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Home My WebLink AboutMiscellaneous - 46 RALEIGH TAVERN LANE Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1328 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 Robert B. Bennett computer, use Name only the tab key to move 46 Raleigh Tavern Lane 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: Robert B. Bennett Name August 25, 2005 242-1328 Dated DEP File Number 3. The project site is located at: 46 Raleigh Tavern Lane North Andover Street Address Citylrown Map 107A Parcel 106 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 Instrument#34952 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/17/07 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.7113104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1328 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 64 C. Authorization Issued by: North Andover a consenratinn Commission Date of 164suarke This Certificate must be signed by aruMty of the Conservation Commission and a copy sent to the applicant and appropriate DEP conal Office(See Attachment). Signatures: G 'L wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1328 LI 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 / 10 Of �f Month Year before me, the undersigned Notary Public, personally appeared f' M&'SSe.- 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 101, DQnr7,q- m• Lc/el>� Printed Name of Notary Public DONNA M.WED NOTARY PUBLIC OF ETTS mum My omrdission expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1328 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: 42 Raleigh Tavern Lane 242-1328 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 wpaform 8b.doc•rev.7/13/04 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 Bernardston 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 Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham 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 Phillips'ton Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown 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 Wellfleet 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 Hull Middleton Reading Waltham 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 Malden 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.12/6/07 Page 1 of 1 t � NOR T Town o North Andover o< Office of the Zoning B ° Community Develo mefi --g i .Visv ision ...... . L•` o 400 Osgoo bilaolm 4• SS 4CGerald A.Bro��n North Andover. Inspector of Buildings JN Telephone(978)688-9541 + 11 Fax(978)688-9542 "Or+T r_ l 55 St x Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 46 Raleigh Tavern Lane NAME: Robert&Eugenia Bennett,8 Grouse HEARING(S): April 11,2006 Hollow Road,Meredith,NH 03253 ADDRESS: 46 Raleigh Tavern Lane PETITION: 2006-010 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert&Eugenia Bennett,8 Grouse Hollow Road,Meredith,NH 03253,for premises at: 46 Raleigh Tavern Lane(Map 107.A,Parcel 16),North Andover requesting a Special Permit from Section 4, Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the Northeast site of Raleigh Tavern Lane within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R.Webster. The following voting members were present: Thomas D. Ippolito,Richard M. vaillancow%and Daniel S.Brame. Upon a motion by Richard M. Vaillancotut and 24 by Richard J.Byers the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite per: Site: 46 Ralei Tavern Lane 04ap 107,Parcel 106),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Massachusetts,prepared for Robert& En ria Bennett,46 Raleigh Tavern Dane Date(&Revised Dates): March 8,2006 Registered Professional Vernon J.LeBlanc,Professional Land Surveyor 033600,LeBlanc Survey Land Surveyor Associates,Inc. 161 Holten Strect, p2TM 1UfA 01923 Building Plan Title Family Suite Renovation,Bennett Residence,46 Raleigh Tavern Lane, North Andover Massachusetts By: William V.Balkus,Registered Architect#4452,William Balkus Associates Architects,Ten South Main Street Topslield MA 01983 Date: March 15,2006 Sheet/Drawing: Existing Front,Right Side,&Rear Elevation,Existing First&Second Floor Plan,&Proposed Second Floor Plan 6 sheets] -- Page 1 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 o•No oTN Office of the Zoning BoardFF1r:livision £Community Development andf�dices 400 Osgood Scree 184-2 P • 25 1sswcousgs Gerald A. Brown North Andover,Massachuse 5 Inspector of Buildings T 0�y%a" 0 Telephone(978)688-9541 a il�*+ Fax(978)68$-9542 With the following conditions: 1. The Family Suite shall not be occupied by anyone except Eugenia C.Stiff,mother of Eugenia Bennett,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Eugenia C.Stiff 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,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,111,and David R- Webster. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4.121.17 of the zoning bylaw in that the family suite shall be within 46 Raleigh Tavern Lane,less than 251/o of the existing single-family dwelling,and less than 1,200 sq.ft.,per"Proposed Second Floor Plan". The Board finds that 46 Raleigh Tavern Lane is an appropriate location for a family suite since no further zoning relief is required. The Board finds that the family suite,as developed,will not adversely affect the neighborhood and that there was no written or spoken opposition. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians;that the Plan of Land specifies off-street parking for 4 vehicles. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;the Bennetts stated in their application that utilities,water and septic are inched in the present design. The Board finds that the family suite is in harmony with the general purpose and intent of this Bylaw and that this change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit 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 Building Commissioner. 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 of North Andover Board of Appeals, i Ellen P.McIntyre, Decision 2006-010. M107.AP106. 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 Town Clerk Time Stamp Office of the Zoning Board of Appeals ChIED Community Development and Services DivfscMCE FLEW- S� Osgood 'y 400 Street North Andover,Massachusetts 01845 2006 MAR 22 AM 10; 45 Gerald A.Broil n Telephone (978)688-9541 Ins ector of Buildings Fax (978)688-9542 1 i'`" U r p b 4 0,1"Z P �1 10"'a Ads:g: Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 1 lth of April 2006 at 7:30 PM to all parties interested in the application of Robert & Eugenia Bennett, 8 Grouse Hollow Road, Meredith,NH 03253, for premises at: 46 Raleigh Tavern Lane(Map 107.A., Parcel 106),North Andover requesting a Special Permit from Section 4, Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the Northeast side of Raleigh Tavern Lane within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 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 March 27&April 3, 2006. Legalnotice 2006-010. M107.AP 106. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 P 4 = `r ; ` E I",f C 0 TOWN OF NORTH ANDOVER SPECIAL PERMIT" O. FI``'� ZONING BOARD OF APPEALS 209 �kPt 16 PM v 3 NAME ADDRESS OF APPEAL ` ` n�ler(�Time Stamp Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING'OF HEARING AND 'i submitted thirty U 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 information 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 Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 8: Pu,SWC_HEARiNG BEFORE THE ZONING STEP 2• SPECIAL PERMIT APPLICATION:FORM LS: APPEA BOARD OF APPEALS:Petitioner completes an application form to petition the. The petitOF appear in his/her behalf, or be Board of Appeals for a Special Permit. All information In the absence of as required in items 1 through and including 11 shall be represented by an agent or attorney. completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as STEP S• DECISION: cited in Section 10 page 4 of this form. ' 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 the Assessors Office to compile decision may be made pursuant to Massachusetts a 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 Cleric. STEP 5: SUBMIT APPLICATION: STEP 10" RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's-0ffice The, f petitioner is responsible for recording certification o Petitioner submits one (1) original and 10 Xerox copies to be certified by the Town Cleric with,tpe time and date the decision, Mylar, and any.accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification ' Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. VIPQRIT PHONE NUMBERS: rMf 78488-9§,% Office of Community Dev. S Services North Andover Town Hall k FRI 400 Osgood Street 120 Main Street " — North Andover, MA 01845 North Andover, MA 01845 88-9542 fax for all Community Development offices rr978-688-9545 Building Department 978-688-9501 Town Clerk's Office — 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 a PAGE 2 OF 4 Date &Time Stamp Application 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: a q- C','�Qu'5" (law 1-.-A . N kk- 0 3 2-91 Years Owned Land: 3. Location.of Property: a. Street: `f& R�A�i —t'�vcr� l-h Zoning District b. Assessors: Map num r 1 Qa _Lot Number: 113 � c. Registry of Deeds: Book Number S 9 59 Page Number. xq2, 4. By-Law Sections under which the petition for the Special Permit is made. S�c�-►�Y.s q_ t 1 c�.2- "Refer to the Permit Denial and Zoning By-Law Pian Review as supplied by the Building Commissioner. j 5. Describe the Special Permit request: {n O-CX t r— lac,_: +C> e x r s a-; v-a o w.s v�•- `t'�e. IL tT � c 1 a '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. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % l q�.abs _ _ G5b.3'ia•3� $ ',r�._ 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. F. Coverage Feet Spaces Front Side A Side B Rear 4 Lf % 192.1 5 _� 3? 5�$ 3�° 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback S . Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear �► Li\ tj 14 % 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units" *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 78. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units*" O t C2.4I-LO7 i Rs ikian 4-1 : rne,-,46 -Suck- W4'c.% 1 *Reference Uses from the Zoning Bylaws&Table 1. **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 filled 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 the Zoning Board of Appeals 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 Zoning Board Rules and Regulations may result in a dismissal the Zo 'ng Bard of thi pplication as incomplete. Signature Type above name(s) here TZo6 e ,,-f- 1C3 19 �„►•,e >� �,e e- A. 134_1.14,67�t_ PAGE 4 OF 4 SPECIAL. PERMIT 9. WRITTEN DOCUMENTATION *10. B. "Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special II) One(1)Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 1-6, are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: I) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition.. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300' radius 4.Adequate and_appropriate facilities will be provided 6. _locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure S. The use is in harmony with the purpose and intent of 1 T deed restrictions, easements. Zoning Bylaw. 11)Legend S Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in-red ., required by the particular Special Permit for which 2. Existing features to be removed in dashed lines ' l this application is made (i,e.the Earth Removal 3. Graphic Scales Special Permit has unigr.re criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. ' be accompanied by thb following described plan. Plans 10 D. Minor Projects , must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(`). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified. l 10 A. Major Projects return "receipt ($4.42 as Of November 2063)x#of all e those which involve one of the parties in interest identified in MGLA ch. 40A §11 on the Mayor projects are following whether existing or proposed: abutter's list for the legal notice check. Also, the 1)five or more parking spaces, applicant shall supply first class postage stamps I[ three (3) or more dwelling units. (currently 37c) x the#of parties of interest on the abutter's list for the decision mailing. In) 2000 square Leet of building area. B. Mailing labels: applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). lopoyraphic information. C. See 2005 Revised Fee Schedule. 3-�-� A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. F F F F rooTN Zoning Bylaw Denial Town pf North Andover Building rM*M 400 ompmd SL North AndowN; MA. 41845 4;444[ Phone Fax 41- $542 Stnwt: 107 Kant Date: 3-1-0§. nand Plane VW 1;W-J, is Plow be advised ti0 a11K rrrvisW of yoW APPO DENIED for So Zen"Byiaw moons: zon ng R-2 � [Votes hamNotes Frontage A ham dot Arra MOMO Iwfficient 1 Lot area insuffic� d 1 F 2 Lot Area yeg; Iss F yes 3 Lot Area 4 Ittsuffk III 4 Insufficient I 5 No acoass mw Frontago B use 1 Allowed G Contiguous Building Ana 2 Not Allowed 1 Insu Ansa 3 Use PreexM 2 4 ' I Permit fired e 3 CiJA 5 insufficient i 4 Insufflcieat iriforirt,dW C Setback H Wd Building 1 All setbacks CMOY 1 HOW Exceeds Maximum 2 FrOM Insumcstt *88yesZ 3 Left Side Ins 3 P 4 Right Side I 4 insufli�ertt � 5 Rear Insufficient Building 6 Preexisting s e s 1 COY e�oceeds Mum - 7 Insuffi t l 2 Cov D Watershed 3 Coverage Proexisino yes 1 Not in Watersitiad s 4 Insuffiasnt information 2 In Watershed I d 8 3 Lot prior to 10/24/94 1Sign not Mowed - 4 Zone to be Determined 2 Cunn b Insufficient Information 3 Irrsufficiart infonrteiwn N I A E Historic District K P 1 In District mview required 1 More Required ft 2 Not in district yes 2 Pariti 3 Insufficient Information 3 Insufficient Mfomatron 4 Parking RetrMecl for the above is checked below. Item s I g - pwgft phmnft Board HM• Vairianoe Site Plan Ro*w Permfi Setback Naritrtce Access other than Fronfte§2!9M Permit Varionce FrontageEmepLA Special PwM Ld Ane Varientce Common Ddwmw Special Permit Varwwe HousP Variertw for n Continuing CIM Ra�nent Spam Permit PON do Board IndependentjI PermitPenirtit Non.Cotrtormi Use ZBA Large Estate Condo Special Permit Earth Rentovel Permit ZitA Planned Diatrid PemVt P;w Uae not Listed but Similar Planned R Permit R- Permit for R-8 Permit Permit rtonoorhformin Watershed§ESW Permit The ab"taview and aftI d Such is bwd on the Piens and irtmtrINN oih atrbirt"- No dNini m review and or advice ehW be bww as var0atauplrNtlooe by lOA ow sw ouch ve" bl►the appkwt *WWI* provide dMhMiw ori a i o ft elum rwMar kr DEMNAL ADM imocu alM nddMedinp irft d- cr oet r wAseq a t etwgee b the in(onarMaE ioii.I- bythe gWkW anti kM pnounds for#*mA w le be voided sift disc dbm d Ute Bu hp oeparbhwrtt 11r areclhed deahetent tM OP101 t10*01 MtMnaMrer"be allechd hOdO and dtcaPowled here rh by raterenoe. The bul",pl PetlntertI vi nhtain d pkM sd d=xnWM ion for"aboae Ne.You wt M a new buiidirtp permit appkabn tam anti begirt ft perhnirirte Pie• R A►pP ^Dented Building Department 0111ciel Signature Plan Review Narrative The following nartative is pfovidW to further explain the mons for denial for the apWaww permit for the property indk@ted on the reverse side: MMI! fts MI ftr ON" ii�h�MlO! . - e ial Permit through the Zoning B6ard of Appeals r 4. 121 . 17 of the Zoning Bylaw. Retwred To: Fire fisrtit Polios IBoard Conservation of Public Work pwmft MhAoricet t'.aon OltW BUILDING DEPT TO: North Andover Zoning Board of Appeals FROM: Robert and Eugenia Bennett Robert and Eugenia Bennett 8 Grouse Hollow Road 46 Raleigh Tavern Lane Meredith,NH 03253 North Andover,MA 01845 DATE: 3/16/06 SUBJECT: Section 9 Special Permit for a Family Suite at 46 Raleigh Tavern Lane Our request of the North Andover Zoning Board of Appeals is to be granted a Special Permit to make the rooms and add a kitchen as a Family Suite which is to be located over the garage on the second floor according to 2.37.1,p. 20 and 4.121.17,p.27. As required,this family suite will be inhabited by member(s) of our household and most immediately by our mother (mother-in-law) who is 83 years old who presently lives in Ossipee,NH on a dirt road isolated from the village, especially in the winter. She has also had a broken neck in a car accident in the last 4 years and is not able to live alone in the winter.We want her to live with us with a level of independence at least in the winter for her health and safety. This Family Suite is in an appropriate location over the garage and has it's entrance from inside the house. Set back from the road is a third bay in the garage and a parking space outside as well that will not pose any nuisance or hazard to pedestrians or other vehicles. Adequate and appropriate facilities are included in the two rooms: 1 bedroom with a large closet, 1 full bath and a combination living/dining/kitchen room with more than adequate space and natural light. All utilities are located in the family suite and the water and septic are included in the present design.No change in the outside design or size is needed as it is already included in the present building. The use is in harmony with the purpose and intent of the Zoning Bylaw because it complies with the regulations 2.37.1, p.20 and 4.121.17, p.27 regarding a Family Suite, it's size with limitations and it's occupants. Setbacks comply with regulations. Thank you for your co sideration of this request. Robert B. Bennett Eugenia A. Bennett 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,notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 107.A 106 Robert&Eugenia Bennett 46 Raleigh Tavern Lane North Andover,MA 01845 Abutters Properties Map Parcel Name Address 107.A 9 Acorn Realty Trust 733 Turnpike Street#158 North Andover,MA 01845 107.A 101 Michael Chadwick 230 Farnum Street North Andover,MA 01845 107.A 102 Neil Thurber 210 Farnum Street North Andover,MA 01845 107.A 104 Erin Cournoyer 22 Raleigh Tavern Lane North Andover,MA 01845 107.A 105 Frances Stiglin 34 Raleigh Tavern Lane North Andover,MA 01845 107.A 107 Sylvia Soule 70 Raleigh Tavern Lane North Andover,MA 01845 107.A 108 Anton Denboggende 82 Raleigh Tavern Lane North Andover,MA 01845 107.A 117 Darrell Hamann 67 Raleigh Tavern Lane North Andover,MA 01845 107.A 118 Eric Loth 55 Raleigh Tavern Lane North Andover,MA 01845 107.A 119 James Warren 17 Raleigh Tavern Lane North Andover,MA 01845 107.A 139 Robert&Susan Rogers 60 Raleigh Tavern Lane North Andover,MA 01845 107.A 152 Richard McMahon 23 Gilman Lane North Andover,MA 01845 107.A 184 John&Wilma Breiland 103 Johnnycake Street North Andover,MA 01845 107.A 185 Scott Lindquist 115 Johhnycake Street North Andover,MA 01845 107.A 186 Mark&Emily Webster 125 Johhnycake Street North Andover,MA 01845 107.A 187 James Lampassi 135 Johnnycake Street North Andover,MA 01845 107.A 188 Steven Cavazza 147 Johnnycake Street North Andover,MA 01845 Date 3/7/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Jam Certified b : Date ? 06 n 40 26 i I EXISTING FRONT ELEVATION SCALE: U8"= 1'-0" MARCH 15 , 200'6 WILLIAM BALKUS ASSOCIATES �D � 5 V. TIN SOUTH MAIN STREET TOPSFffiM MA 019M WMAALKUSASSOCCAOLCOM Z TEL 978 887 3351 FAX 978 887 9290 ,MPP ` FAMILY SUITE RENO V ATION nvoFMP BENNETT RESIDENCE 4 . 6 R A L E I G H T A V ` E R N L A N E N O R T H A N D O • V -E . R M A S S A C H U S E T T S . .:- _. _.__.,...dam .__......., ........ ._ :..._... _ __ _ EXISTING RIGHT SIDE ELEVATION SCALE: 1/8"= F-0" MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES f V. . ARClUffiM , TIN SOUTH MAIN STREETTOPSFIELD MA 01983 WMBALKUSASSOCQAOL.COM 4452 TEL 978 887 3351 FAX 978 887 9290 FAMILY SUITE RENOVATION mOFe�rBENNE TT RESIDENCE 4 6 R A L E I G H T A V E R N L A N E N O R T H A N D O V E R M A S S A C H U S E T T S ` r I - rm LLD i '-- I EXISTING REAR ELEVATION SCALE: 1/8"= 1'-0" I MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES QED C; V. iARCfRlFJM TIN SOUTH MAIN STREET TOPSFMM MA 01M WMBALKUSASSOC@AOL.COM gg52 TEL 978 887 3351 FAX 978 887 9290 FAMILY SUITE RENOVATION OF BENNE TT RESIDENCE 4 6 R A L E I G H T A V E R N L A N E NO R T H A N D O V E R M A S S A C H U S E T T S SCREENED PORCH 7T] 00 --+ MASTER BEDROOM SUITE KITCHEN BREAKFAST LAUNDRY GARAGE FAMILY ROOM UP TO FIVTURE xFA SUITE il / ENTRY ff 'PORCH Fill. LIVING FOYER DINING .3. STUDY ID f PORCH ' MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES EXISTING FIRST FLOOR PLAN �RE� ARCM FJM r SCALE: 1/8"= l'-0" TEN SOUTH MAIN STREET TOPSFIELD MA 01983 WM 3AI KUSASSOCOAOI-COM _-_ Na, TEL 978 887 3351 FAX 978 887 9290 - 2 FAMILY SUITE RENOVATION "SOF BENNE TT RESIDENCE 4 6 R A L E I G H T A V E R N L A N E N O R T H A N D O V E R M A S S A C H U S E T T S I I - FUTURE FAMILY SUITE ABOVE GARAGE DECK I / • i 'DOWN TO FIRST FLOOR i I1 41 • i BEDROOM BEDROOM ED BEDROOM FOYER I__ - - -- i i MARCH 25 , 2006 WILLIAM BALKUS ASSOCIATES ACfgrF)M EXISTINGSECOND FLOOR PLAN V. ti TEN SOUTH MAIN STREETTOPSFIELDMA01983WM3ALKASASSOC@AOL.COM SCALE: 1/8"= V-0" TEL 978 887 3351 FAX 978 8 879290 FAMIL Y S UITE R E N O V A T I O N BENNETT RESIDENCE 7ff OF IAPB 4 6 R A L E I G H T A V E R N L A N E N O R T H A N D O V E R M A S S A C H U S E TT S 4 TOTAL SQUARE FOOTAGE FOR DOUSE: 6,248 SQUARE FEET ' ; 25% OF TOTAL SQUARE FOOTAGE: 1,562 SQUARE FEET ,• f TOTAL SQUARE FOOTAGE FOR BEDROOM PROPOSED FAMILY SUITE: 1,072 SQUARE.FEET 16 !/ 1001 a — 44,_8" DECK . BATH , " . i s ____:.DOWN TO FIRST FLOOR' tl PROPOSED FAMILY SUITE (1,072 SQUARE FEET); LIVING BEDROOM f - -- BEDROOM y ED BEDROOM + FOYER __- 24 — I T-, 47 ti MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES ARCBTIEM PROPOSED SECOND FLOOR PLAN TEN SOLTIIiMAIN STRESITOPSFf£LDMA01983WMBALKUSASSOCQAOLCOM SCALE: 1/8"= 1'-0" 4452 TEL 978 887 3351 FAX 978 887 9290 FAMILY SUITE RENOVATION OMF BENNETT RE SI D E N CE 4 . 6 R A L E I G H T A V ` E R N L A N E N O R T H A N D O VE R M A S S A C H U S E T T S i til • ZONING DISTRICT R2 �arrry LOCUS Required Applicant's Lot a e &6 h tavern Lot Area 43,560 sq.ft. Lot Area 44,452 sq.ft. S�reek ?I Max Height 35' Max Height 35' Lan Street Frontage 150' Street Frontage 197.85' Front Setback 30' Front Setback 68.37' Gam. Side Setback 30' Side Setback 38.36' Farnum Rear Setback 30' Rear Setback 38.40' co a� ree Required Parking 4 Parking 4 LOCUS MAP Map 107 lot 187 N.T.S. N/F \ James Lampassi 135 Johnny Cake St. \ \ Map 107 Lot 107 \ w N/F \ � Sylvia S. Soule it 70 Raleigh Tavern Lane Ma 107 Lot 186 \� �`A FOR REGISTRY USE ONLY P NSF \ z Lawrence Lunt 1 125 Johnny Cake St. Map 107 Lot: 184 \ N/F Scott Lindquist D ill Hole S46'27*13"E ; 115 Johnny Cake St. Fnd) Map 107 Lot 139 249.57 \ N/F 38.40 .� Parking \ Vincent McEntee 59.3 60 Raleigh Tavern Lane \ u' N N. \ In round Pool 2 \ + #46 arkin9 ' Concrete 20' SLOPE EASEMENT ��- 'o Foundation �. Crawl `en `O Space CAP of ch 38.36' \ Drive \ \ Map 107 Lot 106 \ I Map 107 Lot 105 68.37' 44,452 sq.ft. N/F 1.02 acres t Frances Stiglin o 34 Raleigh Tavern Lane ceo ry o0 N41'58'00"W IL 4 197.85 SITE PLAN Iron Pipe (Fnd) 1 =40 REFERENCES: RALEIGH TAVERN LANE 1 Deed Book 8958 Page 292 2) Plan #5913 of 1968 APPROVED BY THE TOWN OF NORTH Map 107 Lot 119 ANDOVER ZONING BOARD OF APPEALS N/F Map 107 Lot 118 N/F James & Linda Warren Eric & Rosemarie Loth 17 .Raleigh Tavern Lane 55 Raleigh Tavern Lane DATE OF APPLICATION PLAN OF LAND IN DATE of HEARING DATE OF DECISION NORTH ANDOVER, MASSACHUSETTS Prepared For I certify that the property lines shown hereon are the lines Robert & Eugenia Bennett dividing existing ownership, and the lines of streets and ways 46 Raleigh Tavern Lane shown are those of public or private streets already established, and that no new lines for division of existing ownership or for new ways are shown. Prepared By I certify that this plan was prepared In accordance with LeBlanc Survey Associates, Inc. the rules and regulations of the Registers of Deeds. 1 161 Holten Street Danvers, MA 01923 ' VERNON (978) 774-6012 Lee�ANC "I March 8, 2006 Scale: 1 "=40' NO. 33600 T �-° HOR. SCALE IN FEET Y•1,yep 0 40 100 200 PROFESSIONAL ND SURVEYOR DATE 9 t L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands �1 DEP File Number: 1 WPA Form 5 Order of Conditions� l242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 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 Bob Bennett use the return a. First Name b.Last Name c.Company key. 46 Raleigh VCWLane 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: 46 Raleigh Taven Lane North Andover a.Street Address b.City/Town Map 107A Parcel 106 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. 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) 1285 195 c.Book d.Page 5/26/05 6/a96)S '71Q0/0.5� 7. Dates: a.Date Notice of Intent Filed b.Date ublic earing Closed c.Dat6 of I uance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site PLan a. Plan Title E. H. A. and Soilsmith Designs Michael Gospodarek, P. E. b.Prepared By c.Signed and Stamped by 5/25/05 revised 6/6/05 revised 6/21/05 V= 20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: $215.00 $42.50 $ 172.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: �� I WPA Form 5 - Order of Conditions 242-1316 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: ❑ f. ® Protection of Wildlife Fisheries Habitat g. ® Groundwater Supply h. ® 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. P< 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 the 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) I fi Buffer Zone Impacts` Shortest distance between limit of project disturbance and S7 — wetland 7 — 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.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ' L11 �� 242-1316 WPA Form 5 -- Order of Conditions 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 ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ 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.c/y nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y 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 wpaform5.doc• rev.311105 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: L7 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1316 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 statutes and other regulatory 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 242-1316 wpaform5.doc- rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1316 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 a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the pians 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 inspectthe 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 asspciated 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.311105 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands SEP File Number: WPA Form 5 - Order of Conditions 'll""'a� 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? [D Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. [Z that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: n, r'fly A ve,- Z t1+� c t n a.Municipal Ordinance or Bylaw b.citatidh 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 I 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 conditions, select box to attach a text document I wpaform5.doc• rev.311/05 Page 6 of 9 ATTACHMENT TO THE DENIED ORDER OF CONDITIONS 46 Raleigh Tavern Lane North Andover, MA 01845 DEP File #242-1316 THIS DENIAL ORDER IS BEING ISSUED UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (WPA) AND REGULATIONS (310 CMR 10.00) AND THE NORTH ANDOVER WETLANDS PROTECTION BYLAW AND REGULATIONS (CHAPTER 178 CODE OF NORTH ANDOVER). I. FACTS &FINDINGS The applicant, Bob Bennett,filed a Notice of Intent with the North Andover Conservation Commission (NACC) on May 26,2005 for the construction of an addition to an existing single family dwelling,relocation of a driveway and the replacement of a subsurface sewage disposal system with associated grading within 100-feet to a Bordering Vegetated Wetland(BVW). The proposed work is located approximately 57 feet at its closest point to the BVW. This work includes grading associated with the proposed driveway. The addition is proposed approximately 90 feet from the BVW. A legal notice was published accordingly in the Lawrence Eagle Tribune,and a public hearing was opened on June 8,2005 (within 21 days from the date of filing). At the June 8th public hearing,the applicant's representative,Doug Smith of Soilsmith Design,was present to explain the proposed project. During this hearing,the NACC had determined that the plan submitted was insufficient and did not meet the minimal plan requirements as identified on the "Application Checklist" (Appendix A) pursuant to section 178.4 of the Bylaw and section 4.3.2 of the bylaw regulations. Specifically,plans were not stamped and signed by a duly qualified Registered Professional Civil Engineer and/or Registered Professional Land Surveyor of the Commonwealth of Massachusetts (whichever expertise is applicable). In addition,plans did not show proposed grading, which is also required under the same provision of the bylaw and regulations. Therefore,the NACC requested the applicant to revise the plans to comply with the bylaw and request a continuance to the next regularly scheduled public meeting date of June 29,2005. During the public hearing of June 29,2005,the applicant's representative presented revised plans in compliance with the Bylaw and bylaw regulations as requested. The commission felt satisfied that the revised plan reflected the requested changes. However,the Commission was concerned that unauthorized work had commenced on the site. Specifically,it had been observed that the entire existing dwelling had been razed and other work activities had commenced. This information was not discussed at thep g revious meeting. The Commission had asked the aPP licant's representative if this was indeed the case and questioned why this information was not mentioned at the previous meeting. The Commission also questioned where the new house would be located on the site,as it could impact the accuracy of the submitted site plan and the project. The applicant's representative failed to offer any information in this regard. As such,the Commission motioned to close the hearing and issue a decision in 21 days. II. DECISION: DENIAL As described in the Notice of Intent,the applicant was seeking an Order of Conditions authorizing construction of an addition to an existing single family dwelling,relocation of a driveway and the replacement of a subsurface sewage disposal system with associated grading within 100-feet to a Bordering Vegetated Wetland (BVW) under the MA Wetlands Protection Act(M.G.L.131 §40) and the North Andover Wetland Protection Bylaw&Regulations(c.178 of the Code of North Andover).In accordance with 310 CMR 10.05 (6) (c),the applicant must submit information sufficient to describe the site, the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Similarly,in accordance with section 178.5 (c) in the Bylaw and section 8.2 of the bylaw regulations, the applicant shall have the burden of proving by a preponderance of credible evidence that the activities proposed in the Notice of Intent will not cause adverse impacts to any interests and values sought to be protected by the Bylaw.Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be sufficient cause for a denial. After careful review of the information presented by the applicant's representative at several public hearings and field site review,the NACC closed the hearing. At the July 13,2005 meeting,a motion to deny was made and a 3-1-1 vote was rendered in favor of the denial. The proponent's request to construct an addition,driveway,and septic system with associated activities,as depicted on the site plans entitled, "Notice of intent Plan for 46 Raleigh Tavern Lane",prepared by Soilsmith Designs, dated May 25,2005, revised through June 21,2005 as filed under the MA Wetlands Protection Act (M.G.L. 131 §40) and Regulations (310 CMR 10.00) and the North Andover Wetland Protection Bylaw &Regulations (c.178 of the Code of North Andover)was DENIED. The decision failed to contain the majority of the vote for an approval;therefore,the decision is considered denied. The proponent misrepresented existing site conditions and failed to submit all relevant information to the Commission. The proponent failed to demonstrate compliance with the MA Wetlands Protection Act (MAWPA) and the North Andover Wetlands Protection Bylaw.The applicant failed to overcome the burden of proof (310 CMR 10.03(1)),and demonstrate to the Commission that proposed work would not negatively impact the interests identified in MAWPA,and the North Andover Wetlands Protection Bylaw. The proponent failed to satisfy the Commissions request to provide relevant information on the project to render an approval in the interests of protecting the interests of the resource areas pursuant to the Act and the Bylaw. As such,the proponent failed to demonstrate compliance with 310 CMR 10.05(6) (c) and section 178.5 (c) in the Bylaw and section 8.2 of the bylaw regulations. Consequently,no work is permissible at 46 Raleigh Tavern Lane,North Andover in lieu of this Denial Order,unless and until superceded by the MA Department of Environmental Protection or a new Notice of Intent is filed and subsequently approved by the Commission. 111. RECORD DOCUMENTS Notice of Intent filed by: Bob Bennett(Applicant) 46 Raleigh Tavern-Lane North Andover,MA 01845 Received Date May 26,2005. Plans prepared by: Soilsmith Designs 15 Foxberry Drive New Boston N.H. 03070 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlandsr WPA Form 5 - Order of Conditions "'6L 242-1316 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 71-abs condition pursuant to General Conditions#4, from the date of issuance. 1.Date cl Issu rice Please indicate the number of members who will sign this form: y 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 receipt requested) 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 Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: '--r2o' (_t Notary Ack owledgement Commonwealth of Massachusetts County of Essex North -fin 13 3"J �S On this Day �f Month Year Before me, the undersigned Notary Public, '5"c 0 I Mr.', 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 ]DO"ILWWM ignature of Notary Public ED Printed Name ofNotaryPublic Place notary seal and/or any stamp above e J �10`�� My Commissi Ex ires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Q(by certified mail, return receipt requested,on ao/Q 5' Date Date wpaform5.doc• rev.311/05 Page 7 of 9 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands TCA I&I WPA Form 5 - Order of Conditions 242-1316 I 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 Department's 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. i wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Foran 5 — Order of Conditions 242-1316 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 name 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: 242-1316 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner 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: Instrument Number If registered land the document number identifying this transaction is: 9 fY g Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9