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HomeMy WebLinkAboutMiscellaneous - Lot 14 Great Pond Road (2)Cl Varian _/Special �o(1ct jZc� ��$ APPLICATION FILED CN:: / DECISION DUE ®N:______ r � F t F . 1 1 OxfoFd 0 ESSELTE MADE IN U.S.A. NO. 752 113 O • 0 7.0� Legal Notice TOWN 0;1' NORTH ANDOVER' UARD OF APPEALS NOTICE of 0 7 SACHUS May 21, 1985 Notice is hereby given that the' Board of Appeals will give a hearing a the Town Building, North Andover, on Monday �vening, the 10th day of June 985. at 7:30 o' 'Clock, to all par- ies interested in the appeal of (ENNETH DAHER requesting a 'pecrial Permit under Section 4, lar. 4.133(d) of the Zoning By Aw so as to permit the con. Aruction of a driveway within 150 feet of Lake Cochichewick, ind 100 feet from a tributary on 'he Premises, located at the south, side of Great Pond Road known as Lot 14, Great Pond Ad. By 9rder of the Board of Ap.,-, Frank Serio, Jr. I Chairman Publish WA. Citizen: May 23_' and 30, 198.5 g 13 L egal Notice 7____tdWN —OF NORTH ANDOVER BOARD OF APPEALS NOTICE May 21, 1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, On Monday evening, the 10th day of June 1985, at 7:30 o'clock, to all par- ties interested in the appeal of KENNETH DAHER requesting a Special Permit under Section 4, Par. A.133(d) of the Zoning By Law so as topermit the con- struction of a driveway within 250 feet of Lake Cochichewick, and 100 feet from a tributary on the —premises, located at the South. side of Great Pond Road known as Lot 14, Great Pond Rd. By Order of the Board of Ap- peals.' Frank Serio, Jr. Chairman Publish N.A. Citizen: May 23 and 30, 19815 - g13 m 687401 �Qlo Q �-" Q kmorial E I ekend Sic a 2- 1! itorewid athing Suits not- inclu( Thurs., Fri., Sat. M a y 2 3, 2 4.); 425 YOUNG FASHIONS 93 MAIN STREET ANDOVER, MA le�-% �-A- �-o- lo� r' `r f N0 e 1-. APa1L7" 1* 1 • � iaaa �Cp,�• _ ►�}�ACH135, � {j }�TTTfTTr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICI ...May . 2.1 .......1985. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on... Monday., :evening ....... the .10 thday of :...... June .......... 19. 8 5 , at. 7 :.3*lock, to all parties interested in the appeal of ......KENNETH.-DAHER...................... requesting arr)okSo x.xxxxxxxxxxxxx)ofct tmt ingx . >BWJzwSGm&dmT=n3ik _Special. -Permit.un.der..Se.ction 4,. Par... .4...13.3..(d).. of. the..Zon.ing..B,•..Law..so as to. permi't..the . construction. of. a.. d. -iveway within ,250..feet. of. Lake .Cochichewick and 100 feet .... from a tributary on the premises, located at. the.side c f Great Pond . Road, known. as . Lot..14, Great Por 1 pd. By Order of. the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Citizen: May 23 and 30, 1985. Send bill to: Kenneth Daher, 85 Swan St. ' Methuen, MA 01845 0 '_- 4 be n aptjea� s`' Yater the �Aotice NORTH 0- p ,SSACHUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel .Long, Town Clerk Town Office Building North, Andover, MA 01845 Dear Mr. Long, Re"vf 6 t�I ,..�. D.ANIEt.l_ONO TOWN HER c NORTH /a.HUOVE Ste 23 11 ox Qm September 17, 1985 Kenneth Dahar & Joseph Sobel 1689 Great Pond Road Kenneth Dahar =Lot 4, Great Pond Road J i Petition#42-85, #43-85 The Board of Appeals held a public hearing on Tuesday evening, September 10, 1985 upon the application of Kenneth Dahar & Joseph Sobel and Kenneth Dahar. The hearing was advertised in the North Andover ":,.tizen on May 23 1. and May 30, 1985 and all abutters were notified by regular mail. The following members were present and voting: Chairman Frank Serio, Jr., Vice Chairman Alfred E. Frizelle,, Esq.,'Clerk Augustine W. Nickerson, William J. Sullivan and Walter F. Soule. The petitioners seek a special permit under Section 4, Paragraph 4.133(d) of the Zoning Bylaws, so as to building.of portion of driveway over wetlands can be done. Motion made by Mr. Frizelle to GRANT this special permit provided the ---- following conditions are met: No vegetation, trees or shrub cut within the non -cutting zone on said property or Sobel property; that proposed dwelling be made to tie into sewer system; and second row of hay bales be put -in to prevent erosion, or whatever other steps necessary as, as determined by Building Inspector. Sincerely., BOARD OF APPEALS ira Serio J Chairman /awt 11 Q hall be filed any appeal 5_ , ;after the �•. is Notice within l' ti _, . date of i of the �oWn in the oftice ClerK• ''_ 3 •` ,�gllMRty� • N 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION W1i YY1LL ���� TOWN C'LFR cy� H()fk-fjjNN�0NER SOS ` ; Date .: September. .17.,..19.85. . Petition No...4 2 - 8 5 .. & . A 3 T -E 5 ... Date of Hearing. September. .10.,. 1985 \Petitionof .•Kenneth•Dahar•& •Joseph•Sobel- #43-85••••••••••••••• •••.......••• Ke neth Dahar, #42-85 Premises affected .......:................ -Lot- •4• -Great • Pond• -Rd-,- -and- Tt 84 -Great RePori RO d. Section 4, Par. 4.133d. f g to le above petition for a Wi,}m from the requirements of the ................ . of the zoning bylaw. Special permit so as to permit the construction • • . • • . of • a -driveway -within. 2.50. -feet. from -Lake. •Cochiehewick - and. •10G, -feet from a tributary, on the south side of Great Pond Road. soas to permit ..................... ................................................. After a public hearing given on the above date, the Board of Appeals voted to .GRANT....: the . • . special -permit • • • . • . • ... and hereby authorize the Building Inspector to issue a __..,..__._..__ permit to . construct. -driveway for the construction of the above work, based upon the following conditions: Motion made by Mr. Frizelle to GRANT the special permit provided following conditions are met: No vegetation, trees,or shrub •ut within the non --cutting zone on said property or Sobel property; that proposed dwelling be made to tie into sewer system; and second row of hay bales be put in to prevent erosion, or whatever other steps necessary as determined. by Building Inspector Signe rank Serio Jr. Chairman .............................. Alfred E. Frizelle, Esq., Vice Chair. Augustine W. Nickerson, Clerk William.J. Sullivan ..... J Walter F Soule .................................. Board. of Appeals NORTH 1 Of i.��O •. �O i S34 us TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 1, August 5, 1985 Fitzgibbons, Slipp & Homsey 315 Essex Street Lawrence, Mass. 01840 Attention: Kenneth M. Homsey Dear Mr.. Homsey: Please be advised that our next scheduled meeting of the Board of Appeals will be held on August 12, 1985, Monday evening in the North Andover Town Building at 7:30 p.m. Your request for a variance for Mr. Kenneth Daher will be reviewed at this meeting. If you have any questions.con- cerning this, please advise this,office. Thank you. Very truly yours, Frank Serio, Chairman BOARD OF APPEALS /awt R .G \ 1 FITZGIBBONS, SLIPP & HOMSEY ATTORNEYS AT LAW 316 ESSEX STREET JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01840 PETER T. SLIPP KENNETH M. HOMSEY June 10, 1985 Frank Serio, Chairman Board of Appeals Town of North Andover North Andover,7fKenneth Re: Petition Daher Dear Mr. Serio: This letter will serve to acknowledge that Joseph Fitzgibbons, Esquire, of this office, represents Mr. Daher relative to his application to your Board. Due to circumstances beyond his control, Mr. Fitzgibbons will not be able to attend tonight's hearing, as he left for a trip abroad prior to learning of the hearing's date. Therefore, request is hereby made that your consideration of this petition be postponed to your next regular date for hearings. Very truly yours, FITZ,GI-SBONS, SLIPP & HOMSEY tf . '�4 /Kenneth Hornsey KMH:eml v/ TELEPHONE (617) 681-0666 �r TNSPF.CTOR OF BUILDYNGS ELECTRICAL INSPECTOR GAS INSPECTOR NORTH ANDOVER BUILDING DEPARTMEL:T 120 MAIN STREET NO11'I'11 ANDOVER, MA 01845 June 10, 1985 Board of Appeals Town Office Building North Andover, Ma. 1 r __ Re: Petition of Angus Realty Co. p�_ " Daher & Sobel & 'Kenneth. Daher Gentlemen: The above petitioners were referred to your Board because the Zoning Board of Appeals now has jurisdiction on Special Permits in the Watershed District allowing construction within 250 ft. of Lake Cochichewick. Very truly yours, CHARLES H. FOSTER L INSPECTOR OF E'ILDINGS AND ZONING, OFFICER CHF : of F D ass^cHusf� TFL. 888-8102 P6RBhIhO 8 0 ORB TOWN OF NORTH ANDOVER MASSACHUSETTS TO: Frank Serio, Chairman, Bd. of Appeals FROM: Michael Roberts, Chairman DATE: June 10, 1985 SUBJ: Watershed District Special Permits Based on Town Counsel's letter dated May 8, 1985, a building permit and special permit had to be approved by March,1985, (the date of the .first moratorium legal notice) in order for the Planning Board to maintain its jurisdiction under Sction 4.133(d).. Therefore, the purpose of this memo is to take the opportunity to comment on each application, now before the Zoning Board of Appeals. B. Angus Realty Trust This plan was reviewed by the Planning Bd. at several public meetings. The new proposal is to remove the existing store and construct a larger retail complex. r -ainage is being directed away from Lake Cochichewick by reLrading the site, in addition to tying into the new sewer line. After considerable review and input from o{her departments, we recommend that the applicant modify the plzns by removing that portion of the building within 350 fee 'c,f the Lake and enlarging the building elsewhere. Tae applicant can accomodate this change on the plan. C.& D. Daher & Sobel: Great Pond Rd. The Planning Bd. approved a common driveway for these two lots to provide access to Lot #14 Great Pond Rd. The approval was based on several conditions listed in the decision (a copy of which was forwarded to your Board). If the applicant strictly adheres to the Planning Board's decision, we recommend that your board approve the special permit provided the applicant completes the driveway construction by Septmeber 1,1985. Watershed District Special Permits ---Page Two ---- E. Coolidge Construction: Great Pond Rd. The history of this parcel dates back t-) ,a June 1984 Preliminary Subdivision Plan disapproved showing 3 lots. A definitive plan was resubmitted showing 2 lots on a cul-de-sac. We had previously advised the applicant that due to the environmental sensitivity of the parcel, one lot would be the most feasible, thus eliminating the road construction and crossing of a tributary to the Lake. On June 3, 1985, the Planning Bd. accepted the applicant's request to withdraw the subdivision without prejudice. We would recommend that there be no decision made on this special permit until the Conservation Commission has reviewed and provided the necessary input on the impact on both the wetlands and Lake. F. Coolidge Construction The proposed new house and common drivewG► construction on lots 2-5 on plan show considerable constru-.tion activity on a 7'. acre parcel of land located entirely ii the Watershed District. - It is this type of development that should be scrutinized by the Board of Health (for both the septic ai-d well proposal) and the Conservation Commission concerning he impact on wetlands. The driveway, house locations and septic systems should be staked and we recommend a joint site visit to view the proposed construction impact. Lastly, the applicant must go before the Planning Board for a special permit to construct a common driveway. G. Coolidge Construction: Dale Street Would you kindly provide our office with a plan to review in order to make the appropriate recommendations. We would appreciate notification of any forthc-)ming applications and plans for construction by special permit in the Watershed District. We realize that your Board has been inu?;dated with these requests, and would like to offer any assistance n processing or reviewing these plans as you see needed. Thank you. /kp Received by Town Clerk: s, RECEIVED DANIEL i.:ONG TQ CHR WORT -H. PTTW rTOWN OF NORTH ANDOVER, MASS11 ��7 BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant_ Kenneth Daher _ _Address 85 Swan St. Methuen Isla. 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 SectionsE Paragraph_fdthe :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 Lot # 14 Great Pond Rd._ Street. b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of ----- - 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 50 `f eet . 3. Ownership 4. 5. M a) Name and address of owner (if joint owneshi-), give all names): .p Joseph & Jennifer Sobel 1689 Great Pond—RA.. 6;� !Q Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: X Prospective Purchaser Lesee Other (explain) Size of proposed building: front; feet deep; Height stories _feet. a) Approximate date of erection: 1985 b) Occupancy.or use of each floor: - c) Type of construction:- Size of .existing building: _ _ feet front; _ feet deep; Height -stories; feet. a) Approximate date of erection: b) Occupancy or use of each .floor:__ c) Type of construction: Has there been a previous appeal, under zoning, on these premises? If so, when? 7. Descriptiori-'of j elAef sought on this petition able s'to . buil'd-own home on Lot#14 8. Deed re:,&;td'ed- in' the -,'Registry of Deeds in Book Page err .i„ .. Land Couruut Certificate No. Book Page ? The principal points upon which I base my application are as follows: (must be stated in.detail) a A unable to use Lot #14. without s ecial permit I agree to pay the filing fee, advertising in nc.sl, per, and incidental expenses* gnature of Petitioner(s Evd'ry.application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') of the property line, of the petitioner as they appear on the most recent app.icable tax ,list, notwithstanding that the land of any such owner is ocated in another city or town, the Planning Board of the city or town, an'. the Planning Board of every abutting city or town. *Every application shall be submitted with an appli--ation charge cost in the amount of $25.00. In addition,. the petition, r shall be responsible for any and all cbsts.involved in bringing the p--ti,--ion 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 Address -Joseph Sobel It 1689 Great gond Ad. North Andover John & Joan Thompson/-- 1725 Great Pond Rd. " /, Ibramhim Elhefni'^ 1665 Great Pond Rd. " Jayson Realty Inc. 754 Forest St. oil" Charles Sullivan 136 Hidden Rd. Andover Ma. John Desmond—' , ll .1775 Great Pond Rd. North Andover, Town Of North Andover -A p W 120 Main St. (use additional sheets if necessary) rtec�►.4°r� P����IM� BORf�O SORT!!% Aiji IVER TOWN OF N O R 7' II AN D C V.1<. R ntASSACIIUSLTTS MAY, 20 1012 0 ,05 f AORT,r ti p SS^CHUS E - NOTICE OF DECISION Any appeal shall be flied within (20) days after the date of filing of this Notice in the Office of the Town Clerk. --.'`... Date . May 20j 1985.... • . • . . Date of I-Ic`aring . ,April 22; 1985 Petition of. Joseph and Jennifer Sobel and Kenneth Dal !r .. Premises affected . _ , Lot 14. Great Pond Road Referring to the above petition for a special permit from the requirements of the ..Zoning. Bylaw, Section 2.75 Driveways . so as to permit .. ; a commondriveway After a public .iearin given on the above date, the Planning Board voted to Grant.........t ie .... Special Permit ....................................... 1Y - WS 0 -PR based upon ,th-�-'following conditions: see a ,tached Signed Micha, : P. Roberts Chairman Paul 1.. Hedstrom, Vice Chairman ................................ John A. James,zr. , Clerk John J Burke Erich W. Nitzsche ....... hlann.ir��, I;o,.. ........ RECEIVED DANIEL LONG TRS N 01 `:'" I NORTH Pfi�rjOVER MAY 28 10 a2 49,85 G TOWN OF NORTH ANDOVER MASSACHUSETTS Of NORTH 1ti 1 1SSACNUSES May 20, 1985 Mr. Daniel Long, Town ;lerk Town Office Building North Andover, MA 01C115 Re: Sobel and Daher/Lot 14 Great Pond Road Common Driveway Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, April 22, 1985, in the Town Office Meeting Room upon the application of Joseph and Jennifer Sobel and Kenneth Daher. The hearing was advertised in the North Andover Citizen on April 4 and 11, 1985. The following members `were present: Michael P. Roberts, Chairman; Paul,A. Hedstrom, Vice Chairman; John A. James, Jr., Clerk; Erich W. Nitzsci.e; and John J. Burke. The petitioner seeks a Srecial Permit under Section 2. 75 Driveways of the North Andover Zoning F yla which requires a Special Permit for driveways servicing more'than one lot. The premises is known as Lot 14 Great Pond Road, located on the so ith side of said road. The lot is situated in the Residential 2 (R-2) and Watershed -oning Districts. Said lot possesses 2.0 +.acres of land area, with 150 feet of frontage on Great Pond Road. At the hearing, Attot .-iey Joseph Fitzgibbons, the applicants representative presented the proposed plans and nformed the Board of the following: . - In order to gain access to Lot 14, the petitioner must use the existing access at 1689 Great Pond Roadf.. Previo„cly the applicant was denied the single access onto Lot r Section 4.133(c) 'no cut' within 150 feet to Lake �} !titioner would like to construct a small access off of 4� drig it,a common drive. to leave. the area undisturbed 150 feet from the Lake, and j iin the 250 foot limitation. \�r !4) Cdr !d and continually monitored during construction. the applicant that this Common Driveway is subject in within 250 feet of the Lake. esent and voting at the May 20, 1985 meeting when Michael P. Roberts, Chairman; Paul A. Hedstrom, Clerk; John J. Burke; Erich W. 'Nitzsche. w Sobel and Daher/Lot 14 RECEiVEn, Common Driveway Special Permit DANir t'. LONG T4v'r'Ad .:i !"NK Page 2. NOR T,14 VAR Upon a MOTION made"b, Mr. Nitzsche dt1'd "5ecAipa rail ttllldr. Burke the Board voted to grant the petition for a Special Permit to allow for a Common Driveway and L:,prove the PLAN of Land in North Andover for Kenneth Daher, dated January 1`65, revised March 1985, and March 14, 1985; BY Stowers Associates, Inc., Registe -ed Land Surveyors, Methuen, MA for Lot 14 Great Pond Road. Subject to the following: 1. Only the proposed we -k as shown on the plan entitled Plan of Land in North Andover, Ma. surveyed for K,:inneth Daher, dated January 1985, rev.March 1985 and March -- 14, 1985 is allowed under this permit. Any minor changes meeting the intent of said plan and determined t. i have lesser impact on the Watershed must be approved by the Planning Boar(: prior to implementation in the field. 2. Construction shall coincide with the following measures, but not limited to: a.. Prevent the removal of soils from the property; b. Provide temporary siltation and erosion control in the form of a silt fence and or staked hay bales; to be monitored and maintained; c. Provide permanent siltation control in the form of loam and seed or bark mulch; d. Prevent the use of fertilizer on the grassed areas; e. No road salts shall be used on the driveway. 3. An as -built plan sh.Al be submitted at the time of completion. 4. The applicant is subj, :t -3 Section 4.133(d) of the North Andover Zoning Bylaw which requires a Spec ial Permit to construct within 250 feet of Lake Cochichewick. This Permit is subject to the North Andover Zoning Board of Appeals. No constr- uction shall take plat until approval is received. S. A maintenance agreem!nt running in perpetuity with the land shall be submitted to the Planning Board for review and approval prior to construction and recorded at the Registry of Dee. is (said property deeds shall refer to the agreement and easement) . 6. No more than these two (2) lots shall commonly share the driveway. 7. Construction shall be completed no 'later than September 1, 1985. 8. 1689 and lot 14 Great Pond Road shall have a driveway easement shown on plan. Said driveway easement to be incorporated into both deeds in suitable form ,to be reviewed by Planning Board and Town Counsel. In granting this Special Permit, the Planning Board finds, pursuant to Section 10.31 - Conditions for Approval of Special Permits of the Zoning Bylaw, that the following .. conditions are met: • Sobel and Daher/Lot 14 Common Driveway Sped it Permit Page 3. a. Lot 14 Great Ponc Road is the appropriate location to permit a common driveway . due to the fact that t .e Board of Appeals denied permission to access from their legal frontage.; b. The use of a com.non driveway for gaining access to a single family dwelling in the Watershed Dist •ict will minimize any impacts since the no cut buffer zone will be undisturbed; c. Their will be no n aisance or serious hazard to vehicles or pedestrians due to the elimination of a. second driveway curbcut; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use ( as provided by the maintenance agreement) ; e. Based on site visits, the public hearing process, and review and. input by town. boards and departments, the driveway use is considered to be in harmony with the general purpose and intent of the North Andover Zoning Bylaw. MPR /kn cc: DEQE Fire Chief Highway Public Works Conservation Police Board Of Health Building Dept. Appeals Applicant Engineer File C Sincerely, PLANrIING BOARD Michael P. Roberts, Chairman ET C1L�\1�3��1 Any appeal shall be filed I P�AMMII�G BOAS within. (20) days after the :j DANIEL LONG date of filing of this Notice TOW1 C L � g K TOWN t P N O It T H' ANDOVER ithe Office of the. Town NORTH4,N DOVER lri S s A C nn - U s E T T s n�---- A7R �t a (j rk. Cl MAY {. V ' I 49 AM '85 HORTN Of ....0 . P NOTICE OF DECISION A. May 20, 1985 ' Date ... y................. .... . Date of Hearing . March .18,..1.9.8.5. . Petition of . ,Kenneth Daher 85 Swan. St. Methuen, MA ..................................... Lot 14, Great Pond Road Premises affected .... 'a Referring to the above petition for a special permit from the requirements- 4. equirements y of the the Zoning Bylaw, Section 4.133(d) .. ................................................ `i so as to permit the construction of a driveway within 250 feet of Lake Cochichewick ......................... ,+ ................. -................. ............................................ After a public he. ^ing given on the 'above date, the Planning Board voted to ,DISMISS..., 1e SPECIAL PERMIT WITHOUT PREJUDICE .............. .......................................................... based upon the following .conditions See attached I Signed Michael P. Roberts, Chairman f......... .. Pawl A. Hedstrom, Vice Chairman ............................. John A. James,Jr. , Clerk ...................... Erich W. Nitzsche '. . Y John J. Burke . Ir ........rla�nningBo;ircl RccHY!'.Q„ P�I��MIhG BOAB KT OWN OF NORTH ANDOVER NO(�Tll fi�E;QYt~R MASSACHUSETTS . MAY 28 1149 AM '85 4 1 F � ••nn "r"`,�q 1$SACHUSEt Mr. Daniel Long, Town l,;er' . Town Office Building North Andover, MA 018'5 May 20, 1985 Re: Daher/Lot 14, Great Pond Road Special Pe, mit Watershed District - Section 4. 133(d) The North Andover Planning Board held a public hearing ori Monday evening, March 18, 1985, in the Town Office Meeting Room upon the application of ,Kenneth Daher, 85 Swan Street, Methuen, Ma..' The hearing was advertised in the North Andover Citizen on February 21 and 28, 1985. The following members of the Planning Board were present: Paul A. Hedstrom, Chairman; Michael P. Roberts, Vice Chairman; Erich W. Nitzsche; John A. James, Jr., Clerk; John J. Burke; . The petitioner seeks a Special Permit under Section 4.133(d) of the North Andover Zoning Bylaw, which requires a Special Permit to a1low construction to occur 250 feet horizontally from the annual mean high water mark of Lake Cochichewick. The premises is known as Lot 14 Great Pond Road, located on the south side of said road. The lot is both situated in the Residential - 2 and Watershed Zoning Districts. Said lot possesses 2+ acres of la►:d area and 150 feet of street frontage on Great Pond Road. At the hearing Attor. ey Fitztgibbons, the applicants representative presented the proposed plans for driveway construction. A plan was presented to the Board of Appeals showing a single driveway access from Great Pond Road, however this was denied under section 4.1.'.3(c) of the Zoning Bylaw. This proposal reflects the required changes, in order to mim-4mize any disruption to the buffer zone. The hearing was cont; rued to April 22, 1985 when the board held a public hearing for the adjoining parcel c efected by this petition. The Planning Board took the matter under advisement and cic ;ed all of the hearings pertaining to Mr. Daher. In accordance with Ma •sachusetts General Laws, Chapter 40A, Section 6, the Special Permit must be 'issued (prior to the first publication on the change proposed to the zoning ordinance) so as not to be effected by a change in the zoning ordinance or bylaw'. Therefore, this Special Permit was not issued prior to publication and is controlled by the changes enacted at the 1985 Annual Town Meeting. Thus, the Board of Appeals will acquire jurisdiction on such lots and will act on Special Permit requests during the moratorium. Daher Special Permit Lot 14 Great Pond Road Page 2. The following members were present and voting at the May 20, 1985 meeting when the Board made the following motion on the petition: Michael P. Roberts, Chairman; Paul A. Hedstrom,Vice Chairman; John A. James,Jr., Clerk; John J. Burke; Erich W. Nitzsche. Upon a motion made by Mr. Nitzsche and seconded by Mr. James the Board voted to DISVdS. THE APPLICATION OF KENNETH DAHER WITHOUT PREJUDICE FOR WANT )F JURISDICTION. Sincerely, -- PLANNING BOAR - --- Michael P. Roberts, Chairman ' MPR/kn cc: DEQE Fire Chief Highway Conservation Public Works Police Board of Health Building Depf. Appeals App] icant Attorney File