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Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE
ttoR th
0 December 4, 1985
Notice is hereby given that
0 the Board of Appeals will give a
hearing at the Town Building,
North Andover, on Tuesday
evening, the 14th day of
January, 1986, at 7:30
SSACH05 o'clock, to all parties in-
terested in the appeal of
Joseph Desilets, 27 Cambridge St., Lawrence, MA re-
questing a Special Permit of Sec. 4 par. 133 of the Zoning
By Law so as to permit alterations and construction within
the 100' restriction of a tributary of Lake Cochickewick on
the premises, located at Essex Street, North Andover, MA.
By Order of the Board of Appeals.
Frank Serio, Jr., Chairman
Publish N.A. Citizen: December 12 and 19, 1985 g12
Order Early For
Center
Send a Poinsei
or for an unusual gift we have
Noble fir trees, Boxwood trees, E
variety of Christm
FTD Holiday special
b
r
Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE
'
04 "°Fr" 1ti December 4, 1985
• V '• ;� Notice is hereby given that
F p the Board of Appeals will give •
hearing at the Town Building,,
North Andover, on Tuesday
evening, the 14th day of •
ass^�'��SE� January, 1986, at 7:30
o'clock, to all parti es
in-
terested of
in the appeal
Joseph Desilets, 27 Cambridge St., Lawrence, MA re -
queuing a Special Permit of Sec. 4 par. 133 of the Zoning
By Law so as to permit alterations and construction within
the 100' restriction of a tributary of Lake Cochickewick on
the premises, located at Essex Street, North Andover, MA.
By Order of the Board of Appeals.
Frank Serio, Jr., Chairman
Publish N.A. Citizen: December 12 and 19, 1985 g12
Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE
OORTN
December 4, 1985
Notice is hereby given that
the Board of Appeals will give a
hearing at Me Town Building,
North Andover, on Tuesday
evening, the 14th day of
Ss January, 1986, at 7:30
o'clock, to all parties in-
terested in the appeal of
Joseph Desilets, 27 Cambridge St., Lawrence, MA re-
questing a Special Permit of Sec. 4 par. 133 of the Zoning
By Law so as to permit a!terations and construction within
the 100' restriction of a tributary of Lake Cochickewick on
the premises. located at Essex Street, North Andover, MA.
By Order of the Board of Appeals.
Frank Serio, Jr., Chairman
Publish N.A. Citizen. December 12 and 19. 1985 012
With all the extra expenses winter bring
the IRS pay yqu?
Right now we're entering cur busiest se
tax examiners to join us. Othese positii
ness, and to correct obvious errors. Yot
ent discrepancies and/or gather missir
P,ese are full time positions, Monday t
ia- -ary Starting salary is $247 per we
fqr,c! -1 a! �or hours %yor�ed after 6 pm. A
a ,ai vacation, sick leave, holidays a
0
13
ArnILM
CFH4� at
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
December .4 ..... 19 8.5
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on. Juesday
evening ....... the ...14 day of ... January ....... ...
19, , 8%, at. 7 :. 3 O'clock, to all parties interested in the appeal of
..Joseph.])egilets.,..27.Cambridgq.St., Lawrence, .... .. ........ .......... ... ....
Speci.ajPer pAt
requesting a vanation 0 ec.. 4:.. par...133.... , of the Zoning
By Law so as to permit.. alterations ... and. construction within
the 100' restriction of a tributary of Lake
CbchicIdwick ........................................
.... .................................................
.................. I ........ ......................
......................................................
.o on the premises, located at.. Essex.Strg.et,.North.Andover, MA
.. ..... ........
........................................ ........
By Order of the Board of Appeals
Frank Serio, Jr. Chairman
Bill'to: Joseph Desilets
27 Cambridge St., Lawrence, MA 01843
Publish in North Andover Citizen: 12/12 and 12/19/85
6
Legal Notice
TOWN OF NMTH ANDOVER
BOARD OF APPEALS NOTICE
0ORtpi
December 4. 1985
Notice is hereby given that
0
0
the Board of Appeals will give a
hearing at the Town Building
North Andover, on Tuesday
evening. the 14th day of
January. 1986. at 7:30
O'clock, to all parties in-
terested in the appeal of
Joseph Desilets. 27 Cambridge St.. Lawrence, MA re-
questing a Special Permit of Sec. 4 par. 133 of the Zoning
By Law so as to permit alterations and construction within
the 1130 restriction of a tributary of Lake Cochickewick on
the premises, located at Essex Street, North Andover, MA.
By Order of the Board of Appeals.
Frank Seno, Jr., Chairman
Publish N.A. Citizen: December 1, 2 and 19. 1. 985 g12
Er
With all the extra expenses wirTter brings
the IRS pay yQu?
Right now we're entering our busiest seas,
tax examiners to join us. In these positiont
ness, and to correct obvious errors. You w
ent discrepancies and/or gather missing ir
T�,ese are full time Positions, Monday thrc
J . arijary Starting salary 's $24 7 per week
te—o jai for hours �-/o,�(cd a �t-,6 Pr-.. Xnd
a , --a: vacation, sfcK :e eve, holidays and
Y •�
Joseph Desilets
27 Cambridge St.
Lawrence, MA 01843
O
D
TOWN OF NORTH .ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Date:
- De cemlore-r-1-6-7-1-9 8 5
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $31� for the following:
Filing Fee $ 25_nom__
Postage
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, Mars. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk
0
MUM 80A80
TOWN OF NORTH ANDOVER
MASSACHUSETTS
f NORTH 1
3Al
.$"'ac ,6. X00
O Z.
1q �.
�1SSACMUSEt
December 27, 1985
Board of Appeals
Mr. Frank Serio, Jr., Chairman
Town Hall
North Andover, Ma. 01845
RE: Lot 1 Essex Street - Desilets
Dear Chairman Serio:
The purpose of this letter is to inform you and your board that this
application before your board regarding Lot 1 Essex Street was previously denied
by the Planning Board on March 20, 1985, and was subsequently appealed under
M.G.L. Chapter 40A, Section 17 on April 11, 1985. Item 7 of the application indicates
that no previous appeal under zoning has been applied for, when in fact it was
applied for through the Planning Board on November 15, 1984.
I find it quite unusual seeing the Planning Board deny a Special Permit and
then process the same application a year later requesting the same Special Permit
through the Board of Appeals. According to M.G.L. Chapter 40A, Section 16,
No appeal, application or petition which has been acted unfavorably
and finally acted upon by the Special Permit granting authority shall
be acted favorably upon unless said Special Permit granting authority
finds specific and material changes in the conditions upon which the
previous unfavorable action was based.....
I hope that this information will help your board to render a decision. If you
need any further material or imput, contact me at my office.
�Yours truly, "
aren e so
Town Planner
enc.
cc: Conservation Commission
Town Counsel
Board of Health
.; REMYED It 0
13APIELLONG MUM 80
TOWN CLEP' ��yrT OF NORTH ANDOVER
HQRTil,b.h�u MASSACHUSETTS
OMD o'h •
O SC� P
t �
NOTICE OF DECISION
Any appeal shall b6 t1W
Within (20) days tNlp W
date of filing of thla Wit
In the Office of the. :bW
Clerk.-�""—
Date . ,March .20. 1985.. _ ...... , . .
Date of Hearin -January 21, 1985
..
Joseph Desilets
Petition of , , , , , , ... ..... . ...... . .......... . ......... , ... .
Lot
Premises affected , , .. ,1 Essex Street .. . ............ .... , ........ , . , .
Referring to the above petition for a special permit from the requirements
of the ...............Zouing.ByJaw.,. $,es:riRn .4•.j33(.(j) ..........................
so as to permit ......the .CQnstfiijcUoP. Of .a Brim%4Y .and .dWOUP9 . ..... .
within one hundred (100) feet to a watershed tributary
After a public hearing given on the above date,- the Planning Board voted
to DENY .......... theSPECIAL,PERMIT....................................... .
SEE ATTACHED DECISION
' ATTEST:
A True Copy
4
Tovrn Clerk ` ATT% ST:
A True Copy
Town Ci.
c
based upon the following conditions
Signed-
MichaelP.Roberts,ViceChairman
... . . , .
John A. James, Jr., Clerk
................................
Erich W. Nitzsche
.... ............................
John J. Burke
................................
•'�'�����>'lanning �Board��������
r
The North Andover Planning Board held a public hearing on
Monday evening, January 21, 1985, in the.Town Office Meeting Room
upon the application of Joseph Desilets. The hearing was advertised
in the North Andover Citizen on December 13 and, 20, 1984. The
following members were present and voting:Paul A. Hedstrom,
Chairman; Michael P. Roberts, Vice Chairman; John A. James,
Jr.,Clerk; John J. Burke; Erich W. Nitzsche.
The petitioner seeks a Special Permit under Section 4.133(d) of
the North Andover Zoning Bylaw which requires a Special Permit to
allow construction to occur within 100 feet of a tributary in the
Lake Cochichewick Watershed. The premises is known as Lot 1, on the
East side of Essex Street. The lot is both situated in the
Residential 2 and Watershed Zoning Districts. Said lot possesses
44,014 square feet of land area and 150 feet of frontage on Essex
Street.
At the hearing, Mr. Joseph Cushing, the applicants representative
from Richard F. Kaminski Associates informed the Planning Board the
following:
- In order to meet the proper setback requirements for both the
dwelling and septic system, the lot shape hampered their placement
further away from the existing brook. However, they have been
located at the -furthest possible point.
- There is an existing woodland path where the proposed
driveway is to be located.
- The subsurface disposal system satisfies Title V and the
local Board of Health regulations.
- The system will be pumped, and will not be bygravity.
- The driveway will remain at the present grade. A 12 inch
corrugated metal pipe will be placed at the driveway crossing.
- Riprap will be placed on the upstream and downstream side of
the 12 inch pipe.
0
Any appeal shall
be filed
v MUM fflfl
within (20) days
after the
TOWN OF NORTH ANDOVERdate
of filing of this Notice
MASSACHUSETTS
In the Office of the Town
Clerk.
,
NORTIy
O L
'S1 bo...o •I•ty .
SA must.
March 20, 1985'
-
�
z
Mr. Daniel Long, Town C1 erk�+zc
ry
o -4 C3
,M
Town Office Building
North Andover, Ma 01845
z -<
or*•o v
Re: Joseph Desilets - Lot 1 Essex Street
M'`"
Special Permit Watershed District
p
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Monday evening, January 21, 1985, in the.Town Office Meeting Room
upon the application of Joseph Desilets. The hearing was advertised
in the North Andover Citizen on December 13 and, 20, 1984. The
following members were present and voting:Paul A. Hedstrom,
Chairman; Michael P. Roberts, Vice Chairman; John A. James,
Jr.,Clerk; John J. Burke; Erich W. Nitzsche.
The petitioner seeks a Special Permit under Section 4.133(d) of
the North Andover Zoning Bylaw which requires a Special Permit to
allow construction to occur within 100 feet of a tributary in the
Lake Cochichewick Watershed. The premises is known as Lot 1, on the
East side of Essex Street. The lot is both situated in the
Residential 2 and Watershed Zoning Districts. Said lot possesses
44,014 square feet of land area and 150 feet of frontage on Essex
Street.
At the hearing, Mr. Joseph Cushing, the applicants representative
from Richard F. Kaminski Associates informed the Planning Board the
following:
- In order to meet the proper setback requirements for both the
dwelling and septic system, the lot shape hampered their placement
further away from the existing brook. However, they have been
located at the -furthest possible point.
- There is an existing woodland path where the proposed
driveway is to be located.
- The subsurface disposal system satisfies Title V and the
local Board of Health regulations.
- The system will be pumped, and will not be bygravity.
- The driveway will remain at the present grade. A 12 inch
corrugated metal pipe will be placed at the driveway crossing.
- Riprap will be placed on the upstream and downstream side of
the 12 inch pipe.
0
A -
Two abutters, Mr. Leary and Mr. Scully, indicated to the Board that
the referred 'woodpath' never existed and that it .had been
constructed in the recent past -without the proper permits.
The Planning Board acknowledged the abutters remarks"tind will make a
visit to the site to look at the present conditions.
The following members were present and.voting at the March 13, 1985
meeting when the Board rendered the decision: Michael P. Roberts,
Vice Chairman; John a. James, Jr., Clerk; John J. Burke, Erich W.
Nitzsche.
Upon a motion made by Mr. Nitzsche and seconded by Mr. Burke, the
board voted unanimously to deny the petition and PLAN DATED NOVEMBER
15, 1984 BY RICHARD F. KAMINSKI & ASSOCIATES, INC. FOR LOT 1 ESSEX
STREET for the following reasons:
1. The applicant has not demonstrated that the construction of the
dwelling, driveway and septic.system, in addition to the associated
alteration of the land around the wetland tributary will have no
environmental impact on the tributary and watershed;
2. The applicant has not demonstrated to the board that there is
no other alternative to gain access to the site. The applicant and
engineer have not pursued any other options;
3. No drainage calculations were submitted to the board indicating
that the driveway would not create a damming effect on upstream
flooding.
In denying this Special Permit, the Planning board finds,
pursuant to Section 10.31 Conditions for Approval of Special Permits
of the Zoning Bylaw, the following:
A. Lot 1 Essex Street has not been determined as the most
appropriate location for the construction of a driveway, since it
crosses a watershed tributary;
B. The residential use in the Watershed District as shown on the
submitted plan does not ensure that the development will not
adversely affect the neighborhood. The applicant has failed to
prove otherwise;
C. " Based on site visits, the public hearing process and testimony
from town boards•.and departments, the location of the use and access
to the site is not in harmony with the general purpose and intent of
the North Andover Zoning Bylaw, specifically, Section 4.133:
r
'Watershed District surrounding Lake '
Cochichewiek, 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.'
Michael P. Roberts
Vice Chairman
MPR/kn
cc:
DEQE
Fire
Highway
Conservation
Public works
Police
Board of Health
Building
Applicant
Engineer
File
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High liquid level alar
DISTRIBUTION
SOX . , r. separate enclosure, wi
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Received by Town Clerk:
PIIVC y t.
TOWN OF NORTH ANDOVERQU�WISA OW
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Joseph Desilets Address 27 Cambridge St-, Lawrence, MA
1. Application is hereby made:
a) For a variance from the requirements of Section Paragraph
and Table of the Zoning By Laws.
b) For a Special Permit under Section�_Paragraphl33 of.the Zoning
By Laws. r
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
Essex Street Street.
b) Premises affected are property with frontage
rontStreetgon the North ( )
South ( ) East (X) West ( ) side of
Essex Street, and known as No. Lot 1 Essex St. Street.
C) Premises affected are in Zoninft�lcfeet2 andnfrontageemo�ses
44 the
affected have an area of 014 quare
150 feet.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Joseph H. & Elaine C..Desilets
Date of Purchase
10/30/84 previous Owner Janet Burns
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
4. Size of proposed building: 48 front; 28 feet deep;
Height 2 1/2 stories; 26 feet.
M
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) 'Type of construction:_
Spring/Summer 1986
Wood Frame
Residential
5. Size of existing building: N/A ' feet front; feet deep;
• Height_ stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
6. Has there
been a
previous
appeal, under zoning, on these premises?
NO
If so,
when?
7. Description
of relief
sought on
this petition:
---- - Alteration of the parcel for construction of a single family dwelling &'associated
utilities including a subsurface disposal system. A special permit is required because
the proposed alterations and constructions are within 100 feet*of a tributary of
Lake Cochickewick.
RM
Deed recorded in 'the Registry of Deeds in Book 1885 Page_
Land Court Certificate No. Book Page
340
The principal points upon which I base my application are as follows:
(must be stated in detail) t
1. The proposed alterations allow for the development of a parcel of land in conformance
with the -town land -use plan tor the area.
2. The access drive and.brookcros ng are along an existing woodland path.
3. The subsurface disposal system plan has been approved by the N. Andover Board of Health
4. The construction plan has been accepted by the N: Andover Conservation Commission
I'agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
f, I �., 4L,,-', //,,,,/,II/Z-
gnature of PetiNtioner(s)
��A
Every applicatiofor action by -the Board shall be made on a form approved
by the Board. ese forms shall be furnished by the Clerk upon request.
Any communicati n purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it isAnade 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
abutters within three hundred feet (300') of the property line of the
petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be 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.
Every application shall be submitted with a plan of land approved by the
_ Board. No petition will be brought before the Board unless said plan has
been submitted. Copies of the Board's requirements regarding -plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name
/ Joseph H. & Elaine C. Desilets
Robert q. & Raymond C. Dill
v Stephen J. & Diane L. Scully
Andrew J. & Jane L. Hart
Dani�l L. & Joan M. Desmond
Will L. & Elizabeth Sullivan
Frank A. & Priscilla J. Rydstrom
StVphen A. & Josephine A. Rossello
Guy�f. & Zita J. Murgo
m/ace H. & Andrea P. Irvine
(use additional
Address
27 Cambridge St., Lawrence, MA
949 Great Pond Rd., N. Andover, MA -
Essex St., :d. Andover, MA
'1001 Great Pond Rd., N. Andover, MA
1011 Great Pond Rd., N. Andover, MA
1027 Great Pond Rd., N. Andover, ?A
32 Essex St., N. Andover, MA
52 Essex St., N. Andvoer, MA
70 Essex St., N. Andover, MA
1046 -Great Pond Rd., N. Andover,
sheets if necessary)
Michael & Carol Leary 57 Essex St., N. Andover, MA
PLAN OF LAND TO ACCOMPANY PETITION
0
Each application and petition to the Board shall be accompanied by
five (5) copies of the following described plan:
The size of the plan shall be 11 x 17, drawn to scale, 1 inch
equals 40 feet; it shall have a north point, names of streets,
zoning districts, names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties. The
location of buildings or use of the property where a variance is.
requested and distances from adjacent buildings and property lines
shall be verified in the field amd 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
shall 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,
brook, or river, shall be shown on the gngineering plan. When a
variance is requested to subdivide a parcel of -land, the dimen-
sions and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the 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 Appeals.
If living quarters are to be remodeled, or areas are to be
converted into living quarters, in addition to the plot -plan, five
(5) copies of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling 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 a1.1 existing work. All
proposed work shall be shown'in red., The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
All plans and elevations presented with .the petition shall remain
a part of the.records of the Board of Appeals.
For petitions requesting variation(s) from the provisions of
Section 7, Paragrpahs 7.1,.7.2, 7.3, and 7.4 and Table 2 of the
------ Zoning By Law for conveyance purposes only, a plot plan, certified ;
by a registered engineer or land surveyor, of the 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, 1977.
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 for the issuance of a building permit.
3. The size of the plan shall•be no smaller than 8 1/2 x 11
inches and must show the existing area of the parcel, the
existing frontage, and the existing setbacks of the
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 public hearing, and
date of approval.
Richard F. Kaminski & Associates, Inc.
December 3, 1985
Assessor's Office
Town of North Andover
North Andover Town Hall
Main Street
North Andover, MA 01845
Dear Sir:
Please certify the following abutters to the parcel shown on the
enclosed plan:
Robert S. & Raymond C. Dill ZV
949 Great Pond Rd.
North -Andover, MA 01845
Stephen J. & Diane L.Scully
Essex St.
North Andover, MA 01845
Jane L. & Andrew J. Hart
1001 Great Pond Rd.
North Andover, MA 01845
(DA��L. & Joan_M.—Desmond_
1011 Great_Porid�Rd.
No th-Arima verMA 01845
Willi -am -L. & Elizabe h 'Sullivan
1027 �h�GreatPond,Rd.
J \ NoT-tndover, MA0.1845
� Frank A. & Priscilla J. Rydstrom
32 Essex St.
North Andover, MA 01845
%NpEssex
len-A., & Josephine A._Rossello
St.
N� th_Andover, MA`'01845
Architects 0 Engineers o Surveyors o Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
s
Assessor's Office
December 3, 1985
Page 2
Guy T. Zi..tA J. Murgo
70 Esse .
North4ndover, MA 01
F
ace H. & Andr aeP. Irvine
6 Greats th lover, 0hael & Carol Leary `
57 Essex St.
North Andover, MA 01845
If I may be of further assistance to you in this matter, please
do not hesitate to.call.
Sincerely,
Richard F. Kaminski & Assoc., Inc.
T
JBC/ncr
cc: Joseph Desilets
Atty. William Sheridan '
CA
JBC7 81
Architects ❑ Engineers ❑ Surveyors ❑ Land Planners
200 Sutton St., North Andover, MA 01845, (617) 687-1483
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ti oe•NORTy��
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
i
BOARD OF APPEALS
NOTICE OF DECISION
Date .. JanuarX 22, 1986
Joseph Desilets Petition No.63-.85
. .................
27 Cambridge St.
Lawrence, MA 01843 Date of Hearing. January 14 , 19 86
Petition of ...... Jos.eph Desilets, 27 Cambridge St., Lawrence, MA 01843
......... .............
Premises affected ..Lot 1, Essex S t . , North Andover, MA
...........................
Referring to the above petition for a XwAkil rom the i�uirements of the . S e•c t i•o n • .4 ,
Paragraph. .13.3....................................................................
so as to permit .development. of. .a . p.arcel..of..land. in. cgnformance . with. thp town
land -use plan for the area. Access drive and brook crossing are along
• an. existing. woo.dland.path. ...Th.e. s.ubs.urface..di.spasal. sy.ste.m. plan .has been
approved by the'Board of Health and Conservation Commission.
After a public hearing given on the above date, the Board of Appeals voted to .. W.ITHDRAWthe
...PETITION ........................ 2Md ft b$ =121¢iiC MW WIMI; 7IS9tibOM, Z(% 10{W A
FqM2Ako{... MoUon . made. by -Mr... Fri zel.le. and. .se.conded..by..Mr....Vevenzio . that
the petitioner be allowed to withdraw without prejudice.Unanimous vote.
Q;Q�Ig}QRh�>?P�4X?1?�2¢]��[?�ia,Cbl4dsX Section 10.9
Any petition for a variance which has been transmitted to the Zoning Board of
Appeals or any application for a Special Permit which has been transmitted to
the Planning Board may be withdrawn, without prejudice, by the petitioner prior
to the publication of notice of a public hearing thereon, but thereafter be
withdrawn without prejudice only with approval(majority vote) of the Zoning
Board of Appeals or Planning Board respectively.
Signed
FrankSerio, Jr. Chairman
...........................................
Alfred Frizelle, ..Esq. , Vice-chairman
...... _ . Augustine Nickerson, Clerk
...... William Sullivan
...............................
Raymond.V.ivenzio...................
Board of Appeals
Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
Dear Mr. Long:
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 22, 1986
Joseph Desilets
27 Cambridge St.
Lawren.ce, MA 01843
The Board of Appeals held a public hearing on Tuesday evening, January
14, 1986 upon the application of Joseph Desilets. The hearing was ad-
vertised in the North Andover Citizen on December 19 and December 24,
1985 and all abutters were notified by regular mail. The following
members were present and voting: Frank Serio, Jr., Chairman, Alfred
Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William Sullivan
and Raymond Vivenzio.
The petitioner seeks a special permit
Paragraph 133 of the Zoning By Law so
of land in conformance with the town
drive and brook crossing are along an
surface disposal system plan has been
Conservation Commission.
from the provisions of Section 4,
as to permit development of a parcel
land -use plan for the area. Access
existing woodland path. The sub -
approved by the Board of Health and
Motion made by Mr. Frizelle and seconded by Mr. Vivenzio that the petitioner
be allowed to withdraw without prejudice. Vote unanimous. Section 10.9
reads as follows: Any petition for a variance which has been transmitted tc
the Zoning Board of Appeals or any application for a Special Permit which he
been transmitted to the Planning Board may be withdrawn, without prejudice,
by the petitioner prior to the publication of notice of a public hearing
thereon, but thereafter be withdrawn without prejudice only with approval
(majority vote) of the Zoning Board of Appeals or Planning Board respective]
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr., Chairman
/awt
TOWN OF NORTH ANDOVER, MASSACHUSETTS
6 OFFICE OF
CONSERVATION COMMISSION
b
t l
TO: Planning Board
FROM : Willie Vicens, Chairman
RE: Lot 1 Essex Street
DATE: December 24, 1985
TELEPHONE 683-7105
The purpose of this note is to provide you with our input on the upcoming
watershed special permit request for the above noted project. The NACC issued
an Order of Conditions on this lot 'last May 6, 1985 with two special conditions:
1) a not cut buffer zone within 30 feet on each side of the brook (except for the
driveway crossing), and
2) increased capacity for the culvert under the driveway. In our judgement,
the limited work on or near the wetland resource areas on the site met the
performance standards of the Wetlands Protection Act and Town Bylaw.
We made no judgement , and obviously have no jurisdiction; over matters
relating to the subsurface disposal system and/or watershed permits.[ In fact,
the SSDS as designed may be closer than 100 feet to the large wetland on the
upstream side of the proposed driveway].
If we can be of further help, please let Tracy Peter or me know.
cc: Board of Health
Board of Appeals
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