HomeMy WebLinkAboutMiscellaneous - 115 DALE STREET t HORTF� �
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JOYCE BRA'US AW
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TOWN CLERK
NORTH ANDOVER
9
SS�CNUse !k 2 T 10 A;
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any appeal shall be filed
within(20)days after the
daft of fillM of this notice
in the office of the Town Clerk. NOTICE OF DECISION
PROPERTY: Lot 16 #115 Dale St.
NAME:Leonard Saltzman DATE: 7/16/98
ADDRESS: P.O. Box 4114 PETITION; 014-98,
Andover, MA 01810 HEARING: 5Z19/98, 6/9/98, 7 14 98
The Board of Appeals hell a regular meeting on Tuesday evening,July 14, 19N upon the application of
Leonard Saltzman,P.O. Box 4114,Andover,MA 0181,0,for pr ay boated as Lot 16,#115 Dale St.,
requesting a Variance from the requirements of Section 4,paragraph 4.136 of the Watershed-Proton
District, (iv) in the R-1 Zones District,for relief of a 25°smock to construct a sn*family Fane on a
non-conforming lot.
The following members were present:William J.Sullivan,Walter F.Soule,Ellen Mcln#yre, George
Earley.
The hearing was advertised in the Lawrence Tribune on 4)28=&5/5ft,and all abutters were notified
by regular mail.
Upon a motion made by George Eadey,and seconded by Walter F.Soule,the Board of Appeal
unanimously voted to DEisflf the request for a Variance because the proposed constr xtion is totally
within the non-disturbance zolne,of the Watershed Protection District. Voting in favor:W41am J.
Sullivan, Walter F. Soule,George Earley, Epen McIntyre voted in opposition of the denial.
The petitioner has satisfied the provision of Section 10,paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Note: The granting o'er Variance andkw Spec as reqtwsmd by tires appocarit does not
necessarily ensure the granting of a Building permit as ffw app ant must aNde by aro sppi
local,state and federal and buUftg cordes arca!regulations, prior to obis issuarice of a bubding
permit as requested by the BulifftV comfnission,
BOARD OF APPEALS-
William
PPEALSWilliam J.Si strvan,Chanarin 0"Ili
Zoning Board of Appeals
decoct/11
310 CMR 10.99
Form 2 f
OEP File Na.
(To be provided by DEP)
-- ,�
Commonwealth C;ryiTown North Andover
of Massachusetts Apolscant Leonard Saltzman
DaieRevuersFiled 2/26/98
Lot 16 next to 115 bale St
POSITIVE Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To Leonard Saltzman Same
(Name of person making request) (Name of property owner)
PO Box 4114
Address Andover, MA 01810 - Address
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
El by certified mail,return receipt requested on 3/19/98 (date)
Pursuant to the authority of G.L c. 131 §40, the North Andover Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
Next to 115 Dale Street
Location: Street Address
Lot Number: Lot 16
1" The area described below, which includes all/part of the area described in your request, is an
Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or
altering of that area requires the filing of a Notice of Intent.
Entitled "Plan of Land" prepared by Scott L. Giles dated 12/16/97 .
wetland flags Al through A6 ONLY.
2- 1 7 The work described below, which includes alllpart of the work described in your reauest, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There-
fore. said work requires the filing of a Notice of Intent.
Effective 11110/89
2-1
3. ^ The work described below, which includes all:part of the work described in your request, is within
the Buffer Zone as defined in the regulations. and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent
Determination is negative:
This De
1. p The area described in your request is not an Area Subject to Protection Under the Act.
2. p The work described in your 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 your 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
fifing of a Notice of Intent.
4. ❑ The area described in your request is Subject to Protection Under the Act, but 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'
Issued by / ORTH ANDOVER Conservation Commission
Signature(s)
f
/ r
This Determination must be signed by a majority of the Conservation Commission.
On this 18th day of March 1 998 , before me
personally appeared Joseph W. Lynch, 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 hisiher tree act and Ideed.
December 11, 2003
Notary Public My corrimissidn'expires
This Determination does not relieve the aoohcant from comotyrng with all other accitcacte feceral.state or local statutes.ordinances.
by-laws or regulations.Tris Determination snail be vatic for three years form the date of issuance
The applicant,the owner.any person aggrieved by this Determination.any owner of land abuntna the lana upon wntch the proposed work
is to be cone,or any ten residents of the city or town in which such land is located.are hereby notified of their runt to reouest the Deoartment
of Environmental Protection to issue a Supersedtno Determination of Apollcaoibty,providing the request is made ov cenrtied mad or hand
delivery to the Department.with the appropriate tiling fee and Fee Transminal Form as provroed in 310 C?,AR 10.03(71 within ten days from
the Cate of issuance of this Determination.A copy of the request snail at the same time be Gent by Certified mad or nano Cauvery to the
Conservation Commission and the applicant.
2.2A