Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 58 APPLETON STREET
• J "O"Ty O6 own Clerk Time Stamp q 6 7 OO DECEIVE o{g^ •g�p�§tai �`L Y"R1r*'S FF"I -44 2006 JUN 27 PM [S• 16 TO Y1 i' ZONING BOARD OF APPEALS HQRTH AHD R Community Development Division Iy9A "�M' " 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 Pro at 58 Appleton Street NAME: David J Bradbury 11EARING(S): Jane 13,2006 ADDRESS: 58 Appleton Street PETITION 2006419. North Andover,MA 01845 TYPING DAIR June 26,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of David J Bradbury,58 Appleton Street(Map 37.B,Parcel 20),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed second floor addition and 2-stall garage with living space above,and for a Special Permit from Section 9, Paragraph(s)9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming strums on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the West side of Appleton Street within the R-1 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 May 22&29,2006, The following voting members were present: Ellen P.McIntyre,Richard.J.Byers,Albert P.Manzi,III, David K Webster,and Richard M.Va llancourt. The following non-voting members were present:Joseph D.LaGrasse,Thomas D.Ippolito,and Daniel S. Braese. Upon a motion by Albert P.Manzi,III and Vd by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 19' from the right side setback in order to construct a proposed 2-stall garage and bath,sitting&storage space above;and upon a motion by Albert P.Manzi,1111 and 2m by David R Webster the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non- conforming dwelling to be extended by a 2-stall garage and bath,sitting&storage space above on a non- conforming lot per: Site: 58 Appleton Street 37.B,Parcel 20),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,owned by David Bradbury Date(&Revised Dates): 4/25/2006,6/26/2006 Registered.Professional Scott L.Giles,#13972,Scott L.Giles RP.L.S.,Frank S. Giles R.P.L.S., Land Surveyor 50 Deermeadow Road,North Andover,Mass. Building Plan Title Bradbury Residence,58 Appleton St.,North Andover,MA 01845,Add 2 Level/Garage KDK Design,Wilmington,MA Date: 4/12/06 Sheet/Drawing: [5 sheets Pagel of 3 hu tts 01845 0 Andover, 5@ 1 b00 Osgood Street,North An r, USSQE M Phone 978.688.9541 fox 978.688.9542 Web www.townofnorthandover.com Of poRTi4 ta6�t`°� Town Clerk Time Stamp F i. RECEIVED CtxA4 CnOFFICE ' 2606 JUN 27 FM ko, 16 9SS4CHU��� ZONING BOARD OF APPEALS VA D VE Community Development Division M A SS A,Cii With the following conditions: 1. The Mylar Site Plan shall be corrected to show the proposedaddition's foundation to be 24.5' 2. The decision shall not be signed before the Mylar is corrected. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R.Webster,and Richard M. Vaillancourt. The Board finds that Lot 11 (58 Appleton Street Map 373,Parcel 20 today)was created as an Approval Not Required lot on March 5, 1956,per Plan of Land in North Andover,Mass.,owned by Daniel E.Hogan, Jr. The Board finds that owing to the topography of the land and placement of the structure on that land especially affects 158 Appleton Street and the single-family;dwelling but does not affect generally the R-1 zoning district in which it is located. The Board finds that the existing single-family dwelling's left side setback does not allow for the proposed addition and would require relocating the existing driveway. The Board finds that placement of the garage in the rear would require importing fill in order to maintain the existing foundation`s elevation and require a substantial change in the ratio of soil to impervious surface in order to bring the driveway to the rear. The Board finds that a literal enforcement of the provisions of Paragraph 7.3 &Table 2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that the specific reason. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit for a 2-stall garage and bath,sitting&storage space above at 58 Appleton Street is an appropriate location because there are other two-story single-family dwellings with 2 stall attached garages on Appleton Street. The use,a single family dwelling with attached garage,will not adversely affect the neighborhood because the proposed addition,as designed,maintains the appearance of a single-family dwelling and conforms to the character of the neighborhood.. There will be no nuisance or serious hazard to vehicles or pedestrians because the lot can accommodate 2 off-street parking spaces. Adequate and appropriate facilities are provided to 58 Appleton Street. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this proposed addition shall not be substantially more detrimental than the existing dwelling to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688,9541 fax 978.688.9542 Web www.townofnorthandover.com t%aeTH (7 �.�f,EO ,s•qo Clerk Time Stam .'? '`''- a' ° RECEIV� n P TMYN CLERKS OFFICE 2006 JUN 27 PM 4. 16 � o <«.mow.,a• � 1,e ��SSACHUs 014 N 0 ZONING BOARD OF APPEALS NORTH AN0G R Community Development Division MA S S A CHU SE T` -' Note: 1.This decision shall not be in effect until-a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at applicant's expense. 2.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, Ellen P.McIntyre,Chtairdlian Decision 2006-019_ ' M.37.B P20. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townotnorthandover.com Noe TOWN OF NORTH ANDOVER VARIANCEca ZONING BOARD OF APPEALS c f NAME: Y//. .l3ie, V-z �'f� o= �c rn ADDRESS OF APPEAL: -15,91 /9 PLt'r-o/� ST: Aa Tigg,starpn Procedure & Requirements --t k for an Application for a Variance ;, Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND Cn submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an aeplication as incomplete. for mailing to the parties in interest(abutters)and for r The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner, STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be I Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP'9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's j decision may be made pursuant to Massachusetts ` STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1) original and ten(10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: North Andover Town Hall i 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 Of 4 978-688-9541 Zoning Board of Appeals Office 1 PAGE 2 OF 4 BOARD OF APPEALS application for a VARIANCE NORTH ANDOVER ZONING B pp , pwn complao all ibex 1-"III~ 1. Petitioner. *Name, *Address and telephone number: Isz- /Z "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: IJ�Yio ,z�Q ul�j X78 �5 Y- W51 AVP Lr7-O l 8-1 -- A 6 ;5'rzrN - 60V5 Years owned Land: 3. Location of Property: a. Street: ZT-01,3 Zoning District: 1 b. Assessors: Map number: 3 Lot Number: _ c. Registry of Deeds: Book Number: riln ZY42 —Page Number: 0-99,-7 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. --rl n -7. 3 IV: �* Z *Refer to the Zoning Bylaw Denial and Plan Review Narrative firm as supplied by the Building Commissioner. 5. Describe the Variance request: ,12+(ot1C7— 5>,D£ S7T7;B,-jr__k Orel TM above description shall be used for tit purpose of the bpd notice and decision. A more ddaNsd desaiption is requb+ed pursuant to the Zw"Board Rubs and Regulations ore cited on paps 4,sedbn!of thb application.Failure by dw appdCent to describe the request clearly may result In a decision that doss not address the intent of the appikmnt. The decision will be Nrnited to the requed by the applice nt and will not Involve additional ibme not Included above. 6 A. Difference from Zoning Bylaw requirements: lndk:ibs the dwwmdon(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking . F . Coverage Feet S Front Side A Side B Rear Sq. Ft. Sq t snags paces G� A. % Y B. % i Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear �,7�s 3 �� lasA99 so aa.s 6 C. Proposed Logs): Lot Area Open Space Percent Lot Frontage Parking Minimum tot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area .Open Space Percent Lot Frontage Harking ___Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feer Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units"" 43 Vo S 1 b RFs 1n F r-�:>�l, "Reference Uses from the Zoning Bylaw&Tabled. '"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Buikfing" of Umts"" s!6 fLs�ozr�Ti� *Reference Uses from the Zoning Bylaw&Table 1. -State number of units in bWlding(s). 8. Petitioner and Landowner signature(s): I Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish alf 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 by the Zoning Board of this application as incomplete. Signature: / � A21: k Type above name(s) here: S,1qY1,0 1- 02546"W L11Y E E PAGE 40F4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must bre supported by a 1) Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance bn One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and IM Plan prepared by a Registered Professional the 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,A-F,are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or 1) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 8. locations of buildings on adjacent properties C. .Facts which make up the substantial bardship, -within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcemer#,of the applicable zoning restrictions II)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 8. Names addresses and phone numbers of the sought may be given without nullifying or appkant,owner or record, and designer of substantially derogating from the intent or purpose surveyor- of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor ppb,such as decks, sheds,and garages, application. shall require only the plan information as indicated with an.asterisk(1). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1780-4841'for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class Postage stamps involves new construction/conversion/and/or a (currently 37¢)x the d of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.B. Mailing labels:Applicant shall provide four(4) ",Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8"(3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). I)five (5)or more parking spaces, 11.C. See 2005 Revised Fee Schedule. Q)three(3)or more dwelling units, [D►2,000 square feet of building area. Bi- A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B& 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be submitted.A and topographic information. Plan Review Narrative The following nerreWs is Provided to further explain the masons for denial for the applicatiory permit for the property indicated on the reverse side: t 7' Yet) J' �- '� Referred To: Fire I HMO bomit Pdice of Pubb Wades Planning Histodosl Garmission Other BUI D—m DEPT .•' '�.•b4 Zl�nit Bylaw Dfi Town Of North ,Building DIS ' 400 St North Artdo�ror, MA. 01845 Phone, lid Fax 8ttreet: -p d-r-2) n ' MM#Lot 2 v scant Rr r Please be mMsed*Wt atter rwriew Of Your MOkAhm and plow tlh�yow DENIED for Ow ftdowi"Zoning Bylaw reasons: Zmdng Nam Nabs 11em A Lot Am F FrOMIMP 1 Lot area Insufficient 1 Fmnfto 1nsu44!!!L1 2 Lot Am 2 F 3 Lot Area 3 proaxWWOnimpno 4 Ins ul ficiert 1 4 Insufficient Mforeistlicn t S No aoom overm Fro 1 Mowed EU Contiguous ittitdhq Ana 2 W Ahowed Insufficient t A 3 Use P cmpW4 S ai Pcumkt iced CBA 5 insullident Information IrmuMdent hfformatmn C Setacbk BuNdift HdW 1 Ail setbacim comply 1 HeW Exceeds Maximum 2 Ftont Ind 2 CanxAms 3 Left Side IrdWIVI Hent 3 PMWXMUM HOW 4 Right Side lnsttdfident ?�S 4 Insdficierd h*Wnmion 5 Rear InsuMcioM I Bump Covmpe 6 Preexists s 1 Cov ds Wmeemaximum 7 Insufficient Information 2 Cov p watarimW 3 Coverage Preexistirmp 1 Not in Watershed 4 1 Insuffident hifOtmMtan 2 In Watershed' z S J Sign 3 Latprior to 10124/94 1 sign not allowed 4 Zone to be Datesmined 2 Sign Complog 5 Insufftclent.lnfortation 3 InsuMdOnt bmtorrnation E Hfslboria District K Parking 1 In District review required 1 Ma+e 2 Not in disarict 12 P 3 Insufficient Infonnstfon 13 Irrssdficient Infanttion 4 Pre-exists Relrl9d for Ver above is chedted below. Ism e ftecid PMS Nofnd flim tr 1 Varianos Site No Raw SpecialPent So"Variance Accm-ottw tiwn F Permit Vo om , F Lot Specud Pemnit Lot Area Common DOvem Special Pemnit Heigit Variance Housing PWn* Variance for Continuing Care Retirement Special Permit spwW P miff Zoning Board I Elderly Housing SpscW Permit I SNOW Permit Non4ankmining Use ZBA Low F.sh to Condo ftecial Permit Firth Removal Special Permit ZBA PlannedDrAdgwnerd Disbid Special Permit 8pmW PenrA Use not Listed but Similar Planned Residential Special Permit Special Permit fbr Sign R$Dwmft special Permit Special Permit preimdsfing nonconformin S - Watershed MseisiPermit Thi above m*w mw aqatex*is beim an se plms and inromwe submred. No delbilva rewiew;and or st&G abet be beeed an wvbel Friona by ibe appicent nor sW sud%ve>bW Il by the apnieent .w.b prwids d*Wm u1mm%,b the stere ries m for DENIAL. Amp ineocurmcb ,niiateaditip ilmfariamaaorr,a aanr ufts mwd chunpas to ft intgeaYon subrrlM 'bylhe appk t*t»guerre far#b m*w b ba%aided at lame daCeeon of ft &"V Dwuft t111r etisahed dW%ffm t>Wed 4Wm Radice frMrelire'"be absolved bends and irroorporsled inrein by rMasi Ma I vA Rhin of pans and am nwrl iam*w the etas Ae.You must Ile a new"ON Permit roam and begin the pernWlirp pmom nia olfici i Signature Received ApplioeWn Denied I 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.' Subiect Pronertv: MAP PARCEL Name Address 37.B 20 David Bradbury 58 Appleton Street < North Andover,MA 01845 Abutters Properties Map Parcel Name Address 37.B 7 Matthew Nowland 158 Dale Street North Andover,MA 01845 37.B 8 Maria Dowd 128 Dale Street North Andover,MA 01845 37.B 15 Mark Wolfenden 228 Date Street North Andover,MA 01845 37.B 16 Felipe Schwarz PO Box 5 North Andover,MA 01845 37.B 17 Hunt Family Realty Trust 133 Dale Street North Andover,MA 01845 37.B 18 Mary Moynihan 5555 Lone Eagle Court Haymarkey,VA 20169 373 19 Teme-Ann Cahalane 153 Dale Street North Andover,MA 01845 37.B 21 George Boutselis 90 Appleton Street North Andover,MA 01845 37.B 32 James Phelan 97 Appleton Street North Andover,MA 01845 37.B 33 Elizabeth Trainor 95 Appleton Street North Andover,MA 01845 37.B 34 John Vellante 59 Appleton Street North Andover,MA 01845 37.B 40 Roxy Realty Trust 28 Appleton Street North Andover,MA 01845 37.B 41 David Brucato 44 Appleton Street North Andover,MA 01845 37.6 46 Dyer Trust 41 Appleton Street North Andover,MA 01845 373 47 Eleanor McClellan-Dickson 21 Appleton Street North Andover,MA 01845 Mass Electric Company 25 Research Drive Westborough,MA 01582 r _ Date 5/4/2006 Page 1 Of 1 This certifies that the names Sppeaft an the records of the Assessors office as of a 16 Certified Date 6 " J TO: North Andover Zoning Board of Appeals FROM: David J.Bradbury 58 Appleton St DATE: 5/8/06 SUBJECT: Section 9-Variance Application,points A-F A. My particular variance request for the proposed use of an addition of a 2 car garage with habitable space above. B. The particular circumstances:of my lot relating to soil conditions are not interfering,changing, or altering in anyway with any abutting property and will not substantially alter soil conditions of my lot provided the zoning variance is granted. Moving the proposed addition to meet the setback requirements would involve substantial change in soil because it would involve putting the addition in the rear of the home which would require a substantial increase in the amount of asphalt driveway to allow access to the garage. The particular circumstances of my lot relating to shape are that my lot is pre-existing non-conforming lot with 125 feet of frontage which makes the side of the proposed addition 19 feet less than the required 30 foot side setback. Placing the addition on the opposite side would also require a side setback variance. The particular circumstance of my lot relating to topography or to the structures especially affecting the property for which the Variance is less than the required 30 foot setback is that the structure is proposed so as to not require the introduction of fill to the property. The proposed structure will be built at the level of and over the current existing driveway which will not change the topography in a negative way of either my property or the abutter's property. C. Due to the shape of my lot,the placement of the foundation prior to the purchase of the property,and the current slope of the land,placing the garage elsewhere on the lot would involve substantial topographical alteration because of the introduction of fill. In addition,placing the structure elsewhere would require an increase in the amount of asphalt driveway. Placement of the proposed addition at a place that would meet the zoning required side yard setback would require substantially more foundation and structure in order to attach the proposed addition to the original house; as well as, result in substantial topographical and soil alteration due to the need for fill and additional asphalt paving for driveway; and thereby causing substantial financial hardship,which would result if the literal enforcement of the Zoning Bylaw section 7.3 and Table 2 on this land or use if the Variance relief is not granted. D. Granting of the variance will allow a less cluttered appearance to the neighborhood by garaging vehicles and outdoor equipment that are currently on the driveway providing safety to the surrounding abutters by deterring temptation of theft or mischievous damage will support a finding that the relief sought will be desirable and without substantial detriment to the public good. E. Approval of the proposed addition to the current house structure is desirable as it will entail adding fewer structures,removal of only one tree of the surrounding topography and will be more than 100 feet from the abutting property's house structure,will add value the existing structure and not interfere with abutters support a finding that the relief Sought may be given without nullifying or substantially derogating ftom the intent or purpose of the Zoning Bylaw. PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY sl. DAVID BRADBURY LOCUS x SCALE: 1"=30' DATE:4)252006 0' 30' 60' 90' m Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover,Mass. THE ZONING DIST. IS R1. C `' 1 usT 87,120 S.F.AREA 31 8+ peALTY R 175'FRONTAGE �P A���Y 30'SETBACKS ALL AROUND. NUr('( F X00.4 MAP 37 B, PARCEL 18 MOYNIHAN FAMILY TRUST MAP 37 B, PARCEL 20 21,715 S.F. Z 'R N m o, .N .z Q 29 MAP 37 B, PARCEL 19 O CAHALANE EXIST HSE, 12- FND. 12. Gq C'7 R Q #58 PROPI GAR. 39' i9f 4' 7o er 1a5.o' APPLETON STREET THIS IS TO CERTIFY THA T`I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PROPERTY uNES SHOWN ARE THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDO VER MINES DIVIDING EXISTING OWNERSHIPS,AND BOARD OF APPEALS RETHOS01:f STREETS R VATSTREETS OR WAYS ALREADY ESTASUSHED,AND NO NEW LINES FOR DIVISION OF EXISIING OWNERSHIP OR NEW WAYS ARE SHOWN. L1H OF • 13g7 fssSTEEt�4 ' DATE OF FILING: c'��t l.AiN DATE OF HEARING: DATE OF APPROVAL: a _ _ _ __ ------------------ --__—= =_=____ _---_—=___ _ ______ _ ___________-- —— ___ _—_—___==—__—_—= ___=---=____ ===--===--=--==—=-=— ===_ ---------_ _ ---------— ====___—_______=_=__ ___-- =_ ===__— __ __==—=_=__==__ __ _ =__=_—=_=_=___=__=__====_ — _____ poolj lel rrZr87� cl ,S ink Pal// I wl ung .z tt„ . „� „-ate- v�_ _ ;��• = _” ;�..�' m _ ol di Family 2 Kitchen to be modifici � Pantry v Q 0 U r?-- 551-97 N GL. Livi 28' Sfu�y Gar e ol 60,,2„ l5f tl oor Pro posed 5co/e; //161 / - roll op 9D �afh Ped#4 GL. MaSfer#I Lcundry G_ " M,r�afh 33'-92" CIL, ON I ti I I I ocd#3 ped#2 ! CIL I L I— I - -1 UPi G}� 5forage I I 5foroge 1 Znd Floor Proposed l CEIVED `w TOWN OF NORTH ANDOVERPECiAL PERI ' r ; . s 1 ZONING BOARD OF APPEALS 2006 MAY 25 AIM 10, 51 NAME_ YJ.,0_ Z ADDRESS OF Procedure & Requirements for MAssaCi, ..r. an Application for a Speciate Permit HEARING AND Ten(i o) copies of the following information must be STEP d: SCHEDULING OF HEAR 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 k time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an a ication as irtcom e. notice for mailing to the parties in interest(abutters)and The information herein is an attract 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. itioner will com lete LeMj that are uW2dIn STEP ,,} NOTICE T i STEP 1: ADMINISTRATOR PERMIfi DENIAL: ' NEWSPAPER ERYi P The petitioner applies for a Building Permit and The petitioner pies 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 legs) ' Building Commissioner: notice to the local newspaper for publication. STEP 3: PUBLIC HEARING BEFORE THE ZONING STEP Z• SPECIAL PERK T AMUCATIQN FORM OF APPEALS Petitioner completes an application form to petition the The petitioner shouldappedr in his/her behalf, or be Board of Appeals for a Special Permit. All information ` as required in items 1 through and tndudir� 11 shalt be represented by agent,or attorney. in the absence of 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 8. DECISION: cited in Section 10 page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4• LIST OF PARTIES IN INIEREST: decision may be made pursuant to Massachusetts The petitioner requests the Assessors Office to compile General Law c tL 40A sec. 17*within twenty(20)days acertified list-of Parties in lMerest{ai�tters?-__ __ _.e w______ ._________ after the decrsian'rs —id-with tfi+e Tiwr�Cleilt. STEP 5• SUBMIT APPLICATION. SEP 10RECORDING• THEDECISION AND PLANS Petitioner submits one(1)original and 10 Xerox copies of all the required information to the Town Clerk's Office The:petitioner is responsible for recording certification of .with the time arxi.date the.decision:, Mylar, and any accompanying plans at the to be certified by the Town Clerk Essex County North Registry of Deeds,381Common of filing. The original will be left at the Town Clerk's ' St.,Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the Zoning Beard of Appeals secretary. of Recording farm and forward it to the Zoning Board of Appeals and the Building Department- IMPORTANT PHONE NUMBERS= 978-838-9533 office of Community Dev. &ServicesNorth Andover Town Halt 1800 Osgood St., Bldg. 20, Suite 2-84 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-13542 fax for all Community Development offices g78-688-8501 Town Clerk's Office 978-888-9545 Building Department 378-888-9541 Zoning Board of Appeals Office 978-888-9588 Assessor's Office PAGE 1 of 4 j PAGE 2 OF 4 Date$Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OR APPEALS ObMet" i -� X31 - �;r = 3-7 ; 1. Petitioner: Name, address and telephone number. Q a Q O 'The petitioner shall be entered on the iegal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 0 Owned Land: 3. Location of Property: a. Street: $' I`PO L7"taiy :2Zoning District R 1 b. • M81)nwbe r_ _Lot Number. c. Registry of Deeds: Book Number5 _Page Number—,---3,a77 4. By-Lawes Sections under which the petition for the Special Porn*is made. Z 'Refer to the Permit Denial and Zoning ey4.aw Plan Review as supplied by the Building Commissioner. - _ 5. Describe the Specie Pern*request: -5'T r 14a d A-r l fir 2A,I tS?�' 14A40 VC'T7fAs" 'The above description shalt 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 PERMI 4 ' 6A. Existing Lot(s): Lot Area Open Space Percent Lot- Frontage Parking Minimum Lot Setback Sq. Ft. S Ft -76"Cov age % Fee�iSpa' s Front Sid�{e�A Rear 61B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. So,rT Cover ge Feet Spaces Front Side A Side B Rear 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Fron Sq F© Sq. Ft, CSpaces. Front S1 A Side 8 Rio-ar owr ,� Fe� 9e Parking' Minimum Lot Setback 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. i **State number of units in building. 7B. Proposed 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. 8. Petitioner and Landowner signatures) i 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 b the Zoning Board of this appli on as incomplete. Signature Type above name(s) here ,C1 .aLl 12 iS v PAGE 4OF4 SPECIAL. PERMIT 9. WRITTEN DOCUMENTATION *10. B.*Pian Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"07". preferred scale of 1"=40' detail all facts relied upon. When requesting a Special m One 11)Mylar. Permit from the requirements of MGL.A ch. 40A, and the III) Plan prepared by a Registered Professional North AnZoning aldimensional Engineer with lock for requirements secley identified and factually five(5)ZBA signatures and date on the supported. All points, 14,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: q 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 approprate 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 5. The use is in harmony with the purpose and intent of t 7. deed resirictions. easements Zoning Bylaw. 11)Legend& Graphic Aids: 6. specific reference and response to the criteria 1. Proposed features in solid lines & outlined in red i oquired by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales ;penial Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the applicant owner or record. and designer or 14. PLAN OF LAND Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted Mth this application to the Town Mirror projects,such as decks, sheds, and garages, clerk's office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with prior to the public,hearing before the Zoning Board of 3n. asterisks(`). in some cases further information inay appeals. be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application A. Notification fees: Applicant shall provide a involves new construction/a conversiont and/or a check or money order to: "Town of North Andover- 17W4841—forthecost offirstlass: certified: - 10 A. Major Projects return receipt($4.42 as of November 2003)x#of all ro eels are these which involve one ot.the parties in interest identified in MGLA ch. 40A §11 on the Major P j abutter's list for the legal notice check. Also. the following whether existing or proposed: applicant shall supply first class postage stamps 1)five or-nore parking spaces, (currently 37c)x the#of parties of interest on the fl)three (3)or more dwelling units. abutter's list for the decision mailing. !11)2000 square Tenet of building area. 8. Mailing labels: ,applicant shalt provide four(4) sets of mailing labels no larger than l"x2-5i8" (3 copies 71.1jor Projects shalt require that in addition to the above for the Legal mailing and one copy for the Decision atures, pians muse show detailed utiiiti mss, soils, and mailing). aNliiC ir.forn�ution. C. si3-e 2005 Rc•nsr d Fee Sched-lie. -? 444 A Special Permit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. Town of North Andover North Andover,Ma. 01845 5/23/06 To Whom It May Concern: RE: Special Permit Written Documentation for 58 Appleton St. 1. The particular use proposed for the land or structure: Requesting a variance on the side set back dimensional requirement for the purpose of replacing an existing one-stall carport with a two-car garage with habitable space above. This is in addition to adding a second level to the current one level structure. 2. The specific site is an appropriate location for such use, structure, or condition: I am desirous of replacing an existing one vehicle carport with a two car garage on the East side of the house and adding a second level to the current house structure; which has been deemed"Pre-existing non-conforming". Adding the garage to the North side or rear of the house would be impractical because it would involve more structure to be built,both in terms of the actual garage structure itself and in additional structure to attach the garage to the main house. It would also require a substantial extension of the current driveway to reach a garage positioned in the rear of the house. Placing the garage on the West side of the house would also be impractical because it too would encroach on a side setback and would involve the construction of an entirely new driveway. A new driveway on the West side of the house would likely involve a substantial amount of fill due to the slope of the current yard. In addition, it too would involve more structure to be built as opposed to the East side. The South side of the house,which is the front of the house,would also be impractical because it would involve a front setback issue as well as additional structure to attach the garage to he current house. 3. There will be no nuisance or serious hazard to vehicles or pedestrians: This land is set back from the road,away from vehicles and pedestrians. Proper care and clean u of the site will take lace daily. P p Y 4. Adequate facilities will be provided for the proper operation of the proposed use. The proposed additions to the current house would not require the extension of any public facilities such as sewer, water, or paving. Utilities for the proposed additions are currently in place and the recent hookup to the town sewer system has alleviated any concerns involving an increased amount of stress on the previous septic system. 5. The use is in harmony with the purpose and intent of the zoning by-law: It is my understanding that the intent of the side setback requirement is to provide sufficient distance between dwellings in the zoning district. The relief being sought does not substantially denigrate or impose upon our neighbors,who border us with their driveway and two stall-detached garage. In addition there is an abundance of open space for both lots. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made: The criteria for this special permit being requested for the extension of a pre- existing non-conforming structure is based upon an appeal of hardship caused by living space/conditions.The house was originally built to comply with previous zoning requirements. Since that time, set back requirements have been increased, causing the house to be deficient in a right side setback. The current carport is impractical,because it provides limited shelter from the elements and with the location of the chimney inside the area of the carport, it impossible to utilize the full length; Vehicles must be parked with a portion exposed to allow for the opening of doors. The addition of a second floor to accommodate more bedroom space is essential with a growing family; which has already exhausted the current living space. Sincerely, David J. Bradbury Abutter to Abutter( ) Budding Dept. { ) Canservatff n{ j Zoning Town of North Andover Abutters Ustintt REQUIREMENT: IAGL eoA.Sedan 11 stAft in part'PaGes in Werest as used in fto ampler mew Ow pa5tio . abuttem owners of land a-eecey opposdam any public or povate way,and abukerss b abutters vStlrin UaeelaWMd(300)feet of fieprepedyrrneofdwpetsmerasttreyappear anftrood wDardappftsWe tax Est,not witlrsbmxW g Wad Yee land of any arch owner is located In anotlwdW or town.Vw Oancwg board of Ore dty or bwi%and Bre ptannsg board of every ahfty aty or wwn:l Sublect PIODertV: MAP PARCEL Name Address 37.8 20 David Bradbury 58 Appleton Street North Andover,MA 01845 Abutters Properties MaD Parcel Name Address 37.6 7 Matthew Nowland 158 Dale Street North Andover.MA 01845 37.8 8 Maria Dowd 128 Date Street North Andover,MA 01845 37.6 15 Mark Wolfenden 228 Dale Street North Andover,MA 01845 37.8 16 Felipe Schwarz PO Box 5 North Andover,MA 01845 37.6 17 Hunt Family Realty Trust 133 Dale Street North Andover,MA 01845. 37.6 18 Mary Moynihan 5555 Lone Eagle Court Haymarkey,VA 20169 37.6 19 Tetile-Anti Cahalan 153 tate Street North Andover,MA.01845 37.B 21 George Boutsells 90 Appleton Street North Andover,MA 01845 37.8 32 James Phelan 97 Appleton Skeet North Andover,MA 01845 37.6 33 Elizabeth Trainor 95 Appleton Street North Andover,MA 01845 37.13 .34 John Vellante 59 Appleton Street North Andover,MA 01845 37.13 40 Roxy Realty Trust 28 Appleton Street North Andover,MA 01845 37.8 41 David Brucato 44 Appleton Street North Andover MA 01845 37.8 46 Dyer Trust 41 Appleton.Street North Andover,MA-01845 37.13 47 Eleanor McClellan-Dickson 21 Appleton Street - North Andover,MA 01845 Mass Electric Company 25 Research Drive Westborough,MA 01582 Date 5/4/2006 Page 1 Of 1 This certifies that the names appea ft on records of the Assessors Offke as of Certified Date b f O+NORTH NN Zoning Bylaw Denial Town Of North Andover Building Department 1600 Osgood St. North Andover, MA. 01845 .4 us'S Phone 978-688.9545 Fax 978-688-9542 Street: 58 Appleton Street Ma /Lot: 37.B/20 Zoning District R-1 Applicant: David J.Bradbury Request: 2nd floor&garage addition Date: 5-17-06 Please be advised that after review,of your Application and Plans that your Application is DENIED for the following Zoning.Bylaw reasons: Zonin item Notes Item Notes A Lot Area Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Com lies 3 Lot Area Com lies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting X 2 Complies IX 4 1 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) X 1. Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed .3 Coverage Preexisting~ X 1 Not in Watershed 4 1 Insufficient`"Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 1 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E_ Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies - 3 Insufficient Information 3 Insufficient Information .4 Pre-existin Parkin - Remedy for the above is checked below. Special Permits Planning Board Item# Variance It Site Plan Review Special Permit 0/4 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care retirement Special Permit S tial Permits Zo ,ning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not,Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit AM j2&C/4 Special Permit preexisting nonconforming lot &F11.3 Dl2 Watershed Special Permit The above review and attached explanation of such is based on tine plans and information submitted. No definitive review and or advice shall be based on verbal expianations.by the appilcant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading v , information,or other subsequent changes to the information submitted by the applicant shalt be grounds"for this review be voided at the discretion of the Building Department..The:attached_document titled.'Plan Review Narrative"shall be' attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Buil ing Department Official Signature Applic on R eived Application Denied Denial Sent: if Faxed Phone Number/Date: Plan Review Narrative The following narratiVe is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: C/4 A Variance from Section 7.3 &Table 2 of the Zoning Bylaw is required from the Zoning'Board of Appeals for the proposed right side garage addition. A/1,2 & A Special Permit from Section 4:2 is required for the extension of a pre- F/1,3 existing non-conforming structure on a pre-existing,non-conforming lot from the Zoning Board of Appeals. D/2 A Watershe&Special Permit through the Planning Board may be required from Section 4.136 of the Zoning Bylaw for an addition in the Watershed Protection District.' Referred To: Fire Health Police Zoning, Board C6hservetton Nvartfn6ntbf Public'Works P.lannhig, His At'2l Co.'mission Other ,, BUILDING DEPT PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY DAVID BRADBURY cocas x "�� SCALE: 1"=30' DATE:4/11006 N 5 of ao 69sa, PpPy�go y Scott L. Giles R.P.L.S. Frank, S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. THE ZONING DIST. IS R1, CL UST 87,120 S.F.AREA 37AL TR 30 SETBACKS ALL AROUND. OL)RTFAOL i 14p•0 MAP 37 B, PARCEL 18 MAP 37 B, PARCEL 20 M4YNfHAN FAMILY TRUST 21,715 S.F. 'T1 ZN., N Z Z 29 MAP 37 A PARCEL 99 p CANALANE EXIST.HSE. f2' FND. , C7 PROPI GAR N :391 9, 4' a APPLETOw STREET THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PROPFRrYLIIVEs sHOWNARE THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDO VER LINES DIVIDING EXISTING OWNERSHIPS,AND BOARD OF APPEALS ARErHosecoFPusucoxPRva EsrR s OR WAYS ALREADY ESTASUSHED,AND NO NEW LINES FOR DIVISION OF EXIS77NG OWNERSHIP OR NEW WAYS ARE SHOWN. %tH Of II `A 13972 y DATE OF FILING: ��LA14M DATE OF HEARING: L DATE OF APPROVAL: EMENS - __ - - - --- -®___ i ® _----- -_ -- _- - ®_ -®- - - _ ---—- _ ---------------------------------------------------- - - -- -- --- - ® _ __ _ _ _ _ - --__ _-__-_ _ _ __ -__ _ _ _ -_ - -- ® __--- ®_ - ___ - - _ _ - -® ---®_ __ __-- - — — ® - --_® -__-_- _ __- -- -- --_ - _ - -_ - _ - -__ ----_-_ - _--- - .� ®_ - =® ____________ __ _ _--=__ _ __® __== ®=e= _-_ _— _______e®_ -®® -_____�_____ —_ ® __ - - - --- _--_- -- -- -- -- -- -- -- _ -__ __ - _-_-_-- -_-- ___- _____ -� -- - - -_ _-_ - - -- WOMEN so so I-so mut T e,= i j "'—��',�1lla�®®�•j�_I11 '-- �(�1�1Illt i , _, — = - ii■' ii■ --HUM � ��__. ■ ■ ■ ■ — ■ ■ ■ ■ _ ■■■ ■■■ — I .ii■ NINE i i2 EMO I Lu DD t Pfopo5cd Leff Elcvafion Propo.5cd Pcaf Efcvafion ScaJe.� 1/8" 110" 5ca/c; 1/8" - l`O" MIX" w.., v Sun Pry Din10''IZ" Den -------------------- __----- -- " Pied Kitchen G Z 28,-8„ Ped � Livi l3afh GaFpoif 5' 481-211 l5l Floor Exi�finq a 10`-1 ' Family Kdchcn io be nodificd Pmahy Rol Ed Study Gac �' 0„ /-,5/ Floor fropo5cd Scale, 3/IG" - 1'0" Odh I IF-11 GL. 2 17ogter#) L , 2� 5winq 33, 9 „ GL pIV GL E 1 ( g8, Ocd#3 Coed#2 t cL t i 1 it J L ur I �� 5fora�e � ( 5foia�e lk Z nd Floor Proposed Of NORT#t 3?°`s'i`p •, '�'o�L Town Clerk Time Stamp RFCEIVED � y TOVi CLERK'S OFFICE. �1ssac T 0111N O ZONING BOARD OF APPULSNORTH AIIOO I r Community Development Division MASS AO OSE ' ' Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Beard of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 13`h of June, 2006 at 7:30 PM to all parties interested in the application of David J. Bradbury,58 Appleton Street(Map 37.B,Parcel 20),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed second floor addition and 2-stall garage with living space above, and for a Special Permit from Section 9, Paragraph(s)9.2 of the Zoning Bylaw in order to extend a pre-existing, non- conforming structure on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the West side of Appleton Street within the R-1 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 May 22&29, 2006. Legalnotice 2006-019. M937.BP20. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com NORTy Zoning Bylaw Denial Town Of North Andover Building Department 1600Osgood St. North Andover,MA.01845 VSs^`"'`� Phone 978-688-9545 Fax 978-688-9542 Street: 58 Appleton Street Ma /Lot: 37.B/20 Zoning District R-1'. Applicant: David J.Bradbury Request: 2Rd floor& ara a addition Date: 5-17-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting_ X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting X 2 Com lies X 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies 3 Left Side Insufficient 3 1 Preexistin Hei ht 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 I Not in Watershed 4 1 Insufficient Information 2 In Watershed X d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking I I In District review required 1 More Parking Required 2 1 Not in district X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existin Parkin Remedy for the above is checked below. Special Permits Planning Board item# Variance It Site Plan Review Special Permit C/4 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit A/1,2&C!4 Special Permit preexisting nonconforming lot &l=l1 3 D/2 Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Official Signature Applicadon Reteived Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: DOOM Reasbfns for DMIst Fof1tit NOM r Rt�fet�ft+re C/4 A Variance from Section 7.3&Table 2 of the Zoning Bylaw is required from the Zoning Board of Appeals for the proposed right side garage addition. A/1,2& A Special Permit from Section 9.2 is required for the extension of a pre- F/1,3 existing non-conforming structure on a pre-existing,non-conforming lot from the Zoning Board of Appeals. D/2 A Watershed Special Permit through the Planning Board may be required from Section 4.136 of the Zoning Bylaw for an addition in the Watershed Protection District. Referred To: Fire Health Police Zoning Board ConservationD rtment of Public Works Planningit Historical Commission Other BUILDING DEPT Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer,use Conservation Commission only the tab key to move To: Applicant your cursor-your Owner(if different from applicant): do not use the David J. Bradbury Same return key. Name Name 58 Appleton Street Mailing Address Mailing Address North Andover MA. 01845 ,enn City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: RDA 3/15/07 Title .Date Plan of Land 3/1/07 Title Date Title Date 2. Date Request Filed: 3/15/07 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): construction of an addition with a concrete foundation to an existing single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland Project Location: 58 Appleton Street North Andover Street Address City/Town Map 37B Parcel 20 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.3/1/05 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified ReviewANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas"listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove,fill, dredge, or after that area.Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw:. Name Ordinance or Bylaw Citation wpeform2.doc•rev.3/1/05 Page 2 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the WetlandsProtection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge;or alter that area.Therefore,said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including g the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.3/1/05 Page 3 of 6 t NORTil O ,t4eo e14rp 02 ~•: _ '^, a pL ti a A CWU � 014 tetwtwtwnt �� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 58 Appleton Street,North Andover At the March 28, 2007 public hearing the North Andover Conservation Commission(NACC) voted to issue a Negative Determination of Applicability for the razing of an existing 10'x15' sunroom on sonotubes,in order to construct an addition on a full foundation in kind. Work will take place within the Buffer Zone to a jurisdictional Bordering Vegetated Wetland (BVV) located off property within the National Grid easement. Applicant: David J.Bradbury 58 Appleton Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability received March 15,2007. Site plan entitled, "Plan of Land",prepared by Scott L. Giles, R.P.L.S.,dated April 25,2006 revised through March 1,2007. Stamped&signed by Scott L. Giles,R.P.L.S. Letter to Lincoln Daley,Town Planner,prepared by Arrow Environment,LLC.,dated July 10,2006. Pre-Construction •3 A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands as shown on the approved plan referenced herein. 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. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverNL-�—Conservation/index ❖ Immediately following completion of the above-mentioned items, the applicant shall contact the Conservation Department to schedule an on-site pre-construction meeting.The applicant and contractor must be present at this meeting. This Determination 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 permitted work are fully aware of the permit's terms and conditions. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.48 hours). Post Construction ❖ Immediately following completion of the work,any disturbed areas shall be permanently stabilized against erosion. Once the site is adequately stabilized,the Conservation Department shall be contacted to conduct a final site inspection. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Wleb:http://www.townofnorthandover.com/Pages/N AndoveriNfi1—Conservation/index Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to,protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivereVs: ollowElby hand delivery on y certified mail, return receipt requested on 3 A I A) -7 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal,state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office(see Attachment)and the property owner(if diff rom the applicant). Signatures: ` � G, %1�71 Z �. i Date wpaform2.doc•rev.3/1/05 Page 4 of 5 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner,any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see Attachment)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Actor regulations, the Department of Environmental Protection has no appellate jurisdiction. I wpaform2.doc•rev.3/1/05 Page 5 of 5 ILIMassachusetts 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 Wates 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 Egremord Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfiew 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 OtisSpringfield 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 Bane 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 Balton 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 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 Wegfiest 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 FaII 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 Arlington 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 Sherbom 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 i Wpaform2.doc-DEP Addresses-rev.10/6/04 Page 1of i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer,use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code "Q Phone Number Fax Number(if applicable) Project Location ISI Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation($100) Send this form and check or money order for the appropriate amount,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form-rev.10/6/04 Page 11 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions(cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw,and not on the Massachusetts WetlandsProtection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Attachment A). 4. 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. i wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6104 Page 2 of 2