HomeMy WebLinkAboutMiscellaneous - 115 BLUE RIDGE ROAD Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS ,RECEIVED
Mbert P.Manzi 111,.Esq. Ghaamaan i0 W N CL E P K*5 0,F F11 C E
Ellen P.McIntyre, Vice-Cbariman VtORTH
1i ers Esq, (,-/cT� Of q
Richard
J. a : ,•. �., O 2607 AUG 29 PM 3: 15
Joseph D.T.aGrasse � "a - - �
David R.Webster 'A
Assodate,Nfes ivrs * - i W7( t�F
lboinas D.Ippolito * ? « N 0 R
0'
E.
Richard, . 4 €"r U 4 S'�'�".�
M.Va�7lancc�urt 'fs °w+no�'r" �QcJ�r�.�!"I +...
Daniel S.Braese,Esq, SSACHUS�
Any appeal shall be filed within Notice of DeCisieH
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch
40A, §17 Property at: W100 Marblehead Street
NAME: Frank Stewart,115 Blue Ridge Road HEARING(S): April 10,May 9 Jose 12,
August 14,2007
ADDRESS: for premises at: W100 Marblehead PIRI 'ON: 2007407 Variance
Street,
North Andover,MA 01845 TYPING DATE: August 21,2007
The North Andover Board of Appeals lid a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,August 14,2007 at 7:30 PM upon the application
of Frank Stewart, 115 Blue Ridge Road,for premises at: 98-100 Marblehead Street(Map 9,Parcels 25&22),
North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw
for relief of the rear setback in order to construct a threo4amlly unit addition,and for Special Permit from Section
4,Paragraph(s)4.122.14.C,4.122.14.1),and Section 10,Paragraph 10.31 in order to add 3 dwelling units to an
existing 2-family structure and from Section 9,Paragraph 9.2 ofthe 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 East side of Marblehead Street within the R4 zoning district. i,egal notices were sent to all names on the
abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover,on March 26&April 2,2007.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,,Albert P.Manzi,M,Thomas
D.Ippolito,and Daniel S.Braese. The following non-voting member was present: David R Webster.
Upon a motion by Ellen P.McIntyre and 2"d by Daniel S.Braese the Board voted to Withdraw without Prejudice
the 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 3 familyaddition.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.
Braese.
The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R4 yard
setbacks per above site and building plans;therefore,no Variance relief is required.
Andoverg' A
P.Manzi,III,E4,Chairman
Ilea P.McIntyre, Vice Chairman
Joseph D.LaGraSse
Associate Members
Thomas D.Ippolito
Daniel S.Braese,Esq.
Decision 2007-007 Variance.
M9P25&22.
1600 Osgood Street,Building 20 Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
A y
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF"PEAL? i 1)
1Ibert P.Manzi SII,Esq. Gtaairnran
Idler P.McIntyre 1 ace-Cbairman �OItTy g AUGRichard J.Byers,Esq. Clam <3? <1Oe o 4°+ Nip` 2007 G 29 PM 3' 16
Joseph D.LaGrasse
O P
David R.Webster i-
A,fsodale Members +1'H 1 l
Thomas D.Ippolito �"` * t�NOR�1++H t0� 100_ IR
VE
Richard M.Vaillanconxt �i �wwTeo•x" �
Daniel S.Braese,Esq. ��S^CHUS�`�
Any appeal shall be filed within Nom of D ecW
(20)days atter the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch
40A,§17 PrWrty at: 98-100 MmVe bead Street
NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10,May 9,Jaw 12,&
Anged 14,2007
ADDRESS: for premises at: 98-100 Marbiebead PETITION*. 7-007 Sge dd Permit
Street,
North Andover,MA 01845 'TYPING DATE: AMq 21 2007
The North Andover Board of Appeals held a public baring at its regular meeting m the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,August 14,2007 at 7:30 PM upon the application
of Frank Stewart, 115 Blue Ridge Road,for premises at: 98-100 Marblehead Street(Map 9,Parcels 25&22),
North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw
for relief of the rear setback in order to construct a three- unit addition,and for a Special Permit from Section
4,Paragraph(s)4.122.14.C,4.122.14.1),and Section 10,Paragraph 14.31 in order to add 3 dwelling units to an
existing 2-family structure and from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-emoting,
non-conforming structure on a pre-existing,non-conforming lot. Said premise affected is property with frontage on
the East side of Marblehead Street within the R-4 zoning district; Legal notices were sent to all names on the
abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover,on March 26&April 2,2007.
The following voting members were present: Ellen P.NkIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,Thomm
D.Ippolito,and Daniel S.Braese. The following non-voting member was present: David R Webster.
Upon a motion by Joseph D.LaGrasse and 2nd by Daniel S.Braese'the Board voted to GRANT a Special Permit
from Section 4,Paragraph(s)4.122.14.C,4.122.14.1),and Section 10,Paragraph 14.31 in order to acid one dwell*
unit on the third floor of an existing 2-family structure and one dwelling unit in an addition to the existing structure
and from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure
on a pre-existing,non-conforming lot per:
Site: 98-100 Marblehead Street(Map 9,Parcels 25&22),North Andover,MA
10845
Site Plan Title: Plan of Land,located in.North Andover,MA.,at,98-100 Marblehead Street,
prepared for owner and applicant:,Frank Stewart, 115 Blueridge Road,North
Andover,MA.
Date A Revised Dates): March 02,2007,R+ ion date:Juane 26,2007
Registered Professional John.M,Abagis,P.L.S.#35733,John Abagis&Associates,9 Bartlett Street,
Land S or: No.252,Andover,MA
Sheet/Drawing: Job No.5448
Page 1 of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-97M88-9542 Web-www.townofnorthandover.com
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS R,�^ IV ED
Albert P.Manzi III,Esq.Chairman '^ r'r 't,
Esq.Y
Ellen P.McIntyre, Vice-Chairman r►ORTIJ
CE
Richard J.Byers,Es .Clerh o�Kt��o ,e qyo
? s•.+ .., a o
Joseph D.I,aGrasse a 2001 AUG 29 PM 3: 16-
David R.Webster 1- A
Associate Members `rt) 't
n � 3 � t LRS 3
Thomas D.Ippolito '� CP NORM A,i 1 st E_
Richard M.VaiIlancourtMASS " ( ;
Daniel S.Braese,Esq. SgAcHus�
Building Plan Title: 98-100 Marblehead Street,Residential Rawation&Addition,North
Atm,Massachusetts
By: Jeffrey L Cook,Registered Architect#5968,Jeffrey J.Cook Architects,enc.,
4 Jackson Street,P.O.Box 7101,Lowell,MA
Date: 4,2007,rev.:063007
SheeVDrawin : A-0 through A-08
With the following conditions:
1. The owner of 98-100 Martlehead Street shall apply fnr a new Special Permit if the existing and
The proposed structure are extended or reconfigured from the 7 bedrooms in 4 writs as designed and
approved by this Special Permit 2007-007.
2. Adequate,shielded outside lighting shall be provided,as needed,for the parking areas,driveway,
and walks per Building Inspector.
3. Existing evergreen shrubs and trees shall be retained xWor relocated,and additional evergreen
shrubs,or comparable types no less than 4'high and 4'on center,shall be added to screen the
designed parking areas.
4. Trash shall be fenced and seared.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,111,'Phomas D.Ippolito,and Daniel S.
Braese.
The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard
setbacks per above site and building plans;therefore,no Variance relief is required per separate decision,20074W
Variance.
The Board finds that 98-100 Marblehead Street is located in the Reaidential 4 Zoning,District,that the conversion of
the existing two-family dwelling to a three-family structure with attached fourth-filly addition is an allowed use
with this Special Permit,and that there are twofamily,three-family,four-family,and one five-family dwelling
units,as well as single-family dwellings on 98-100 Marblehead Street°s abutter list. The Board finds that 98-100
Marblehead Street is an appropriate location for this use,and this application supports the previsions of Sections
4.122,140,4.122.14.D,& 10.3,and Section 9.2 of the zoning bylaw and that the Boardmay grant this Special
Permit for the third and fourth dwelling units on Map 9,Parcels 25&22. The Board finds that the third and fourth
dwelling units,as developed per above cited plans and conditions,will not adversely affect the neighborhood
because the proposed addition,as designed,will maintain the appearance of the existing two-.family dwelling by
replicating the existing architectural features. The Board finds that there will be no nuisance or serious hazard to
vehicles or pedestrians because the lot will provide 8 off-saw parking spaces and that 98-100 Marblehead Stet
has Town water and sewer,telephone,acid electrical utility connections. The Board finds that this conversion and
extension is in harmony with the general purpose and intent of the North Andover Bylaw and Master Platy,and the
third and fourth dwelling units shall not be substantially more detrimental than the existing two-family dwelling to
the neighborhood.
Page 2 of 3
1600 Osgood Street,Building 20—Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALSE p
Albert P.Manzi 111,Esq.Chairman ?'z,k: .'` �$4,q t " F q
Ellen P.Mcintwe, Tice-Chairman HORry E
q
O t�ao e
Richard J.Byers,Esq.Clerk o,t � 2007 AUG � � �+
Joseph D.LaGrasse e 16
David R.Webster 16`
Associate Membersj
i -
�p
"Phomas D.Ippolito c'n„ .K.„+•� * NORTH Ag,
Richard M.Vaillancourt 'li Ss�r.o q°� »��
Daniel S.Braese,Esq. a4CHU`r
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at Essex County Registry of
Deeds,Northern District at the 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 Inspector of Buildings.
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 anew hearing,.
Noofi Andova Zoning of
P.Manzi,III, ,Chairman
Ellen P.McIntyre,Vice Chairman
Joseph D.LaGrasse
Associate Members
Thomas D.Ippolito
Daniel S.Brae,Esq.
Decision 207.007 Special Permit
M9P25&22.
Page 3 of 3
1600 Osgood Street,Building 20 Suite 2-36,North.Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.coin
310 CMR 10.99
Form 8 .
DEP File No. 242—694_��
(To oe oroviaed by DEP)
Commonwealth Cily?own
North Andover
of Massachusetts Frank & Joanne -Stewart
– — Aconcant
l
Lot 2 Blue Ridge Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
Frc^t North Andover Conservation Commission Issuing Authority
115 Blue Ridge Road
To Frank & Joanne Stewart North Andover, MA 01845
(Name) (Address)
Date of Issuance November 5, 1997
This Certificate is issued for work regulated by an Order of Conditions issued to Joanne & Frank S ewart
6/23/94_ NACC
dated and issued;by the
. It is hereby certified that the work regulated by the above-referenced Oroer of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above-reter-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.
Q It is nereoy certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
werx subject to regulation under the Act may be commenced without filing anew Nonce of intent
anc receiving a new Order of Conditions.
................................. ..... ....
(Leave Soace Blank)
&-1 ,
. _.. .. . ... . . . .
4. Q This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on 8/30/94 (date)
at the Registry of Deeds, North Essex , am
Instrument # 25375
5. Q The following conditions of the Order shall continue: (Set forth any conditions contained In the
Final Order, such as maintenance or monitoring which are to continue for a longer period.)
Issued by North ov Conservation Commission
Signature(s)
_Z/
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 5th day of November . 19 97 , before me
personally appeared Joseph W. Lunch. Jr. , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
Notary Public My commission expires
Detach on dotted line and submit to the
To NACC Issuing Authonry
Please be advised that the Certificate of Compliance for the protect at.
FiieNumoer 242— has been recorded at theRegistry of Deeds, Northern Essex
and ttas oeen noted in the main of utle of the attected orocerty on t 9
it.reccroed ianc.:ae instrument numoer wnic%identities tars transaction is
if registered land. me cocuinent nurrtoer wntcn identities tars trarisacum
BI' s:
310 CMR 10.99 DAvu � %
7(jWN
t� �T:� ;i�aO'��31
Form 5 # tlEP�aa+�o 242-694
_ Jit L
(TutteawoworOEM
• :- Commanweaith Qty.Town North Andover
• '�'`� of MassacnuseitS .aoet�cant Joanne & Frank Stewart
Lot 2 Blue Ridge Road
Orden of Conditions
Massachusetts Wetlands Protection act
C.L. 0. 131, X40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
TO Joanne & Frank Stewart Same
(Name of Applicant) (Name of property owner
101 Marblehead Street
Address North Andover, MA 01845 Address
This Order is issued and delivered as follows:
❑ by hand deiivery to adaiicant or representative/on ,/ (date)
by certified mail. return receipt reautasieo on �+ -4
2 �5" i* (date)
This ora;ect is located at Lot 2 BlueRidge Road
The droaerty is recorded at the Registry of_ Deeds, North Essex
Book 3517 Page 287
Ceriricaie(if registered)
The Notice of intent for this project was filea on April 29, 19.94 (care)
The public nearing was closed on June 1, 1994 (date)
Findings
The NACC has reviewed the above-referenced Notice of
Intent anc cians anc nas nese a Di ofic.neanns on ane=o;s_.. Based on the informaiton avadabte to the
NACC at this time.the NACC has cetermmed that
the area on wnicn the orocosed work is to be cone is sigrtthi am to the following interests in accaroance with
the Presurrotians of Significance set form inane regutaaons for earn Area Subject to Prote=ton Uncer the
Act iC:eck as aooroonatel: Ch.178-5 prevention of erosion and sedimentation
Pubiic water suoaiy M Flood cornroi C3 Land con=ning shellfish
Private water supply G Storm cartage prevention ❑ Fisheries
f i Ground water supply ( Prevention of poiiuuon Protection of wildlife habi=%
• Filing - bmttted h. 17$ Wildlife Stateiiar Recreation
To.al i g Fee Su . -W; -;Q
Citvr?own Share $262.50 (t/4 fee is excess of SZ:-;
Total Refund Due S City/Town Portion 5 State Portion S
(1/2 total) (1/2 total)
#242-694 Lot 2 Blue Ridge Rd. 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this Order.
2 . This Order does not grant any property rights or any
exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes the construction of a single family
home, driveway and the filling of 2500 square feet of wetland for
the driveway.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required):
(a) Notice of Intent filed by Joanne and Frank Stewart.
(b) Plans prepared by Christiansen and Sergi dated 6/1/94.
9. The following wetland resource areas are affected by the
proposed work: buffer zone and bordering vegetated wetland.
These resource areas are significant to the interests of the Act
and Town Bylaw as noted above. These resource areas are also
#242-694 Lot 2 Blue Ridge Rd. 3
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans. Prior
to the issuance of a Certificate of Compliance, the applicant
will submit a plan showing the site's wetland delineation at a
scale identical to the Town wetland map for this location.
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct the driveway and
house will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource
areas beyond those proposed in the Notice of Intent and approved
herein, a twenty-five (25) foot no-disturbance zone and a fifty
(50) foot no-construction zone shall be established from the edge
of the adjacent wetlands. No disturbance of existing grade,
soils or vegetation is permitted in the no-disturbance zone with
the exception of the driveway and replication area as proposed.
(See Appendix 5 of the local Regulations) .
14. The NACC finds the applicant's proposal for 5000 sq. ft. of
wetland replication to be adequate. The Replication areas shall
be constructed prior to other construction activity on site and
this sequence shall be reflected in the construction sequence. _
(see the local Regulations for performance standards for
replacement wetlands)
15. The sewer lines on the site, where they cross wetland
resource areas, shall be tested for water tightness in accordance
with North Andover DPW standards.
PRIOR TO CONSTRUCTION
15. No work shall be undertaken until all administrative appeal
periods from this Order haveelapsedor, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
16. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
#242-694 Lot 2 Blue Ridge Rd 4
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the hand is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall ,be submitted to the .North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work,
17. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-69411.
18. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a-project until written
approval has been granted by the NACC.
19. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this order.
20. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
21. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
#242-694 Lot 2 Blue Ridge Rd. 5
impacts can be monitored.
22 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
shown on the plan and shall be inspected and approved by the NACC
prior to the startofconstruction 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 beimplemented =
at the direction of the NACC.
23 . The applicant shall have on :hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 60 hay bales _
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
24. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $6000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
25. Upon beginning work, the applicant shall submit written
progress reports every 2 months detailing what work has been done
in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction
sequence.
26. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
27. No exposed area shall remain unfinished for more than thirty
30 days, approved b the NACC.
( ) Y unless pP Y
#242.-694 Lot 2 Blue Ridge Rd. 6
28. No regrading in the buffer zone shall have a slope steeper
than 2 : 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
29. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
30. After proper grading, all disturbed areas located within a
resource area which will not remain as wetland areas, shall be
loamed (minimum of 411 of quality loam) , and seeded. This shall
all be done in accordance with SCS guidelines. Alldisturbed
areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restoredto
their original grade, soil profile and vegetative cover. Soil
used for this purpose will either be wetlands topsoil or a
minimum of 4" of quality loam.
31. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
32 . All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site;
33. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
34 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, followingfield inspection, additional
information or resource protection measures.
35. During and after work on this project, there shall beno
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a' spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No
construction vehicles are to be stored within100feet of wetland
resource areas, and no vehicle refueling, equipment lubrication,
or maintenance is to bedonewithin 100 feet of a resource area.
AFTER CONSTRUCTION
36. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
#242-694 Lot 2 Blue Ridge Rd. 7
run with the title of the property. This .condition is issued
under the authority of the Town's Wetland Protection ByLaw.
37. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of� the Town's Wetland Protection ByLaw.
38. Upon completion ofconstructionand grading, all disturbed
areas located outside resource areas 'shall be stabilized`
permanently against erosion. - This shall be done either by
loaming and seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
39. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this order of Conditions and the
approved plans referenced herein (or approved revisions) . A
letter from a qualified wetland scientist certifying compliance
with local/state regulations is also required for the wetland
replication/restoration area. Astamped "As-Built"topographic
plan of all areas within the jurisdiction of the Wetlands
Protection Act and Bylaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
e. Distances from structures to wetlands.
d. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
40. The following special conditions shall survive the issuance
of a Certificate of Compliance for this projects
35. Discharge or spillage of pollutants.
36. Prohibition of storage of fuels underground.
37 . Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By North Andover Conservation Commission
Signnaturels)
This Order must be signe by a majority of the Conservation Commission.
tWXOn this � day of_ _ 19 q
before me
personally appeared , tome known to be the
person described in and wh executed the foregoing instrument and acknowledged that he:she executed
the same as his/her free act and deed.
l' LD-C 2W—kdL216� My CaRpo"iart eylph is Juno 20,1"7
Notary Public My commission expires
The aDoucant,the owner.any person aggrieved by this Order,any owner of land abuttmg the land upon which the oroocseo work is to be
pone.or any ten residents of the city or town,n which such land is located,are nersby notified of the(right to request me Debanment of
�nwronmenial Protection to issue a Superseding Order,providing the reauest is made by certified mail or hand delivery to the Deoanment.
with the appropriate filing tee and Fee Transmittal Form as arovioed in 310 CMR 10.03(7),within ten days from the date of issuance of this
Deiofminanon.A copy of the request snail at the same time be sent by cendiea mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Cotrim.__prior to commencement of work.
To North Andover Conservation Commi GGinn !ssu:ng Autnoruv
Please be advises that the Order of Conottions for the protect at hot 2 Blue Ridge Road
;:,ie Number 242-694 has been recorded at the Reg,sry of Deed.-,. No rh Rccex anc
has been noted,n the cna,n of tine of the affected orooerty in accordance with General Conottion 8 on i 9
If reccrcea tano. the instrument number wntcn identities this tsaasaccon is
If reg,sterea tans. the cccument number whin identifies this transaction is
Sm—nature
5-4A
� ►...�,�, RECEIVED-
JOYCE
ECEIVED
•�o; �? JQTOWN CLERK w
�• """'" :,1►'
NO
RTN ANDOVER
s• tags �,.�
Any appeal shall be filed ,�t' •..•:p r J
J�tHtS� � !!QQ i i
withir. (Z0) dais alter the �''•.... '' MAY IJ 441 9
dare of of chis TOWN OF NORTH ANDOVER
\oc_ce the office M.AgSACHU=S
Of ftE 7C ;7,
.r`...
BOARD OT- APPEALS
NOTICE OF DECISION
Date Mav 19 1995 -
Pettion
Date of Hearing Ma y 16, 1995
Pe____o.: of Frank & Joanne Stewart
P__..._ses af-ec zed Lot 1 Blue Ride Roa
move petit—Lon for a variation frOItt �;
o= section 7, para. 7.2(lA) (1B) of the Zoning Bylaw so astopermit the creation
a pork chop lot with 3 times the lot area with 50 feet of street frontage. The pro-
posed lot lacks .5 acres to have the 3 times required lot area therefore the
applicant is seeking a variance so as to permit relief of 21,780 square feet of lot area
where 251,360 feet is required on the premises located at lot l(formeriy advertised as
lot 2) Blue Ridge Road, District R-1 as shown on Definitive Subdivision Pian "Oak
Ridge Estate" , drawing no:93066004, dated February 8, 1995 as prepared by Christiansei:
& Sergi.
q�� on the above date, the Boarc 0-
vC�eC tC the Variance and hereb"
au�-10 _
ze :-- =icing In=oector to issue a nernit to .
of the above work, t X RX)5 XAAk1RSxxiX
X :'�'
The Board finds that the petitioner 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
Board of Appeals ,
William SullivanGG �� �
Walter Soule
Raymond Vivenzio
John Pallone Scott Karpinski
RECEiYED
JOYCE BRIWSNAW
TOWN CLERK
NORTM ODOYER
MaY 19 I �� PM '95
Frank & Joanne Stewart * Decision
101 Marblehead Street * Petition#026-95
North Andover, MA 01845
The-Board of Appeals held a regular meeting on Tuesday evening, May 16, 1995 upon the
application of Frank& Joanne Stewart requesting a variation under Section 7, Paragraph
7.2 (1 A) (1 B) of the Zoning Bylaw so as to permit the creation of a pork chop lot with 3
times the lot area with 50 feet of street frontage. The proposed lot lacks .5 acres to have
the 3 times required lot area therefore the applicant is seeking a variance so as to permit
relief of 21,780 square feet of lot area where 251,360 feet is required on the premises
located at lot 1, Blue Ridge Road, Zoning District R-1 as shown on Definitive Subdivision
Plan "Oak Ridge Estates", drawing no: 93066004, dated February 8, 1995 as prepared by
Christiansen & Sergi. The following members were present and voting: Walter Soule,
William Sullivan, John Pallone, Raymond Vivenzio and Scott Karpinski.
The hearing was advertised in the Eagle Tribune on 4.24& 5.1, 1995 and all abutters were
notified by regular mail.
Upon a motion by Raymond Vivenzio and seconded by John Pallone, the Board voted
unanimously to Grant the Variance allowing relief of 21,780 square feet of lot area.
The Board finds that the petitioner 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.
B and of ppeals,
u' ivan
Walter Soule
Dated May 19, 1995. Raymond Vivenzio
John Pallone Scott Karpinski
.'° VW
RECEIVED
JOYCE BRADS11AW
TON CLERK
moftni AbOVER
MAY I'9 144 I'M 15
Frank& Joanne Stewart * Decision
101 Marblehead Street * Petition#026-95
North Andover, MA 01845
The Board of Appeals held a regular meeting on Tuesday evening, May 16, 1995 upon the
application of Frank& Joanne Stewart requesting a variation under Section 7, Paragraph
7.2 (1 A) (1 B) of the Zoning Bylaw so as to permit the creation of a pork chop lot with 3
times the lot area with 50 feet of street frontage. The proposed lot lacks .5 acres to have
the 3 times required lot area therefore the applicant is seeking a variance so as to permit
relief of 21,780 square feet of lot area where 251,360 feet is required on the premises
located at lot 1, Blue Ridge Road, Zoning District R-1 as shown on Definitive Subdivision
Plan"Oak Ridge Estates", drawing no: 93066004, dated February 8, 1995 as prepared by
Christiansen& Sergi. The following members were present and voting: Walter Soule,
William Sullivan, John Pallone,Raymond Vivenzio and Scott Karpinski.
The hearing was advertised in the Eagle Tribune on 4.24&5.1, 1995 and all abutters were
notified by regular mail.
Upon a motion by Raymond Vivenzio and seconded by John Pallone, the Board voted
unanimously to Grant the Variance allowing relief of 21,780 square feet of lot area.
The Board finds that the petitioner 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.
Board of Appeals,
William Sullivan
Walter Soule
Dated May 19, 1995. Raymond Vivenzio
John Pallone Scott Karpinski
c� �• 'W. REGE VU)
JOYCE
w
TOWN CLERK
•�: X1855
iaas ,�:, NORTH ANDOVER
'
Any appeal shall be filed s.,,,, �
within (20) days after the �►, +cnu��, MAY 19 1 44 PY
date of filing of this TOWN OF NORTH ANDOVER
Notice in the of-fice
MASSACHUSETTS
of the :'Own cleriri.
BOARD Of APPEALS
NOTICE OF DECISION
Date May 19 1995
Petition No. 026-95
Date of HearingMay 16, 1995
Petition of Frank & Joanne Stewart
Premises affected Lot 1 , Blue Ridge Road -
Referring to the above petition for a variation from the requirements
Of Section 7, para. 7.2(lA) (1B) of the Zoning Bylaw so as to permit the creation
a pork chop lot with 3 times the lot area with 50 feet of street frontage. The pro-
posed lot lacks .5 acres to have the 3 times required lot area therefore the
applicant is seeking a variance so as to permit relief of 21,780 square feet of lot area
where 251,360 feet is required on the premises located at lot l(formerly advertised as
lot 2) Blue Ridge Road, District R-1 as shown on Definitive Subdivision Plan "Oak
Ridge Estate" , drawing no:93066004, dated February 8, 1995 as prepared by Christiansen
& Sergi.
After a public hearing given on the above date, the Board of Appeals
voted to GRANT - the Varianceand hereby
authorize the Building Inspector to issue a permit to:
for the construction of the above work, . xxx�xk �x
xRkkxtx�R:R1Akx
The Board finds that the petitioner 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
Board of Appeals,
William Sullivan
Walter Soule
Raymond Vivenzio
John Pallone Scott Karpinski
P'JO
YCE
Tow
t; Baas ,
NORTH AN
Any appeal shall be filed �•... ...
within (20) days after the "*;�wY;.�•'' DECAN
�� W
date of filing of this 17
Notice in the Office Tom OF NORTH ANDOVER
of the Town Clerk. MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date December 22, 1994
053-94
Petition No.. . OctbVii '11;' '1'954
Date of Hearing.November 8, 1994
Decemnlier*13',' *f934
Petition of . . . .Frank .aud. Joanne.Stewart . . . . . . . . . . . . . . . . . . . . . . . . . . .. .
Premises affected . Lots . 1. and .2 .Blue. Ridge.Road . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of 1W.Section.2.. . . . .
Paragraph 7.2.1b and 7.4.1 and Table 2
so as to permit relief of 25. .feet from frontage_on. two. .lots, at, Lots, 1;and :2. . . . . . .
Blue Ridge Road.. . . . . . . .. . . .
After a public hearing given on the above date, the Board of Appeals voted to - -DENY. . the
Variance �l�i7fi[ kI�EB $Eza
p-e-jf&tc*h because the two; .(2.). lots. do .not. have .frontage :on.a. public.way... . . . . . . . . .
Signed
it �J. si�iii�an'�,_
hairman
Raymond Vivenzio, Clerk
Robert Ford
Scott Kar inski
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
JOYGE E A0S'HAW
OF.NO oTM 9 N f Fly ANDD` l
° A C C 17 `Sq
�9SSAc►+uSEs�y
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Frank and Joanne Stewart * DECISION
101 Marblehead Road * Petition #053-94
North Andover, MA 01845 * Lots I and 2 Blue Ridge Road
The Board of Appeals held a regular meeting on Tuesday evening,
October 11, 1994, November 8, 1994 and December 13 , 1994 upon the
application of Frank and Joanne Stewart requesting a VARIANCE
from the requirements of Section 7, Paragraph 7.2.1.b and 7.4.1
and Table 2 so as to permit relief of 25 feet from frontage on
two lots. The following members were present and voting: Mr.
Sullivan, Mr. Vivenzio, Mr. Ford and Mr. Karpinski. Mr. Soule
abstained. The hearing was advertised in the North Andover
Citizen on September 21 and 28 1994 and all abutters were
notified by regular mail.
Upon a motion by Mr. Sullivan and seconded by Mr. Pallone the
Board voted unanimoulsy to DENY the request because the two (2)
lots do not have frontage on a public way. Premises affected: Lots
1 and 2 Blue Ridge Road.
Dated this 22nd day of December, 1994.
BOARD OF APPEALS
William J. Sullivan, Chairman v
I
I