Loading...
HomeMy WebLinkAboutMiscellaneous - Lot 12A Great Pond RoadR� M r *v,s,n NI 30VW O O O 'old �QUS r *'Legae- 14ofice - I TOWN OF ' NORTH ANDOVER MASSACHUSETTS BOARDOF APPEALS September 23, 1980 Notice is hereby given that the Board of Ap-cais will give a hearing at the Town Building, North Andover, on Tuesday evening the 14th day of October 1980, at 7:30 p.m., to all parties interested in the appeal of Kenneth Haphey requesting a varia- tion of Sec. 4.133 Par. C of the Zoning By Law so as to permit the construction of a driveway and normal utility lines to service amew single family dwelling on the presmises, located at the north -side of Great Pond Road and known as Lot 12A on Plan #1798 dated 7/30/80. By Order of the Board of Appeals Frank Serio, Jr. Chairmah Publish N.A. Citizen: Sept. 25, Oct. 2, 1980 *Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARDOF APPEALS ,��I"D �67 "I/ � \6N4� September 23, 1980 Notice is here.by given that the Board of ApPcais will give a hearing at the Town Building, North Andover, on Tuesday evening the 14th day of October 1980, at 7:30 p.m., to all parties interested ,in the appeal of Kenneth Haphey requesting a varia- tion of Sec. 4.133 Par. C of the Zoning By Law so as to permit the construction of a driveway and normal utility lines to service a new single family dwelling on the presmises, located at the north side of Great Pond Road and known as Lot 12A on Plan #1798 dated 7/30/80. By Order of -the Board of' Appeals Frank Serio, Jr. Chairmah Publish N.A. Citizen: Sept. 25, Oct. 2, 1980 Legal Notice TOWN OF -NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS" ZOO*- >�R T �1, September 23, 1980' Notice is hereby given that the Board of Appeais will give a hearing.at the Town Building, North Andover, on Tuesday evening the 14th day of October 1980, at 7:30 p.m., to all parties interest�d in.'.the appeal of Kenneth p Haphey requesting� -a varia- tion of 'Sec. 4.133 Par. C of the Zoning By, Law so as to ,permit the construction 'of a driveway and normal utility lines io-se'rvice a new single family dwelling on the presmises, located at the north side of Great Pond Road and known as Lot 12A on Plan #1798 dated 7/30/80. By- Order of the Boar"f ,Appeals Frank Serio, Jr. Chairmah Publish N.A. Citizen: Sept.. 25, Oct. 2, 1980 APRILM e. 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS AT " ry T CI -V See�t;ep uor .23 ...19. 30 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ... T4e 4 v. ..renin...... . the 1Yt i day of ... DOt0 or........... . 19.80 . , at7: 3%, lock, to all parties interested in the appeal of Iiennetll H phey .......... . requesting a variation of Sec. 40-33. i3r.. C .... of the Zoning By Law so as to permit.. ti1e .conct?'ncti,Qn. of. ..a.drivet:a.�r and nornal utility. lines .to, service a. 1101,1. Qin,71e. fGa7il;,r d:rellinG; ... .................................. on the premises, located at. 1?Q .ilort4 LId.e . of. Great. pond Road and .la—ioa=mAo .Lot, 1?�� on ,'I=. 1798. dat.eO .7/30/80/ By Order of the Board of Appeals Prar.1: Serio, Jr., Chai.rrn--m Publish IT.A, Citizen: September 25 and October 2, 1980 Send bill to: Kenneth Iliphey, 1159 OsCood St., ITo. And. Send 5 proofs to: Jean jlhite, Tmm Office Buildin-, IT.A. • NORih TOWN OF NORTH ANDOVER r` p MASSACHUSETTS Y _ -- -_ ___ . BOARD OF" APPEALS .,ss'1CNUSE� NOTICE: This application must be typewritten. ICATION FOR RELIEF.FROM THE-REQUIRMENTS OF THE -ZONING ORDINANCE ' ApplicantYAddress - pp DD 1'. Application is hereby m de ...f33 (a) For a variance from the requirements of Section=,Paragraph of --the Zoning By -Laws. (b) For a Special Permit under Section ,Paragraph of the Zoning By-laws.......: z A (c) As a.party-aggrieved, for review of*a-decision made-'by=the Building Inspector or other authority. - 2. (a) Premises affected are land and buildings numbered Street. = (b):_ Premises affected are --property with fronta e on the_ North S8uth -East gest side of ,Street, and known as NO. Street. (c) Premises affected are .inDi ZAning.strict i ,and the premises. affected have-. an area,. of frontage "of feet. 3. Ownership: - (a) Name and ad&esp of olianer (ifjoint owner`hip, ve 11 name s) : ). _I Date of purchase Previous owner (b) If applicant is not oimer, check his. interest in the premises Prospective purchaser -- -lessee Other (ex lain) 4. -Size of proposed front; feet deep. Height: stories; eet. �a� Approximate date of erection gAAlbOccupancy or use (of each floor): (c) Type -of Type-ofconstruction S. Size of Existing -Building.- feet front; feet deep. Height stories -eet. �a� Approximate date of erection bOccupancy or use (of each floor): (c) Type oL construction `-- 6. Has there been a previous appeal, under.zoning, on these premises: If so, when _ 7. Description of relief sought• on this petition: /o CD�/I�1lC�- _y Ly S W5 mit/ '9 'ccue 5s LA c2PR1. A/.oU/n,/, 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate NO.. Book J Page I/J7 I 9._The principal points upon which I base my application are as follows: (must be stated in detail) The literal enforcement of the no-cut_provision deprives Je ofA practical entrance to and thereby use of my land for -he p of construction of �Y_ house. a various o s have..r - o J to the drivewa • however, -the -PlA NING BOARD could net- Special a Special Permit unless we receive a variance. The construaton'o the drivew will result.in.minimal disrupti�an �o the_envir-onme and the quality of the lake. Using S an eyvi a e, - w40h is- a - r paper street, would prove a fina�cia q ip. I agree to pay or a ver is' gin newspaper and iricid'errtal expenses. Sec.,l APPLICATION FORM Every application fox._act� _:T��_ ion by .the Board shall -.be made 'ron a' a form approved by -the Board. These forms shall,be- furnished by the 2lerk upon request. Any communication purporting-tto Ue--an a { shall be treated as mere nction otice of-intentiori to leak -reiief-untilaSucch ime as it is made on the off=icial_-application -f-orm; -Al :; information: Zled for ---by the form shall --be furnished_by_the applicant in the manner :rein pre:scribed.. ,Every application11...=�'- -_. _ rrJ sha _be_ submitted with a ylist- oft Parties Ln Interest which which list shall include `the petitioner; ab tt�rs- Sf land directly opposite_ oii `any, public-'-or7_2rivate street 'or-- way andrs . )wners of land within three hundred' feet -of EE -6 -property line all as =hey appear on -.-the most rete i=,appl-3cable- tax,rl-ist:;,;.:notwithstanding that . she land of. any such owner is- located in another city -ter. town,` :the Manning board- of :the town and the planning:,boaxd: ,of every abutting city. )r town. -Every application shall be submitted -with Vali application fee ..erestient to cover the cost_ -of postage _of notice 'to _all parties ,in LIST OF PARTIES .IN_ -_INTEREST_- IAME Stella, Sobel and J. Albert_ Bradley- 165 radley 165 North St. Methuen, Mass. 01844 William and Wanda Averka _ 1857 Great Pond Rd. No. Andover, Mass. 01845 r = i William and Helen -Driaeoll 1815 Great Pond Rd ---- No. Andover, Mass. O184fi H Walter and Dorothyb - 1779 Arc amt�t�; Great Pond Rd. o No. Andover, Mass. 01845 _ _ _-_ - _ T -T . ADD ADDITIONAL SHEETS IF NECESSARY. - M V, J 3 - Al et� ;e 7 1-'/- 3 I A".-- JjLli,, 16, zk N z zn� ew, i� � �l 6L� � r� or -A-41- /A v a44,1 i September 16, 1931 Mr. Kenneth Haphey 11.59 Os000d Street North Andover. "ass. 01845 Dear r. llinhey: At its September 15, 1981 meeti nR , the Board of Appeals reviewed your request for an extension of the variance granted for Lot 12A on Carsat Pony! Road. y D.ccordi ng t^ Nass. renerf,l Law. C'zipter 48, Section 10, the expiration periol for a variance is one ,near, after whicl anomer public hearing !gust be held. Therefore, if construction does not cormence on or before October 34, 1981, you rust re -apply for this v- ri ance throunh the Board of Appeals. Sincerely, BOARD OF APPEALS Frank Serio, Or., Chairman FSjw b gORTF1 O L N 9 SACMUS t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Sir: October 24, 1980 Kenneth Haphey 1159 Osgood St. Premises affected: Great Pond Rd. Petition No. 24—'80 A public hearing was held by the Board of Appeals on October 14, 1980 upon application of Kenneth Haphey requesting a variance from the no—cut provision in the By—Law so as to permit the construction of a driveway and normal utility lines in the watershed district. The hearing was advertised in the North Andover Citizen on September 25 and October 2, 1980 and all abuttors were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice -Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Augustine Nickerson. The petitioner seeks a variance from the provisions of Section 4.133 (30), Watershed District, of the Zoning By—Law to enable him to construct a driveway. According to evidence presented by the petitioner, he intends to construct a dwelling on property owned by him which has been in his family for many years. The variance is required since he must cut some brush and possibly trees within the "no cut buffer zone" set forth in the By—Law. The dwelling is not located in the zone. Upon a motion made by Mr. Sullivan and seconded by 14r. Frizelle, it was voted to grant the variance as requested by the petitioner subject to the condition that the driveway be no wider than 15 feet. In granting the petition, the Board finds that each of the provisions set forth in Section 10.4 of the By—Law have been satisfied. In particular, due to the size and shape of the parcel of land and the necessity of a driveway in the no -out zone to reach the dwelling, there is a hardship to the petitioner. Very truly yours, BOARD OF APPEALS. f AEF/iw 0, r\ Frank Serio, Jr., Chairman ^ d NpRT� . .� 1.• AVAIL M i 4 •• �8sg , TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION October. , 1980 Date ..................16......... Petition No... �4-' 80 ............. Date of Hearin g.....Oct ober 14 1980 ...........�.. Petition of ....... Kenneth. Haphey.... . .. . ................. . ............................ Premises affected .......Land. on. north. side. of.Great. Pond Road ................... Referring to the above petition for a variation from the requirements of the .. North Andover. Zoning .BY—Law.,..Sec.. 4.• 1.33} . Paragraph. C .............. . .............................. so as to permit .. the .construction. of .a .drivewey .end_ normal. utility. lines. to . service a. new .single. family. dwelling ....................................................... After a public hearing given on the above date, the Board of Appeals voted to .... GRANT .. the ..variance .......................... and hereby authorize the Building Inspector to issue a permit to ..... Kenneth Haphey . ........... . ............................................ for the construction of the above work, based upon the following conditions: The driveway will be no more than 15 feet in width. Signed Frank .Serio.,. Jr., Chairman. _ ... . ...... Alfred .E.. Fri.zelle, . Esq..,..Vice-Chairman ...... Richard. Trepanier, . Esq..,. Clerk_ .... William. J.. ;3ullivc-91 ........ : ... . Augustine. Xicicerson............. Board of Appeals 17 18 1� TOWN OF NORTH ANDOVER MASSACHUSETTS BOr'1t--D .OF 'fCMUSE 000 0° NOTICE: This application must be typewritten.ry so 50°APPLICATION FOR RELIEF FROM THE• REQUIRMENTS OF THE ---ZONING ORDINANCE Applicant Ken Haphey Address 1159 Osgood Street 1'. Application is hereby made. (a) For a variance from the requirements of Section 4.133, Paragraph C of --the Zoning By -Laws. 0 (b) For a Special Permit under Section ,Paragraph of the Zoning By -Laws ._ ,: A c As a- art a rieved for review of*a decision made -_!b the Buildin (�) P Y� gg , Y' g Inspector or other authority. _ ; 2. (a) Premises affected are land x- and buildings numbered Street. = (b),: Premises affected are= property with frontage on the- North XX South .East t-test side of Great Pond Roan Street, and known .as NO. Street. (c) Premises affected are in.Zoning.District R.2 and the premises• affected have_. an area, of 22acresand frontage of 199 feet. 3. Ownership: (a) Name and address of oimer (if joint ownership,give all nanies): .Sophie Haphey 1159 Osgood St., No. Andover, Mass. Date of purchase Previous owner Stanley-Stefanowicz (b) If applicant is not owner, check his interest in the premises: Prospective purchaser - -Lessee X Other (explain) Son of owner Driveway 4', -Size of proposed 4CF front; feet -deep.. Height: stories; eet. a) Approximate date of erection Immediatel b. Occupancy.or use (of each floor : (c) ype of construction 5. Size of Existing- Building: feet front; feet deep. Height stories eet. �a Approximate date of erection b� Occupancy or use (of each floor : (c) Type o� construction 6. Has there been a previous appeal, under zoning, on these premises: If so, when 7. Description of relief -sought -on this petition: To construct a driveway to use as an access to said property.as listed in Book No. 839, Page 137 at Registry of Deeds. Aslo, to have normal utility lines in order -to service a new family dwelling. 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate NO.. Book 839 Page 13Z • i 9. -The principal points upon which I base my application are as follows: (must be stated in detail) a The literal enforcemitnt of t rovision deprives me of a practical entrance to and thereby use of ray land for the purpose of construction of my house, could not of the drivewa .a havA o the driveway; however the -Planning Board. a Special Permit unless we receive -a variance. -V=cozWi-ri'ction. . will result in minimal disruption to the environmeA_and the quality of the lake, ' lle Lane which- is -;a gaper street, wotiild _ prove a financial ar&; ' I agree to pay fo advert's' gin newspaper) and iris"icerrtal -expenses. ('Petitioner -9. -Si .nature_) Sec,,1 APPLICATION FORM •��- Every application.fp-r action by the Board -shall be madeon a form approved by -the Board. These forms shall be -furnished by the>_. clerk upon request. Any communication pu-rporti g�o-Ue an application shall be treated as mere notice of -intention to- seak_rel-ief_;until -such time. as it is made on the .of£f-'icial=application-',f%_A1 :,-info?-rnatibn: called for:; by the form shall. be VIP --the applicant in the manner herein prescribed.. Every application ,� i1 :.:� = f _...:,_. slza be�_submitted with a vlist ofV Parties Interest. which list shall include the petitioner,- a—b—d - land directly opposite ori any, public' -or, p-ryvate .street-or--*way-andrs oianers of land within three hundred. feet of Oie- property line all as they appear on. the most receri-- app 11cable, tax r-list;,;:notwithstanding that. ale land of . any such owner is located in another city -or. town;' :the planning board.of-.the town and the planning boatA,of every abutting city or town. -Every application shall be -submitted-withWari application fee sufficient to cover 'the cost of postage of notice to all parties in,,in- cerest.' - - LIST OF PARTIES IN_;INTEREST_- - _,-� JAME_ADDRESS - ,^. Stella Sobel and' J. Albeft- Bradley - -- - _ 165 Nortb St. _ . Methuen, Mass. 01844 William and Wanda Averka, 1897 Great Pond Rd. 'No. Andover, Mass. 01845 ADD ADDITIONAL SHEETS IF NECESSARY.. William and Helen Driscoll 1815 Great Pond Rd.----= = - - - _ No. Andover, Mass. 04-84-5- Walter and Dorothy Archambault- rchambault;1779 1779Great Pond Rd. i arsr . • .. ; _ - __ o No. Andover, Mass. 01845 - , -, -_ ADD ADDITIONAL SHEETS IF NECESSARY.. BUILDING INSPECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS BUILDING DEPARTMENT Board of Appeals Town Office Building North Andover, Ma. Re: Kenneth Haphey Petition Gentlemen: Octbber 14, 1950 Mr. Haphey was refused a building permit because of the requirements of the Watershed District in the Zoning By—Law and was referred to the Planning Board for a special permit. However, the Planning Board felt that they could not grant the special permit and they referred Mr. Haphey to the Zoning Board of Appeals. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CBF: ad E NORTH q Q ttlf0 Ibf MO O p %1,9SSgC�Nus�tgh i r ,j • 1855 ; q•� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date ........ October. 16, 1980 Petition No... .24-180 ............. 1 Date of Hearing ........Oct.o....ber.4, 80 .1... 9 Petition of ....... Kenneth_ Haphey ............................ Premises affected ....... Land on the north side of Great Pond Road ....................................................... Referring to the above petition for a variation from the requirements of the .. North Andover. Zoning .By-Law.,..Sec..4A 1.33} . Pa's'&pi?. G ............................................ so as to permit .. the .construction. of .a .driveway _and. normal. utility, lines. to. service a new .single. family. dxelling....................................................... After a public hearing given on the above date, the Board of Appeals voted to .... GRANT .. the ..variance .......................... and hereby authorize the Building Inspector to issue a permit to .....Kenneth Haphey. ............................................ for the construction of the above work, based upon the following conditions: The driveway will be no more than 15 feet in width. Signed .. . ...Frank Serio,,. Jr., Chairman .... Alfred .E.. Fr.zelle, . Tsq.., .Vice --Chairman ...... Richard. Trepanier,.Esq..,. Clerk ... William. J.. Sullivan ............. Augustine. Nickerson.......... .. Board of Appeals f i o cid p v�Mr 00 o f o cid p v�Mr 00 o Cd 0 0 A P� ani o Id r y W (1� Ci Sw � , ' . P f h1flifi HIH TOWN OF NORTH ANDOVER MASSACHUSETTS i NORTH O`tt eco �6 'qq.0 F m P SSACMUSES Mr. Frank Serio, Jr., Chairman Board of Appeals Town Office Building North Andover, Mass. 01845 October 8, 1980 Re: Petition #24-180 — Kenneth Haphey — Variance from "No—Cutt' Buffer Zone Dear Mr. Serio: At its October 6, 1980 meeting, the Planning Board discussed the above captioned petition, On a motion made by Mr. Michael Roberts and seconded by Mr. John Burke, it was voted unanimously to notify the Board of Appeals that the Planning Board has rejected the Haphey application, and as a Board felt that it should be reviewed by the Board of Appeals because of a marginal conflict with the zoning Rules and Regulations. As a result, the Planning Board could not approve the plan. Attached please find correspondence from Mr. the Planning Board, explaining in more detail this petition. jw William Chepulis, Chairman of what has transpired to date on Very truly yours, PLANNING BOARD Paul A. Hedstrom, Esq. Vice—Ghairman