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Home My WebLink AboutMiscellaneous - 15 NUTMEG LANE . i Massachusetts Department of Environmental Protection -- Bureau of Resource Protection Wetlands WPA Form 8B — Certificate of Compliance DEP File Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24 i Provided by DEP A. Project Information 1 n Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Key-Lime, Inc. computer, use Name only the tab key to move 60 Beechwood Drive your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code rab 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Land Corporation Name 6/6/96 Last Amendment issued June 16, 1999 242-784 Dated DEP File Number 3. The project site is located at: 1515 Nutmeg Lane(Lot 14) North Andover Street Address City/Town Map 38 Parcel 284 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: North Andover Land Corporation Property Owner(if different) Essex North 5495 39,52,57,60 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/7/06 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 1 partial certification p that have been completed p eted and are released from this Order are: PCOC for Lot 14 15 Nutmeg Lane only — ee- +IT,4 On As r ro Jul s 44,c 6y er.(7 - nV{f Q (' �`'C C- f¢• t U:. ...-s oVr-�.t wpaform 8b.doc•rev.7113/04 Page 1 of 4 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 2-784 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 47 C. Authorization Issued by: North Andover �� Q Conservation Commission Date of Issulfince This Certificate must be signed by } Ity of the Conservation Commission and a copy sent to the applicant and appropriate DE egional Office(See Attachment). Signatures: ^J "Y ��.s� V -.I�✓ I Vl "mom/ I wpaform 8b.doc•rev.7/43/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts WLIetlands Protection Act M.G.L. c. 131, 40 242-784 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North th On this ►a- Of ^�. oco 6 Day Month I Year before me, the undersigned Notary Public, personally appeared ,c C1-E HCL S S— 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 Snature of Notary Public DONNA M.WEDGE Printed Name of Notary ry Public cor�►aoNwekn�OF wssAt�+us My Cornet,Etr w Aug.7,2009 1'q1e)e0q My Cofission Expires(Date) Place notary seal and/or any stamp above SigrVature of Notary Public wpaform 8b.doc•rev.7113104 Page 3 of 4 Massachusetts Department of Environmental Protection ILBureau of Resource Protection - Wetlands DEP File Number. WP A Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-784 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: 242-784 Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 A - Massachusetts Department of Environmental Protection j� Bureau of Resource Protection - Wetlands 1 DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton 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 Phillipston Townsend Boylston Holden Mention 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 FBX; 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 wpaform8b.doc•DEP Addresses•rev.4110106 - Page 1 of 1 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 Property Owner(if different from applicant): your cursor- do not use the David &Michele Pope Same return key. Name Name 15 Nutmeg 1)9lie, Mailing Address Mailing Address North Andover MA. 01845 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: Proposed Deck Plan 6/10/04 Title Date Title Date Title Date 2. Date Request Filed: 6/10/04 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): The construction of a deck on sonotube footings to the rear of an existing single family dwelling in the buffer zone to an isolated vegetated wetland. Project Location: 15 Nutmeg Lane North Andover Street Address Citylrown Map 38 Parcel 284 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12/15/00 Page 1 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.) 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)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 alter 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. ❑ 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 wpaform2.doc•rev.12/15/00 Page 2 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.) ❑ 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 Wetlands Protection 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 condition ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including 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.12/15/00 Page 3 of 5 Negative Determination of Applicability 15 Nutmeg Lane Conservation Conditions Record Documentation: Request for Determination of Applicability, received date 6/10/04; Plan entitled "Proposed Deck Plan, 15 Nutmeg Lane, North Andover, MA", prepared for David and Michelle Pope, dated June 10, 2004, prepared by New England Engineering Services, Inca Pre-construction Conditions • Prior to the commencement of any work activities on site,the applicant shall install erosion controls in the locations depicted on the above referenced approved site plan. Said erosion controls shall be installed in accordance with the erosion control detail. • Permanent wetlands markers shall be installed along the 25' No-Disturbance zone every 25' feet or in cases where the 25' is not being met, along the existing limit of disturbance. These markers can be purchased at the Conservation Department. Immediately following completion of the above, the applicant shall contact the Conservation Department, at least 72 hours in advance, to schedule anon-site pre- construction meeting. Post Construction Conditions • Upon completion of substantial germination of the disturbed areas, the applicant shall contact the Conservation Department for a post-construction inspection to ensure deck construction had been completed in accordance with the approved plan. L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 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. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested on 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( ee Appendix A)and the property (if different from the applicant). Signatures: E Dat wpaform2.doc•rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection r- Bureau of Resource Protection Wetlands WPA Form Z — 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 Appendix A)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 Appendix E: 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 Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12/15/00 Page 5 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Appendix A - 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 Sandisfreld 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 Levereft Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pethem Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardslon Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 Lun enburg Paxton Sturbridge Winchendon Blackstone Groton Mariborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipslon 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 NewBedford Rochester Weilfleet 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 CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Minis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfeld 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 Wpaform2.doc•Appendix A•rev.11/22100 Page 1 of 1 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out1. Person or a�Ymakin 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 VQ Phone Number Fax Number(if applicable) Project Location 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 ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaforrn2.doc•Appendix E•rev.2/00 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — 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 Wetlands Protection Actor 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 certifiedmail or hand delivery to the appropriate DEP Regional Office (see Appendix 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. wpaform2.doc•Appendix E•rev.2/00 Page 2 of 2 k TOWN OF NORTH ANDOVER VARIANCE, ®f NOR:a r st«ao ,be•y0 �= 6..;f R• a QG ZONING BOARD OF APPEALS .� - - �4SSACHLSE�� NAME: ADDRESS OF APPEAL: llUuTi72a ,.A F t t Procedure & Requirements for an Application for a Variance i Ten (10) copies of the following information must be submitted thirty(30) days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: 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: OBTAIN UST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17,within twenty (20) days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. 3.3..iuia .aG:siu3a3 ..a:e:.ai:ia.,l3aira6II2i.aiii:aa`e]si aa.si: aascaaaia.sf+aa#as.aB:aa.i.iaa:siSGa'a1Sa.Ya4ir3.Ydb saas3ikai.Gsa:aaan3ss.aa.k3aa:.iaaaitaiaiaaacsFa3a..aaaluamf'3z5i IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: l' U� 1,4! al MAC*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: ,vel 41-4 �/ /7,el" XaPC f Q ly al Q Govt /S /f/a//7(/ t dAe �9 1.?fj -5�yod Years Owned Land: 3. Location of Property: a. Street: / ' u/A C l d h t Zoning District b. Assessors: Map number Lot Number: c. Registry of Deeds: Book Number G iG 3 Page Number. 4- ' 4. Zoning Sections under which the petition for the Variance is made. *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied the Builth Commissioner Refe 9 Y PP by n9 l 5. Describe the Variance request �✓CC/C . �0 " f QCK fC !��'I�Lc/ 0�, ! �(/� f�///� f�/7C�/•, *The above description shall be used for the purpose of thd4egal 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.Failure by the applicant to dearly describe the request may result in a decision that does not address the intent of thea applicant. The decision will be limited to the request the applicant and will not t involve req by PP additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage, Parking * Minimum Lot set Back Sq. Ft. Sq`. Ft. Coverage Feet Spaces Front Side Side A Side B Rear B. pro Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals l Y ` 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear t i c. Proposed Lot (S); Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft., Sq. Ft. Coverage Feet Spaces Front SideA Side B Rear im 0110 d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side,B Rear .2 a 61 fil if % /�� oZ j 0 oZU o2(J �U I 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* t *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total e Use of Square feet Floors Sq. feet Building* AL *Reference Uses from the Zoning By-Law.State number of units in building. 6. Petitioner and Landowner signature (s): 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 Clerks 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 by the Zoning Board of this application as incomplete. Signature Type above name (s) hers / 'i �C' ��r �f/f_C/ ��,e PAGE 40F4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a n 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 M One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) 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. Each point,A-F individually, is required Mylar. to be 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. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions In 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 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or 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 projects,such as decks,sheds, and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 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 #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MG LA 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#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, C. Administrative fee of$50.00 per application. II)three(3)or more dwelling units, ►► A Variance once granted by the ZBA will lapse III)2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.4 features, plans must show detailed utilities, soils, and topographic information. / '_``�� a " Zoning Bylaw Review Form Town Of North Andover Building Department 44a �Y 27 Charles St North Andover, MA. 09845 Phone 978-688-9545 Fax 978-688-9542 ....:Street.. � / -... v�/VI�G its , .... _. __.. Map/Lot: / a 6 A plicant: e , Request: /a IxC26-1 /Teq CX Rj- P/ACem etv t- Date: 13 -a q -a o 0 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning -3 Item Nates Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insuf€icient 2 Lot Area Preexisting 2 Frontage'Compiies y c 5 3 Lot Area Complies e S 3 Preexisting frontage 4 Insufficient Informatior4 Insufficient information B Use 5 No access over Frontage 1 Allowed e S G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies y c 5 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies y e-.5 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient 1 Building Coverage 6 1 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies y e-5 D Watershed 3 Coverage Preexisting 1 Not in Watershed ye.S 4 Insufficient Information 2 In Watershed j Sign N 3 Lot prior to 10/24/94 1 Sign not allowed - 4 Zone to be Determined 2 Sign Complies 5 Ins16fficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required t More Parking Required 2 Not in district 'If 5 1 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 P_re-e)dsting Parking Remedy for the above is checked below. Item # Special Permits Plannin Board Item # Variance Site Plan Review Special Permit . 0 — Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board _"pendent 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 Special permit for preexisting nonconforming Watersh0 Snel_-ip!'P-CrrY9it The above review and attached explanation of such is based on the pians 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 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 permit application form and begin the permitting process, - wilding Department Official Signage Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: s d•�;aa s ��_� +- � sp R � <_ 2 Orr 'H, y�s'4 4,. a��.� £Y .� slt i ,+t , .. _ V-4 /c'/A .)C � �lec �5 I ti 1 r [�&C9 // ('+SE V ,J,^// LL // e/ / c7 .S 13 C) 'J &C/C /.S ON Lv C ® ' Aw-�' use `/ rr- malN GldA� a2 JL doa ng 2l�N t N 4,U) S s c-410 N /7 4- 7 h 1 a Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Plan in Historical Commission Other Building Department g Town of North Andover North Andover, MA 01845 Re: Request for Variance; Replacement Deck- 15 Nutmeg Lane To Whom It May Concern: A. The particular use proposed for land or structure: We are requesting a variance on the back set-back dimensional requirement for the purpose of constructing a replacement deck. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally zoning district in which the property is located. We are desirous of building a replacement deck. Our land is long and narrow. The land to the east of our house is for our driveway and garage. The land to the south of our house is abutting our neighbor's driveway and garage. The land to the north of our home is close to 100 feet of wetlands. The land to the west of our house is most suitable for a replacement deck; however it is close to the back-set back requirements. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. The zoning requirements for the town require a 30 foot rear set-back. Building a replacement deck would encroach upon the rear set-back and allow us to have a 20 foot rear set-back instead of the 30 foot set-back required. Our existing deck already encroaches on that setback by�9 feet. We are requesting the town to grant us an additional 3 feet from the rear set-back. Not allowing us to build our replacement deck would reduce the enjoyment of our property. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The west side of the house is relatively hidden from the neighborhood. Our house is separated by a small section of woods on the west of our house, and the deck in that area would have little impact on our neighbor or any other family in our neighborhood. Almost all of the homes in our neighborhood have decks, and our neighbors will find it desirable that our house will be improved to meet the growing neighborhood standards. �E �lLck tui fh d'�C,Qs E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the back set-back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, due to the different back setbacks of our house and the house of our neighbor to the west,the distance between the dwellings is large and fulfills the intent of the back set-back requirement. In addition, the nature of the woods between the houses provides further insulation visual and otherwise which adds to the buffer between the houses. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in the ZBA application. Not applicable 14 ocksz- ex+ST,NG 71 1 Sr�Ps zX fa P/T 5-rZiNCF-R5 (y) WOOD-POLIff"CiZ CO'MPo31'rE DECK/NG W/ ��r X y QALY, 'lx G' T�ErnDS� l3�EN /2!S£2S LAID ?£RVErlolCccVltZ To 5a1STS� LAG SU2EWS Ci SCBE WS EX• CC4�C �+ER - To 3 E 11f�tvDo £Sy OV EA 1/X to P/r J -rYP. DECK RA ID. TU `l1W/ Slt" PsoAl_Ae)A4ic S A�NOVE DEC, SL0RFACF-, 'POST .GASES ON SgwtstE [3A+ c�5TE�2S fa" X48" CONC. PIERS t ii ; F r-Ap RPt%-t $EvEe.ED aorroM NI i ASSI�$^ES + F6L�G Jtn)G. CO/�tC._K f�) R.S SdLc'O Ait(L 5'i10Er� L kT;Y.r n ):5 -aKt? A C-Q. WALL, $HEATut,NG- (5 DE5(C,Al G-OAC) r0>2 7' 1S SP�GtHG is Sc>ps�r, 7YS,- 5 F 3qa T5 � (GO' 'o = 96 , !07 sr- -r9f8L47-,4f-ZV I-OAD Abutter to Abutter( x ) 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 Property: MAP PARCEL Name Address 38 284 David&Michele Pope 15 Nutmeg Lane North Andover,MA 01845 Abutters Properties Map Parcel Name Address 38 22 Steven&Karen Robins 20 Nutmeg Lane North Andover,MA 01845 38 53 Kathleen Reardon 575 Salem Street North Andover,MA 01845 38 59 Michael Carter 595 Salem Street North Andover,MA 01845 38 67 Shirley Jackson 77 Rolling Lane North Andover,MA 01845 38 86 Carol Ryan&Barbara Guernon Tru 575 Salem Street North Andover,MA 01845 38 99 Steven Desandis 598 Salem Street North Andover,MA 01845 38 113 Thomas Blackshaw 59 Bannan Drive North Andover,MA 01845 38 114 Donald Leduc 51 Bannan Drive North Andover,MA 01845 38 277 John Cicon 50 Nutmeg Lane North Andover,MA 01845 38 281 Mark Alpert 10 Periwinkle Way North Andover,MA 01845 38 282 Mary Davidson 40 Nutmeg Lane North Andover,MA 01845 38 283 Steven Seide 30 Nutmeg Lane North Andover,MA 01845 38 285 John Ferguson 33 Nutmeg Lane North Andover,MA 01845 38 286 Thomas Oberdorf 51 Nutmeg Lane North Andover,MA 01845 38 287 Go Ann Cavanuagh 65 Nutmeg Lane North Andover,MA 01845 65 11 Edwin Smith 612 Salem Street North Andover,MA 01845 65 13 Samuel Galvagna 664 Salem Street North Andover,MA 01845 65 44 Vincent Siwicki&Kathleen Foss 634 Salem Street North Andover,MA 01845 65 45 Joseph Monahan 644 Salem Street North Andover,MA 01845 65 46 Christine Lundy 654 Salem Street North Andover,MA 01845 65 50 Robert Brudnick 657 Salem Street North Andover,MA 01845 65 51 Everett Aubry 643 Salem Street North Andover,MA 01845 65 52 Joseph Sarcia 61 Abbott Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the record 7� of the Assessors Office as of r p3 Certified y' Date�a z� a Town of North Andover NORTi Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street 'tl °'►gran•��4°� North Andover,Massachusetts 01845 'sswc►us�� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals �t Notice is hereby given that the Board of Appeals will hold a public hearing at the S�T Center, 120R Main Street,North Andover, MA on Tuesday the 8"'of June, 2004 atP�r to all parties interested in the appeal of Dave& Michele Pope, 15 Nutmeg Lane,No h. '� Andover, requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table _of ' the Zoning Bylaw from a rear setback in order to replace an existing deck. The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA,Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 24 &31, 2004. Legalnotice 2004-012. M38P284. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 1 Town of North Andover °t pOFTH Office of the Zoning Board of Appeals ;? We- Community ` e ti p Community Development and Services Division 27 Charles Street �i7 °+,,.o✓"Vic' North Andover,Massachusetts 01845 Ss�cMuge D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 15 NutmegLane NAME: Dave&Michele Pope HEARING(S): June 8,2004 ADDRESS: 15 Nutmeg Lane PETITION: 2004-012 North Andover,MA 01845 TYPING DATE: June 14,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Dave&Michele Pope, 15 Nutmeg Lane,North Andover,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw from a rear setback in order to replace an existing deck. The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district.The legal notices were published in the Eagle Tribune on May 24&31,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting member was present: Walter F.Soule. Upon a motion by John M.Pallone and 2°a by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 10.8' from the rear setback in order to replace an existing deck with a larger deck per Variance Plot Plan for Proposed(12'x25')Deck,location: #15 Nutmeg Lane(Lot 14),owners:David S.&Michele M.Pope,date:May 10,2004,Peter J.Ogren P.L.S.#33604,Hayes Engineering,Inc.,603 Salem Street;Wakefield,Mass.,and[deck construction plan]Drawn By Tom Lyons[for] Michelle&Dave Pope, 15 Nutmeg Lane,North Andover,MA 01845 on the following condition: 1. The replacement deck stairs shall be placed to the side,so that the structure will not encroach any further into the rear setback than the granted variance relief of 10.8'. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. This change,extension or alteration shall not be substantially more detrimental than the existing deck to the neighborhood. The applicant brought 4 photographs of the existing deck,and views from it to the side and rear setbacks. No abutter wrote or spoke against the petition. Page 1 of 2 .G' -+/meqq. �... Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 y Town of North Andover NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'Ss�c►iusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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, L . Ellen P.McIntyre, hairm 2004-012. M38P284. Page 2 of 2 rm C' a�• ?7 Fj r-' f" Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 (' N.V26'5Tr 21T76 VARIANCE PLOT PLAN FOR ` a a. o, �- PROPOSED (12'x25') DECK 21.3 AAZA4 1JIl / I / cn 2 srW' 21.1DRAW {15 // Taw LOCATION: #15 NUTMEG LANE (LOT 14) 0 v /' AWA N-3 �' OWNERS: DAVID S. & MICHELE M. POPE LOT 14 o o �� /� Q TELEPHONE NO. 1 -(978)-258-4465 5, ± 29,379 S.F. " ..� R--127.08 L_�¢ , D �y-2 .z..� DATE: MAY 10, 2004 p1 l®rD i 41.01 AV73 DRNN _ SCALE: 15'� ',�c EA�11lENT a ZONE' R-3 FF= R=20.00 EL= 177,5± L=37.51 MINIMUM SE784CKS.• 176.88 FRONT = 30' F= SIDE = 20' EL.= 176.5 172.5± REAR = ,3O' MIN. LOT AREA = 25,000 S.F. MIN. FRONTAGE = 125' ELEVATION DETAIL AREA OF EXIST. DECK = 47± S.F. TOWN OF NORTH ANDOVER NOT TO SME AREA OF EXIST. HOUSE = 1,810± S.F. BOARD OF APPEALS I CERTIFY THAT THE STRUCTURE IS LOCUS AREA OF PROP. DECK = 300 S.F. --------------- LOCATED ON THE GROUND AS SHOWN. S EM SMUT TOTAL = 2,110± S.F. --------------- �P`tHOFM.4SS � q� LOT COVERED BY EXIST. HOUSE ------ — �— ti J° AND PROPOSED DECK = 7.1% ---------------- PROFESSIONAL LAND SU OB GREN -- DATE: MAY 10, 200 #x`33604 ------------- 5 WrpppBfRRY LN --------------- --------------- APPLICANT �,sy sl o� —'-------------- DATE PLAN PREPARED BY ^�v�o 5 `0 DATE OF FILING ---------------AI � Rr� HAYES ENGINEERING, INC. � 603 SALEM STREET LOCUS � 4P 0' 20' ,W 80' 120' WAKEFIELD, MASS. MWiII:• 1 '%x800' 1 -(781 )-246-2800