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PLANNING DEPARTMENT `
Community Development Division
Special Permit— Watershed Permit Application
Please type or print clearly.
1. Petitioner: MESSINA DEVELOPMENT CORP.
Petitioner's Address: 277 WASHINGTON ST. GROVELAND, MA 01834
Telephone number:978-891-3190
2.Owners of the Land:JOSEPH B C'CONNELL
Address: 100 DALE ST, NO ANDOVER, MA 01845
Number of years of ownership: 35+YEARS
3.Year lot was created:2013
4. Is the lot currently on septic or sewer?
V e15
If on sewer,please provide date the sewer connection was
completed: D.i o a'- Tz) 1,5 75
5. Description
E Proposed Project:
PROJECT CONSISTS
THE CSF 2 BUILDING LOTS. STRUCTURES ON LOT 2 ARE TO BE
DEMOLISHED. A SINGLE FAMILY HOME ,WITH APPURTANCES ARE PROPOSED FOR
LOT1 AND LOT 2
6. Description of Premises:2 LOTS – Qe�q 7-6t)r (–"a,�M /k 21;;/f Dec si ca:7
�'SG� HrTAc:N���
7.Address of Property Being Affected: 100 bALE,5T LoT I /3ko Lor 2_.
Zoning District: P- I
Assessors Map: 3 715 Lot#: 9
Registry of Deeds: Book#: 13'2 ' Page#: 10c
L CT 1 �° 8. Existing Lot: Loo Z
r T Lot Area(Sq. Ft): 617 0 G(_,6 5 Building Height:
Street Frontage: 1,5-1, g! + Side Setbacks:
Front Setback: / Rear Setback:
— Floor Area Ratio: Lot Coverage:
9. Proposed Lot(if applicable):
Lot Area (Sq. Ft): A/=l1 Building Height:
Street Frontage: Side Setbacks:
Page 1 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept,,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/6/07
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 87,120 Building Height: <35'
Street Frontage: 175' Side Setbacks: 30'
Front Setback:30' Rear Setback: 30'
Floor Area Ratio: N/A Lot Coverage: N/A
11. Existing Building(if applicable): L,0T Z — TO F3E C)C-M o L(S H E b
Loy 1 Ground Floor(Sq.Ft.): #of Floors:
NoN�� Total Sq. Ft.: Height: i
Use: Type of-Construction:
12.Proposed Building: LOT a-- t3c�I{i
6.5'x? Ground Floor(Sq.Ft.): 1$3 #of Floors: 2
1(pa Total Sq.Ft. 3,D58' Height: < 35'
i-- Use:single family home Type of Construction: wood frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? NO If so,when and for what type of construction?
14.Section of Zoning Bylaw that Special Permit Is Being
Requested 4.136.3a(i)(1)and 4.134.4
15.Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application. The
dated copy of this application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and
legal notification. Failure to comply with application requirements, as cited herein and in the
Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this
application as incomplete.
Petitioner's Signature: TILL 6
Print or type name here: IROBERTMESSINA
Owner's Signature: . e u nh-A d`C,11 ./11 1
Print or type name here: JOSEPH B. O'CONNELL
16. Please list title of plans and documents you will be attaching to this application.
- Site Development Plan for Watershed Special Permit
- Site Description and other Written Documentation Responses
- Variance granted 2/13/2013
- Assessor Property Record Card and Deed
- Certified abutter list
- Elevation views of proposed homes.
Page 2 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com
Edited 8/6/01
100 Dale Street
Special Permit—Watershed Application
I. Site Description:
The subject parcel is located at 100 Dale Street, consisting of two lots
recently subdivided from Map 37B Parcel 9.
The Zoning Board of appeals granted a variance certified by the Town
Clerk 2/12/2013 to allow the parcel to be divided into 2 lots, with relief from
frontage and lot size. See attached.
The Planning Board signed the Form A 11/21/2012 creating the two lots
Lot 1 is approximately 90,646 sf in land area , Lot 2 is approximately
89,666 sf and are identified as Assessor's Ref Map 37B, Parcel 9 Lots 1 and
Lot 2 on Reference Plan #16895 in North Essex Registry of Deeds.
The subject parcels are wholly located within the Town of North Andover
Watershed Protection overlay zoning. As such, the parcels are subject to the
requirements set forth in Section 4.136 of the Town of North Andover Zoning By-
Laws.
The subject parcels are not located in a special Flood hazard Area
on Flood Insurance Rate Map Community Panel No. 250098 0006C dated
7/3/2013.
The applicant proposes to demolish the existing house and structures on
the site and construct two single family homes with appurtenances as shown on
the attached plans.
The development on Lot 1 includes work within the Non-disturbance Zone
including location of a portion of the driveway, removal of vegetation and
regrading as permitted by section 4.136 (3)c i and ii (1 and 2). The work in the
Non-discharge zone includes the house and associated appurtenances,
stormwater discharge/and recharge areas See Sections 4.136(3) b i , ii(1), and
iv.
The development for Lot 2 is restricted to the Non-discharge and general
zones. See Sections 4.136(3)b I, ii(1) and iv.
Written Documentation:
- Encouraging the most appropriate use of the land
A single family home on each lot in this residential neighborhood is the
most appropriate use of this land and permitted by R1 zoning.
Preventing overcrowding of land
A single family home on each 2 acre+ lot is supportive of preventing
overcrowding of land.
- Conserving the value of land and buildings
The proposal should enhance the value of the property and the
surrounding buildings and land. Diligent upkeep of the property and yard will
continue to provide an aesthetically pleasing environment.
- Lessening congestion of traffic
The proposal calls for the adequate parking for the homeowners and
guests.
- Preventing undue concentration of population
A single family home on each two acre parcel limits the population to this
area.
- Providing adequate light and air
There will be no adverse impact to current background of air and light for
the structures.
- Reducing the hazards from fire and other danger
The proposal does not pose additional hazards from fire or other dangers.
-Assisting in the economical provision of transportation, water,
sewerage, schools, parks, and other public facilities,
The proposed homes will provide an addition to the tax base of North
Andover. This supports the Towns economical provision of transportation, water,
sewerage, schools, parks, and other public facilities.
- Controlling the use of bodies of water, including water courses
The proposed project will have no impact on the Lake or the tributaries.
- Reducing the probability of losses resulting from floods
Roof runoff from the proposed structures will be infiltrated on site. Runoff
from the asphalt driveway will be treated and infiltrated on site in accordance with
regulations to ensure the quality and quantity of all surface and groundwater
resources.
- Reserving and increasing the amenities of the Town
The project will increase the amenities of the town through an
improvement to the property and additional tax revenue due to the new
construction assessments.
e 2
Zoning Bylaw Section 10.31:
- The specific site is in an appropriate location for such a use;
The subject property is located within the R1 zoning district and currently
occupied by an existing single family residence. With the recent variance
granted by the Zoning Board of appeals for frontage and lot size, the proposal
meets all other Zoning requirements for R1 for frontage and set backs. The
attached site plan demonstrates a suitable use of land and buildings on this site.
- The use as developed will not adversely affect the neighborhood;
The land use associated with the abutting parcels is single family
residence within the R1 zoning district.
- There will be no nuisance or serious hazard vehicles or
pedestrians;
The driveway will not effect any other resident's access to or use of Dale
Street.
-Adequate and appropriate facilities will be provided for the proper
operation of the proposed use;
The applicant is amenable to conditions on the Watershed Special Permit
to ensure that there will be proper operation of the proposed use.
- The proposed use is in harmony with the general purpose and
intent of this Bylaw.
The applicant requests that the Town of North Andover Planning Board
acting as the Special Permit Granting Authority for the Watershed Special
Permit find this petition is in harmony with the general purpose and intent
of this Bylaw
SPECIFIC REQUIRMENTS:
- Engineers Certification:
I, Philip G. Christiansen, hereby certify that the work depicted on
"Watershed Special Permit Site Plan of Land for"100 Dale Street, Lots 1
and 2 Map 37B, Parcels 9-1 and 9-2, " in North Andover, MA" dated April
3, 2013 prepared by Christiansen & Sergi, Inc. will not, as proposed,
contribute to any significant degradation of the quality or quantity of water
in or.pntering Lake.;Cochichewick.
Philip ' tKristiansen, PE #28895 date
3
Proof of Alternatives to actions within the Non-Disturbance
and/or Non Discharge Zones
Both lots are within the Non Discharge Zone. The topography on Lot 1
suggests that best engineering practice and minimum lot disturbance locates the
driveway partially within the non-Disturbance Zone.
- Wastewater treatment.
The proposal is for two single family homes to be connected to the
existing sewer and water services of North Andover.
- Evidence that all on site operations including, but not limited to
construction, waste water disposal, fertilizer applications and septic
systems will not create concentrations of Nitrogen in groundwater greater
that the Federal limit at the down gradient property boundary.
The proposed homes will tie into the existing sewer system. All
construction will comply with best management practices for erosion, siltation
and stormwater control. Any fertilizers used on the property will be phosphorus-
free and non-organic pesticides and herbicides will be prohibited on the property;
no septic systems are proposed.
Projections of down gradient concentrations of nitrogen,
phosphorus and other chemicals at property boundaries and other
locations deemed pertinent by the SPGA:
There will be no down gradient concentration of nitrogen and phosphorus
due to the proposed work.
The SPGA may also require that supporting materials be prepared by
other professionals including, but not limited to, a registered architect,
registered landscape architect, registered land surveyor, registered
sanitarian, biologist, geologist, or hydrologist, when in its judgment the
complexity of the proposed work warrantees the relevant specific
expertise:
The applicant will supply additional information as requested by the
SPGA.
4
Bk 13342 Ps 221 Cr4139
12-2013 a 1 1 -`27tt
Town of North An:]ov-it
ZONING BOARD OF APPEALS
Al /+� Tor;; rC��vEo
Albert P.Manzi III,Esq.1..0uN�mi 1 (( "
Ellen P.McIntyre,Viir-Chai� �eetH 0 2013 JAN�2
Richard J.Byers,Esq.Ckrk o',U.. , y PM 1: 06
D.Paul Koch Jr.Esq,
Allan Cuscia '' at
G F"
Am"iafeMtnrbarr 4 3 # NORTH A'l0O�-'cfi
Uporo certify that twenty(20)days
MA SS A CTichae3 P. +r.o psed from date of decision,filed i U ` T S
Deney Iotgndul
filing of a a,
Douglas Ludgin Date pZ a4e
Joyce A.Bradshaw
Tom Clofk Town Clerk gym¢Stamp
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2013
notice in the office of the Town Clerk,
er Mass.Gen.L.ch.40AJ 17 Prol ierty at: 100 Dale Street North Andover MA 01845
NAME: Joseph B.O'Connell HEARING(S): l l Dec 2012 and 8 Jan 2013
ADDRESS: 100 Dale Street (Map 37.8 Parcel 09), PETITION: 2012-01 OB
North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street,North
Andover,MA on Tuesday,the 8s'of January 2013 at 7:30 PM on the application of Joseph B.O'Connell
for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is
requesting a Finding and or a Variance for Dimensional Requirement(Section 7) 7.1.2; 7.1.3.2; 7.2 and
7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas,but seeks
relief from frontage and lot size requirements in an R-1 Zoning District.
Legal notices for the Variance and Finding were sent to al I the certified abutters provided by the Town of
North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general
circulation in the Town of North Andover,on November 27,2012 and December 4,2012.
The following voting members were present:Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,
D.Paul Koch Jr.and Allan Cuscia.
The following Associate members were present:Michael Liporto,Deney Morganthal and Douglas
Ludgin.
Cuscia made a motion to Grant the Variances for Dimensional Requirement(Section 7)7.1.2; 7.1.3.2;
7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two Sots with conforming areas,
but seeks relief from frontage and lot size requirements in an R-1 Zoning District.The relief for Lot 1,is
98.11 feet,and Lot 2, is 23.19 ft for the frontage Variance.
Byers second the motion
All were in favor to Grant the Variance: Albert P.Manzi 1I1,Ellen P. McIntyre,Richard J.Byers,D.
Paul loch Jr.and Allan Cuscia.
All in favor
5-0
The Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land
or structures and especially affecting such land or structures but not affecting generally the zoning district
in general,a literal enforcement of the provisions of the Bylaw will involve substantial hardship,financial
or otherwise, to the petitioner or applicant. The Board find?that desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating from the intent
of the purpose of this bylaw ATTUTt
A Tnre Elegy
Page I of 2
fti1 Cfr.rk VA
Bk 13342 Pg222 #4139
The Board also finds that this use,will not adversely affect the neighborhood by dividing this lot into two
lots and will not be substantially detrimental to the neighborhood and also that this use,of the two lots
will be in harmony with the eighborhood and general purpose and intent of this Bylaw.
Site: 100 Dale Street, North Andover, MA 01845 (Map 37.B Parcel 09),
North Andover,MA 01845.
Request a Finding and or a Variance for Dimensional Requirement
(Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the
existing parcel of land into two lots with conforming areas, but seeks
relief from frontage and lot size requirements in an R-1 Zoning District.
Plan(s)Title: 1.)"Plan of Land"Dated September 5,2012 and Revision October
15,2012 containing one(1)sheet,showing division of lots.
Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill,
MA.01830
2.)Map of"Abutters within 300 Ft"Prepared by Christiansen and Sergi
INC., 160 Summer Street Haverhill, MA.01830(no date supplied)
3)Proposed House Locations for Variance Plan`prepared by
Christiansen and Sergi INC., 160 Summer Street Haverhill,MA.01830
dated December 27 2012
Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,D.Paul Koch
Jr.and Allan Cuscia.
Voting in the Negative: -------
Result of votes 5-0
The Board finds that the applicant has satisfied the provisions of Dimensional Requirement(Section 7)
7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with
conforming areas,but seeks relief from frontage and lot size requirements in an R-I Zoning District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense.
2. The granting of the Finding and Variance as requested by the applicant does not necessarily ensure the
granting of a building permit as the applicant must abide by all applicable local,state,and federal building
codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one(1)years of the date of the grant,it shall
lapse,and may be re-established only after notice,and a new hearing.
No Andover Zoning board ot Appeals
Al ed P.Manzi,Esq.,Chairman
Ellen P.McIntyre, Vice Chairman
Richard J.Byers,Esq.,Clerk
D.Paul Koch Jr.,Esq.
Allan Cuscia
Decision 2012-OIOB
Page 2 of 2
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Abutter to Abutter( ) Building Dept ( ) Conservation ( X ) Zoning (X )
Town of North Andover
Abutters Listing
REQUIREMENT: Mc1.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property lino of the petitioner as they appear an the most recant applicable
tax list,not withstanding that the land of any such owner is located 16 another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subfect Property,
MAP PARCEL Name Address
37.B 9 Joseph O'Connell 100 Date Street North Andover,MA 09845
Abutters Properties
Man Parcel Name Address
37.A 13 Stephen Daly 98 Marbleridge Road,North Andover,MA 01846
37.A 34 Larry McHugh 136 Castlemere Drive,North Andover,MA 01845
37,A 45 Johaine Realty Trust 30 Massachusetts Avenue,North Andover,MA 01845
37.A 46 Raymond Hamel 104 Castlemere Drive,North Andover,MA 01845
37,A 47 James Santotanni 96 Castlemere Drive,North Andover,MA 01845
373 1 Jason Bere 40 Berrington Place,North Andover;MA 01846
373 7 Kevin McLellan 158 Dale Street,North Andover,MA 01845
37.B 8 Paul Moncevicz,Jr 128 Dale Street,North Andover,MA 01845
37.B 10 Stephanie Rae 130 Marbleridge Road,North Andover,MA 01845
37.B 11 Innovative Properties,Inc 185 Squire Road,Revere,MA 02151
37.B 12 Jonathan Melchin 100 Marbleridge Road,North Andover,MA 01845
37.8 13 William Arlit 125 Marbleridge Road,North Andover,MA 01845
37.B 14 Harold Lynch 13 Parker Ridge Way,Newburyport,.MA 01960
37.B 15 Mark Wolfenfden 115 Dale Street,North Andover,MA 01845
373 16 Felipe Schwarz 40 Sugarcane Lane,North Andover,.MA 01845
37.13 17 Hunt Family Realty Trust 133 Dale Street,North Andover,MA 01845
373 18 Ellen Coklin 141 Dale Street,North Andover,MA 01845
37.B 42 Jeffrey Stevens 196 Marbleridge Road,North Andover,MA 01845
37.B 61 Massachusetts Electric 40Sylvin Road,Waltham,MA 02451
372 65 Town of North Andover 120 Main Street,North Andover,MA 01845
37.B 70 Michelle Rotter 59 Berrington Place,North Andover,MA 01845
37.B 71 David Rutter 45 Berrington Place,North Andover,MA 01845
This certifies that the names appearing on the
records of the Assessor Office as Of
�:.
Certified by: DateG 01-3
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North Andover MIMAP April 24, 2013
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Major Roads Horizontal Datum:MA S(aleplane Coordinate System,Datum NAD63,
Roads Meters Data Sources:The data for(his map was produced by Merrimack
t..'i Easements f WORPM Valley Planning Commission(MVPC)using data provided by the Town of
O t4! Nodh Andover.Additional data provided by(he Executive Office of
`:VM Parcels Boundary t s. O
d Environmental AffairslMassG05.The Information depicted on this map is
Parcels .3' G for planning purposes only.It may not be adequate for legal boundary
O definition or regulatory intemmirilion.THE TOWN OF NORTH ANDOVER
MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING
M 4,00 $ THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY
OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT
ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF
'�i,9 opprno�rA``.mj THIS INFORMATION
`rgACNU'�'i'1
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