Ty 7X:,iS 7-\ p�AsANT S-r , a� C� F P C� �i � ��% c�' �a Q— I �,� - ` � ._ �' �Q��/�-sA-N'T" �Ti�cs �c=g�Ty 7X:�is > Legal Notice TOWN OF NORTH ANDOVER BOARD.OF APPEALS NOTICE N°RSH March 18, 1986 3 •`''' Notice is hereby given that r°- a the Board of Appeals will give a l... . hearing at the Town Building, North Andover, on Tuesday evening, the 8th day of April, at 7:30 o'clock, to all parties sAcNus {� painterested in the appeal of If' Pleasant Times Realty Trust re- ' questing a variation of Sec.. 4. 133, Para. 4(c)(d)of,the Zoning By Law Sd`as to permit construction of extended driveway wit250 feet from Lake Coehichewick on the premises,located4-,.Lots 56, 58 and 59 Pleasant Street. By Order of the;Board of Appeals. h Frank Serio,Jr:,Chairman Publish,N.A.Citizens March 20&March 27,1986 h16 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE NOP 71f °� ••" '•1�o March 18, 1986 3 Notice is hereby given that ° p the Board of Appeals will give a r hearing at the Town Building, : North Andover, on Tuesday ", •-�;= everyng, the 8th day of April, s at 7:30 o'clock, to all parties s^C"US interested in the appeal of Pleasant Times Realty Trust re- questing a variation of Sec. 4. 133, Para. 4(c)(d)of the Zoning By Law.so as to permit construction of extended driveway within.250 feet from Lake Cochichewick on the premises, located at Lots 56, 58 and 59 Pleasant Street. By Order of the Board of Appeals. Frank Serio.Jr.,Chairman Publish N.A.Citizen:March 20&March 27,1986 h16 ciassiveas -4 MACHINERY ► RISONS, 253 Main St.(Rte. 121 A), Plaistow, NH Tel.603-382-5671. 194 J MUSICAL INSTRUMENTS► HAMMOND ORGAN. Excellent condition, 2 keyboards, rhythm section, many other features. $500.Call 683-6756. 190 ELECTRIC ORGAN--Thomas Coronado No. 297. Excellent condition. Cost new $8500. Will sell for $3500 or best offer. Call 688-8103. 207 PERSONAL ► � Legal Notice TOWN OF 0RTt�H ANDOVER BOARD OF APPEALS NOTICE NOPT#I °� •`" '•1ry0March 18. 1986 r ,�w. '�••.•.• o Notice is hereby given that F p the Board of Appeals will give a • hearing at the Town Building, North Andover, on Tuesday ----;,w evening, the 81h day of April, ��s•••••0 A , at 7:30 o'clock, to all parties a^CN°S interested. in the,appeal, of Pleasant Times Realty Trust re- questing a variation of Sec.. 4. 133. Para.4(c)(d)of,the Zoning By Law so as to permit construction 0 extended driveway within 250 feet from Lake%ochichewick on the premises,located at Lots 56, 58 and 59 Pleasant Street. By Order of the,Board of Appeals. ti Frank Serio,Jr.,Chairman Publish N.A.Citizen:March 20&March 27,1986 . . h16 o + O ♦�NORTN � of. 4 *3?� 00044r DSO F� APRILM i ' I8S5 ;pj'•�, ACHU'� 4' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. .18. . . . . . .19.8 6 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. T ue s d ay . . . . . . . evening. . . the . 8.th day of . . .April. . . . . . . . . . . . . 19.86 , at. .'. .gclock, to all parties interested in the appeal of Pleasant. .Times. .Rea lty .Trrust . . . . . . . . . . . . . . . . . . requesting a variation of Sec.4—13 3, . Rara. 4 of the Zoning By Law so as to permit. . . . . . . . . . . . . . . . . . . . . . .(c) (d). . . construction of extended driveway within 250 feet from Lake Cochi'chbwick . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . . Lots 56 , 5 8 and 59 Pleasant Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. Chairman Send bill to Pleasant Times Realty Trust 22 Monteioro Way, N. Andover, MA 01845 Publish in N. A. Citizen March 20 & March 27 , 1986 . OT '••o'•,'�'p H 9 sSACHUS' TOWN OF NORTH ANDOVER MASSACHUSETTS s BOARD OF APPEALS Pleasant Tiem Realty 22 Monteiro Way N•e Andover, MA 01845 Date: March 24 , 1986 Dear Applicant:- Enclosed is a copy of the legal notice for your application before - t the Board of Appeals . Kindly submit $_ g _ 14 for the following: Filing Fee $ Paid Postage $ 8 . 14 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main, Street , North Andover , Mass . 01£345. Sincerely., BOARD OF APPEALS Audrey W. Taylor, Clerk ER ` SA U C�� ..;�`� c-;��.�•,�� '4 s,,...•�� MFR I U � 4�� t n Pry ��- .. . - ```.., TOWN OF NORTH ANDOVER MASSACHUSETTS G�eC�. BOARD OF APPEALS April 14 , 1986 Pleasant Times Realty Trust Petition #81-86 22 Monteiro Way North Andover, MA 01845 Gentlemen: The Board of Appeals held a public hearing on Tuesday evening April 8 , 1986 on your application . The hearing was advertised in the. North Andover Citizen on March 20 and March 27 , 1986 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman , Alfred Frizelle , Vice-chairman, Walter Soule , William Sullivan and Raymond Vivenzio. You requested a variation of Section 4 . 133 , Paragraph 4 (c) (d) of the Zoning By Law so as to permit construction of extended driveway within 250 feet from Lake Cochichewick on the premises located at Lots 56 , 58 and 59 Pleasant St. Although lot structure has been changed, the Board feels that this is a repetitive petition under Section - 10 . 8 of the :Zoning ByLaw and should be filed with the Planning Board before coming to the 'Board of Appeals . Motion made by Mr. Frizelle and seconded by Mr. Soule to allow you to withdraw this petition without prejudice . Vote was unanimous . Sincerely , BQ RD OF APEALS Frank Serio, J '. , Chairman /aw,t �y NORTHx:. A SS CH TOWN OF NORTH ANDOVER MASSACHUSETTS f^ BOARD OF APPEALS . April 14', 1986 e, Pleasant Times Realty Trust Petition #81-86 22 Monteiro Way North Andover, MA 01845 Gentlemen: The Board of Appeals held a. public hearing on Tuesday evening Jt April 8 , 1986 on your application . The hearing was advertised in the North Andover Citizen on March 20 and March" 27, 1986 and all abutters were -notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle , Vice-chairman, Walter Soule , William Sullivan and Raymond Vivenzio. You requested a variation of Section 4. 133, Paragraph 4 (c) (d) of the. Zoning' By Law so as to permit construction of extended driveway within 250 feet from Lake Cochichewick on the premises located at Lots 56 , 58 and 59 'Pleasant St. Although lot structure has been changed, the Board feels that this is a repetitive petition a� nM 7 should be filed with the Planning Board before coming to the Board op /Q of Appeals . Motion made by Mr. Frizelle and seconded by Mr. Soule to allow you withdraw this petition without prejudice . dote was unanimous . `" • N' to Sincerely , ` BOARD OF APPEALS Frank Serio, Jr'. , . Chairman /awt v a . x 7t � r 16 6 NORTH ANDOVER qBUdDING DEPARTMENttf MORT11 � 120 MAIN STREET 3:,•�`��••M�Gt NORTH ANDOVER, MA 01845. °. p U t y � edp �S �Ss�cNus INSPECTOR OF BUILDINGS - TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR June 6, 1986 PZeasant Times Reatty Ttwst 22 Monte-iAo .(day North Andover, MA. . Gentlemen= As the neJsuLt of my inspection on May 29, 1986, I {pound that the der i.veway z eAv.ing Lots # 10 9 60 P2.easant Skeet, buitding permit #64, izzued Febnuany 13, 1985, has been con- ,6t uc ted .in v.iotation o6 the vaAiance granted by the NoA th Andover Zontinq Board o4 AppeaU ,in its decision dated.Ju.ly, 1985. Speci.4icatty, the Zoning Board o6 Appeats requvt.ed that the d,r i_veway be .installed as shown on a plan d,%awn by Cyn Engineering SeAv.iceis, Inc., dated November, 1985 and neconded at Non-th. Essex Reg.ustAy .o6 Deeds. Because o4 this zoning v.iotation, building permit #64 is heAeby revoked and no work may be done on the premise% u.ntit said der i.veway has been removed and nep.laced with .loam and guvsz. Said driveway must be removed by June 23, 1986 on 6ine�s oA $300 pen day Aor a continuing zoning v.iot ati.on wilt. o be ,cmpo.6ed. Very truly youAA, CHARLES H. FUST INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF-a6 Copy to: Zoning Board o6 Appeatz Town Coum e.t Peter Stipp, Tru/stee Alexander Zadeh NORTH ANDOVER BUILDING DEPARTMENT NORTil O� ,So ' 1ti 120 MAIN STREET 3�•`'�,•_'..'..•hoc NORTH ANDOVER, MA 01845 F p • s Y°off_ '..,_-_y4�• 1SswCHU INSPECTOR OF BUILDINGS TEL. 688-8102 ELECTRICAL INSPECTOR GAS INSPECTOR Aptri,.e &, 1986 BowLd of Appecas Town 044ice Bui.2dincg NOn th AndoveA, Ma. Re: Pte"d t Tirhu 'Re.atty Tkust Genttemen: The above pett,#ionut was denied a pehm,it 4on Lots 56, 58 9 59 Pte"ant Street because thei& plan th ca ted {soh the dtriveway to be with i j200 fleet o4 the "nb constAucti..on" setback 4,tom Lake Cochchewick. VuLy ttcuty youu, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a6 OFFICE OF TOWN COUNSEL 89 MAIN STREET ti NORTH ANDOVER, MASSACHUSETTS 01845 Of t,ORTH 9ti DOMENIC J.SCALISE -?. �IL o (617)6824153 � l p PETER G.SHAHEEN "'?" (617)689-0800 TOWN COUNSEL SSACHUS�� May 1, 1986 Civil Clerk Essex Superior Court 32 Federal Street _ Salem, Massachusetts 01970 RE: ( a. ) Town of North Andover vs. Pleasant Times Realty Civil Docket No. 85-1544 (b. ) Slipp vs. North Andover Board of Appeals Civil Docket No. 85-1934 Dear Sir: Concerning the above captioned cases, I have enclosed herewith two ( 2 ) Stipulations of Dismissals which I would have you file in each respective case. These cases have been terminated at this time. Thanking you in advance for your cooperation, I remain, Very truly yours, fDCO;MENIC SCALISE PETER G. SHAHEEN cc. Peter T. Slipp, Esq. DJS/kjb Encls: clopy COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT CIVIL ACTION NO. 85-1934 PETER T. SLIPP, TRUSTEE ) OF PLEASANT TIMES ) REALTY TRUST, ) Plaintiff ) VS. ) FRANK SERIO, JR. , ) i ALFRED C. FRIZELLE, ) WILLIAM J. SULLIVAN, ) STIPULATION FOR DISMISSAL WALTER Fc. SOULE, and ) MAURICE S. FOULDS, AS ) THEY ARE MEMBERS OF THE ) BOARD OF APPEALS OF THE ) TOWN OF NORTH ANDOVER, ) Defendants ) Now come the parties and hereby stipulated that the above-captioned action be dismissed without costs to either party. Notice under Rule 77 is hereby waived. I Peter T. SlipV, Esq. FITZGIBBONS, SLIPP & HOMSEY 316 Essex Street Lawrence, MA 01840 Tel. No. ( 617) 681-0666 TOWN OF NORTH ANDOVER 0/111 By Per G. Shahp,/,, Esq. Do enic J. Sc ise, Esq. 89 Main Street North Andover, MA 01845 Tel. No. ( 617) 682-4153 i COPY COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT CIVIL ACTION NO. 85-1544 TOWN OF NORTH ANDOVER, ) Plaintiff ) STIPULATION FOR DISMISSAL VS. ) PLEASANT TIMES REALTY ) TRUST, PETER T. SLIPP, ) TRUSTEE, ) Defendant ) Now come the parties and hereby stipulated that the above-captioned action be dismissed without costs to either party. Notice under Rule 77 is hereby waived. TOWN OF NORTH ANDOVER By '�KVZZ�� Dom6nic J. Sc Ise, Esq., Pet r G. ahee meq. 89 Main Street North Andover, MA 01845 Tel. No. (617) 682-4153 Peter T. S Ipp, '''sq. FITZGIBBONS, SLIPP & HOMSEY 316 Essex Street Lawrence, MA 01840 Tel. No. (617) 681-0666 OFFICE OF C(DPY TOWN COUNSEL 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF N°RTH qti DOMENIC J.SCALISE o2 5 °m (617)6824153 PETER G.SHAHEEN (617)689-0800 TOWN COUNSEL SSACHUSES April 22 , 1986 Peter T. Slipp, Esquire c/o FITZGIBBONS, SLIPP & HOMSEY 316 Essex Street Lawrence , Massachusetts 01840 RE: Pleasant Times Realty Trust vs . Town of North Andover Essex Superior Court - Docket No. 85-1934 Dear Attorney Slipp: Concerning the above captioned matter and our previous meeting of October 17 , 1985, this letter will confirm my understanding as to the agreement that was established at that meeting. The following action has been agreed upon between the Town of North Andover and Pleasant Times Realty Trust . 1 . ) Pleasant Times will remove the foundation presently constructed on so called lots 56 , 58 and 59 as referenced in the Board of Appeals ' decision of July, 1985 , forthwith and fill in the foundation excavation and rough grade . 2 . ) The Building Inspector will reissue building permit and Lift any stop-work order relating to so called lots 10 and 60 as referenced in the Board of Appeals ' decision of July, 1985 , said permit to be issued immediately upon removal of said foundation and leveling of the foundation hole . 3 . ) The Town of North Andover will prepare and forward to the office of Fitzgibbons , Slipp & Homsey all documents necessary for recording the said variance on said lots 10 and 60 at the Registry of Deeds forthwith. Kindly note that on January 3 , 1986 , a new plan which was prepared by Cyr Engineering Services , Inc. and reviewed by the Town, showing the foundation razed on Lot 56 , 58 and 59, was recorded in the North Essex Registry of Deeds as Plan No . 10141. .,b .r•r 4 . ) Pleasant Times will return Lot 56 , 58 and 59 " . . . .to their condition which existed prior to construction by seeding with grass and be fertilized with non- chemical fertilizer. . . " Such final grading, seeding, and fertilizer must be completed by May 1, 1986 . 5 . ) The Town of North Andover and Pleasant Times will enter into Stipulations of Dismissal in Essex Superior Court Dockets Numbers 85-1934 and 85-1544 upon the com- pletion of paragraphs number 1 through 4 above . Kindly i.ndi.catee your ass:-'nt i_o these terms by signing your namey..en the line indicated below, in duplicate, keeping a copy for your records and returning the other copy to my office at your earliest convenience . Thanking you for your assistance and cooperation, I remain, Very truly yours , f , `'Y, _ DOMENIC J. SCALISE PLEASANT TIMES REALTY TRUST by: aeCerT. Ste ' 'Trustee TOWN OF NORTH ANDOVER by. _ Its wn Counsel Domenic Scalise b eter G. Shaheen DJS%kjb ,aORTH ° OFFICE OF °? TOWN COUNSEL y' 89 MAIN STREET NORTH ANDOVER, MA 01845 54C NOSE MA le",KA 7 t ' � 30 5 � 94 Fox Hill Road North Andover, Mass. 01845 May 29, 1986 Mr. Charles Foster Building Inspector 120 Main Street North Andover, MA O1845 Dear Mr. Foster: Pursuant to Section 10. 1 of the Zoning By Laws, Town of North Andover, Massachusetts; I am requesting enforcement of the decision rendered by the Board of Appeals on the petition of Cyr Engineering Services, Inc. for Merrimack Realty and Development Group, entered with the Town Clerk on July 2, 1985 (copy enclosed) . This land is being developed by Pleasant Times Realty Trust. Specifically the decision granted the construction of a dwelling on Lot 10, 60 Pleasant Street, under the condition that the foundations on Lots 56, 58, and 59 be removed, and that the plans be revised and recorded prior to the reissuance of a building permit. The board found that the only construction within the "No Construction Zone" would be "for a driveway located as far as possible as shown on the plan, from the major area of the lot within the "No Construction Zone". " (see enclosed/last paragraph) This proposed driveway is also included, as demanded by the board, on a revised plan which was recorded by Town Counsel at the Registry of Deeds in Lawrence on January 3, 1986 (Plan number 10141) . This driveway is located just 20 feet from the lot corner, in a location where no trees need to bee r moved. On Wednesday, May 28, 1986 the first coat of an asphalt driveway was constructed nearly 150 feet from the lot corner perpendicularly and directly through the "No Construction Zone" in flagrant violation of the recorded plan and the Board's decision. G' This is the latest in a long chain of flagrant violations of the By-law by Pleasant Times Realty Trust, requiring stop orders and even a court restraining order to obtain compliance. Such significant construction in the water supply "No Construction Zone" was denied at two public hearings which you and I attended. Continued action is apparently required to obtain compliance with the plans. I am requesting; 1. That a stop work order be issued immediately, invoking the court order of June 28, 1985 if necessary. i 2. That no further construction be permitted until the driveway is removed and installed in conformance to the plan approved by the Board and recorded at the Registry. j 3. A fine equal to the maximum permitted be levied as of May 28, 1986 for the zoning violation. ($300 per day, I believe) SPnH elX�4 y, ohart cc: Atty Domenic J. Scalise - Town Counsel ,Mr. Frank Serio = Chairman, Board of Appeals Atty. Harley Anderson - Lexington, MA Enc. i � � � ••�NSR:;;�ti # RECEIVED O: " ILT" r DANIEL. LONG • iass •g TOWN CLERK s• ;ssgcriug;,� NORTH ANDOVER TOWN OF NORTH ANDOVER JUL 2 4 ei '85 i Any appeal shall be filed MASSACHUSETTS Within (20) days after the date of filing of this Notice BOARD OF APPEALS in the Office of the Town i Clerk NOTICE OF DECISION Date . . .July . . . .19.85. . . . . . . . . . . Petition No.. . . . . . . -.85. . . . . . . . . . . Date of Hearing. . .June. .].0,. .] 9.8 5 Petition of . .Cy-r . Engineering . S.ervice.s, . .Inc. .For .Merrimack. Valley. .Realty. & Development Group Premises affected . Lots. .56.,. . 5.8, . .59,. .60. .and . ].0 .Pleasant .St. . . . . . . . . . . . . . • • . • • . Referring to the above petition for a variation from the requirements of the . . Zoning. . .By. .Law Section. .4 .1.331. Pa-ragraphs- c . and. d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the continuation. of- ,construct-ion-.,6f- -two •s-ingle- -fam-ily- dwellings on separate lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on'the above date, the Board of Appeals voted to Grant- •andIft deny a portion of the request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to - -said-petitioner. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Denying the variance for Lots 56, 58 & 59 and order that the foundation be removed forl}with and the land be returned to the condition which existed prior to construction. Grant variance for Lots ] 0 & 60 subject to conditio that foundation set forth above be removed and land restored. Signed Frank. $erio,. .Chairman. . . . . . . . . Alf,red. X.. .Fr.ize.11e.,. .E.sq.. .Vi.c.e7Chairman Augustine. .W.. .Nickerson . . . . . . . . . Walter. Y.. .Soule. . . . . . . . . . . . . . . . . . Raymond.A. .V.ivenzio, . Esq... . . . . Board of Appeals r ` �O� t,,( yv f MORTh'/ `��; "�^te 3?0 �•ee e •MOO' 4S Cow TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 1985 j I Cyr Engineering Ser-kices, Ir For Merrimack Valley Realty & Development Group Lots 56, 58, 59, 60 and 10 Pleasant St. I Petition No. 'j0 - 85 i I Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: - The Board of Appeals held a public hearing on Monday evening, June 10, 1985 upon the application of Cyr Engineering Services, Inc. , for Merrimack Valley Realty and Development Group. The hearing was duly advertised in the North Andover Citizen on May 23 and 30, 1985 and all abutters were notified by regular mail. The follow- Wing Board members were present at the public hearing and again on June 26, 1985, when the Board rendered its decision: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice-Chairman; Augustine W. Nickerson, Walter F. Soule, and Raymond A. Vivenzio, Esq. The Petitioner seeks a variation of Section 4 .133, Paragraphs c and d of the Zoning By-Law so as to permit the continuation of construction of two single-family dwellings on separate lots on premises located at the south side of Pleasant Street, known as Lots 56, 58, 59, 60 and 10 Pleasant Street. Mr. James Curren of Cyr Engineering appeared on behalf of the Peti- tioner. Mr. .Curren testified that the Petitioner desires to conti- nue to develop two parcels and to continue the construction of two single-family dwellings. The problem, according to Mr. Curren, is that the :"No Construction Zone" as set forth in Paragraph c of Sec- tion 4 .133 Watershed District, through an error on the part of the engineering plans runs through the driveway of Lots 10 and 60 . i 1 ' I The lots were joined to create two "buildable" lots. The engineer erroneously thought the "No Construction Zone" was 200 feet from the lake and prepared the plans accordingly. According to Mr. Cur- ren, the only way the Petitioner can complete construction is to request a variance. According to Mr. Forster, the Building Inspector, the Building Department, in reliance on the engineer's certification that all zoning requirements were met, issued a building permit and the Pe- titioner began construction. Mr. Foster testified that the appa- rent error was brought to his attention by an abutter and a stop work order was issued for Lots 56, 58, and 59 . The Building De- partment would issue a stop work order on Lots 10 and 60 ifa va- riance was not acted upon at the Public Hearing. The following individuals spoke. in opposition to the Petition: John Harriman; Attorney Russell Bodnar, representing John Hart; Lawrence Ward; Bruce Davis; and John Gromko. In summary, the op- position argued that they- were led to believe the lots were non- buildable; that the construction presents potential injury to Lake Cochichewick; that the matter is essentially an environmental matter. Upon a motion made by Mr. Frizelle, seconded by Mr. Vivenzio, the the Board voted as follows: Lots 56, 58, and 59 - to deny the variance requested and to order that the foundation be removed forthwith; that the land be returned to their condition which ex- isted prior to construction by seeding with grass and be fertilized with non-chemical fertilizer, and that the plans be revised to show said changes. Lots 10 and 60 - to grant the variance requesteduested to permit a driveway within the Watershed District 250 - _ foot "No Construction Zone" on the lot as shown on the plan accompanying the petition, subject to the condi- tion that no trees along the property line of the lot on Pleasant Street be cut to allow installation of the driveway; and subject to the condition that the founda- tion on lots 56, 58, and 59 be removed and the land be- restored as aforesaid; and that the plans be revised and recorded prior to the reissuance of a building per- mit for Lots 10 and 60, or lifting of a stop work order relating thereto. I In denying the variance requested for. Lots 56, 58, and 59, the Board finds that the Petitioner failed to demonstrate that the con- struction of the dwelling meets the standards set forth in Section 10.4 of the By-Law. Specifically, the Board finds that the con- struction of the dwelling as shown on the Plan was not because of soil conditions, slope or topography of the land or structure, but t was caused by an error of the engineer, compounded perhaps by the issuing of a building permit. The Board finds that the relief, if granted, would be of substantial detriment to the Zoning Dis- trict. The District in question is the Watershed District. Sec- tion 4 .133 (1) Purpose: states that: "The Watershed District surrounding Lake Cochichewick, 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 table and the lake, to conserve the na- tural environment and to protect the public in health, safety and welfare. " The Board finds that such construction would not 'act to benefit the public health and welfare, . taking note of the action of Town Meeting, wherein a building moratorium surrounding the lake was en- acted. The Petitioner is not without relief and has other avenues to follow.. No substantial- hardship, financial or otherwise, was demonstrated by the Petitioner at the hearing. In granting the variance for Lots 10 and 60, the Board finds a different set of facts. The dwelling being constructed thereon does not fall within the "No Construction Zone" of Section 4 .133. The only construction within the "Zone" is for a driveway located as far as possible as shown on the plan, from the major area of the lot within the "No Construction Zone". The Board notes that the effect on the Lake of this "minor" construction as compared to 'the building requirements on the abutting Lots 56, 58, and 59 is minimal and does not create a substantial detriment to the pub- lic health and welfare. The Board further finds that because of the shape of the parcel, construction of the driveway within the "Zone" is necessary, and that the dwelling will be connected to the town sewer system. The other conditions of Section 10.4 have likewise been satisfied, and there would appear to be substantial hardship if the dwelling, which has been framed (as compared to Lots 56, 58, and 59, where only a foundation was constructed) was required to be removed, and the land could be combined with the abutting Lots 56, 58, and 59, so that damages would be minimized by selling one large lot and the Petitioner would not be saddled with unusable land. The relief herein granted is not of substan- tial detriment to the public good as stated above, and will not nullify nor derogate from the intent and purpose of the By-Law and, more specifically, from the intent and purpose of Section 4.133 (1) . - Sincerely, L BOARD OF APPEALS j L 1 Fr k Serio, r. , Chairman AEF/kdp 17! J. Hart 94 Fox Hill Road North Andover, MA 01845 + ��__� .._ /2• E ani i 'a' , � - 4 EMS 8 I i 0 HOLD DATE 8arU'M ,,a er�,T R `' Mr. Frank Serio Board of Appeals IST NOTICE 120 Main Street U North Andover, MA 01845 2ND NOTICE r i R£T�N..� P 684 438 869 p�1301md38 n9-A a ,'4' "� ,Oct.1980 _ _ Receiv�ed by Town Clerk: , TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant PLEASANT TIMES REALTY TRUST - Address 22 MONTEIRO WAY, NO.ANDOVER, 1. Application is h reby made: MASS. a ) For a variance from the requirements of Section 4. 133Paragraph, and Table of the Zoning By Laws . 4 Sub-Section C & D b) For a Speciat. Permit under Section _Paragraph_—gf the Zoning By Laws . c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are land X and building(s ) _numbered LOTS 56, 58 & 59 PLEASANT - Street . b) Premises affected are property with frontage on the North ( ) South ( X) East ( ) West ( ) side of PLEASANT STREET Street , and known as No. — Street . c) Premises affected are in Zoning District R-2 , and the premises affected have an area of square feet and -frontage of feet . 3. Ownership . a) Name and address of owner ( if joint ownership, give all names ) : PLEASANT TIMES REALTY TRUST,_PETER_T.-SLIPP, TRUSTEE Date of Purchase 2-85 Previous Owner , ANDOVER SAVINGS BANK b) If applicant is not owner , check his/her interest in the premises : .Prospective Purchaser Lesee Other (explain) �a Size of proposed building: 50 front; 26 feet deep; " Height 18 stories; 11-'—--feet . a ) Approximate date of erection: 6-86 b) Occupancy or use of each floor : FAMILY-USE--- c ) Type of co struction: WOOD-FRAME --__---- 5. Size of existing building: __ feet front ;_-- feet deep; Height • stories; fee__t . a) Approximate. date of erection: — b) Occupancy or use of each floor :_- — — c ) Type of construction: ------- ------- 6. Has there been..'a previous Iappeal , under zoning, on these premises? YES If so, when? 6-10-85 I 83 O9�41,' HAON i 7 . Description of relief sought on this petition_ CO_N_S_TR_UCTION OF EXTENDEDIDRIVEWAY WITHIN 250 FEET FROM_LAKE—COCHICHEWICK. 8. Deed recorded in the Registry of Deeds in Book Land Court Certificate No. Book ---Page_____ 5 7 ---Page 6 5-&-6 9 Therinci al P P points upon 'which I base my application are as follows: t (must be stated in detail ) THE IPOSITION OF THE DRIVEWAY AS SHOWNON PLAN IS THE pN� _ REASONABLE ACCESS TO THE PROPOSED DWELLING LOCATION. I agree to pa the filing fee, advertising in newspaper , and incidental expenses* gnature of PetitionerFsj-- _ Every appyitat6Thes action by the Board shall be made on a form approved by the ,Board..- forms shall be furnished by the Clerk upon request. An mmunicatrporting 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� lfst 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 ( 3001 ) of the property line of the i petitioner as they appear on the most recent applicable tax list, I notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. f i *Every application shall be submitted with an '-application 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, but are not necessarily limited to these. r, I' 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 . R LIST OF PARTIES IN INTEREST . Name Address SEE ATTACHED 4 w (use additional sheets if necessary) . w. LIST OF PARTIES IN INTEREST LAWRE-N-CE�R =D.ESDRIICHtD 535 PLEASANT STREET �-- NORTH ANDOVER, MASSACHUSETTS 01845 i/ GERALD A. 8 PAULINE F. HRENCHIR 561 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN B. 8 ELIZABETH W. HARRIMAN 102 FOX HILL ROAD NORTH ANDOVER, MASSACHUSETTS 01845 ROSE M. DeFUSCO 112 FOX HILL ROAD NORTH ANDOVER, MASSACHUSETTS 01845 CAR-01_:- -L-tA=C-ROEE 202 GREAT POND ROAD NORTH ANDOVER, MASSACHUSETTS 01845 ►' JOHN T. 8 ANDREA S.HART 94 FOX HILL ROAD NORTH ANDOVER, MASSACHUSETTS 01845 IIIA LAWRENCE A. 8 LOIS H. WARD 84 FOX HILL ROAD NORTH ANDOVER, MASSACHUSETTS 0184'5 r/ RONALD J.. 9 LILLIAN LEVESQUE 14 SUTHERLAND STREET ANDOVER, MASSACHUSETTS 01810 . WILLIAM J. 8 EIKO TURNER 64 FOX HILL ROAD '= NORTH ANDOVER, MASSACHUSETTS 0184 2NBJ.ST 48 FOX HILL ROAD MF-RTON-0:==9-PHOFB��lT1f��-1: NORTH ANDOVER, MASSACHUSETTS 01845 WILLIAM A. JR. 9 CAROLVN R. SULLIVAN FOX HILL ROAD NORTH ANDOVER, MASSACHUSETTS 01845 y��y�CHANG- -SUK �vn�,ur rH01 20 FOX HILL ROAD �` NORTH ANDOVER, MASSACHUSETTS 01845 BEAR HILL DEVELOPMENT, INC. 910 BOSTON POST ROAD MARLBORO, MASSACHUSETTS 0175.2 MASSACHUSETTS ELECTRIC COMPANY 1101 TURNPIKE STREET C/O FENTON W. VARNEV V.P. NORTH ANDOVER, MASSACHUSETTS 01845 N NORTH ANDOVER BUILDING DEPARTMENT MORTti 120 MAIN STREET 3: i ' --• oL NORTH ANDOVER, MA 01845 ti a ssACMUS� �i INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR - GAS INSPECTOR Manch 14, 1986 Zoning Boated o6 AppeaP�s Town 0 b bice Building North AndoveA, Ma. Genttemen: Ptea�sant Timm Reat ty Tnu.6t, Pe teA Stipp, Tnwstee, was ne6u�s ed a building pehmit on this date became theiA plan showed comstAucti,on within 250 beet o5 Lake Coch i chebUick. Said p.P_a.n eneompa36m Lot6 56, 58 and 59 PZea6ant S.tAeet on a plan pnepatced by Cyn Eng.ineeA i.ng SeAv.ice s, Inc. VeAy tAuty youAz, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a6 Copy to: Ptea/sant Timm Reatty Tnust ' 24P Board of Appeals Town Office Building L P r� North Andover, Mass. 01845 `! f4 P 'r "�•.�® 5,� .,,-, MAR 4 sae _w N^(0 � Bear ill D ve lopment Inc � A Legal Notice TOOWNWOF NORTH ANDOVER BOARD•OF APPEALS NOTICE "Oft T °�..••• •1�o March 18, 1986 of 1.0. ""• °� Notice is hereby given that p the Board of Appeals will give a a. hearing at the Town Building, North Andover. on Tuesday • ^._.----;� evening, the 8th day of April, at 7:30 o'clock, to allrties 1ss^�N"5� ;t•' . interested in the.appeal of ., Pleasant Times Realty Trust re- questing a variation of Sec: 4. 133. Para. 4(c)(d)of the Zoning By Law W'as to permit construction of extended driveway withiN:750 feet from Lake Cochichewick on the premises, located at tots 56, 58 and 59'Pleasant Street. By Order of the Board of Appeals. Frank Serio,Jr.,Chairman Publish N.A.Citiien March 20&March 27,1986 h16 Board of Appeals p'3c Town Office Building North Andover, Mass. 01845 { TQ�FO Ronald J & L. Levesque 14 Sutherland St. Andover, MA 01810 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE OT OR T1:1ti • ° March 18, 1986 3r '��'• °; Notice is hereby given that ° the Board of Appeals will give a hearing at the Town Building, Nort�� a on Tuesday nilrng the 8th eday of April,p s:st i�•'•••�', at 1:30 o'clock, to all parties is 0, interested in the appeal of Pleasant Times Realty Trust re- questing a variation of Sec. 4. 133, Para. 4(c)(d)of the Zoning By Law so as to permit construction of extended driveway,within 250 feet from Lake Cochichewick on the premises, located at tots 56, 58 and 59 Pleasant Street. By Order of the Board of Appeals. Frank Serio,Jr.,Chairman Publish N.A.Citizen:March 20&March 21,1986 h16 NORTH ANDOVER BUILDING DEPARTMENT pORTM, 120 MAIN STREET J NORTH ANDOVER, MA 01845 ♦ s sSACHUS� INSPECTOR OF BUILDrNOB TE[.. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR Manch 14, 1986 Zoning Boand of Appeats Town O ice Buitdin �� g Notth AndoveA, Ma. G enteemen: Ptea/sant Times Reat ty Tnu/st, Pe ter Stipp, Tnu/stee, was te6used a bu i eding pehmit on thus date becauz e theiA plan .showed consttcuc tion within 250 fleet o4 Lake Cochi.chewick. Said plan encompassm Lot 56, 58 and 59 Pte"ant StAeet on a pian pnepaned by Cyn Enginee/ting SeAvices, Inc. V en y tkut y yo uu, CHARLES H. FOSTER INSPECTOR OF BUILDINGS j AND ZONING OFFICER CHF:a6 Copy to: P2ea6ant Timu Reatty Tnu�st i