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Home My WebLink AboutMiscellaneous - 11 APPLETON STREET t Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Andrew Heinze computer, use Name only the tab key to move 11 Appleton Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Andrew Heinze Name r� July 29, 2005 242-1324 Dated DEP File Number 3. The project site is located at: 11 Appleton Street North Andover Street Address City/Town Map 37B Parcel 38 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for Property Owner(if different) Essex North 9731 238 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 1/22/08 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetland's DEP File number: WPA Form 8B — Certificate of Compliance 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 72 C. Authorization Issued by: North Andover Conservation Commission Date f IS46&ce This Certificate must be signed by a •ority of the Conservation Commission and a copy sent to the applicant and appropriate DEP gional Office(See Attachment). Signatures: C% wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP t=ile Number: WPA Form 8B Certificate of Compliance 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day 4 Of Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Signature of Notary Public DONNA M.WEQGE 6�7/�f�Cl'I Gbh NOTARY PUBLIC Printed Name of Notary Public COMMONWEALTH OF MASSACHUSETTS MY Comm Expires Aug.7,2009 171 My ComWss' n Expires(Date) Place notary seal and/or any stamp above Q� �W Sig a ure of Notary Public wpaform Sb.doc•rev.7113104 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 11 Appleton Street 242-1324 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the.instrument number which identifies this transaction is: If registered land,the document number which identifies this transaction is: Document Number Signature of Applicant PP1. Si9cant wpaform 8b.doc•rev.7113104 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston,MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge , Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provinoetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welifleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Huff Middleton Reading Waffham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover. Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses-rev.1111/08 Page 1 of 1 t T L1Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: 1 WPA Form 5 Order of Conditions 242-1324 Massach usetts.Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling F. 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions- ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Andrew ' Heinze use the return a. First Name b.Last Name c.Company key. 11 Appleton Street d.Mailing Address North Andover MA. 01845 e.City/Town ` f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 11 Appleton Street North Andover a.Street Address b.City/Town Map 37B Parcel 38 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: 42-40'-36.14' N 71-05'-52.18'W electronic filers will click for GIS locator): e.Latitude (.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 6172 336 c.Book d.Page 7. Dates: 7/1/05 717/0 s o a.Date Notice of Intent Filed b.Date PPlt,,blic gearing Closed c.Date ofissuante s. Final Approved Plans and Other Documents(attach additional plan or document references as needed); Plan of Land a.Plan Title Giles Surveying Scott L. Giles P. L. S. b.Prepared By c.Signed and Stamped by 7/5/05 1„=20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $ 325.00 $ 97.50 $227.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1105 Page 1 of 9 T Massachusetts Department of Environmental Protection LBureau of Resource Protection-Wetlands SEP File Number: )771 WPA Form 5 - Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. Z Protection of Wildlife Habitat g. ® Groundwater Supply n. ® Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed, is (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. - ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration` Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet a. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.311/05 Page 2 of 9 , r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont:) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet, b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq It Within 100 ft c.square feet d.square feet e.square feet f.square feet Sq It between 100-200 It e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Checkall that apply below. (For Approvals Only) s. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.cly nourishmt. d.cly nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet C.cly nourishmt d.cly nourishmt; 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18._❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform6.doc• rev.3/1/05 Page 3 of 9 4 I Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 -Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein and with all related statutesatutes and otherregulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations._ 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are. set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire,<lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts,Department of Environmental Protection"[or,"MA DEP"] "File Number 242-1324 ,4 wpaform5.doc• rev.3!1105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency, proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the,plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order: 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully` stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1105 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? 0 Yes ❑ No . 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc• rev.311105 Page 6 of 9 DEP FILE #242 -1324 Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local Bylaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),the North Andover Wetland Bylaw and Regulations, and may require any information, measurements,photographs,observations, and/or materials,or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work isnot in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that.the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days(30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winwor&00C\I IAppletonStreet.doc 1 NACC 7/29/2005 DEP FILE #242 -1324 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No.242-1324. 26. The conditions of this decision shall apply to,and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions;shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance: 28. The proposed work includes: Constructionof an addition(in place of an existing garage which will be razed),a porch,expansion of a driveway,and sewer line to an existing a single-family dwelling within the buffer zone to a Bordering Vegetated Wetland (BVW)associated with a pond,which was determined to be Isolated Land Subject to Flooding(ILSF).The applicant has been granted a waiver for temporary impacts to the 25'No Disturbance Zone for the purposes of installing the sewer line. 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Andrew Heinze 11 Appleton Street North Andover,MA 01845 Site Plans and NOI prepared by: Frank S.Giles Surveying,entitled, "Plan of Land",dated May 13,2005 with final revisions made on July 5,2005. Stamped & signed by Scott L. Giles,P.E. Other Record Documents: Letter from West Environmental,Inc.,dated July 11,2005,requesting a waiver from the 25' No Disturbance Zone, 30. The following wetland resource areas are affected by the proposed work:Buffer Zone to Bordering Vegetated Wetlands (BVW) and Isolated Land Subject to Flooding(ILSF). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. CAWinword\00C\1IAppletonStreet.doc 2 NACC 7/29/2005 DEP FILE # 242 -1324 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot(25') No-Disturbance Zone and a fifty-foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area(BVW) except as shown on the record plan referenced herein. The Conservation Administrator and/.or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4&Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order.. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. C:\Winword\00C\1 MppletonStreet doc 3 NACC 7/29/2005 DEP FILE # 242 -1324 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods.No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1324." 40. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas,installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 43. Prior to the commencement of any work on site,.a Registered Land Surveyor(R.L.S.) shall stake the corners of the proposed porch and associated stairs in addition to the proposed garage/addition. These measurements will be verified during the pre- construction meeting. S 44.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of C:\Winword\OOC\11AppletonStreet.doc 4" NACC 7/29/2005 DEP FILE #242 -1324 Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 10 hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $2,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a-party or parties satisfactory to the NACC, and Town Counsel,and shall be released after completion of the project, provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 48. The applicant shall designate a Professional Wetland Scientist as the project's "Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of theerosion s be provided to the NACC in the event that o sion control monitor mut this person has to be contacted, due to an emergency at the site,during any 24-hour period, including weekends. This professional must submit a letter on company C:\Winword\00C\1 lAppletonStreet.doc 5 NACC 7/29/2005 DEP FILE #242 -1324 letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities associated with the installation of the sewer line occurs on-site and for as long thereafter as ground remains unstable,it is the applicant's responsibility that the Environmental Monitor,monitor the site and submit written reports to the NACC.The EM shall certify that,to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EM must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and/ or replacement;and describe any erosion or sedimentationproblems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports.This request must be submitted in writing and is subject to approval by the Conservation Administrator. 50. Prior to construction,the applicant shall permanently mark the edge of the wetland resource area with five(5) markers evenly spaced every 50-feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland.These markers can be purchased at the Conservation Department for$2.00 per marker.These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, CAWinword\OOC\I IAppletonStreet.doc 6 NACC 7/29/2005 DEP FILE #242 -1324 subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre construction meeting(e.g.72 hours). DURING CONSTRUCTION 53. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. '54. Upon beginning work,the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas,and what work is anticipated to be done over the next period.This will update the construction sequence. 55. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 56. The applicant shall ensure that the contractor does not encroach into the 50'No-Build Zone for any portion of the proposed work. 57. The Environmental Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's are adequately functioning. 58. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor.This designee must be on-site while work specific to de-watering activities are occurring and until complete. Activities shall be monitored daily by the Environmental Monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling tank or basin,to reduce turbidity prior to discharge into a resource area. 59. An fill used in connection with this project shall be clean fill,containing no trash,refuse, Y P l g rubbish or debris, including but not limited to lumber,bricks, plaster,wire,lath, paper, cardboard, pipe,tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. C:\Winword\OOC\11App1etonStreet.doc 7 NACC 7/29/2005 DEP FILE #242 -1324 60. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. If soils are left toddle greater than thirty days,all areas shall be seeded with rye seed to provide immediate stabilization. 61. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped or biodegradable erosion controls to provide permanent stabilization. 63. There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource area. 64. Washings from concrete trucks, or surplus concrete, shall not be directedto, any drainage system, or wetland resource area. 65. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste'on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 66. During and after work on this project, there shall be no discharge or spillage of fuel,or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas,and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 67. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 68. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towri s Wetland Protection Bylaw and shall remain in perpetuity. CAWinword\OOC\I IAppletonStreet.doc 8 NACC 7/29/2005 DEP FILE #242 -1324 69. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 70. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 71. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documentsreferenced' above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the,encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland'resource areas. Structures include (but are not limited to) septic systems,additions,fences,sheds, stonewalls,pools, retaining walls, subsurface utilities and decks. I CAWinword\00C\1 IAppletonStreet.doc 9 NACC 7/29/2005 DEP FILE #242 -1324 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ay disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 72. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone,a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones)The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); ➢ Discharge or spillage of pollutants (Condition#66); ➢ Prohibition of underground fuels (Condition#67); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition #68). C:\Winword\OOC\11Appletonstreet.doc 10 NACC 7/29/2005 DEP FILE #242 4324 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC): and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of '20____,,I'inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be'relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:\Winword\OOC\11 AppietonStreet.doc 11 -NACC 7/29/2005 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands L11 WPA Form 5 Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three Years, unless otherwise specified as a special conditionp ursuant to General Conditions#4 from the date of issuance. 1.Date of fasuanfee Please indicate the number of members who will sign this form: (a This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receiptrequested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Region ice, if not filing electronically, and the property owner, if different from applicant. Signatures: / v Notary Acknowledgement Commonwealth of Massachusetts County of Essex North ' abS On this Day Of L!w' Month Year Before me,the undersigned Notary Public, 5CK�+ � personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town W#MTH OF WSSAOMM "FcDONNA M.WEDGE WTARYPUBLIC Signature of Notary Public j, anm.Expo nua 7,2= D0p,17,4 dA GUS Gam' Printed Name of Notary Public Place nota seal and/or an stain above �J` bog notary y p C mmission ices Date M o (Date) Y P This Order is issued to the applicant as follows: ❑ by hand delivery on 2/bly certified mail,return receipt requested,on Date Date wpaform5.doc- rev.3/1/05 Page 7 of 9 � r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant,the owner, any person aggrieved by this Order,any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands,regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1324 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the dame of the owner of the land subject to the Order.in the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------=-------------------------------- -------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1324 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Page County Book Pa, 9 for: Property Owner ff d and has been noted.in the chain of title of the affected property _ in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: I, Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 i ..... �. 6 Town of North Andover ToClerk Time stamp Of y wn Community Development and Services Division fly E. Office of the Zoning Board of Appeals ' ' � € A7` SHAW L k E l 400 Osgood Street �r A �, North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 1005 APR 2 2 A 10: 3 q Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17. Property at: 11 A ton Street NAME: Andrew&Maureen Heinze HEARING(S): March 8&April 12,2005 ADDRESS: 11 Appleton Street PETITION: 2005-005 North Andover,MA 01845 TYPING DATE: April 15,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hail top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,April 12,2005 at 7:30 PM upon the application of Andrew&Maureen Heinze,11 Appleton Street,North Andover requesting a Special Permit from Section 4 and Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premises affected is property with frontage on the South side of Appleton Street within the R-3 zoning district.The legal notices were published in the Eagle Tribune on February 21&28,2005,and all abutters were notified. The legal notice was read at the March 8,2005,and the hearing was continued to April 12,2005. The following members were present: Ellen P.McIntyre,.Richard L Byers,Albert P.Manzi,IM and Thomas D. Ippolito. Upon a motion by Albert P.Manzi,III and 2d by Thomas A Ippolito,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw in order to allow a Family Suite to be constructed at 11 Appleton Street,per Plan of Land in No.Andover,MA.,owned by Andrew and Maureen Heinze,Date: 1120/2004, 1/23/2004,211612005[by]Frank S.Giles,K P.L.S.#41713,Frank S. Giles Surveying,50 Deermeadow Road,No.Andover,MA 01845,and Plans for Heiaze Residence,Appleton Street, North Andover,MA,Date: 5/2/04,2 sheets,First Floor Plan(Proposed)Second Floor Plan(Proposed),Front Elevation,Left Elevation,Rear Elevation,and Right Elevation With the following conditions: 1. The Family Suite shall not be occupied by anyone except Martha Hemze,a parent of the residing owners of the dwelling unit,- 2. nit;2. The Special Permit shall expire at the time that Martha Heinze ceases to occupy the family suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector,or his lawful designee,the right to inspect the premises annually. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,and Thomas D.Ippolito. Page I of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978.688-9540 Planning 978-688-9535 Town of North Andover „ORTIV Office of the Zoning Board of Appeals s °A Community Development and Services Division 400 Osgood Street b+,..o•►� North Andover,Massachusetts 01845 'ss„p�q,• D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 92 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town ofNorth Andover Board of Appeals, en P.McIntyre,Chair Decision 2005-005. M37BP48. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER SPECIAL PERMIT RT ZONING BOARD OF APPEALS NAME Akj__ r)z ADDRESS OF APPEAL ;W 111-............. --------------... Procedure & Requirements for an Application for a Special Permit Ten(10)copies of the following information must be. STEP 6: SCHEDULING OF HEARING AND submitted thirty (LO) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The infoUnation herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO, STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picKs up the legal notice from the Office receivers a.Permit Denial form completed,by the Codes of the Zoning Boatd of Appeals and delivers the legal Administrator. notice to the lodal newspaper for publication. HEARING BEFORE THE ZONING STEP 2: .SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEAP Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit All information The petitioner should appear in his/her behalf,-or be as required in items 1 through and including 11 shall be represented by_an agent or attorney. In the absence of completed. any appearance without due cause on,behalf of the peiifi6ner,the.Boardshalldecidd on the matter by using STEP P 3: PLAN PREPARATION:` the.infbrmation'Jit has otherwise receive. E Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICAtIQN: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS. to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department - IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev&Services 27.Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office -Q7 t6 9566 Assessors Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office -FEB 1 0 2005 PAGE 1 of 4 BOARD OF APPEALS, PAGE 2 OF 4 Date&Time Stamp Application r for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: I,t A,o s 1..2. yi St. N nVVI-% Arzt6vcr Years Owned Land: 3. Location of Property: j nn a. Street: 1,( AX0, oe' n 5"F . Zoning District 1�3 b. Assessors: Map number_2a8 Lot Number: I 4f c. Registry of Deeds Book Number L i'I of Page Number: 3 f 4. By-Law Sections under which the petition for the Special Permit is made. S sr-h 17 Fr ti Lc uc.t t!Q *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: VAIN. Dye- U A 60rMt( ux IJ C�G�tl'+nf� IM6�hQif,�atrl�1� h2C. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. j Page 3 of 4 Application foIT NORTH AiVDOVER ZONING BOARD OP APPEALS 6.a Existing.Lot: Lot Area Open Space Percent Lot frontage Parking * Minimum Lot set Back Sq. Ft. SQ. Ft. Coverage Feet Spaces Front Side A Side B Rear /40 o� b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 7-q b 2 1 Qq /it C. Required Lot: (As required by Zoning By-Law) f Lot Area Open Space Percent Lot Frontage Parking * MinimumLot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Y1 a % 12� 230 2.V 2-0 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 7 Lq YLdchfiC�:� 1 57 G *Reference Use Code numbers and Uses from the Zoning 8y-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units L?710 l 5,qo *Reference Use Code numbers and Uses from the Zoning Ordinahce. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be-fled with the Tovi n 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 the Zoning Board of A peals does net absolve the applicant from this responsibility, The petitioner shall be responsible for all ex s f filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zo n o Rule R ions may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) here Aldrew 61-)n7,c /1d��ureu-i i!✓l tv��,L PAGE 4OF4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in ' 1) Size of plan: Ten(10) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 1111x1711, preferred scale of 1"=40'. Permit from the requirements of MGLA ch. 40A, and the H) One(1)Mylar. North Andover Zoning By-laws, all dimensional 1W Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the land or structure. 1) Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use structure or condition. 2. zoning district(s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria In Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Blames addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town ' Clerk's Office and ZBA secretary at least thirty(30)days10 D. Kbw Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of building elevation plans may be required be required when the application Involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees:Applicant shall provide a check or money order to: `Town of North Andover- 10 A. Major Projects #022-1760-4841-for the cost of first dans,certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the H)three(3)or more dwelling units, applicant shall supply first class postage stamps IIn 2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels:Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labels-no larger than 1"x2-5/8°(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA ' will lapse in 2(two)years If not exercised and a new petition must be submitted. 4- r Zoning Bylaw Denial C Town Of North Andover Building Department 400 Osgood St. North Andovers MA. 01"S Phone 975.611 -81346 Fax 9734=4"2 Street: Lot: Applicant. 4vc Request .4 vn i ,L y 5 v t Date: --C2 0- 015-1 1 Please — a .5— Please be advised that atter review of your Application and Pians Shat your Application is , DENIED for the following Zoning Bylaar reasons: Zoning -3 Item Notes item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Prewdsting 2 Frontage Complies 3 Lot Area Complies 3 PreexLsfing frontage 4 1 Insufficient information 4 Insufficient Information B Use 5 No ac cess over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 1 Special Permit Required e- S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient lnfomtation C Setback H Building Height 1 All setbacks �e$ 1 Height Exceeds Maximum 2 Front Insufficient 2 Com les 3 1 Left Side Insufficient 3 Preexisting M `� S 4 Right Side tnsuflident 4 Insufficierit information 5 Rear insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient information 2 1 Coverage Complies L4,e-5 D VVIafiershed 3 1 Coverage Preexisting 1 Not in Watershed 4 Insufficient infomtation 2 In Watershed Lj e_ d_ Sign 3 Lm prior to 10/24194 1 Sign not allowed 4 Zone to be Determined 2 Sign 5 Insufficient Information 3 Insuff dent lnformation E Historic District K Parking 1 in District review Tguired 1 More Parking Required 2 Not in district t�j e5 2 P rking Complies 3 Insufficient Information 3 Insufficient kdom lion 4 Pre-existing Parking Re for the above is checked below. Item 4 1 Special bits Planning Bowd Item a Variance Site Plan Review OMM OM' Permit Setback Variwtce Access other then Fran e SpwW Permit Parking Varies F e E tion Lot cid Permit Lot Area Variance Common Driveway SpecaPemtit Height Variance Congregate Housing Permit Variance for Sign Continuing Care Retirement Spectral Permit ; special PNmits Zoning Board Independent Elderly Housing PermitPermit. USB ZBA Large Estate Condo Special Perms Earth Removal- Permit ZBA Planned Develqmnent District Special Permit specild Permit Use not Listed but Similar; Planned Residential 'Lid Permit S Permit for 4W T7-4 wt% Y S:—< R-6 Permit SPWW Perrhit premosting nonconformin Watershed Permit The above nvview and attoche'eNpiaration of such is based on tt,e pians and monnetion su bmNed. No def Aft review and I advice shah be bmW on verbal mombms by the gvkcaat nor ohek such'vwW aaplm dimm by the appka t wive to Provide dMnitim answers im V e above reaeone for DENIAL. Any b a nciw mWea ft irft.-dion,or dtw eubeequO t Cho"to the iMo"WAn U&M Md by die appk at @W be ymw&for this review to be voided at the dimmoon of Building Dep.ft t.The attached ft mut toed-pm Rsvlaw ftral W and be atw W a m do and immpmaMd Wein by Merence- The bui ft depariment vm Mein all plena and do mnmom for the above tile.You must fie a near bwwv PwT1*appkcadon farm and be$nft pemvitir>ft paws. B-wilding Department officisi Signature Application Received Application Denied Denial ftd: 1f Foxed Phone Number/Date: Pian Review Narrative The following narrative is provided to further explain the mons for denial for the application/ permit for the property indicated on the reverse side: Y^ 20 va f? ®� SPA- �S 1,S vi/-Pc-Q 40 f-4 j-ec-frDA-1 � loll 117 4 w4ie2 � �rlapeclall 2 1/ /✓'10 uroY` ✓q/v d�S rev+ v G7'r d✓� Di6,`-ncC- . l i i Rdferted TO: Fine I HMO Police Bowd Conservation ubbc Warks Pianni jRHWtorictidCAxEyvrWBicn Other BUILDING DEPT Andrew & Maureen Heinze 11 AppletDnSftvd North Andover, MA 01845 978-Mi-8%2 February 7, 2005 Zoning Board of Appeals Town of North Andover Osgood Street North Andover, MA 01845 RE:- Smi-at Permit 6gpflqg#ofl-I4 Ar pWom%reet Dear Zoning Board of Awls: 1. The particular use Proposed-€w the-hwd-or structure, My special permit request is for a Family Suite as set forth in Section 2.37.1 of the North Andover Zomig-Byl _T be-added to-a newly razed two-car gauge, compliant with all requirements and architecturally integrated into the structure and neighborhood. The-purpose-of th�Famdy Suite is,for the paternal owner's-haother, Martha Heinze. The-Family Spite is-shoviato-be on-the firstlev€ for reasons-of inevitable agingcy the occupant. We feel it maybe in Martha's best interest in case herr physical well being changes as she ages. 'Flee-principal-dwelli currently resides-two-adults and three children, ages 7,5 &2. Martha currently lives alone in Haverhill. We want to brin, our family closer together an&-firmlybelieve-it u be beneficial to both-parties in the years to come. 2. The-specify sib is-an-appropriat tocatien for such--use,struetx�re of condition. The-specific site is an appropriate lecatien-forit&use because the-integrity of the home and neighborhood would not be compromised. The completed structure will fit in with other homes to the neighborhood that have Family Suites—well as-being-architecturally beautiful. The lot is an oversized lot(1.92 acres)and has gentle grades and no extraordinary-site alterations-woul&b€required= All dimensional requirements and setbacks are complied with. The proposed changes to the property include to raze existing-gauge,-apartment and-connecting structure and-tom replace that with new garage, Family Suite and additional living space-fothe-principafdwelling-as per enclosed plan. 7 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The }sure is-nicely set l road; sets in the cent of the 1.92 acre lot and the entrance to the property will not change nor will the number of usual occupants. k Adequate and appropriate-facilities-will be provided for the proper operation of the proposed use. The property will have M services-including-water,sewer and utilities.-V-ehieutar access is direct over paved driveway to a two car garage and additional parking for at least 6 vehicles. 5-. The-use is-in- rmony with the purpose of to zoning by-law. The use is in harmony with the purpose and intent of the Zoning Bylaw because a Family Suite is an allowable-use.- We believe the intent of the,Bylaw is to encourage families to stay close together, to help each other out and support each other in a safe family neighborhood--enviropment. k Specific-refere -riteA"equired by the particular special permit for which the application is made. As stated in the North Andover Zoning Bylaw Section 4.121 paragraph 17, we understand the Family Suite cannot be occupied by anyone other than those stated and in our case it is by the paternal mother of the principal owner. We also understand,under this use, the premises will-be inspected wmuallyfiy the-Building Inspector for conformance-to,this-section-of the Bylaw and-that-the Special Permit shall be recorded at the North Essex Registry-of Deeds. i F r BK 6172 FSG 336 QUITCLAIM DEED We, Earle S. Sears and Lorna M. Sears of North Andover,Essex County, Massachusetts,being married, for consideration paid and in full consideration of Three Hundred and Ninety ive Thousand($395,000.00)Dollars, grant to Andrew Heinze and Maureen fe Heinzeof 11 Appleton Street,North Andover,Massachusetts wit itclaim covenants tQd in North Andover described in Exhibit A attached hereto. Being the same premises conveyed to us by deed of Sebastian V. Grassi and Hortense T. Grassi, by deed dated July 15, 1969 and recorded with the North Essex District Registry of Deeds in Book 1135, Page 267. l � a4 ,�Ip( Witness our hands and seals tlus3O?lay of May,2001. Earle S. Sears Lorna M. Sears l COMMONWEALTH OF MASSACHUSETTS .r ESSEX, SS. May3o, 2001 o Then personally appeared the above named Earle S. Sears and Lorna M. Sears and , i$ acknowledged the foregoing instrument to be their free act and deed,before me. . ,c G� 0 1.--- 5----- Gregory N. Eato ,Notary Public . --. _..:w.. My Commission Expires: 1/26/07 MAY 31'01 AM9:26 cagnc\searsdcd.wpd _... /II�Gi/f{r%V Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT., MGL 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 line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name Address 373 48 ANDREW HEINZE 11 APPLETON STREET,NORTH ANDOVER MA 01845 Abutters Properties Map Parcel Name Address 37.6 46 Pul Dyer 41 Appleton Street North Andover,MA 01845 37.B 47 George Mc Clellan 21 Appleton Street North Andover,MA 01845 37.B 35 Carl Vissering 30 Anne Road,North Anodver,MA 01845 37.13 54 Andrew Bresford 37 Anne Road,North Anodver,MA 01845 37.B 67 Robert Duffy 29 Anne Road,North Anodver,MA 01845 37.B 50 Vladdimir Levantovskys 404 Salem Street,North Anodver,MA 01845 37.B 38 Jules Kahn 378 Salem Street,North Anodver,MA 01845 37.B 55 Suzan De Lod Heros 338 Salem Street,North Anodver,MA 01845 37.B 39 Randall Buturlia 346 Salem Street,North Anodver,MA 01845 37.B 60 James Testa 5 Appleton Street North Andover,MA 01845 37.B 68&45 David Pickles 318 Salem Street,North Anodver;MA 01845_ 37.B 44 Josephine Cristaldi 14 Appleton Street North Andover,MA 01845 37.B 40 Araxy Wright 28 Appleton Street North Andover,MA 01845 37.B 51 William Macleish 412 Salem Street,North Anodver,MA 01845 37.D 5&37 John Mc Loughlin 327 Salem Street,North Anodver,MA 01845 37.D 43 Robert Olenio 300 Salem Street,North Anodver,MA 01845 This certifies that the names appearing on the records of the Assessors ffice as of Certified by: DateA5!?� PLAN OF LAND IN NORTH ANDOVER, MA. APPLETON STREETOWNED BY ANDREW AND MAUREEN HEINZE 150 SCALE: 1"=4W DATB:1/20/2004 1/23/2004 0' 40' -80' 120' NW 37B, A ;EL 4 ASSESSORS MAP 37B PARCEL 48 86,400+/- S.F. DEED BOOK 6172 PAGE 336 THE ZONING DISTRICT IS R-3. POND THE ZONING DISTRICT IS R-3. MANMADE 25,000 S.F.AREA 125'FRONTAGE. 30'FRONT SETBACK. 2(Y SIDE SETBACK. 30'REAR SETBACK. w tN•� 0 h M #1l glot 941 F�r�' 1. 2' `' ''�;t BUILDING = �f TO BE RAZED !� ,$ L L L 98.32' PROPOSED ADDITION AREA=2,000 S.F. tw of F N o GI ca v 210 I h h 13 Town of North Andover %OR*N °��t1.tD 16�11 Qffce of the Zoning Board of Appeals ti p -ommunity Development and Services Division 400 Osgood Street {y' 4 ;North Andover,Massachusetts 01845 ��swc►w5� D. Robert Neceltas Building Commissioner ep#oiek (9.78)6$8=9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Top Floor Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the Sth,of March, 2005 at 7:30 PM to all parties interested in the appeal of Andrew& Maureen Heinze, 11 Appleton Street,North Andover requesting a Special Permit from Section 4 and Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premises affected is property with frontage on the South side of Appleton Street within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on February 21 &February 28, 2005. Legalnotice 2005-005. M3713P48. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division * _ 400 Osgood Street RAT80 North Andover,Massachusetts 01845 ��s Cwus�{ D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date. j ' oGj TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the N6nth Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance S eci�ensive Compermit(40B) Finding for property located at: STREET: MAP: 7 C.1 PARCEL: 66 TOWN:1 N4 i n-)e►— 1 _ TO MEETING DATE(S): v, a• , 5 NAME OF PETIT ONER: Avi ialozf,1 Signed: Petitioner(or petitioner's rep sentative) Board of,appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 c�D� - 00-