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HomeMy WebLinkAboutMiscellaneous - 120 DUNCAN DRIVE r + NORTH 4. q a 1T�ao 16 ti en° x �9SSACHUS CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY (BYLAW ONLY) SPECIAL CONDITIONS 120 Duncan Drive,North Andover At the August 26, 2009 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the construction of ail aboveground pool (diameter 21') with cartridge type filter system within the Buffer Zone to an Isolated Vegetated Wetland JW-local filing only).All construction is located outside of the 25-foot No-Disturb Zone and 50-foot No-Build Zone. The closest point of construction is approximately 50-feet from the delineated edge of isolated vegetatedwetland. Applicant: Robert&Lisa Webster. 120 Duncan Drive,. North Andover, MA 01845 Record Documents: Request for Determination of Applicability Prepared by: Robert&Lisa Webster Dated: August 13, 2009 Site plan entitled,"As in Ground Plan 9-27-83"with hand drawn Sketch of pool and IVW flags Prepared by: Robert&Lisa Webster Received:Aug 25,2009 During Construction 4- The work authorized hereunder shall be completed within one year from the date of this order. ❖ Erosion control measures are not required at this time. Should measures be required by the NACC, they shall be installed within 48 hours of the Commission's request. ❖ All stockpiled brush shall be removed from the buffer zone(see attached photos). ❖ It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Determination are complied with.A-copy of this Determination shall be provided to the site contractor. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://v mw.townofnorthandover.com/Pages/NAndoverMA_Conservation/index ':• The pool filter shall be cartridge type,as proposed,with no back wash allowed. •3 Excess material and construction debris shall be properly disposed of off site and all stockpile areas shall be located 25-feet from the delineated wetland. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion. Disturbed areas should be seeded with an appropriate seed mix or otherwise stabilized by plantings or pervious landscape material (mulch, crushed stone,etc). •:' Once the site is adequately stabilized, the Conservation Department shall be contacted to conduct a final site inspection: 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoveri4LA, Conservation/index • 'w a `°-..� • " R or x v „ - 141 ,.�Ae� Y IS 41 -471V Volk' t. w> �b. 9w,�.P �a� ta; :-._. • 4a � :Kin r r y x b aqF 4 a� a� Massachusetts Department of Environmental Protection 64L 6LA� 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 only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Robert& Lisa Webster return key. Name Name 120 Duncan Driver Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code Cityrrown State Zip Code raarn 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: As In Ground Plan 9/27/83 Title Date Title Date Title Date 2. Date Request Filed: 8/26/09 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): Installation of an above ground pool within the Buffer Zone to an Isolated Vegetated Wetland, Project Location: 120 Duncan Drive North Andover Street Address City/Town Map 104E Parcel 177 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131,,§40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination _ Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD)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 foraslong 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 Acta Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described;on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5 ILIMassachusetts 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 avid 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 Actor 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 i n the regulations, but q 9 , will not alter an Area subject to protection under the Act.Therefore, said work does not require the filing of Notice of Intent, subject to the following conditions(if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including 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•Determination of Applicability•rev.10/6/04 Page 3 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 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(see http://www.mass.aov/dep/about/region.findvour.htm)and the property owner(if different from the applicant). Signa res: Date wpaform2.doc-Determination of Applicability•rev.10/6/04 Page 4 of 5 LIMassachusetts Department of Environmental Pri ;"ction Bureau of Resource Protection -Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is .located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see http://www.mass aov/dep/about/region findyour htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being -- appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•Determination of Applicability•rev.10/6104 Page 5 of 5 . S Massachusetts Department of Environmental-Protection Bureau of Resource Protection Wetlands Request for Departmental Action Fee Transmittal Form_ Massachusetts Wetlands Protection Act M.G.L. c. 131, '§40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location rerun Mailing Address City/Town State Zip Code 2. `Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability,(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): - ❑ Superseding Order of Conditions($100 for individual single family homes with associated i structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.16/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the.objections to the _. Determination or Order which is being appealed.To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see hftp://www.mass.gov/deD/about/reaion/findyour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she isnot the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016/04 page 2 of 2 Town of North Andover .NORTH o s,,, ,, ti Office of the Planning Department 0 `�`� `-'°�`� Community Development ment and Services Division �. 27 Charles Street '�'$,;„; North Andover, Massachusetts 01845 �s$"`"�5�t Planning Director: ht!p://www.townofnorthandover.com P (978)688-9535 J. Justin Woods jwoods@townofnorthandover.com F (978) 688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED Barbagallo Trust-Lot 13C Duncan Drive Special Permit Approval-Access other than over the legal frontage The public hearing on the above referenced application was closed by the forth Andover Planning Board on February 4,2003.Present were Planning Board Chair John Simons,Vice Chair Alberto Angles,Clerk Richard Nardella,Members Felipe Schwarz and George White,Associate Member James Phinney,Planning Director J. Justin Woods,and Planning Assistant Debbie Wilson. Joe Barbagallo and John Morin,PE,appeared on behalf of the petitioner. Nardella made,and White seconded,a motion to grant Special Permit Approval to allow access to Lot 13C over the adjacent lot 13B,under the requirements of Section 7.2.2&10.3 of the North Andover Zoning Bylaw. This Special Permit was,requested by the by Ann T.Barbagallo,Trustee,120 DuncanDrive, North Andover,MA 01845. The original application,excluding revised documentation,as cited herein,was filed with the Planning Board on December 2,2002 with subsequent submittals on file. The applicant submitted a complete application,which was noticed and reviewed in accordance with 7.2.2& 10.3 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the-motion by a,vote of 5 in favor to 0 against. A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5)of the Town of North Andover Zoning Bylaw. Accordingly,the Applications for the Site Plan Special Permit is approved with conditions. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Rrpectfully Submitted: Z, J. Woods,Planning Director for North Andover Planning Board: Voted: John Simons,Chairman Y-N-Abst-N/A 4. Alberto Angles,Vice Chairman Y-N-Abse N/A U-i Richard Nardella,Clerk Y-N-Abst-N/A George White Y-N-Abst-N/A ,. Felipe Schwarz Y-ISI-Abse N/A James Phinney,Associate Member Y-N-Abst-N/A B(MRI)OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Access other than over the legal frontage Special Permit Approval Lot 13C Duncan Drive February 21,2003 Page 2 of 3 Appendix A The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 7.2.2 & 10.3: FINDINGS OF FACT: 1. Access other than legal frontage to these lots is appropriate as the location is appropriate for shared access;the entrance/egress will not affect the neighborhood,and will not create a hazard to vehicles or pedestrians. The site has been designed so as to utilize the existing paved driveway on Lot 13B, which will then be extended to gain access to Lot 13C. 2. Special environmental conditions exist, such as wetlands, across the frontage of Lot 13C such that access across the street frontage would require wetland filling that would be otherwise detrimental to the environment. 3. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. ! Upon reaching the above findings,the Planning Board approves this Special Permit with the following Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans and decisions: a) Plans titled: Site Development Plan Lot 13C Duncan Drive Prepared by: Thomas E.Neve Associates,Inc. Scale: 1"=20' Plan Date: 10/10/01 Revised 1117/01 b) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. 2. Prior to any site disturbance: a) All appropriate erosion control devices must be in place and reviewed by the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. c) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. d) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas,telephone, cable,and electric utilities shall be installed as specified by the respective utility companies. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 . A Access other than over the legal frontage Special Permit Approval Lot 13C Duncan Drive February 21, 2003 Page 3 of 3 5. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 8. This permit 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. cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File Inc?.ARD OF APPI I.S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover NORTH , Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Planning Director: http://www.townofnorthandover.com P (978) 688-9535 J. Justin Woods lwoods@townofnorthandover.com F (978) 688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Lot 13B and 13C Duncan Drive Special Permit Approval-Common Driveway The public hearing on the above referenced application was closed by the North Andover Planning Board on February 4,2003.Present were Planning Board Chair John Simons,Vice Chair Alberto Angles;Clerk Richard Nardella,Members Felipe Schwarz and George White,Associate Member James Phinney,Planning Director J. Justin Woods,and Planning Assistant Debbie Wilson. Joe Barbagallo and John Morin,PE,appeared on behalf of the petitioner. Nardella made,and White seconded,a motion to grant Special Permit Approval to allow for the construction of a common driveway for Lots 13B and 13C,Duncan Drive,under the requirements of Section 2.31.0& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by the by Ann T.Barbagallo,Trustee, 120 Duncan Drive,North Andover,MA 01845. The original application, excluding revised documentation,as cited herein,was filed with the Planning Board,on December 2,2002 with subsequent submittals on file. The applicant submitted a complete application,which was noticed and reviewed in accordance with 7.2.2& 10.3 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5)of the Town of North Andover Zoning Bylaw. Accordingly, the Applications for the Site Plan Special Permit is approved with conditions. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Respectfully Submitted: y �------- 00 J Woods,Planning Director c North Andover Planning Board: Voted: _ John Simons,Chairman Y-N-Abst-N/A e�y Alberto Angles,Vice Chairman Y-N-Abst-N/A -= Richard Nardella,Clerk Y-N-Abst-NIA - George White Y-N-Abst-N/A �.� Felipe Schwarz Y-N-Abst-N/A James Phinney,Associate Member Y-N-Ahst-N/A B().M OF APPF e\i,S 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lots 13B and 13C Duncan Drive Special Permit Approval Common Driveway February 21,2003 Page 2 of 3 Appendix A The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 2.30.1 and 10.3: Finding of Fact: 1. The application adheres to the bylaw restriction that no more than two(2)lots be serviced by each common drive. 2. The design and location will not adversely affect the neighborhood,particularly since the common driveway will be accessed via the existing paved driveway on Lot 13B. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit application before us. 5. Adequate standards have been placed on the design which will meet public health and safety concerns. 6. The specific location of the common driveway is appropriate due to the presence of wetlands between the street frontage and the building portion of the lot(s). 7. A construction phasing plan and emergency response plan are required. Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a) Plans titled:Site Development Plan Lot 13C Duncan Drive Prepared For: Barbagallo Children Realty Trust Prepared by: Thomas E.Neve Associates,Inc. Scale: 1"=20' Plan Date: 10/10/01 Revised 11/7/01 b) Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board. 2. Prior to any site disturbance: a) The location of the driveway must be marked in the field and reviewed by the Town Planner. b) All erosion control devices must be in place as shown on the plan. c) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. d) Tree clearing must be kept to a minimum. The area to be cleared must be marked in the field and reviewed by the Town Planner. e) A performance guarantee of five thousand($5,000)in the form of a check made out to the Town of North Andover must be in place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submittal. f) A construction phasing plan and emergency response plan are must be provided to the Town Planner. g) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner to review. When the Town Planner deems the easement adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 6889540 PLANNING 688-9535 Lots 13B and 1.3C Duncan Drive Special Permit Approval Common Driveway February 21, 2003 Page 3 of 3 3. Prior to the issuance of a building permit for Lot 13C,This site shall have received all necessary permits and approvals from the North Andover Board of Health,Conservation Commission and the Department of Public Works.Prior to Certificate of Occupancy issuance: a) The Applicant shall place a stone bollard at the entry to the common drive off of Duncan Drive. This stone bollard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows:8"x 8"x 72". The stone shall have 48'exposed and 24'buried,and all numbering on the stone shall be 4"in height. This condition is placed upon the applicant,with his consent,for purposes of public safety. b) The Applicant shall place 2 additional stone bollards,one on the east side of the existing driveway,at the point of entry of the existing driveway off the portion that will be common, containing the address numbering of Lot 13B,and one on the west side of the existing driveway,at the point of entry of the propsed driveway off the portion that will be common, containing the address numbering of Lot 13C. The and numbering of these bollards on shall be consistent with the specifications in Condition 5(a). This condition is placed upon the applicant,with his consent,for purposes of public safety. C) The proposed dwelling on Lot 13C shall have a residential fire sprinkler system installed and inspected,as required by the North Andover Fire Department. 4. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas,telephone,cable,and electric utilities shall be installed as specified by the respective utility companies. 6. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8. The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 9. This permit 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. cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File B0ARD OI;APPEM,S 6Rf 3541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover pQRTp (dE Zl4D v �Q #fife of the Zoning Board of Appeals 6hi#t kUnity Development and Services Division *?°w jr 27 Charles Street �t °►wnD` �� orth Andover,Massachusetts 01845 Acrws� Tele D.Rdbeh Micet a Telephone(978 )688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Lot 13C Duncan Drive NAME: Ann T.Barbagailo HEARING(S): October 8,2002 ADDRESS:Lots 13B&13C Duncan Drive PETITION: 2002-024 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,October 8,2002 at 7:30 PM upon the application of Ann T.Barbagallo,120 Duncan Drive North Andover,for premises at Lots 13B & 13C Duncan Drive requesting a dimensional Variance from Section 7,Paragraphs 7.1 (Lot Area),7.1.1 (Contiguous Buildable Area),7.1.2(Lot Width),&7.2(Frontage)and Table 2 to allow a single family dwelling, within the R-1 zoning district. The following members were present: Walter F.Soule,John M.Pallone,Scott A.Karpinski,George M.Earley,and Joseph D.LaGrasse. Upon a motion by Joseph D.LaGrasse and 2"d by John M.Pallone,the Board voted to GRANT the petition for dimensional Variance for Lot 13B from Table 2 and Section 7,,Paragraph 7.1(required Lot Area =2 acres— 1.33 acres)relief of.67 acre,Paragraph 7.1.1,(required CBA=75%-50%)relief of 25%,Paragraph 7.1.2(required Lot Width'= 100'—50')relief of 50',Paragraph 7.2(required Street Frontage= 175'— 150')relief of 25'and;for Lot 13C from Table 2 and Section 7,Paragraph 7.1 (required Lot Area=2 acres— 1.77 acres)relief of.23.acres, Paragraph 7.1.1 (required CBA=75%-50%)relief of 25%,Paragraph 7.1.2(required Lot Width= 100'—45') relief of 55',Paragraph 7.2(required Street Frontage= 175'— 150')relief of 25',as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J.Neve,P.L.S., Thomas E.Neve Associates,447 Old Boston Road,Topsfield,Massachusetts 01983,dated April 10,2002. Voting in favor: John M.Pallone,Scott A.Karpinski,George M.Earley,and Joseph D.LaGrasse. Voting against: Walter F. Soule. 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. 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, ti Walter F.Soule,Acting Chairman Decision 2002-024 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North AndoverNOR*M Of,Jul 1°14O Office of the Planning Department Community Development and Services Division 27 Charles Street Arm North � North Andover,Massachusetts 01845 'Ss c►+us�� Telephone(978)688-9535 Fax(978)688-9542 N C=D O = CD CD--i^� O C:)n. h CD TO: Town of North Andover � =r-z�-9 c Planning Department -� { o 27 Charles Street w M North Andover, MA 01845 _ ZE Phone: (978) 688-9535 Fax: (978) 688-9542 Please be advised that I wish to withdraw my application for access other than and common driveway special permit from the Planning Board for property located at: STREET: Lot 13C Duncan Drive TOWN: North Andover NAME OF PETITIONER: Barbagallo Children Realty Trust Ann&Joseph Barbagallo, Trustees SIGNED: Petitio er or petitio s representative �t C PLANNING BOARD: <" (Planning Board or Planning Board Agent) By my above signature I hereby agree to the following: 1. That the vote is vrili =without prejudice. 2. That future submittals will require a new application. 3. That any new application will require a complete filing with applicable fees under the current regulations. BO,-IRD OF:1I'F'3;_�I,S 6S8-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 THO NEVE ASS INN October 10, 2001 Planning Board 27 Charles Street North Andover, MA 01845 Re: Lot 13C Duncan Drive Dear Board Members: Please find attached a special permit application for the above-referenced property. We are requesting a special permit to allow a common driveway in order to gain access to the buildable area on Lot 13C, and to allow access to Lot 13C across the frontage of Lot 13B via an existing paved driveway. This application is proposed in order to minimize wetland filings that would be required if Lot 13C was to access across its own frontage. By examining the plan you will note that the existing paved driveway for Lot 13B exists partially on Lot 13C and the appropriate easements will be prepared. The driveway for Lot 13B has been in existence for approximately 18 years and has sufficient sight distance which will result in no adverse impacts to vehicle or pedestrian traffic. The current driveway blends in with the existing neighborhood thus complying with the general purpose and intent of the By-law. ` Please schedule us for your next available regularly scheduled meeting. We look forward to meeting with you to discuss this project. If you should have any questions please do not hesitate to contact me. Sincerely, THOMAS E. NEVE ASSOCIATES,INC. John M. Morin, PE Executive Vice President JMM/kmm Attachment 2074napb.doc • ENGINEERS LAND SURVEYORS LAND USE PLANNERS 447 Old Boston Road U.S. Route#1 Topsfield, MA 01983 (978)887-8586 FAX(978)887-3480 RECEIVED Town of North Andover Planning Board TOWN CLER Application for Special Permit NORTH ANDO R Please type or print clearty. ZUUI g Barba alio Children Realty Trust T 12 p 1: 08 Ann & J os�e h Barba allo Trustees 1. Petitioner: A n p g Petitioner's Address: 120 Duncan Drive North Andover, MA 01845 Telephone number. (9 7 8) 686-4222 2. Owners of the Land: Same as above Address: 18 Number of years of ownership: 3. Year lot was created: 1983 (see Form A plan attached) 4. Description of Proposed Project: Proposal is to construct a sing 1 e- family dwelling on otDuncan Drive . Access to the building site on Lot 13C will be along the existing driveway tor Lot 13B thus requiringSpecial Permits for a common driveway and to allow access to Lot 13C along the frontage for Lot 13B. 5. Description of Premises: Lot 13C Duncan Drive (see Form A plan attached) 6. Address of Property Bein Affected Lot 13C 'Duncan Drive Zoning District: R1 �R2 when previously approve Assessors: Map: 104B Lot# 172 Registry of Deeds: Book#: 4 6 2 0 Page#: 21 5 7. Existing Lot: Lot Area(Sq.Ft) 7 7 150 s f BuildingHeight Street Frontage: 15 0 s f Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverages 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) same Building Height Street Frontage: same Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw): {Z o n e R 1) Lot Area(Sq.Ft) 8 7 , 12 0 s f Building Height 3 5 f e e t Street Frontage: 175 feet " Side Setbacks: 30 feet 30 feet 30 feet Front Setback: Rearsetback. n a Lot Coverage-_ n a Floor Arca Ratio: 10. Existing Building(if applicable): Ground Floor(Sq.Ft.) n a #of Floors: Total Sq.Ft. Height: Use: Type of Consttuction 11. Proposed Building: n/a Ground Floor(Sq.Ft.) #of Floors: Total Hei Use .Ft. Type of Construction 12. Has there been a porevious application for a Special Permit from the Planning Board on these py ? n If so,when and for what type of construction? 13. Section of 2 .7o�tn & Byla72 . 1 that Special Permit Is Being Requested 14. Petitioner and Landowner signature(s): Every application.for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: Jos e p h B a r b a g a 110 on behalf ot Barbagallo Children Realty Trust 15. Please list title of plans and documents you will be attaching to this application. 1 . Site Development Plan (dated October 10, 2001) _ Designed for Barbagallo Children Realty Trust Lot 13C Duncan Drive ,' North Andover by Thomas E. Neve Associates, Inc. 2 . Plan of Land in North Andover , MA (dated June 13 , 1983) prepared for Barco Corp by Thomas E. Neve Assoc . Inc . 3 . Quitclaim Deed -(dated October 8 , 1996) Recorded in Book 4620, Page 215 Oct . 2 2001— 2:48PM No 21864 P. 1 QUITCLAIM DEED Bk 4624 PG 21%) lNOW ALL MEM By TBESE pRSSBNTS, that I Ann T. Darbegal- lo, Trustee of the Barbagallo PamLly Realty Trust u/d/t troves ber 5, 1991, of 120 Duncan Drive, Horth Andover, Essex County, Massachusetts for considerationpaid id sad in full consideration of less than ONE HUNDRED (5100.00} DOLLARS 1 grants to Ann T. Sarbagallo, Trustee of the Barbagallo Chil- dren Realty Trust u/d/t October H, 1996 of 120 Duncan Drive, North Andover, Eaeex County, Massachusetts with QUITCLAIM COVENANTS 0029'%Fv 12: A certain parcel of land situated in North Andover, Essex County,. -Massachusetts, and being shown as Lot 13C on a plan of land entitled "Plan of land prepared for Barco Corporation N located in North Andover, Massachusetts, Scale 1" + 60', datedGD August 12, 1981-revised -August 18, 1981, Frank C. reliaas and associates, Inc., Engineers and Architects, said plan being recorded with the EWorwaWAStzy ot-Deeds as Plan #872.1. For a more particular and substantial description of Lot 13C, see plan referred to. Being part of the sane premises conveyed to me by deed record- ed Essex North Registry of Deeds Hook 3347, Page 197. I certify that I am the sole Trustee of the Sarbagallo Family Realty Trust u/d/t November 5, 1991 and that said Trust has not been altered, amended or revoked and that under the terms of said Trust, I an duly authorized to make this conveyance. This conveyance is made subject to all encumbrances and liens of record insofar as the same may now be in force and applics- bla including mortgages and current seal estate taxes. UTED as a sealed instrument th'O F dav of October, 1996_ tnsaa Aa rag o, us ee earbagal o Pamily Realty Trust STATE OF NEW HAMPSHIRE ROCKINGHAM, SS October r 1996 ersonally appeared Ann T. Sarbagallo, Trustee of the Barbs- Ballo Family Realty T a ho aekn x'Lodged the foregoing uitclaim Deed to be he f a a n oad, before me. chael Gorham JustjWIS ice ,enwsr9rE Yt eee�..6pa tPu"q� I' ncwva.WiEsraMuww,,•r•�•'�r-eafo�c�w.w�Mrswa.,�e�.wr.�Eern.ssew-«sus. CULN 1' AgUTTERS LIST4.lOBNO. � E �T6/v RECORDED BY E THOMAS E. NEVE ASSOCIATESs INC. PAGE ;£a DEED =PLA =K� PLAT LATCONMAENTS NAI4 OiF ABUTTER( OWNER ) ADDRE88 AM / OR MAt.M AbMSS BOOK/PAS UrbgG/Atla �hi�dren ,Ksi /fid Dun�� -, D✓�v� y6. 7 t�t-,� T.�uid A a//0 7- h�h D✓2 r-OJ y� Owe,e4 p, 1-0wr, &C A/,14 r o v e✓- IO y eD L jb �orc��rcQ Sf• �b2q °D�6 Io y b 56 SL4 SCi n •� bti I-�C 6c.-, fir.�� / 03se 109� �, I—1 Nry o4e�h� �, ash J D 1�unc'�tr,�•iv�2: 1�6o a.5 1©L1 lb - .1--�--' we CIS-, p / D �gkt n � o � /hctry� lS y�N.,cc,r, �Ir�v� )6�0 / \py g6 \ Z-of dd �u 1'Gih /1/• r D✓p/ D/9/5 1�n,,;el C • �,�Z,,-,c(��' 13 � ,Duh�a�,Jif;�� ��� °ate Icy� - 1`�5 _RL4qhs ti!i¢ vii LYS ys h-li �4l � of 1$r0 .gof/GL J. Vl'Iurcr' L /o/ �,�hc�h h� v 1 6 o f terry Ov ified 9 (� Boa of Assess �NoAndover _A B U T E R $ LAS T CULNU RECOR B .JOB NO. ��?4 DATE PAS THOMAS E. NEVE ASSOCIATES, MIC. . NAME OF ABUTTER( OWNER ) ADDRESS AND / OR DEED ASSESSOR'S PLAT COMMENTS MALNQ AbDRESS 900K/PAQE PLAT/BLOCK/LOT L�� �lik►+ I-I �e Ei►�in! � ej I�unc'u� � 've '© �$ S�il�vcc�-, IV A-Flo✓�r o�B��S � � 6 1 PG�� � • �� �ah� /Yt • rll, ��rc'a�-. �r,iree,, l� f�� �O y � �. � 1 6 b - e y3o -� L �- 9� ai 10 . 190 y Iqg Wia�-die �a� � .6-73 10'A �.- 0 9b Los/-- ,, 0,"z/42 R•j'e�ti k/�-- nr i y� l lrtY/os s 54o, K":. /o lv?yo 2-v4 39 a� 4 1 Cwtifi d by_ O/ oar f eeS�oArn, X ay uu upw4oU (❑ paPriloul umloog Allinoog �l�{tik�1'l.����IJS�{lXI�.'�I{p;�ip';rk'}-+�'`_���Y{{r1I.�t1'tlIlt7�lLvx^I t�tj1 O0r t jr�r12S,t-+�`t�,A�2'm,,`�t{s�i�fi��r�.('i�111`}�3J���".�i1i1�i�i`t,9x�tf{'�I I�'��`�{��"Itt k+�'E'l b1,,V�1�r��ig'rf�'+`k-);..t;��L,x3 7��l+`�j I�r�4�yf�rIk,�iI dT','l'fli{���'IiE.i,+r�t'"a"i�+tt�t��tt�:'�j�" a t�i 1 � � � a ��Uix`N..I �,�1"tiQXsl�rI�„K�iIpp•t�-($����l�}st�u(��Y1�ira li jlC1�tia�p6rll',r,tt��,x�H,{1�I�1,�'��1#'tturFt a�t1tt�4.!r���,xFr„t{�"��!�ty-��sj•+�w:�� it 0��0}t �{+taj1�t TlkIy+t�1r ,l l,� It t E lie 11 �, 01111—OW tr IT xl 01rk 1 A ti ru 10 -Tit r1,45 W �l' Er 4ti licr Pit it� rn l' .1 " OLn Il U1.arT'7 i Ln p _ Y ��'�k''rY.i�rr!�x"igr}��j:a�9 rl�'i1 i{[1it+�{l{rN,•iii�I,r;��twi�i'"�!rt ix�•`''.,l+'I i' O''t;iI .41 .48 ¢II f'I +� �.f',• I •1�7.41i4 • Ul.. t.41 rm si'lnpillatit�' O Z tt O 4-4 Z0 � j,IT 1 SII n �! t 96-ot"L om Town of North Andover 4¢�0 oTh Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director -�-- 27 Charles Streetce+us � D. Robert Nicetta P � )978 North Andover,Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax(978)688-9542 0 _.m July 24, 2002 - GrgCD7 "0 <.=^ ' O This notice is to let all interested parties of the petition of- Ann fAnn T. Barbagallo #2002-024 Variance For premises at: Lots 13B & 13C Duncan Drive. That the North Andover Zoning Board of Appeals met in a special session on July 17, 2002 to reconsider the vote of the July 9, 2002 meeting. The Board voted to reconsider and continue the afore-mentioned petition at their August 13, 2002 meeting. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 il Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands Ll� WPA Form 5 - Order of Conditions 242-1109 Provided by DEP 'T Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions VS-2-L4To: Applicant: Property Owner(if different from applicant): Barbagallo Children Realty Trust/Ann&Joseph Barbagallo Jr., Trustees Name Name 120 Duncan Dr. Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Lot 13 C Duncan Dr. North Andover Street Address City/Town 1048 172 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 4620 215 County Book Page Certificate(if registered land) 3. Dates: 10/12/01 11/28/01 12/12/01 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Site Development Plan/Barbagallo Children Realty Trust 10/10/01, Rev Title 11/7/01 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: John M. Morin P.E. Name 6. Total Fee: Wpaform5.doc•rev.12/11/01 Page 1 of 7 Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1109 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP $250.00 + $180.00 Bylaw fee=$430.00 Total (from Appendix B:Wetland Fee Transmittal Form) B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/11/01 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1109 '`119 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1109 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform&doc•rev.12/11/01 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1109 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform5.doc•rev.12/11/01 Page 4 of 7 L77 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1109 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached Conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation ommission. The Order must be mailed by certified mail (return receipt requested)or hand delivered I applicant. A copy also must be mailed or hand delivered at the same timea appropriate Depart t of Env onmental Protection Regional Office (see Appendix A)an a owner(if different from ppli ant). Signatures: IA On Of / V Day Month and ear before me personally appeared Scott Masse 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. ,• / NU�e DANE P�3 ACEE 1c Notary Public My ComlamFjlls?;c �y9�sachusetts My Commission t_:xpires This Order is issued to the applicant as follows: Febn ,t nr) ❑ by hand delivery on by.QedWed'mail, return receip uested, on Wpaform5.doc•rev.12/11/01 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands L11 WPA Form 5 - Order of Conditions 242-1109 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc-rev.12/11/01 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1109 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/11/01 Page 7 of 7 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 A. Request Information Important: art n or , 1. Person making When filling p Y 9 re quest(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) ,e Project Location Mailing Address raam Cityrrown 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 wpaform5.doc•Appendix E•rev.12/11/01 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 Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall of 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. wpaform5.doc•Appendix E•rev.12111/01 Page 2 of 2 DEP FILE#242 - 1109 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 B Law and g By Law 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 below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the GENERAL CONDITIONS 18. 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. 19. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. 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 thirty days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). 23. The NACC reserves he ht esery t right to amend this Order of Conditions after a legally g g Y advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 1 NACC 12/12/01 DEP FILE#242 - 1109 24. Where the Department of Environmental Protection (DEP) 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. 25. 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. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. C { 26. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. a 27. The proposed work includes: Construction of a portion of a dwelling, driveway, utilities, retaining walls and foundation drain within the 100-foot Buffer Zone of Bordering Vegetated Wetlands. The utilities will be installed within the 25-foot No-Disturbance Zone and a portion of the driveway will be constructed in the 50-foot No-Build Zone. F 28. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: Barbagallo Children Realty Trust c%Ann&Joseph Barbagallo Jr. Trustees 120 Duncan Drive,N.Andover,MA 01845 Applicant's Representative: Thomas E.Neve Associates,Inc j 447 Boston Street Topsfield,MA 01983 Record Plans: Orig. 10-10-01,Revised 11-7-01 Signed and Stamped by: John M.Morin,P.E. The following correspondence shall be incorporated and part of the record file DEP#242-1109: From: John M.Morin,Thomas E.Neve Associates,Inc. Dated: 11-8-01 To: NACC Re: Revised plans showing retaining wall within buffer zone and additional fee submittal. 29. The following wetland resource areas are affected by the proposed work: Buffer Zone, 25' No-Disturbance Zone and 50' No-Build Zone of a Bordering Vegetated { Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to 2 NACC 12/12/01 DEP FILE #242 - 1109 overcome the presumption of significance of these resource areas to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a 25-foot No-Disturbance Zone and a 50-foot No-Build Zone shall be established from the edge of the } adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance Zone, with the exception of the proposed work on the record plan dated 11-7-01. 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these' Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 3 Nacc 12/12/01 DEP FILE#242 - 1109 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal 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 land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of 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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. 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"DEP File Number 242-1109". 39. 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. 40. It is the responsibility of the applicant, owner, and/or successor(s)to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. g p g 42. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a 4 NACC 12/12/01 DEP FILE#242 - 1109 Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of double staked hay bales backed with trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will i be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48.hours of the Commissions request. 9 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty (20) extra 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. 45. A check payable to the Town of North Andover shall be provided in the amount of $3,000 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 through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or s parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project,provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary 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. 46. The applicant shall designate a professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24- hour period, including weekends. This person shall be given the authority to stop 5 NACC 12/12/01 DEP FILE#242 - 1109 construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and beliefs based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity; and/or other water quality impacts: 47. Prior to construction,the applicant shall permanently mark the edge of the wetland along the driveway between wetland flags 101-110, and the edge of the 25-foot No-Disturbance Zone between wetland flags 111-120, with signs or markers spaced evenly every 40 feet incorporating the following text: "Town of North Andover Protected Wetland". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers area subject to review and approval by the NACC. The applicant shall instruct all j agents to explain these markers to buyers/lessees/ landscapers and all persons taking over the property from the applicant. 48. The applicant shall stake out the foundation corners prior to construction for projects including, but not limited to, single family homes, additions, decks, pools, etc. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete, 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, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. 6 NACC 12/12/01 DEP FILE#242 - 1109 Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided as notice of the pre- construction meeting(e.g. 72 hours). 1 DURING CONSTRUCTION } i 51. Upon beginning work, the applicant shall submit written progress reports every week (see condition #46) 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. 52. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 53. 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 on any of the foregoing. 54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. i 55. No re-grading 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. 56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 58. 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 S means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 7 NACC 12/12/01 DEP FILE#242 - 1109 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. During and after work on this project, there shall be no 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 within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication,or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 61. 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 run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 62. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 63. Upon completion of construction and 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. 64. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A—"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. j h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on 8 NACC 12/12/01 DEP FILE#242 - 1109 the plan(s) and documents referenced above, and as conditioned by the Commission. � i. An As-Built Plan prepared and signed and stamped by a Registered Professional Civil Engineer of the Commonwealth, for the public record. This plan will include: ➢ "As-Built"post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls,pools,retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work"includes aI disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. , The following special conditions shall survive the issuance of a Certificate of Compliance(COC) for this project: ➢ The 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1109. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw(condition#31). ➢ Discharge or spillage of pollutants(Condition# 58); ➢ Prohibition of underground fuels(Condition#59); ➢ Limitations on the use of fertilizers,herbicides and pesticides (Cond. 60). i 3 i 9 NACC 12112/01 DEP FILE#242 - 1109 APPENDIX A -AFFIDAVIT I' on oath do hereby depose and state: au ( thorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2• I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury� this day of 29 s (Signature-authorized agent of applicant or owner g Pp ) 10 NACC 12/12/01 Apr-08-02 13:09 P_02 TOWN OF NORTH ANDOVER VARIAWC; ZONING BOARD OF APPEALS1A, 061-4 . . ........ Procedure & Requirements For an Application for a Variance Ten (1 D)copies of the following information must STEP S:SCHEDULING F HEARING AND be submitted thirty (30J days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The OBice of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters)and for publication in the newspaper. The petitioner is incom late. notified that"legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7-DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPERJPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL., of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner, STEP S: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP Z: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise rived. stop 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited In Item 10 page 4 of this form. sent to all parties In Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of heeds, Lawrence STEP 3: LIST OF PARTIES IN INTEaf ST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward It to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office, Office a certified list of Parties in Interest(abutters). CD CD--+--< �a coca 73 M Fri IMPORTANT PHONE NUMBERS: r' >c tri 1� CD CD M 978-688-9541 Zoning Board of Appeals Officeper, 978-688-9501 Town Clerk's Office 2002 ZE D 978-688-9545 Building Department APR 1 1 N Cr BOARD OF APPEALS Apr-08-02 13: 10 P.03 Page 2 of 4 Application for a VARIANCE ,__,,..-_..•y_ r •�. .•.-y;1.:: _._.,F:fr:r;'-n:;fM'<rarwY.t• '�' �.: r 4.t,,r_'i= r ,y"�. �:T ms`s,.A'VF..".?a!:4 �r 7' -r•m-f• ,�;•a•.: ..... •� ::':: V---��'�i'�.� ":.,<:' T::1;f .e•,;;1_� :•`i.:::' %;�,a...: =•n".�-.; _ a,;. ,'�•'.�la -Vic_' .:`q:•S!2� ',.. r i_ ._-'f �..�... .,� .;;.....r,�.t t ,.:r�ur.•'.�i.`:3 b`:-.�:���- .. A:`:I'•�'^: �y'�.. `;' ��' 7�•,�.+. i ;'..;_;._r,,...r-''., ._r.-•.e._,...; Ir .-.'.'•.: Y'' ' _ " ' .'t?:.� _ ��9{F*_.j._� ?Y =_'�'.../ tet.�,;.r ' .... i.•1.':•.wt_.`_�F�.7�...a:.•».,.aa,.;..t;x .y�!..rui.. '+ :r_l.y�,.:c�1.•;-:.S�. 'K •=�� •,7;Y>�;!w:-'ti'i�� ;•'s re - '" �► .!"'� _ ._:.. i —...lc.... - al"'.�:a• tic-.— `v:,,t:*%' .rn.-�'�: r...ti -.r;�M'L3r�SS:4- "3"..`.-'�=51•kr•. � Zoning Hoard of Appeals 1. Petitioner: Name, address and telephone number. Ann T. Barbagallo 978-686-4222 120 Duncan Drive North Andover, MA 'The petitioner shall be entered on Mie kgal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Ann T. Barbagallo, Trustee 120 Duncan Drive, North Andover, MA Years Owned Land: 19 3. Location of:Property: a• Street:" 190 ntrnran DXjye._ Zoning District Rl b, Assessors: Map number Lot Number:__ 13B,13C c. Registry of Deeds: Book Number 3347 Page Number. 197 4620 215 4. Zoning Sections under which the petition for the Varlance is made. 7.1 (lot area) ; 7 .1.2 (lot width) ; 7.2 (frontage)c 7, bu.�-U46 C( cup *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Bulling C4mr*wioner 5. Describe the Variance request Frontage, lot width and lot area variances for lots 13B and 13C, 120 Duncan Drive, to enable construction of second dwelling on formerly subdivided property. See attached memorandum. 'The above description"I be used for the purpose of the legal notice and decision. A non datalled descfiptkm is required pursuard to the Zoning Board Rules and Regulations as cited an page 4 of this applkation.Failuire by the applicant to chwty describe the request may result in s decision that does not address the rota of the applicant. The decision will be limited to the request by the applicant and will not kmhv addttkmal name rwt 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 rase 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 A Side S Rear Width 13B Q 58,117 N/A N/A 25,� +1-516 N/A N/A N/A N/A N/A 50 _U l)b 13C B 77 ,150 N/A N/A s ice$ N/A N/A N/A N/A N/A 45 st, J� Apr-OS-02 13: 10 P.04 Paged 3 of 4 Application for a VARIANCE Q..... wiF. Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. FL Sq. Ft. Coverage Feet Spaces Front Side A `Side B Rear Width 13B and4 l 4 -3 I/ , 33' 150" 15'513C 135;267 N/A ©A� % 300 A N/A N/A N/A N/A 95 c. Proposed Lot(8): Lot Area Open Space Percent Lot Frontage Parking Wnimurn Lot set Back' �,Sgq.�Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 13 Q 6 �l�Ov Q, 46 1. � -�. If 13C 7-7/ -W-W o< % 160' 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 Spas Front+ Side A Side Q Rear f Width 87,120 N/A N/A % 175 N/A �� A �/A N/A. 100 75�a 7, a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq,feet Building` 1 ,280 (approx.) 1?0a Single family dwelling "Reference Uvea from the Zoning By-Law.State number ul units in balding. b. Proposed Buildings: Ground Floor Number of Tout Use of Square feet Floors Sq.feet Building" 2,060 (approx.) ,2 q6 Single family dwelling `Reference Uw from the Zoning By-Lew.State ruriber of units in bwMing, 8. Petitioner and Landowner signature s Every application for a Variance shaft be"ode on this form which is the official form of the Zoning Board of Appeals. Every applicatlon shat!be filed wdh the Town Cieries Ofnce. it shall be ttte l of the petitioner to fumish all documentation with this application. The dated copy of this re6ponsibi kY supporting ppMca application received by the Town Clerk or the Zoning Board of Appeals Was not absolve the appkwit from this responsibility. The petitioner stroll be responsible for all o"naea for filing Arid kgel notilkadon. Failure to eortg*with application requirenwnt .as cited herein and In the Zoning Board Rules and Regutatlona may result in a disvn seal by the Zoning Board of this application as iricwTlete. Type above name (s) here Ann T Barb agallo. Apr-08-02 13: 10 P.05 r , PAGE 4 OF d - VARIAN C E T DOCUMENTATION 9. WRITTEN DOCUME N Application for a variance must be supported by a legibiy written or typed memorandum setting forth in detail all facts railed upon. When requesting a variance from the requirements of MGLA ch.40A.Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the Nath Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually suppmrted and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3, names of streets 4. wetlands to be shown on pian(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or a. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions,easements which do not affect generally the zoning district in B" Legend&Graphic Aids: which the property is located. 1. Proposed features in solid fines S outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. S. Namesladdresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. 10 D. FURTHER REQUIREMENTS: E. Facts relied upon to support a finding that relief sought Major Projects shalt require that in addition to the above may be given without nullifying or substantially derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application, a proposed change in use. Elevation pians for minor projects including decks,sheds.&garages shall be 10. Pian of Land included with a side view depicted on to plot plan, Each application to the Zoning Board of Appeals shall be which Includes a ground level elevation. accompanied by the following described plan. Plans must 11.APPLICATION FiLiNG FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. . Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals, cerdfied_mail all legal notices to all abutterrs,and then supply proof of mailing to the ZBA secretary. 10 A.Major Projects Applicant is to supply stamps(appropriaae Major projects are those which involve one of the following current postage)for trailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified In MGt.A ch.40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building are& vAN compule number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks{*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1'=40'. r A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five(5) ZBA be submitted. signatures and date indicated on mylar. C • l APPLICATION OF ANN T. BARBAGALLO, TRUSTEE OF THE BARBAGALLO FAMILY REALTY TRUST AND THE BARBAGALLO CHILDREN REALTY TRUST LOTS 13B AND 13C, DUNCAN DRIVE Ann T. Barbagallo, as Trustee of the Barbagallo Family Realty Trust, is the owner of Lot 13B, also known as 120 Duncan Drive in North Andover. Ann T. Barbagallo, as Trustee of the Barbagallo Children Realty Trust, is also the owner of Lot 13C, also known as 0 Duncan Drive. The two lots were created by the endorsement of a Form A (Approval Under the Subdivision Control Law) Plan in 1983. (the "Form A Plan") The Form A Plan was endorsed by the Planning Board and was recorded as Plan#9198 at the Essex North District Registry of Deeds. As created by the Form A Plan, Lot 13B had 58,117 square feet of area and 150 feet of frontage. Lot 13C was created with 77,150 square feet of area and 150 feet of frontage. Both lots complied with the lot area and frontage requirements for the R2 zoning district in which the two lots were then located. A house was built on Lot 13B, but no house was built on Lot 13C before the zoning district was changed to Rl in 1987. The change to an Rl zoning district increased the frontage requirement from 150 feet to 175 feet and the lot area requirement from 1 acre to 2 acres. Since the lots were held in single ownership at the time of the zoning change, the lots were rendered noncompliant with the new zoning, despite the fact that there is ample area and frontage for a house on each of the lots and the fact that other lots on the street also do not meet the 175 foot, 2 acre new zoning. Joseph and Ann Barbagallo have owned Lots 13B and 13C since they were created by Form A approval by the Planning Board in 1983. They built their house on Lot 13B (120 Duncan Drive) and have lived there ever since. In 1991 and 1996, they deeded the two lots into two separate family trusts for estate planning purposes. The Barbagallos always intended to keep the two lots separate, and to eventually build a house on the second lot for their family. The Barbagallos understood that the two lots remained viable as two separate building lots. Evidently the town understood the two lots to be viable as two separate lots as well. Lots 13B and 13C have been taxed as separate parcels by the town. (See attached tax bills.) The unintended result of keeping the two lots in single ownership at the time of the zoning change from R2 to R1 in 1987 was to call into question the continued legality of the two lots as separate building lots. The two lots remain physically viable as separate building lots, each with 150 feet of frontage on Duncan Drive, and each with ample area for a single family dwelling. The Barbagallos seek variances from the provisions of Section 7.1 of the North Andover Zoning Bylaw with respect to lot area; Section 7.1.2 with respect to lot width, as each lot is less than the required 100 feet wide at all points between the street frontage and the house constructed or to be constructed; and Section 7.2, with respect to street frontage, since each lot has 150 feet of frontage, in compliance with the requirements for the R2 district, but less than the 175 feet required for the R1 district. APPEAL Lots 13B and 13C,Duncan Drive Page 2 The proposed variances meet all of the conditions for the granting of variances. A. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general. In particular, there is a house already on one of the lots, limiting the flexibility in planning for a second house. The shape of the lots is unique in that the two lots together are narrow in the middle, like an hourglass, making the development of the lots difficult because of the need to access the back of the property, where the houses must be located, from the front of the property where they access Duncan Drive. The requested variances are necessary to make use of the two lots given their unusual shape. B. Owing to the circumstances described above especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the applicant. The applicants have always counted on the second of their two building lots as a home to keep within their family. They have treated the property as two separate lots and the town has taxed them as two separate lots. The inability to build on the second lot, as they have always expected, and as the town has apparently expected, as evidenced by the separate tax bills for the two lots, would work a significant hardship on the Barbagallos, who cannot provide a second building lot for their family any other way. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. Building a single family dwelling will be consistent with other development on Duncan Drive. The size of each of Lots 13B and 13C and their frontage is consistent with the other development in the neighborhood, most of which occurred under the prior zoning. Allowing the construction of a house on Lot 13C by granting of the requested variances would not derogate from the intent or purpose of the Bylaw because it would allow development that is consistent with and in keeping with the development of the other properties on Duncan Drive. For the reasons stated above, and others that will be presented at the hearing, the applicant respectfully requests that the Board grant the requested variances to allow for Lots 13B and 13C to remain as separate buildable lots. Ann T. Barbagallo, Trustee, By her attorney, zz==Z,g�� Howard P. Spei er DAVIS, MALM &D'AGOSTINE,P.C. One Boston Place Boston, MA 02108 (617) 367-2500 J:\SPEICHER\Barbagallo\BOAApphcation.DOC HERE- - - - - DETACH HERE - - - - - DETACH HERE - - - - - DETACH HERE- - - - - DETACH HERE - - - DETACH HERE- SEE REVERSE SIDE FOR IMPORTANT INFORMATION Interest at the rate of 14% per annum will __ 484 RE accrue on overdue payments from the due EIBCAL Y 202 ESTATE s made. t until payment i date P Ymen 18 ' 8 »:::AKIN:;:;1::::��kQ�::; 'If�►tEE':<: <<.<><<»< >::::::.;::.::.;:;;:.:<.;::;;. Pl2 R (WKN E a 892::29 WWNT:0-VE 0 BARBAGALLO, JOSEPH J, JR Loc: 120 DUNCAN DRIVE Parcel Id: 104.B 0177 0000.0 This form approved by the Commissioner of Revenue 2002 QUARTERLY REAL ESTATE BILL NUMBER THE COMMONWEALTH OF MASSACHUSETTS 484 RE TOWN OF NORTH ANDOVER NORTH ANDOVER Loc: 120 DUNCAN DRIVE P. 0. BOX 124 OFFICE OF THE COLLECTOR OF TAXES Id: 104.B 0177 0000.0 NO. ANDOVER, MA 01845 Your Preliminary Tax for the Fiscal Year 2002 Deed/Legal : 1760 25 M-F-8:30-4:30, '11/1 TO 7:30 PM beginning July 01 2001 and ending June 30 2002 Land Area: 1.22 (ac) 6 0 nt he property ert described is as follows: - 6 y 8 95 R 8 P 68 -955 0/AS S 6 P TAX 8 First Amount Interest Second Amount Interest 1-TAX 892.29 0.00 2-TAX 892.29 0 T&A"00001. TAIf �,78� 58< A�1G 3 i X001 i��iQUNT $92 �9< N0V 3 MT.lin l n NT 892::23: BARBAGALLO, JOSEPH J, JR ANN BARBAGALLO � 120 DUNCAN DRIVE zTRESTQ' NORTH ANDOVER MA 01845 Q-E z razr oa s z ; 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 HERE- - - - - DETACH HERE - - - - - DETACH HERE - - - - - DETACH HERE - - - - - DETACH HERE - - - - - DETACH HERE- SEE REVERSE SIDE FOR IMPORTANT INFORMATION Interest at the rate of 14% per annum will 482 RE accrue on overdue payments from the due FI�aGAL Y Aft 2002 REAL ES3ATE date until payment is made. TIITAL :PRELIMINAR TAX 820 4b AUG i 2001AMOUNT 4x0.23 rlOV 1 ::2001 RibUNT 41D,23 P�2IOR AMOUNT:BIL1.E0 4�U 23 ; MX&S'PALD1 23 lu BARBAGALLO CHILDREN REALTY TRUST Loc: 0 DUNCAN DRIVE Parcel Id: 104.8 0172 0000.0 This form approved by the Commissioner of Revenue 2002 QUARTERLY REAL ESTATE MAKE PAYMENTS�' THE COMMONWEALTH OF MASSACHUSETTS ��` �- NUMBER 482 RE TOWN OF NORTH ANDOVER NORTH ANDOVER Loc: 0 DUNCAN DRIVE P. '0. BOX 124 OFFICE OF THE COLLECTOR OF TAXES Id: 104.B 0172 0000.0 NO ANDOVER, 'MA 01845 Your Preliminary Tax for the Fiscal Year 2002 Deed/Legal : 4620 215 M-F 8:30-4:30, 11/1 TO 7:30 PM beginning July 01 2001 and ending June 30 2002 Land Area: 1.83 (ac) TAX 688-9550/ASSR 688-9566 on the property described is as follows First Amount Interest Second Amount Interest . IEIPT OU.H8R 1-TAX 410.23 0.00 2-TAX 410.23 0DTA PFII?+ tl .' A7i $ #}.4f 23 :. BARBAGALLO C TRUST CHILDREN REALTY >> � QAI� >«« <`< ' < ANNE T BARBAGALLO, TRrim : :.;;:.;;;:.;:;.>.;;;;:.;:.;:.;:.;:.;:.;<,;:.;:.;:.;:.;:.:.;:.>:.;:.:;.;:.;:;:.;;>:.;; 120 DUNCAN DRIVE NORTH ANDOVER MA 01845 :::;>:<;............::::::>:.;:... Arwrcr :: .;o ,:aQ .:::..<., i liliil 11111111111111111111111 IN 111 IN 111111111111111111[fill 110111111111111ll 1111 N 90A 197 / ss ; $� ,ss � 25 194 y° toff 193 0$ Z N'Cl ` S \ 198 ♦ ! °°` SCALE • 1 - 4CO } x 182 F. Al S• 9 203 ��'s \\s 183 a59 84 r 9 9SSF 17 204 4k., 213 / / h; y 810 211 v s=.=.£ 187 y^h pt / 212 .VAC.; m Sp x Q T9 t. `' m^ 14 W 0 >r 9* � A ' �_ 174 r `Q1.53 AC. 219 � �( X 218 17 215 // 19 21s . acres 1.0 AC. ,y �a 71 3a ° N w h% 43.560 S.F.`43.560 S.F. .n )ace' w Area 1 3�7SF 139 47 AC. 135 136 37 134 1 1 Lo CL 490 050 S.F. U LL O i+t 4 o 43.945 S.F.43.995 S.F.43. S. e- sF h� 133 ° 7 26 e Z 522 F 28 140 141 142 143 1144 F `$A J 132 '129 25 ly 3.r ass ur i Isr � a i.s 53,578 S.F. 45�25� w� i isa u7 u U 130 24 123 131 �` $g s pia 122 121 120 119 43 560 S.F_ 43%4$F U 146 1. 28- 145 43 220 AC. 30 _ 7.5 AC_ _ POWER LI R.O.W. b 31 13 15 \ L 3.28 AC �gf 21 46 64 20RQ 5Z 940 S.F _ \ 49 F. 11 104B ` !�3 ggBSSEE PLAT NQ.104 D "c .n 7TT sp. T ABU T E R S L I S T CLILN 1' r �% RECORDED BY THOMAS E. NEVE ASSOCIATES IVC. JOB NO. -� �---- E PACE tQL NAME OF ABUTTER( OWNER ) ADDRESS AND / OR DEED ASSESSOR'S PLAT COMMENTS HALM ADDRESS BOOK/PAGE PLAT/BLOCK/LOT �JCnr�='Gt��1lt) 1'1�ilciJ'rr, kPc�l� /�G b.-rnc'c,�., .�✓�v� 107 7-1 l�L�v- e l .J7C,�/LjCi�c //� � �✓'. ,7 YiGt�V 2✓ CJ/ � �� /y •� vy-,r�, 3 �C Win 0� /1�.A r ClQ✓P r'-- `� /�-�-L�-' C�Gi�'�f"S ���Pe�"' �°Z'�� Q��7� �o t"1 �-- Q,3 '. .�1�'� '�l h �✓ G/�. COhIPPi/Ct�',IJv7 �0cz �• � /��—,�Ov��' . N ����v9i �Gtr,� 13 , �.- �,�.,�scr> �'�• bc.,r>c<<.-, .Dr.�%e �.�/ 0-�.�D `CO`-{� -- 1-1�} L\ Lc>--r 3 3 ���✓�- ,�. �' ��yi�. �/ l3a- D�����, D� , L� �15�3 aay5 I©�1� � t"1� �G� �� � ci l/itrG o L\ e, — —19 �odde, �c0 -a9 . lG�►, ply �• I y 3 hk-;Y Licy a/off loy g _ ��} bat,;eJ3 / buhrc�, ��;v y 0a� toll l` S /1/ �� 0/ Dftu c l,�e / -7.^ l' /�hr / .� fir,i �b3 ` (� r� go r of sse r N Andove 7/ 1 ( ✓ r �7 l 4 h C Gt L1 I3 ovo �1/All b -w- v ` � L� ti mar, l G� 1) hClts-� �i i v� 1- . S ifled 6 U / Boao of Asse3s Nor Andover A B U T T E R S 1 S T CULN I* .��. Q 0 RECORDED- BY EC� D BY JOB NO. DATE THOMAS E. NEVE ASSOCIATES, NC. NAME OF ABUTTER( OWNER ) ADDRESS AND / OR DEED ASSESSOR'S PLAT COMMENTS MALMO AbMSS BOOK/PAGE PLAT/BLOCK/LOT n/ �IA ('14,# 'Ve S6;z3 aJyy fa� _ 1$$ 6 ��,r<i�,�i,�� y3,�G D �/ �0 L1 g �90 �o� pry/ee-1eet/ %sf L,'736-rz�t6 W5 < p� e G) ll/. r'�i U/-j— L")o%s, ,.j �3 o S f' .mac/ c� % <j �"��1� L_c 7� q t c 'f' h Andoler Ca'tifi d by �sesso 0/ oar f ; ovv Nb HT1{ Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978`=688-9545 Fax 9f8-69'8-9542 Street �D­yyA.,) CAA- .,._.D. Ma /Lot: 104 B / 1 r) a . Applicant: J-c5 e. Ab a a Reques� t�. . - _.. st: . _._._.. _..w.._ .,. ._ ._� ... .. .. ._ �• ��r,11. ��ic9�zrvcr� Date: +4—q - Please be advised that after review of your Application and Plans that your Application is DENIED for the followinwZoning Bylaw--reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient Ll e S 1 Frontage Insufficient `1 e S 2 Lot Area Preexisting 2 Frontage Complies 3 1 Lot Area Complies 3 1 Preexisting frontage 4 insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed `'i G Contiguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information e 's C Setback H Building Height 1 All setbacks comply ffvaffA Me s 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information e 5 5 Rear Insufficient ( Building Coverage ) A 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed Lie s 4 Insufficient Information 2 In Watershed j Sign 4 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review r uired 1 More Parking Required 2 Not in district y e,5 2 Parking Complies 3 Insufficient Information 3 1 Insufficient information 4 1 Pre-existin Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Fronts e S ecial Permit Parking Variance Frontage Exception Lot Special Permit -1 Lot Area Variance + Fro n.,+a e. Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit -Special Permits Zoning Board Independent Elderly Housing.Special,Permit S ecial 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 preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document title!"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. , /7 Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further expla66e:reasons for denial for the application` permit for the property indicated on the reverse side: UAlwavice is -4 S7'� ` 11o4a � IN �ncJ�r '7�0 Crvbnuc� 17 -4 7-�6I� a ,a Referred To: Fire Huth -. Police JKZ-otfing Board Conservation De . rtment of Public Works Planning Historical Commission Other BUILDING DEPT Plan Of L and /17 North Andover, Mass. Prepared FarNova Kevr 04a .Barbag�allo Children Nf� 3 Joy Realt ?'rust. Isolated Wetland y Showing Non—Jurisdictional A. 1 Lot. 13 C Duncan Drive Scale: 1" = 60' Date: April 10, 2002 e{ 6, Lot 1 3(�r� P�do� 6 i 3.5 77, 150 SF+/— + North 1.77 Acres+/ o o so t 190 240 n of - C.B.A. = 44,021 S.F.+/— Zoning District: R•-1 15368 N�F Toy (5090 or Zonrrp ARF.�t� �" � �. I certify that this plan was prepared (Residence 1 District) Paved in conformance with the rules and ap p%-'h1\��� 2p�•9 o regulations of the register of deeds. 53t L=80. 14' man ©ate w Z R=205.95' �e \ o NORTH AMOVER Tv-- Lot 13B ZOAM WARM OF APPEALS �' �• e a� U 58, 117 SF+1— / 1.33 Acres+ — 110- y' � t` nate. \�\�/ �G�� �•oQ ``Q Locus flap tH OF \SO CIO `v THOMAS E. ', J o,.� oar'' P, SX TE o 0 \V0% .�► NO to: Thomas 8 Neve Associatea Inc. \� \ Lot lis & ijc are shown on a plon RQ £ s — sk rve s — Land Use Planners L, \ recorded in the North Essex Registry �o 6�ston -- U.S Route 1 \ \ as pion No. 9198 doted June 13, 1983. TapsA47isacheAmtts 01983 887-8586 2074—ZBA V _ ,CE ' si ;r, t Town of North Andover Planning Board � ''`; �$�iL r f Application for Special Permit Please type or print clearly. N r. Petitioner: Ann T. Barbagallo, Trustee Ntitioner'sAddre : 120 Duncan Drive North Andover MA 01845 Telephone number: 978-686-4222 2. Owners-of the land- _ _Ann T_ Ra rha ern l � 't'rU S t@P Address: same Number of•-year s ot•ow aer Wp: 19 3. D tioaofPro sed Project:Von rtrn�.ti•�T Q!F 00—Ga arirr L N 13B IM Duncan Drivel and 13C D»nnan Drjy e to T -Mrovide acgn.— to npw n;nQ1t-..fBw.i1m_dwell-i ng to a —constructed-c<)nstructgd on Lot 13e, 13arfdauxeZigting driveway for Lot 13B- 4. Deseriptionofpremim Lot 13B (120 Duncan Drive) 'and Lot 13C, Duncan Drive ' 5. AddressofPhraprartyB ABeeted_1_20 T)Une-an Dri and Lot 1�Duncan Dr. ZoningDktiict R-1 formerly Et-2) Assessors: Map: i 0 4BI.at#��� 1.7 7 Registry of I)eeels: Book#:-3- 4 7 ' ._� Wage#: 1 ,Z_ 4620 215 6, F.sting Lot: (13C) Lot Area(Sq.Ft) -77,150 BuildingReigM Street Frontage: 150 Side Setbacks: Front Setbac)t; hear Setback: Floor Area Ratio: Lot Coverage: - 7. Proposed Lot(if applicable): N/A _ Lot Area(Sq. Ft) Uvilding Height Street Frontage: Side Setbacks:_ Vront Setbnck: )tear.Setback: _ Floor Area Ratio: ' Lot Coverage;_ . {, •d of le2egieg uud 4eo :s0 20 Lo noW S. Required Lot(as required by Zoning Bylaw): R-1 Lot Area(Sq.Ft) R7 1 ?Q BuildingHeight_ 3 Street Frontage: 375 Sisk Setbacks: 3 0 Front Setback: 30 Rear Setback: 30 Floor Arca Ratio: N.1 A Lot Coverage: X.1 A _ 9. Existing Building(if applicable), N/A Ground Floor(Sq.Ft.) #of Floors: Total Sq,Ft Ticigm.. Use. Type of Construction 10. Proposed Building: N/A Ground Floor(Sq.Ft.) #of Floors: Tow Sq.Ft. Height: Use: Type of Construction 11. ItUis there be=a previous application for a Special Pcnnit from the Planning Board on these. premises? Yes• If 50.when and for what type of construction?Common Driveway, withdrawn without prejudice on or about December 19, 2001. 12. Section of Zoning Bylaw that$pedal Permit Is Being Reque xted 2,30--le 7.2.1 . 13. Petitioner and Landowner signature(s): Every application for a Special Permit shalt be made an this form which is the official farm of the Planning Board. -Every application sluW be;filed with the Town Qerk's offiice. It shall be the w-Vonsibility of the petitioner to fiarnisla all supporting documentation with this applieabon_ The dated copy of this application re=ved by the Town Clerk or Pkirmung Office ,does not absolve the applicant from this responsibility. The petitioner shall be responsible for an cxpen= for fling and legal notdiication. Failure to comply with application requirantenm as cited limcin, and in the PLannitig Board Roles and)tegulations may reiaali in a dismissal by the Planning.B oard of this application as lacompictc. Petitioner's Signature: Print or type name b=: Ann T. Ra rhaga 1 1 n, TrustQe Owner's Signature: Print or type name hem: Ann T_ Ra rha(ja 1 l nn, T—rii_-�_t,= 14. Plca.4e list title of plats and documents you will be aMching to this application,. 1. Site Development Plan, dated October 10, 2001, designed for Barbagallo Children Realty Trust Lot 13C Duncan Drive, North Andover, prepared by Thomas E. Neve Associates, Inc. 2. Plan of Land in North Andover, MA, dated June 13, 1983 prepared for Barco Corp. by Thomas E. Neve Assoc. , Inc. E 'd bi*bfr-9B9-i3L6 oiie2eq.aeg uud dE0;60 20 Lo noN