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Home My WebLink AboutCARROLL, JOHN Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 8B — Certificate of Compliance 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Kartcher LLC c/o John Carroll, Manager computer, use Name only the tab key to move 1501 Main Street, Suite 15 your cursor- Mailing Address do not use the Tewksbury MA 01876 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: John Carroll Name July 2, 2007 242-1392 Dated DEP File Number 3. The project site is located at: 810 Salem Street North Andover Street Address City/Town Map 65 Parcel 15 (15-1) Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Helen St. Cyr Property Owner(if different) Essex North 10856 180 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/1/08 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: PCOC for 810 Salem Street(Lot 15-1)only wpaform 8b.doc•rev.7113!04 - Page 1 of 4 f Massachusetts_Department of Environmental Protection �— Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance PCOC Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1392 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (include any conditions contained in the Final Order,such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 80 C. Authorization Issued by: North Andover Conservation Commission Date of Iss ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See Attachment). Signatures: wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 10c do LIMassachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1392 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North /7 Y-A J)e0!5 I b(-2 0 Coe On this Day Of Month Year before me, +the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town P ignature of Notary Public ` DONNA M.WEDGE 1 ? NOTARY PU RIC Printed Name of Notary Public cor,r„orrwEAttHOFMnss,^ct;sfizrs ` My Comm.Expires At.V.7,2005 My om issi Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance pCoc- �` 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 810 Salem Street(Lot 15-1) 242-1392 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: II Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection L - Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Beichertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborouch Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester WelfFleet Phone:508-946-2700 Barnstable Eastham Hanover North Aftleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617 556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsheld wpaform8b.doc•DEP Addresses•rev.11/25/08 Page 1 of 1 f I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B -- Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1392 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Kartcher LLC c/o John Carroll, Manager computer, use Name only the tab key to move 1501 Main Street, Suite 15 your cursor- Mailing Address do not use the Tewksbury MA 01876 return key. City/Town State Zip Code Q2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: John Carroll Name rim JUIy 2, 2007 242-1392 Dated DEP File Number 3. The project site is located at: 810 Salem Street North Andover Street Address City/Town Map 65 Parcel 15 (15-1) Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Helen St. Cyr Property Owner(if different) Essex North 10856 180 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/1/08 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: I, PCOC for 810 Salem Street(Lot 15-1) only wpaform 8b.doc•rev.7/13/04 - Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance loco G Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1392 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 80 C. Authorization Issued by: North Andover /4' -/,p bp Conservation Commission Date of Iss ante This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Attachment). Signatures: / wpaform 8b.doc.rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B Certificate of Compliance Oc°C Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1392 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North �7 �� J)e(2 41bC,'/" X49? On this Day Of Month Year before me, the undersigned Notary Public, personally appeared �? h ,4,bC)A) Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town ignature of Notary Public DONNA M,WEDGE - ' 1 NOTARY PUSUC Printed Name of Notary Public COMMONWEALTH OF AMf;S'.0 iC5ETT3 ' My Comm.Expires Aug.7,2009 II � 06 My om issiA Expires(Date) Place notary seal and/or any stamp above - '?R 4/ Q Signature of Notary Public wpaform 8b.doe•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B Certificate of Compliance pcac Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1392 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 810 Salem Street(Lot 15-1) 242-1392 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number pp Signature of Applicant 9 wpaform 8b.doc-rev.7/13/04 Page 4 of 4 L 77 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillioston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Welffeet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.11/25/08 Page 1 of 1 Helen.J. St.Cyr 7 %Beverly Street Methuen,MA 01844 December 19,2006 Town of North Andover Planning Board, Dear Folks., You currently have a request before you to wide my property at 810-812 Salem Stmeet in North Andover.Would you please extend the final decision on this until January 4,2007. Thank you. Helen,J. St.Cyr Am Marie H. Johnston Durable power of attorney for Helen St. Cyr 41 Goodale Street Haverhill,MA 01830 Cell phone contact#(978)994-3990 Gerald Johnston � IWO E p Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEA .S� Albert P.Manzi III,Esq. Chainvan r, w Ellen P McIntyre,I �Chr airman � VtORT14 q ' i O TL6D I o lticl�axd J.:E3lers Esq. Clerk �+ baw s.�O t �9 Joseph D.LaGrasse p O� 260 NL 6 pig David R.Webster 9 Assodate Members Thomas D.Ippolito r� orb Ni8'{ , a r Richard M.Vaillancourti: %SSSSSAai 1 f 3• Daniel S.Braese,F'sq. 9SSACHIi'S�� Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appy Will hold a public hearing at the North Andover High School Lecture Hall,430 Osgood Street,North Andover,MA on Tuesday the I e of December, 2007 at 7:30 PM to all parties interested in the application of John Carroll, c/o Howard P. Speicher,Davis Malin&D'Agostine P.S,, One Boston Place, Boston, MA 02108, for premises at: 810,Lot 15-1,Salem Street(Map 65,Parcel 15-1),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling;or a Finding from Section 7, Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area) does not include"Riverfront Areae as a"Wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on December 3 &December 10,2007. Legalnotice 2007-023. M65P15-1. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorLhandover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF"PEALS C E 1 V E 0 Albert P.Martzi 111,Esq.Chairman Elleti P.Mchityre, I'ire-Chairman Q* VAORTFt Ricliatdj.Byers,Esq. ClerkLeo V6 2097 NOV 2 6 P11 3: 23 Joseph D.LaGrasse C in David R.Webster A.Y,wiale Memhe)-s Thomas D.Ippobto NOR H ANbov-,' ' ,Richard M.V01ancoiirt MASS 17 Daniel S.Braese,Esq, 4C Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the North Andover High School Lecture Hall,430 Osgood Street,North Andover, MA on Tuesday the I e of December, 2007 at 7:30 PM to all parties interested in the application of John Carroll, c/o Howard P. Speicher,Davis Maim&DAgostine P.S., One Boston Place, Boston,MA 02108, for premises at: 812,Lot 15-2,Salem Street(Map 65,Parcel 15-2),North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1.1 (Contiguous Buildable Area)and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area) does not include"Riverfront Area"as a"wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, K Chairman Published in the Eagle-Tribune on December 3 &December 10, 2007. Legalnotice 2007-024. M65P15-2. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofriorthandover.com T awn a��o��A�td�ovex ZONING BQARD OF APPEALs �;r C-TI E Albert P.Manzi III,Esq. Cba;rnaarz ORT4{ t:a o Ellen P.McIntyre, I ate-G'hairn��ra t�eo q O Richard 1.Byers,Esq. Clerk �,P 46.6 p `e i1 �1' iJ Joseph D.LaGrasse , AN- David R.Webster sst?eiate Members 1 i ,� ThorYzas D.Ippolito '� o W W ��,va111anC0111"t Richard `+� - �1 �'►wno�� r y � r":rL . Daniel S.Braese,Esq. 9ssacwus'�� . Town Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 812,Lot 15-2,Salem Street(Map 65,Parcel 15-2) NAME: John Carroll,c/o Howard P. Speicher, HEARING(S): December 18,2007 Davis Maim&D'Agostine P.S.,One Boston Place,Boston,MA 02108 ADDRESS: 812,Lot 15-2,Salem Street PETITION: 2007-024 North Andover,MA 01845 TYPING DATE: December 27,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the hearing at the North Andover High School Lecture Hall,430 Osgood Street,North Andover,MA on Tuesday the 18d'of December,2007 at 7:30 PM at 7:30 PM upon the application of John Carroll,c/o Howard P. Speicher,Davis Maim&D'Agostine P.S.,One Boston Place,Boston,MA 02108,for premises at:812,Lot 15-2,Salem Street(Map 65,Parcel 15-2),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.1.1 (Contiguous Buildable Area)and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling;or a Finding from Section 7,Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area)does not include"Riverfront Area"as a"wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on December 3&December 10,2007. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,David R. Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito and Daniel S.Braese. Upon a motion by Richard J.Byers and 2nd by David R. Webster,the Board voted to uphold the Inspector of Buildings and Deny a Finding from Section 7,Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area)does not include"Riverfront Area"as a"wetland resource area";and upon a motion by Richard J. Byers and 2nd by David R. Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.1.1 (Contiguous Buildable Area)and Table 2 of the Zoning Bylaw for relief of 18,750 sq.ft.from the setback requirements for riverfront areas in order to construct a single family dwelling per: Site: 812,Lot 15-2, Salem Street(Map 65,Parcel 15-2),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Massachusetts,prepared for,Helen J. St.Cyr,7- 1/2 Beverly Street,Methuen,Massachusetts Date(&Revised Dates): November 24,2006,Rev.:February 6,2007 Registered Professional Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park Land Surveyor: Street,Andover,Massachusetts 01810 Sheet/Drawing: Registry of Deeds,Northern District of Essex SS,Received and Recorded, On 2-9,2007 Plan No. 15629 With the following condition: 1- The single-family dwelling and lot shall be developed according to the Conservation Commission Order of Conditions issued 7/2/07 under DEP File Number 242-1302. Page 1 of 2 1600 Osgood St.,Bldg.20,Suite 2-36,North Andover,Ma 0184/5 Ph.—978.688-9541/Fax—978-699-9542 1 Web—www.town4wrthandovenom r Ellen P.Mclttvm, ��G Ch�Qrrrrar� NaerH HE C" 'lV E D . Of � Joseph D.LaGrasse o?? �{ g David R.Webster, p 2003 JAN " PM 4' ll Asseeiate Members * = a Thomas D.Ippolito o! .'°41 Richard M.Vaillancouit wrap Daniel S.Braese,Esq. t�SSRCHti'g�� RT ` f � �l own A Tim,Stamp Voting in favor: Joseph D. LaGrasse,Richard J.Byers,Albert P.Manzi,III,David R.Webster,and Richard M. Vaillancourt. The Board finds that Section 7.1.1 "Contiguous Buildable Area(CBA) As of April 28, 1986,the area of any new lot created,exclusive of area in a street or recorded way open to public use,at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw,Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area..."does include Lot 15-2 Salem Street(Map 65,Parcel 15-2),since the parcel was created in 2007 and was registered at the Essex North Registry of Deeds in the above cited Plan of Land on 2-9-2007. The Board finds that the"Preliminary Site Plan,in,North Andover,Massachusetts,prepared for,John Carroll, 1501 Main Street—Unit 415,Tewksbury,Massachusetts 01876,date:February 9,2007,[by]Merrimack Engineering Services...",submitted as part of application 2007-024,shows that the proposed single-family dwelling will be located in the same area on Lot 15-2 as the razed dwelling. Therefore,owing to this circumstance relating to the pre-existing disturbed soil conditions of Lot 15-2,Map 65,Parcel 15-2,(previously known as 812 Salem Street Map 65,Parcel 15) especially affects this land but does not affect generally the Residential 3 zoning district in which it is located. The Board finds that a literal enforcement of the provisions of Paragraph 7.1.1 &Table 2 would involve substantial hardship,financial or otherwise,to the petitioner since the 200' setback from Mosquito Brook includes almost all of Lot 15-2 except the southeast corner. The Board finds that there was no written or spoken opposition. The Board finds that the proposed single-family dwelling will be built on uplands according to the Conservation Commission Order of Condition DEP File Number 242-1302. The Board fmds that desirable relief may be granted pursuant to Section 10,Paragraph 10.4 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse, and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. North Andover Zoning Board of Appeals Albert P.Manzi,III,Esq.,Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse David R.Webster Associate Member Richard M.Vaillancourt Decision 2007-024. M65P15-2. Page 2 of 2 1600 Osgood St.,Bldg.24,Suite 2.36,North Andover,Ma 0194 J 5 Ph.—978-688-9541 J Fax—978-68"542 I Web—www.wwnoffim&mdova.com om Town of North Andover Town Clerk Time stamp ZONING BOARD OF APPEALS in,11C,1EE-1 V r_- D_ -Albert P.Mami 111,1 aq. C15airman 7 Ellen P.McIntyre, I"iie-0ainwav IkORT14 0 Av Richatdj.Byers,Lsq. Clerk ."• 6 '14: 0 Joseph D.LaGrasse to 2008 JAN —a Pir David R,Webster 'A _Associate Members C -k M l'bomas D.Ippolito Richard M.Vaillancourt. A"SS Daniel S.Braese,Esq. H Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.cb. 40A, §17 -Property at: 810,Lot 15-1,Salem Street(Map 65,Parcel 15-1) NAME: John Carroll,c/o Howard P. Speicher, HEARING(S): December 18,2007 Davis Maim&D'Agostine P.S.,One Boston Place,Boston,MA 02108 ADDRESS: 810,Lot 15-1,Salem Street PETITION: 2007-023 North Andover,MA 01845 TYPING DATE: December 27,2007 The North Andover Board of Appeals held a public hearing at its regular meeting at the North Andover High School Lecture Hall,430 Osgood Street,North Andover,MA on Tuesday the 18ffi of December,2007 at 7:30 PM upon the application of John Carroll,c/o Howard P. Speicher,Davis Malm&D'Agostine P.S.,One Boston Place,Boston,MA 02108, for premises at:810,Lot 15-1,Salem Street(Map 65,Parcel 15-1),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.1.1 (Contiguous Buildable Area)and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling;or a Finding from Section 7,Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area)does not include"Riverfront Area"as a"wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on December 3 &December 10,2007. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,111,David R. Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito and Daniel S. Braese. Upon a motion by Richard J.Byers and 2d by Joseph D.LaGrasse,the Board voted to uphold the Inspector of Buildings and Deny the Finding from Section 7,Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Area)does not include"Riverfront Area"as a"wetland resource area';and upon a motion by Richard J. Byers and 2nd by Joseph D.LaGrasse,the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.1.1 (Contiguous Buildable Area)and Table 2 of the Zoning Bylaw for relief of 18,750 sq.ft.from the setback requirements for riverfront areas in order to construct a single family dwelling per: Site: 810,Lot 15-1,Salem Street(Map 65,Parcel 15-1),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Massachusetts,prepared for,Helen J.St.Cyr,7-1/2 Beverly Street,Methuen,Massachusetts, Date(&Revised Dates): November 24,2006,Rev.:February 6,2007 Registered Professional Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park Land Surveyor: Street,Andover,Massachusetts 01810 Sheet/Drawing: Registry of Deeds,Northern District of Essex SS,Received and Recorded, On 2-9,2007 Plan No. 15629 With the following condition: 1. The single-family dwelling and lot shall be developed according to the Conservation Commission Order III of Conditions issued 7/2/07 under DEP File Number 242-1302. Page I of 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www,townofnordmdover.com .Y Town of North Andover ZONING BOARD OF APPEALS 11bert P.;Manzi III Esq. G}rai;�,rvri Alen P._'Vclutpm, t c 1;/><rrrrn VkORTti 0�,Oustal ,d, 't'a Rxcharcl J.Byers,Esc. G,�r� �ry 1 i 1' .a s '�A a.. 7 l O r 1o_elah D.LaGrasse +- �3~r O .0 David R. AV ebster E^ A tsso�ile Afemben * Y $ Thoinas D� Ippolit0 Richard M.Vaitiancourt �s °j►�reo�*�45 � ' �°" a . �_ Daniel S.Braese,Esq. 9�SACHUS�K Town Clerk Time Stamp Voting in favor: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,David R. Webster,and Richard M. Vaillancourt. The Board finds that Section 7.1.1 "Contiguous Buildable Area(CBA) As of April 28, 1986,the area of any new lot created,exclusive of area in a street or recorded way open to public use,at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw,Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area..."does include Lot 15-1 Salem Street(Map 65, Parcel 15-1),since the parcel was created in 2007 and was registered at the Essex North Registry of Deeds in the above cited Plan of Land on 2-9-2007. The Board finds that the"Preliminary Site Plan,in,North Andover,Massachusetts,prepared for,John Carroll, 1501 Main Street—Unit#15,Tewksbury,Massachusetts 01876,date:February 9,2007,[by]Merrimack Engineering Services...", submitted as part of application 2007-023,shows that the proposed single-family dwelling will be located in the same area on Lot 15-1 as the razed barn. Therefore,owing to this circumstance relating to the pre-existing disturbed soil conditions of Lot 15-1,Map 65,Parcel 15-1,(previously known as 812 Salem Street Map 65,Parcel 15) especially affects this land but does not affect generally the Residential 3 zoning district in which it is located. The Board finds that a literal enforcement of the provisions of Paragraph 7.1.1 &Table 2 would involve substantial hardship,financial or otherwise,to the petitioner since the 200' setback from Mosquito Brook includes all of Lot 15-1. The Board finds that there was no written or spoken opposition. The Board fmds that the proposed single-family dwelling will be built on uplands according to the Conservation Commission Order of Condition DEP File Number 242-1302. The Board finds that desirable relief may be granted pursuant to Section 10,Paragraph 10.4 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice, and a new hearing. N6,A Andover Zoning oard off Appeals Bert P.Manzi,III,Esq.,Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse David R.Webster Associate Member Richard M.Vaillancourt Decision 2007-023. M65P15-1. Page 2 of 2 1600 Osgood St.,Bldg 20,Suite 2-36,North Andover,Ma 0184/5 Ph.—978.688-9541/Fax—97"88-9342/Web—www. .eotn f Ho or.,,� rCa,,ta .aa"'G A S1CHU5 TOWN OF NORTH ANDOVER VARIAN ' ZONING BOARD OF APPEALS 2037 NOV 16 AM 10: 22 NAME: ' ADDRESS OF APPEAL: °s =T47rre stamp Procedure & Requirements for an Application for a Variance Ten 00) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication: receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required pian information as After the hearing,a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County,North Registry of Deeds, 384 Office to be certified by the Town Cleric with the time Merrimack St.Suite#304, Lawrence MA,01843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Clerk's Office,and the 10 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services North Andover Town Hal 1600 Osgood St., Bldg.20,Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Cleric's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below 1. Petitioner: *Name, *Address and telephone number: John Carroll c/o Howard P. Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108 , 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2 Beverly Street, Methuen, MA 01844 Anne Marie H. Johnston, under durable power of attorney; 978-994-3990 Years Owned Land: 42 3. Location of Property: P rtY: a. Street: 810-812 Salem Street Zoning District: R3 - b. Assessors: Map number: 65 Lot Number: 15-1 c. Registry of Deeds: Book Number: 1046 Page Number: 89 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 . 1 . 1 ; Table 2 (Contiguous Building Area) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: In the alternative (see related application for Finding) this application seeks a variance from the Contiguous Buildable Area (CBA) provisions of Section 7 . 1 . 1 and Table 2 of the Bylaws. See attached memorandum The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicaft The decision will be limited to thereq uest by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: lnds tate the dimension (s)that will not meet current ZoningBylaw Requirements. Lines A and B are in Y �1 ( e case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.00BA N/A N/A % N/A N/A N/A N/A N/A N/A B• % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 122 , 773 N/A N/A N/A N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear' 122 , 773 N/A N/A N/A N/A N/A N/A N/A N/A 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25 , 000* N/A N/A N/A N/A N/A N/A N/A N/A *Required CBA is 75% of required lot area, or 18 ,750 sq. ft. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 2610 1 and 2 4600 Barn *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). I 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Unite* 1540 2 . 5 33 3080 Dwelling *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: John Carroll PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. "Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x1 T, preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance It) One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch.40A,Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date. the North Andover Zoning Bylaws, all dimensional Iin Plan shall be prepared, stamped and certified by requirements shall be dearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. *Required Features On Plan: structure. I) Site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. S. abutters ofro p petty,within 300'radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions,easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant,owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk 0. In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall + be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Cleric's Office and ZBA secretary at least thirty(30)days check or money order to:°Town of North Andover}for prior to the public hearing before the Zoning Board of the cost of first class,certified,return receipt-($5.21 as appeals. of May 2007)x#of all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal A set of building elevation plans by a Registered notice check. Also,the applicant shall supply first class Architect may be required when the application postage stamps(currently 410)x the#of parties of involves new construction/conversion/and/or a interest on the abutter's list for the decision mailing. proposed change in use. 11. B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1'x2-5/8"(3 copies 10. A. Major Projects for the Legal, and one copy for the Decision mailing). Major projects are those,which involve one of the 11. C. Applicant shall provide a check or money order followingwhether existing or proposed: to: °Town of North Andover"per 2005 Revised Fee g P Posed' n five (5)or more parking spaces, Schedule. III three(3) or more dwelling units, ► A Variance once granted by the ZBA will lapse in III)2,000 square feet of building area. 1 (one)year If not exercised and a new petition must Major Projects shall be submitted.�4 raj require,that in addition to the 1QB& 1 QC features,that the plans show detailed utilities, soils, and topographic information. Zoning Bylaw Review Form ° ,t�" •1"° Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 � North Andover, MA. 01845 SS"CHps� Phone 978-688-9545 Fax 978-688-9542 Street: 810-812 Salem Street, Lot 15-1 Ma /Lot: 65/15-1 Applicant: John Carroll Request: New single-family dwelling after razing existing dwelling. Date: 10-26-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-3 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit G_1 Contiguous Buildable Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 NIJ Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information 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 submittid by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the abofile.You must file a new ding permit application form and begin the permitting proces . 0 F /C)7 Building Department Official Signature Application Received Appli ation enied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: ev�� eaQt1 fX penialI�yr` eferler � 4§��1n l fer rice T 7 k xf zm � aNltLm G-1 A Variance from the North Andover Zoning Board of Appeals is required from: 117.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986,the area of any new lot created,exclusive of area in a street or recorded way open to public use,at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw,Chapter 178 of the Code of North Andover.The proposed structure must be constructed on said designated contiguous land area."of the Zoning Bylaw for relief from the 200 foot riverfront zone of Mosquito Brook in order to construct a single family dwelling. II Referred To: Fire Health Police X Zoning Board of Appools x Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 . 1 TOWN OF NORTH ANDOVER ESSEX, SS. ZONING BOARD OF APPEALS APPEAL OF JOHN CARROLL FOR APPELLANT'S MEMORANDUM IN FINDING AND IN THE SUPPORT OF APPEAL FOR FINDING ALTERNATIVE FOR A VARIANCE AND IN THE ALTERNATIVE FOR A RE: 810-812 SALEM STREET, LOTS 15-1, 15-2 VARIANCE John Carroll, (the"appellant')who is the purchaser of the property at 810-812 Salem Street,pursuant to a purchase and sale agreement with the present owner, Helen St. Cyr, appeals from a decision of the building commissioner denying applications for building permits for two single family homes to be constructed on this subdivided property. In the alternative,the appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn. Earlier this year,the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots,known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been r i designated as "Riverfront Area"under the Riverfront Act, making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However,because the CBA requirements, making "wetland resource areas" subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of"wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200-foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was 2 y adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200-foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiff's cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. 3 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of"adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6h ed., updated October 2006). "[W]here a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter,we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. 4 ALTERNATIVELY,VARIANCES SHOULD BE GRANTED Alternatively, the applicant has requested the ant of variances for each of the two lots pp q �' from the provisions of Section 7.1.1 of the Bylaw,which imposes the CBA requirements. If the CBA is applicable to the property,the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to 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, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise,to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. Relief may be granted without detriment to the public good and without nullifying or derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland 5 resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicant's building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, JOHN CARROLL, By his attorney, Howard P. *e-iKer7BBO#474380 Davis,Mahn&D'Agostine,P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: November 14, 2007 6 459606v.1 'i d s JAMM P CYARY III 6� JOWH A C LEM,PC ATrMms AT LAV 345 MAH STpWBK 9853 S 149 P.Q Box 730 HAVwnL MA 01831.1303 QUMQAWJM - .._. 1, Helen J. St. Cyr, being Unmarried, of Metiawn, Essex County,Massachtusetts For less than Ore HundMd and 001100($100.0))DORM ConddWdft P91d Grant to Helen T. St. Cyr, Trustee of the St. Cyr Family Trust, under Declaration of Trust dated September 1, 2005, having an address of 7 Ih Beverly Street, Methuen, Massachusetts 01844 WITH QUITCLAIM COVENANTS - The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Street, North Andover, Massachusetts 01845, bounded and described as follows: Begun mg at a stake and. stones on the northerly cornet near a stone bridge back of the barn now or formerly of Mr. Abijal Hiller; thence SOUTHWESTERLY by the road as the fence stands 26 poles to a stake and stc at the southeasterly corner by the Salem Road; thence WESTERLY and NORTHERLY by said road as the fence now stands 39 poles to a stake and sto formerly of Phineas Foster land; thence �►,£ x EASTERLY by land now or formerly of said Foster land as the fence stands 4j 1e§& the first bound. Containing four acres and forty poles more or less. Being the same promises conveyed to me by deed of my late husband, Gerard C. St. Cyr and my dated October 13, 1965 and recorded with Essex North District Registry of Deeds, Book 1046, Page 8� , NO TITLE EXAMINATION REQUESTED. WI'1 MS my hand and seal this 131 day of October, 2005. Helen J. 3t yr uK 9853 PG 150 COMMOMVMTH OF MASSACHUSETTS Essex,ss. On this 13th day of October, 2005, before me, the undersigned Notary Public, personally appeared the above-named Helen J.St.Cyr proved to me by satisfactory evidence of identification,being (check whichever applies): [] driver's license or other state or federal governmental document bearing a photographic image, [ ] oath or affirmation of a credible witness known to me who knows the above signatory, or Kmy own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as her free act and deed, voluntarily for its stated purpose. josEm A.CL.EARY �c: Joseph A. Cleary WTAY''WuCCommmss:ission E November 12 2005 cofflol�nXTH OF 19A53�.ki!° TS y a �� Mj Com Expka NOV.l2.aegis Qualified in the Commonwealth of Massachusetts "I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED 1, SEE TOWN OF NORTH ANDOVER ASSESSORS MAP 065 PARCEL #15; STREET ON DESIGN OF THE PLANS IS IN COMPLIANCE WITH THE SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER PURPOSE OF THE SUBDIVISION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN J. ST. CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN 3q AND THIS PIAN WAS PREPARED IN ACCORDANCE WITH THE JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE ( BLUE RIDGE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS DATE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND ROAD OF THE COMMONWEALTH OF MASSACHUSETTS. ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 Sf£ 3. REFERENCE PLANS: ft T E.N.D.R.D. PL. 13603 0� SITE 2/6/07 E.N.D.R.D. PL. 13990 STEPHEN E. ,L.S. DATE 1965 COUNTY LAYOUT LOCUS AS 4. SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1"=1.000' FOR REGISTRY USE "THE PLANNING BOARD'S ENDORSEMENT OF THE PLAN NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. LAW IS NOT A DETERMINATION AS TO CONFORMANCE WITH THE 5, SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS." JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V•D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER. 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND Q BCW BITUMINOUS CONCRETE WALK CMP CORRUGATED META PIPE Po"NEW,m ` RCP REINFORCED CONCRETE PIPE / ,PgNyO BIT. CONC. BITUMINOUS CONCRETE NEW ENagNO cc CEMENT oto CGdr Meryt W F. WOOD F AMECRETE A,Nl W.F.D. WOOD FRAME DWELLING DH R.O.W. RIGHT OF WAY ` FND S> N/F NOW OR FORMERLY Za D RF 9 RIVERFRONT FLAG WF $A WETLAND FLAG v ie q5s S Lar EDGE OF RIVERFRO14T S EDGE OF WETLAND 0 C:)� STONE WALL WOOD STOCKADE FENCE FmD STEEL GUARD RAIL �tis4 w• ! ''1"r. o t S8DH O DH DRILL HOLE Q'l FND O IP IRON PIN O SB DH STONE BOUND DRILL HOLE El EC SB ESSEX COUNTY STONE BOUND AD J 0IS Q T �015-2 } / LO 4415-1 AREA-25,000 S:F. p Q' AREA-122,773 S.F. ,�� / n w /, - =0.5739 AC. ,��:- W F?N0 DH =2.8184 AC. ,i_ ! / < � / 1 UNS 1� � DHS Ntg?sssf ,`� ' w 5 �2 FND H l/ .�'/ 8 s 8 � ' % Ec S9 �l M ,�� P oft PLAN 0L LAND XF0 26. T 20_52 FROM 4511 w F T NORTH ANDOVER, MASSACHUSETTS Tor .y , R< qL EizoNrA a, / - 5 >>s•oo. GE=5o9.28 — PRic�PARED MR � ,.u � WIDTH L=41 .05 /t- vae�o� t�•vout HELEN r ST. CYR &r ooHc E1Yr STEEL GUARD / \g65 EC SB 7 1 AS PAIrk '. L E PND DATE' NOVMMW 24, 2008 )W..: FEBRUARY B, 2007 SCALE." 1-40' 0' 20' 40' 80' 120' MERROUCK ENGINEERING SERVICES 68 PARS S72?W AAWV04 HAWACHWRM 01810 NOTES 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #65 PARCEL #15; STREET APPLETON SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER OF RECORD IS HELEN J. S7. CYR 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN S�(F JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE BLUE RIDGE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND ��• S ROAD ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 e TRF 3. REFERENCE PLANS: E.N.D.R.D. PL. 13603 �J� SITE E-N.D.R-D. PL. 10883 1965 COUNTY LAYOOUT LOCUS 4. SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25.000 S.F. LAND 1 =1'000' AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V.D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN. EXISTING HOUSE IS SERVICED WTH MUNICIPAL SANITARY SEWER., 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND r Q BCW BITUMINOUS CONCRETE WALK CMP CORRUGATED METAL PIPE ap N"wEry RCP REINFORCED CONCRETE PIPE /� NE Cp,AfP4ctAA, BIT. CONC. BITUMINOUS CONCRETE -,q"�v Co E,T CC CEMENT CONCRETE W.F. WOOD FRAME qNy W.F.D. WOOD FRAME DWELLING DH R.O.W. RIGHT OF WAY N/F NOW OR FORMERLY 73 62s^` n RF 9 RIVERFRONT FLAG RF is WF 8A WETLAND FLAG EDGE OF RIVERFRONT EDGE OF WETLAND STONE WALL e> k -a—o— WOOD STOCKADE FENCE Z'ee STEEL GUARD RAIL /f ,. �►. SB DH ©DH DRILL HOLE FNO ®IP IRON PIN a I p SB DH STONE BOUND DRILL HOLE f O EC SB ESSEX COUNTY STONE BOUND a NB t' 139.74' �3r LQT S-1 � o AREA IZZ77733 S.F. AREA=25.000 S.F. =0.5739 AC. W . SB DH =2.8184 AG a `ro FND � J i EXISTING BUILDING" . —A TC'BE N1g�9 4 / R MOVED n� EXISTING .:: t- VIF�. FEND N 9 i UILDING �.W.F 2 20' BO BE p 9 s G REMOVED p 4 N EC SB14. W 4A PRELIMINARY SITE PLAN 7OiAL FR l>l• "s .'rI U. Tf 40 GE7 m Iia 7)5�. pNTAGE='509.28' . � SK � 5 NORTH ANDOVER, MASSACHUSETTS Leir L=414.05J VARC_9LE AYp0r PREPARED FUR 000v CO'VC. EM STEEL GUARDR �g65 ENT MDQ 17 FO Ar� WLI; 1501 MAW STREPsT-UMT pTlS MPMBVRY, MASSAMMMTS 01878 - DATA FEBRUARY 9, 2007 SCALL` 1-40' o' 20' 40' 80' 120' JMl?WCK ENGINKW"G SERVICES 86 PARS STREET F AAfDOVE$ MASSACBUSEM 01810 MORTN 1 h FINDING 10* 23 TOWN OF NORTH ANDOVER 2 `' I till ZONING BOARD OF APPEALS k NAME: I C , ° v S v„ ADDLtESS OF APPEAL: Procedure & Requirements for an Application for a Finding STEP,$: SCHEDULING OF HEARING AND Ten(10)copies of the following information must be Appeals schedules submitted Oft(a days prior to the first public hearing. PREPARATION of LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Apps res the legal bed may result in a dismissal by the the applicant for a hearing date and preps time periods prescribed as incorm e. notice for mailing to the parties in interest(abutters)and ZoningBoard of an appl—WabonThe petitioner Is for publication in the r� -bin pre The information herein is an abstract of Moore specific notified that the legalred and the requirements listed in the Zoning Board Rules and roost of the party in Interest fee. Regulations and is root meant to supersede them-The �+�rtitioner wifi complete fiems that are underlined �,.�o z- n�u� -QY OF r r-r'�er UTICM STEP 1: ADMINISTRATOR PERMIT DENIAL: How"& picks;up the legal notice from the Office The petitioner applies for a Building permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial flim completed by the notice to the local newspaper publication. Building Commissioner. STEP S: PUBLIC HEARING BEFORE THE ZONING STEP t FINDING APPLICATION FORM; BOARD OF APPEALS: petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Finding. Ad information as dented by an agent or attomey. in the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner,the Board shay decide On the matter by using the information it has otherwise STEP 3: p AN PREPARATION: petitioner submits all of the requrned plan information as STEP 9: DECISION: will be cited in section 10, page 4 of this form- After the hearing,a copy of the Board's decision sent to all Parties in Interest. Any appeal of the Board's A'rEP 4 OBTAIN LIST OF PARTIES IN INTEREST• decision may be made pursuant to Massachusetts The petitioner requests the AsseSSor's Office to compile General Law ch.40A$17,within twenty(20)days after a certified list of Parties in Interest(abutters)- the decision is filed with the Town Clerk. AND PLAN_�- STEPS: SUBMIT APPLICATION STEP 10 R •�•.--� ••.— er is regponsi certification of petitioner submits one(1)original and ten(10)Xerox The pin ble for recording ns at the Essex cer copies of all the required information to the Town Clerk's the decision and any accompanying pi Office to be certified by the Town Clerk with the time county,North Registry of Deeds,381 Common St., and date of filing. The original will be left at the Town lawt+enoe MA,and shall complete the Certification of Clerk's Office,and the 10 Xerox copies will be left with Recording flim and forward it to the Zoning Board of the Zoning Board of Appeals secretary- Appeals and to the Building Department- 1111PORTANT PHONE NUMBERS: North Andover Town Hall 978.688-9533 Office of Community Dev.&Services 120 Main Street 1 e00 Osgood St., Bldg.20,Suite 2-36 North Andover, MA.01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G Pteass complete alt items 4 .10 below: 1. Petitioner: *Name, *Address and telephone number: John Carroll c/o Howard P. Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108, 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2 Beverly Street, Methuen, MA 01844; Ann Marie H. Johnston, under durable power of attorney; 978-994-3990 Years Owned Land: 42 3. Location of Property: a. Street: 810-812 Salem Street Zoning District: R3 b. Assessors: Map number: 65 Lot Number: 15-1 c. Registry of Deeds: Book Number: 1046 Page Number: 89 4. Zoning Bylaw Secbon(s)* under which the petition for the Finding is made. Section 7.1.1 Contiguous Building Area; Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: This appeal seeks a finding that the subject property complies with the Contiguous Building Area requirements of Section 7.1.1 and Table 2. Section 7.1.1 does not include "Riverfront Area" as a "'wetland resource area." See attached memorandum. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicaft The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 0 A.NIA N/A N/A /o N/A N/A N/A N/A N/A N/A B. % -=. v v■ -F NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N DI N G 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 122,773 N/` A N/A N/A N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 122,773 N/A N/A N/A N/A N/A N/A N/A N/A 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 25.000* - Iy'/A - SLAN/A N/A N/A NIA N/A N/A *Required CBA is 75% of required lot area, or 18,750 sq. ft. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units* 2610 1 and 2 4600 Barn *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 78. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 1540 2 . 5 33 3080 Dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature: Type above name(s) here: John Carroll PAGE 4of4 FINDING I WWTTM DOCUMENTATION no Plan shall be prepared,stamped and Application for a Finding must be supported by a legibly wed by a Registered Professional Land surveyor. written or 4VW memorandum setting forth in detail all Please nols that plains by a Registered Professional fads relied upon.AN dimensional requMmm is shall be Ems,Registered Architect,and/or a Registered curly identified and factually supported when LandscapeArchitect may be required for Major Projects. requesting a Finding from the requirements of MGLA ch. 40A,and the North Andover Zoning Bylaws. All points, *10.C. *Required Features On Plan: X- are raquhed to be addressed with this 1) Sib Orlent Mw Shan Include. 1. norlb point applicallm 2. mnMq district(s) 3. narwes of streets A. The particular use proposed for the Wrhd or 4. wetlands(if applicable) structure. 5. s of property,within 300'radius B. Fact(s)rued upon to support a Finding that the 8l not be more . locations of buildings on adjacent properties proposed adension or suaniiaNy detrimental than theeration�existing non- T. 5W from applicants proposed structure bst g use. 7. deed restrictions,easements. confonninC. Address all a details of the BuikNng � � �A Graphic Aids shall include: appropriate 1, Proposed features in solid lines&outlined in red Commlisloner°s denial. 2. ExlftV features to be removed in dashed fines 3. Grophft Scales 4. Drs of Plan 10. PLAN OF LAND 5. Title of Plan Each application to the Zoning Board of Appeals shall 8. Names addresses and phone numbers of the be accompanied by the following described plan(s). applicant, owner of record, and land surveyor. Plates must be submitted with this application to the 7. Locus. Town Clerk's Office and ZBA secretary at least thirty (30)days prior to the public hearing before the Zoning 10.D. MhW Projects Board of appeals. mor prejcl%such as decks,sheds,and garages, A set of building elevation plans by a Regbared shall require only the plan information as indicated with Arclhiteet may he required when the application an asterisk(A). In some cases further information may er involves new constructioniconvsioN andlor a requinid Proposed change in use. 11. APKMTION RUNG FEES 10.A. Major Projects 11.A. Noon fees:Applicant shall provide a Major projects are those which involve one of the checlk or money order to:'Town of North Andover- following whether existing or proposed: 012-1780.4841'for the cost of first class,certified, A five(5)or more parking spaces, return receipt(currently$4.84)x 0 of all parties in 19 three(3)or more dwelling units, inter"identified in MGLA ch.40A§11 on the stutter's M)2,000 square feet of building area. list for the legal notice postage check. Also,the Major Projects shall require, in addition to the 108.& snail supply first Baro postage tamps 10 C.features,that the pians show detailed utilities, (arretrtly 39$)x the 0 of parties of interest on the soils,and topographic information. abutter's Ild for the decision mailing. *10. 8.*Plan Specifleations• 11.B. Mailing labels:Applicant shall provide four(4) n sire of plan: Ten(10)paper copies of a sets Legal mailing and onmalling labels no e copy for than he Decision plan M�0�to exceed 11"x17",preferred scale of madirhg). H) One(1)Mylar,with one block for Registry 11.C. See 2005 Revised Fee Schedule. Use Only,and one block for five(5)ZBA signatures and date.. NORTH Zoning Bylaw Review Form Of ".0 °q�0 Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 0' * North Andover, MA. 01845 SSACH°5Et Phone 978-688-9545 Fax 978-688-9542 Street: 810-812 Salem Street, Lot 15-1 Ma /Lot: 65/15-1 Applicant: John Carroll Request: New single-family dwelling after razing existing dwelling. Date: 10-26-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-3 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies X 3 Lot Area Com lies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit G-1 Contiguous Buildable Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 NIJ Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the abo file.You must file a new ding permit application form and begin the permitting proces . Building Department Official Signature Application Received Appli ation enied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: R Ii i A. >� 3et�°....' -....>t. G-1 A Variance from the North Andover Zoning Board of Appeals is required from: "7.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986,the area of any new lot created, exclusive of area in a street or recorded way open to public use,at least seventy five(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw,Chapter 178 of the Code of North Andover.The proposed structure must be constructed on said designated contiguous land area."of the Zoning Bylaw for relief from the 200 foot riverfront zone of Mosquito Brook in order to construct a single family dwelling. I I Referred To: Fire Health Police X Zoning Board of Appeals x Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 { a TOWN OF NORTH ANDOVER ESSEX, SS. ZONING BOARD OF APPEALS APPEAL OF JOHN CARROLL FOR APPELLANT'S MEMORANDUM IN FINDING AND IN THE SUPPORT OF APPEAL FOR FINDING ALTERNATIVE FOR A VARIANCE AND IN THE ALTERNATIVE FOR A RE: 810-812 SALEM STREET,,LOTS VARIANCE 15-1, 15-2 John Carroll, (the"appellant")who is the purchaser of the property at 810-812 Salem Street,pursuant to a purchase and sale agreement with the present owner,Helen St. Cyr, appeals from a decision of the building commissioner denying applications for building permits for two single family homes to be constructed on this subdivided property. In the alternative, the appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn.. Earlier this year, the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots, known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been designated as "Riverfront Area"under the Riverfront Act, making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their proximity to Mosquito Brook. If "riverfront area as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However, because the CBA requirements, making"wetland resource areas" subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of"wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200-foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was 2 adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200-foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiff's cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. 3 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of"adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6th ed., updated October 2006). "[W]here a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter,we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. 4 ALTERNATIVELY, VARIANCES SHOULD BE GRANTED Alternatively, the applicant has requested the grant of variances for each of the two lots from the provisions of Section 7.1.1 of the Bylaw,which imposes the CBA requirements. If the CBA is applicable to the property,the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to 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, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. Relief may be granted without detriment to the public good and without nullifying or derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland 5 resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicants building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, JOHN CARROLL, By his attorney, Howard P—. *;eAer7BBO#474380 Davis,Malm&D'Agostine,P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: November 14, 2007 6 459606v.1 JAM P.CURRY III& JOWH A CIMY,PC Y5 A7I.A'v 345 MA9853 P 149 34i MAINSum f9Y�d' PO.Box 730 WAmmiu,MA 01MI-130 I, Helen J. St. Cyr, being unmarried,of Methuen, Essex County, 11+Iassaalu>�etts For less than One Hundred&W001100($100.00)Dollars Con -1', Paid Gantt to Helen J. St. Cyr, Trustee of the St. Cyr Family Trust, under Declaration of Trust dated September 1, 2005, having an address of 7 % Beverly Street, Methuen, Massachusetts 01844 WITH QUITCLAIM COVENANTS The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Strut, North Andover, Massachusetts 01845, bounded and described as follows: Beginning at a stake and stones on the northerly corner hear a stone bridge back of the barm now or formerly of Mr. Abijal Fu1Ier; thence SOUTHWESTERLY by the road as the fence stands 26 poles to a stake and st at the southeasterly corner by the Salem Road;them= WESTERLY and NORTHERLY by said road as the ftce now stands 39 poles to a.stake and sto formerly of Phineas Foster land; thence EASTERLY by land now or formmerly of said Foster land u the fe= shinds ole*& the first bound. Containing four acres and forty poles more or less. Being the same premises conveyed to me by deed of my late husband, Gaud C. St. Cyr and my 8 dated October 13, 1965 and recorded with Essex North District Registry of Keds, Book 1046, Pap NO TITLE EXAMINATION REQUESTED. WITNESS my hand and seal this 131 day of October, 2005. Helen J. St yr a . BK 9853 PG 150 COMMONWEALTH OF MASSACHUSETTS Essex,ss. On this 13s' day of October, 2005, before tne, the undersigned Notary Public, personally appeared the above-named Helen J.St Cyr proved to me by satisfiwtory evidence of identification,being (check whichever applies): [] driver's license or other state or federal governmental document bearing a photographic image, [ ] oath or affirmation of a credible witness known to nne who knows the above signatory, or K my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as herr free act and deed, voluntarily for its stated purpose. dosEPN A.CLEARY c: Joseph A. Ck� wovv wt►Suc Commission Expires:November 12,2005 ea�sn o��ssAc.�su�tts Y xP r Me c +. Nov.+2,2005 Qualified in the Commonwealth of Massachusetts 'I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP ETON X65 PARCEL X15; STREET DESIGN OF THE PLANS IS IN COMPLIANCE WITH THE SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER PURPOSE OF THE SUBDIVISION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN J. ST. CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN rq AND THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE C BLUE RIDGE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS DATE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND t ROAD OF THE COMMONWEALTH OF MASSACHUSETTS. ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 qL' SrRFfr 3. REFERENCE PLANS: g E.N.D.R.D. PL. 13603 J� SITE 2/6/07 E.N.D.R.D. PL. 13990 STEPHEN E. .L.S. DATE 1965 COUNTY LAYOUT LACUS 4. SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1"=1,000' FOR REGISTRY USE THE PLANNING BOARD'S ENDORSEMENT OF THE PLAN AS AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOT A DETERMINATION AS TO CONFORMANCE WITH THE 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS." JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V.D. 6. LOCATION OF UNDERGROUND STRUCTURESANDCESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED NTH MUNICIPAL SANITARY SEWER. 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. LEGEND Q BCW BITUMINOUS CONCRETE WALK � CMP CORRUGATED META_ PIPE POµ�RNEw 4w _ ` RCP REINFORCED CONCRETE PIPE CDAfagN�VO BIT. CONC. BITUMINOUS CONCRETE New fivcL4ryD N� EA BIT. CC CEMENT CONCRETE PoK W.F. WOOD FRAME ` CAgroy W.F.D. WOOD FRAME DWELLING FHD R.O.W. RIGHT OF WAY 3)j N/F NOW OR FORMERLY RF 9 RIVERFRONT FLAG A WF SA WETLAND FLAG 33, 3 Lai EDGE OF RIVERFRO14T °` ? $ EDGE OF WETLAND C>c0000 STONE WALL ' /'' WOOD STOCKADE FENCE FND� ^ ^ STEEL GUARD RAIL To DH DRILL HOLE SB'OH FND 0/f SI IRON PIN O 58 DH STONE BOUND DRILL HOLE r s Q p EC SB ESSEX COUNTY STONE BOUND 4 G• y. 189.14' 3/ Lor 115-1 /)? ,° S, r - 3 AREA-122,773 S.P. '% AREA=25,000 SF. p Q' =0.5739 AG. n• W SB DH =2.8184 AC. po // / Y m�m. FND n o ! r.�FRC,N'( � DHS J 9 a3l J f ` 4 N/2 X / F , N �Q�/ ORS 2 46", 0. FNH D r v s -85 EC SB _ ---- -. _-rs s N, �' - -- - - �% 5 �P�o, 1,E PLAN 11 L LAND � 428. W � � w 45" E E NORTH ANDOVER, MASSACHUSETTS ..-579 R<))5�T DTq(.FRONTgGE_.509.28• w.�, � / 20.52 r R W,. W/ I S PREPARED FFR L-414.05. /\� VAR1Cou WtAYOU� HELEN J. ST. CYR 817 12 BEYM?LY STREET CONC PgVrMfNt STEEL GUARD r `965 FND� J 11aTfiVW, MAWACl�fJS= J !� L DAM NOV M M 24, 2008 REP.: FAMOARY 4 2007 i SCAL& 1-40' 0' 20• 40' 80' 120' I .aMR MACK ENGINEERING SERVICES 68 PARK SIRANT ANDOVER MASSACHUSEM 01810 NOTES APPL �...,, TON 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP 65 PARCEL 15: STREET # # STREET SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER OF RECORD IS HELEN J. ST. CYR 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN S9(FM JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE BLUE RIDGE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND �� S ROAD ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 �� TRFFT 3. REFERENCE PLANS: E.N.D.R.D. PL. 13603 �J� SITE E.N.D.R.D. PL. 10883 E.N.D.R.D. PL. 13990 LOCUS COUNTY LAYOUT 4, SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1"=1,000' AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V.D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER., 7. THERE ARE NO KNOWN ZBA Oft PLANNING BOARD DECISIONS FOR THIS SITE. / a LEGEND 0 � BCW BITUMINOUS CONCRETE WALK \ �� CMP CORRUGATED METAL PIPE PO,,ERNEW OV ` RCP REINFORCED CONCRETE PIPE CNp.jW AND BIT. CONC. BITUMINOUS CONCRETE 'VFW FNCt4 N� JFA�ENr CC CEMENT CONCRETE ND PDNgR W.F. WOOD FRAME ` �DMPA" W.F.D. WOOD FRAME DWELLING DH R.O.W. RIGHT OF WAY S> N/F NOW OR FORMERLY 2s^ A RF 9 RIVERFRONT FLAG .F 11 A WF SA WETLAND FLAG (,u ---- EDGE OF RIVERFRONT n ' EDGE OF WETLAND ":Aa �� °` �^/a j C7 O ooc'oo STONE WALL IDHI (, WOOD STOCKADE FENCE - QJ\SO % Q f;FND " STEEL GUARD RAIL �r,+� �� SB DH OO DH DRILL HOLE (r! �Q FF,®IP IRON PIN p SB DH STONE BOUND DRILL HOLE E)EC SB ESSEX COUNTY STONE BOUND o� va , N8 '11'2 739.54' r v v LOT #15-1 AREA=122,773 S.F. AREA=25,000 S.F. w 'v. - - =2.8184 AC / =0.5739 AC. W SB DH - ✓l'l 4 NoFNDC o N 71 J !t t 3 r M� ar EXISTING e BUILDING y f N � ' N19�g, TC, MOLD T a"< n' P • E�• SB DN ?./g 9 f // ,:,�� / 20• BUILSDnNG Z� 1 ORS 8 2 FND REMOVE p. o. �. EC SB 11 G PRELIMINARY SITE PLAN �lT W ✓ I � / ' BARN w- 10 fR0 9 R3 TOTALFRO =a _ 0.3 i57 4515 E E, IN S 0° TACF�S28' / S NORTH AND VER, MASSACHUSETTS ,, ` t w►ozH l herr L-414.os s- (_ NpRCO�tY IAYOUjf- PrREP�ARW FOR t T CONC FAVFMFNT STEEL GUAROR 65 FNDs ✓OR CIYLL.[LL J A 1501 H"STREET-UNIT#15 �- TRIFAMURY, MASSACHUSM701876 r DATER FEBRUARY 9, 2007 SCALE: 1"--40' 0' 20' 40' 80' 120' JORRIMACK ENGINEERING SERVICES 86 PARK STREET ANDD= H",VCHUSETl'S 01810 gO�TM j use ��h0 t r � } r "V ED s� FINDING �' '"'�` 2u7 TOWN OF NORTH ANDOVER 1 °$ I ; 22 ZONING BOARD OF APPEALS ; �u sW`t 4 ds .M NAME: , ADDRESS OF APPEAL: ; 3 'i . Procedure & Requirements for an Application for a Finding Ten(10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty 3( 0 days pn"to the first public hearing. PREPARATION OF LEGAL NOTICE:Appeals schedules Failure to submit the required information within the The Office of the Zoning Board of repares the legal time periods prescribed may result in a dismissal by the the applicant tnd (abutters)arK! ZoningBoard of an a rc:atron The petitioner�s lim In interest The information herein is an abstract of crone specific for publication in the newspaper. �and the requirements listed in the Zoning Board Rules and notified that the legal notice has been Mpa Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner wig comp to nems that are underbW under! STEP v DELnMff OF LEGAL M9MGE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 6: PUBLIC HEARING WyoRE THE ZONING STEP 2: FINDING APPLICATION FORM:. BOARD OF APPEALS: petitioner completes an application form to petition the The petitioner should appear in hiSAW behalf,or be Board of Appeals for a Finding. AN information as by an agent or attorney, in the absence of required in items 1 through and including 11 shall be represenany appearance without due cause on behalf of the completed. petitioner,the Board shall decide on the matter by using the information it has otherwise received. STEP 3• PLAN PREPARATNON: Petitioner submits all of the required pian information as STEP 9: DECISION: r cited in section 10, page 4 of this form. After the hearing,a copy of the Board's decision will be sent to all Parties in Interest. Any a of the Board's 8 - OBTAIN LIST OF PARTIES IN INTER decision may be made pursuant to Massadwsetts E The petitioner requests the Assessor's Office to compile General Law ch.40A$ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). the demon is filed with the Town Clerk STEP 5: SUBMIT AP OW STEP 10 REC1D^!^ D PLS. Petitionsubmits one(1)original and ten(10)Xerox The petitioner is responsible for er recording certrttcauon of copies of all the required inforrim ion to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of Deeds,381 Common St-, and date of filing. The original will be left at the Town Lawrence MA,and shall complete the Certification of Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department- IMPORTANT PHONE NUMBERS: North Andover Town Hall 97&688-9533 Office of Community Dev.B Services Street Main 1600 Osgood St., Bldg.20, Suite 2-36 978-68 120 Main Stn Town Clerk's Office North Andover,MA 01845 978-SM9542 fax for Community Development offices 978-688-9566 Assessoes Office 978468&9545 Building Department 9784IM9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G Please complett all home I-10 below, 1. Petitioner: *Name, *Address and telephone number: John Carroll c/o Howard P Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108, 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2 Beverly Street, Methuen, MA 01844; -Ann Marie H. Johnston, under durable power of attorney; 978-994-3990 Years Owned Land: 42 3. Location of Property: a. Street: 810-812 Salem Street Zoning District: R3 b. Assessors: Map number: 65 Lot Number: 15-2 c. Registry of Deeds: Book Number: 1046 Page Number: 89 4. Zoning Bylaw Section(s)* under which the petition for the Finding is made. Section 7.1.1 Contiguous Building Area; Table 2 i a *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: This appeal seeks a finding that the subject property complies with the Contiguous Building Area requirements of Section 7.1.1 and Table 2. Section 7.1 .1 does not include "Riverfront Area" as a "wetland resource area." See attached memorandum. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A N/A N/A % N/A N/A N/A N/A N/A N/A B. % NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI N DI NG 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000 N/A N/A N/A N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000 N/A N/A N/A N/A N/A N/A N/A N/A 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000* N/A N/A N/A N/A N/A N/A N/A N/A *Required CBA is 75% of required lot area, or 18,750 sq. ft. 7A. Existing Building(s); Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" 1769 2 . 5 25+:' 2670 Dwelling 2 i i k *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" 2058 2 . 5 25± 3171 Dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature: ` John Carroll Type above name(s) here: PAGE 4of4 FINDING I WRITTEN WCUMENTATION in Plan std be prepared,stanpW and Application for a Fin ft must be supported by a legibly =11 ied by aftgisftfWprofissstonah Land surveyor. written or typed memorandum setting forth in detail all Please note that pig by a Registered Professional fads relied upon.Ad dimensionbl rWronents shall be Engineer,Registered Architect and/or a Registered day identified and factually supported when ape Architect may be required for Major Projects. requesting a Finding from the requiregroft of MGLA ch. *10.C. *Required Features On Plan: 0A, 4and the North Andover Zoning Bylaws. All points, &C,ars required to be addressed YAM this 1. sill tion shaft include: � 1. norm point 2. nx ft dlsMd(s) A. The particular use proposed for the land or 3. names of streets structure. 4. wetlands of moble) 5. abutters of property,within 300'radius B u to a Finding that the es � F relied support• ) t� 8. locatiora of buildings on adjacent properties proposed extension or alteration shall not be more within 50'from applicants proposed structure substentialty detrimental than the existing non- 7. deed restrictions,easements. cgnfonning Use. 1n Legend&Graphic Ants shall include: C. Address all appropriate details of the Building 1. pmpowd features in solid lines&outlined in red CommWoner's denial. 2. g features to be removed in dashed fines 3. Graphic Scales 4. Dab of Plan 10. PLAN OF LAND 5. Tide of Plan Each application to the Zoning Board of Appeals shalt 6. Names addresses and phone numbers of the be accompanied by the following described plan(s). a~,owner of record,and land surveyor. Plans must be submitted with this application to the 7. LocuL Town Cleric's Office and ZBA secretary at least thirty (30)days prior to the iwtxic hearing before the Zoning 10.D. Minor Projects Board of appeals. mor p such as decks,sheds,and garages„ A set� elevation pians by a Registered only the pian information as indicated with 9 an asterisk(0). In some cases further information may Arthibct may be required when the application be required involves new construc1tWn/conrrer8kW and/or a proposed change in use. 11. AppLIC MON FLING FEES 10.A. Major Projects 11.A. NotMarrtion fees.Applicant shad provide a Major projects am those which involve are of the check or money order to:'Town of North Andover- following whether existing or proposed: 0022.1760.4641'for the cost of first class, certified, 1)five(5)or more parking spaces, return receipt(currently$4.64)x#of all parties in 11)three(3)or more dwelling units, interest identifled in MGt.A ch.40A$11 on the abutter's M)2,000 square feet of building area. list for the legal notice postage check. Also,the Major Projects shall require,in addition to the 108.S applicant shall supply first class postage stamps 10 C.features,that the plans show detailed utilities, (currently 39Q x the#of parties of interest on the soils,and topographic information. abutter's fist for the decision mailing. *10. B.*Plan Specifications: 11.B. MaiNnli labels:Applicant shall provide four(4) n size of pian: Ten(10)paper copies of a for the mailing no a�o��y for theDecision� plan not to exceed 11"x17",preferred scale of 1"=401. Mailing). In One(1)Mylar,with one Mock for Registry 11.C. See 2005 Revised Fee Schedule. Use Only,and are block for five(5)ZBA signatures and date.. �an.M Zoning Bylaw Review Form °�� •:' Town Of North Andover >: Building Department t 1600 Osgood Street, Building 20, Suite 2-36 North.Andover, MPL 01845 Phone 9794se-gs4s Fax 978488-'• Street: 810-812 Salem Stii,94.Lot 152 Me /Lot: 66115-2 ApEllcanh Jo n Carroll Re uost: New single-fam)I rX dwelling after nazi»g * I;t_5;jq dwelling. Date: - a e: 10 28.07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zohin District: R-3 Itorn I Notes Itern Notes Lot Aran F Frontage 1 Lot ares Insufficient 1 Fro nta a Insuficiant 2 Lot Area PreaAktin_ 2 Pronte a complies X 3 Lot Area Complies X 3 Prowdating froritaRE 4 Insufflciont Information 4 Insurnolent information B Use g No'access over Frontage 1 Allowed X G Contiguous Building Area 2 - Not Allowed 1 Insurficient Area X 3 Use Preexisting 3 Complies, 4 Special Permit Required 3 -Preoxtsting GSA 5 insufficient Information 4 Insufficient information C Setback H Building Height 1 All setbacks comply X 1 Wei ht Exceeds Maximum 2 Front Insufficient 2 Com lies X 3 Left Side Irtsufficlent it 1 Predx(slIng Haight 4 Right Side InsuMclent 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting Setback s 1 Coverage exceeds maximum 7 InAufFiCient Information Z Coverageom Gell 7 X D Watershed 3 Coverage Preexisting 1 Not In Waterehed X 4 Insufficient Information 2 in Watershed Sign 3 Lot prior to 10124/94 1 -fign not allowed 4 Zonv to be Determined 2 Sign Complies 5•_ Insufficient information 3 Insufficient Information E Historic District K Parking 1 In District review rt" uirad 9 More ParkhiR Required 2 Not in district I X 2 1 ParkingCompiles X 3 1 Insufficlent Informatio Remed far the above Is checked below. Poem# special Permits Planning Boar-0- Item 9 Variance Sue Pfan Rpviow Special Permit SM;ck Variance Acee.s othor than Fronteps Speelal PermitPP ln4 Variance PMntar Exceation Lot 8pedol rem G-1 Contiguous Buildable Area Variance Common Dilveway Speaw Permit Haight Variance Conaingeto WOua ng Spatial Pmmlt Variance for$Ign Gontlnuing Nre Retirement Speclot Permit Spacial Permits Zonin Board Independent Elderly Howinp_Spedal Permit Speiclel Permit Non-CoOormlhg Use 7,E t.nrpe Eetate Condo Special Permit Earth Remmal SpedDl Permit Z8A Plfinnod Development District Special Special Permit Use not Usted Out Simili • anrmtt .Planned 0e1,10cantiel Special Permit Special PORI for 2 Unit R•G.Density 513ociat Permit $pAotsi Permit Pr9.0rdd7nQ,'Non- Confprmin Watershed 5pooiari permit Supply Addillonal Information The above review and attached expimetlon of suoh is booed on the plans ted Informltlon submitted. No dallnitive review And or advicedhAtl be based on vnftl explenstionG by the sppkWnt nor shall such verbal expiamilon.by the applivent ewve!o provide deflnilivo AnAwere to the above reasons for OrmulAI., Any ineepimoles,misieukV Information.or other subeequont change#to the,Inlormatlon submitted by the applicant shoo be grounds for this review to be voided at the dKerp8on of the SuRoinp Department.The atiaehed dacument-Pon J"Pian ReNew Narrative'sMa bo attached hrroto and eneorporftd herein by r®ference:-'rhe bulidiiig'department will retpin all plane and Omumentailon ' for the N%You must fl a new buridng permit appilestlon form and begin the ponnittino proceso: _ _ D ii f e 65i di ig nplrtment OiKjI glgnaturn Application Anooived Apoi allon Oonled Donial Sent: If Foxed Phone Number/Date: leview Narra" awng narrative is provided to further explain.the masons for denial for the building permit )roporty Indlcated on the reverse sale: lab A Variance from the North Andover Zoning Board of Appeals Is required from: "7.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986, the area of say new lot created,exclusive of area in a street or recorded way open to public use,swicast seveaty five(75)ncrceat of the minimum.IM area required for zoning*hall be contiguous land other than land located within a line identified es vv t f e land resource arca:in aecardar:ce with.thc Wttlands.Protcction Act,M"w8chusctta Geowal lAws,Chapter 131,Section 40 and the Town of Waatth Andover Wcdand Protection Bylaw,Chapter 178 of the Code of NcOb A►pdover.i7lte proposed structure must be Constructed an said dcApmed cantigudus land area.„of the Zoning Bylaw for relief from the 208 foot riverfrOnt Zone of Mosquito Brook in order to construct a single family dwelling on less than 76% CBA.. 1 To: NvAlth vatlon X ' Zon rd eels b M 8M Me Works HiMorical Cor,mnisslon UIL INO DEi'T ' PrDc�iaiz000 TOWN OF NORTH ANDOVER ESSEX, SS. ZONING BOARD OF APPEALS APPEAL OF JOHN CARROLL FOR APPELLANT'S MEMORANDUM IN FINDING AND IN THE SUPPORT OF APPEAL FOR FINDING ALTERNATIVE FOR A VARIANCE AND IN THE ALTERNATIVE FOR A RE: 810-812 SALEM STREET, LOTS 15-1, 15-2 VARIANCE John Carroll, (the"appellant")who is the purchaser of the property at 810-812 Salem Street,pursuant to a purchase and sale agreement with the present owner,Helen St. Cyr, appeals from a decision of the building commissioner denying applications for building permits for two single family homes to be constructed on this subdivided property. In the alternative,the appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn. Earlier this year,the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots,known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been designated as "Riverfront Area"under the Riverfront Act,making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However,because the CBA requirements, making"wetland resource areas"subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of"wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200-foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was 2 r adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200-foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiffs cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. 3 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of"adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6th ed., updated October 2006). "Mhere a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter,we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. 4 t ALTERNATIVELY, VARIANCES SHOULD BE GRANTED Alternatively, h t e applicant has requested the grant of variances for each of the two lots from the provisions of Section 7.1.1 of the Bylaw, which imposes the CBA requirements. If the CBA is applicable to the property,the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to 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, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. may be anted without detriment to the public good and without nullifying or i Y gr derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland 5 resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicant's building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, JOHN CARROLL, By his attorney, Howard P. —ei&ABBO#474380 Davis,Mahn&D'Agostine,P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: November 14, 2007 6 459606v.1 )AMES P:CLMY H1& JosEPH A Clam,PC- A�ATL BK 9853 P 14 345 M� 571'MAIN PO.BOX 730 HnVtxmiu,MA 01831.1303 I, Helen J. St. Cyr, being unmarried, of Methuen, Essex County, lVtass:lchtuetts For less than Ota~Hundred and 001100($100.00)Dollars Co ndtl d i 1Pg1d Grant to Helen J. St. Cyr, Trustee of the St. Cyr Family Trust, under Declaration of Trust dated September 1, 2005, having an address of 71h Beverly Street, Methuen, Massachusetts 01844 WITH QUITCLAIM COVENANTS - The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Street, North Andover, Massachusetts 01845, bounded and described as follows: Begimting at a stake and. stones on the northerly corner bear a stone bridge back of the barn now or formerly of Mr. Abijal Hiller; thence J SOUTHWESTERLY by the road as the fence stands 26 poles to a stake and -st at the southeasterly corer by the Salaam Road; thence WESTERLY and Fia NORTHERLY by said road as the feriae now stands 39 poles to a stake and s :r formerly of Pluneas Foster land; thence u►,� EASTERLY by lad now or formerly of said Foster land as the fence shmda ole Mt the first bound. > Containing four aches and forty poles more or less. Being the same premises conveyed to me by deed of my late Husband, Gerard C. St. Cyr and myse dated October 13, 1965 and recorded with Essex North District Registry of Deeds,Book 1046, Page 8 ".. NO TITLE EXAMINATION REQUESTF.II. tg► VMNF.SS my had and seal this 13*day of October, 2005. &I-dw � 4w Helen 7. St 9053 PG 150 COMMONWEALTH OF MASSACHUSETTS Essex,ss. On this 13a' day of October, 2005, before me, the undersigned Notary Public, personally appeared the above-named Helen J.St.Cyr proved to me by satisfactory evidence of ideniftcation,being (check whichever applies): [] driver's license or other state or federal gave amental document bearing a photographic image, [ ] oath or affirmation of a credible witness known to we who knows the above signatory, or K my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as her flee act and deed, voluntarily for its stated purpose. � r dosEm&CLEAW y c: Joseph A. Cleary NWAWPMC co�+o ►u.�o��+aMss�&SA. rrs Y XP Commission Expires:November 12,2005 NP,cam Fxpk a Nae 1a.aces Qualified in the Commonwealth of Massachusetts "I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #65 PARCEL #15; STREET ON DESIGN OF THE PLANS IS IN COMPLIANCE WITH THE SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER PURPOSE OF THE SUBDIVISION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN J. ST. CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN Sq( AND THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE BLUE RIDGE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS DATE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND ROAD OF THE COMMONWEALTH OF MASSACHUSETTS. ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 3. REFERENCE PLANS: F E.N,D.R.D. PL. 13603 SITE 2/6/07 E.N,D.R.D. PL. 13990 1965 COUNTY LAYOUT LOCUS STEPHEN E. L.S. DATE 4. SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25.000 S.F. LAND 1 -1'000 "THE PLANNING BOARD'S ENDORSEMENT OF THE PIAN AS FOR REGISTRY USE NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. LAW IS NOT A DETERMINATION AS TO CONFORMANCE WITH THE 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS." JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V.D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER. 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND Q BCW BITUMINOUS CONCRETE WALK � CMP CORRUGATED META:_ PIPE PD pEW ` RCP REINFORCED CONCRETE PIPE COMp,NO BIT. CONC. BITUMINOUS CONCRETE NEW EN�ANO Cpl FNT W F. WOOD cc NFRAME CRFTE 4,y1, W.F.D. WOOD FRAME DWELLING \ DHR.O.W. RIGHT OF WAY FND N/F NOW OR FORMERLY 4 D RF 9 RIVERFRONT FLAG ---- xr,e WF 8A WETLAND FLAG S 1y( EDGE OF RIVERFRONT nr9 3 2 " EDGE OF WETLAND fl STONE WALL WOOD.STOCKADE FENCE vao�4 _., n STEEL GUARD RAIL r`.r, �` Q ss DH OOH DRILL HOLE ar FND O IP IRON PIN O SS DH STONE BOUND DRILL HOLE Q EC SS ESSEX COUNTY STONE BOUND G. 139.14 3� a 10 - p2 O O F LOT R15-1 /). �r,o ;�N/LO L�i5-2 3 m AREA-122,773 S.F. i` AREA=25,000 S.F. 0 i, = 19IW SB DH r� =2.8184 AC. 0.5739 AC.. /� `� FNDDH n Nh /W7 / o 0 4• 3;4 c/ O SB DH INA FND / =° •s sn �Q�/ �` EC SB — -.� ,sa i Ory<'i mJ 5��•�4 A• RI`1E i -._... .. D i V F" _ . _ _ , �� P� L PLAN OF LAND \..._.,- � ar .. i '� BARN t FRON. !�"/g 511 W IN c rr j NORTH ANDD VER, MASSACHUSETTS R<7> AL FRONT ` / Zp.52 i ` "' TOTAL 1 5 PR19PAMM MR S,pD. A8 xr, ,r a W1DTN L=at .05 VAR��UNtr YOU) IiELF•N J. ST. CYR Bl T. C g65 NSB 7 i w PA�EMEIVr STEEL GUARDRAk GDMER71EMN. MASSACHUSE77S S-A EDAM Nr7VEMEER 24, 2008 R&T..: FEBRUARY B, 2007 SCALK Il-40' 0' 20' 40' 80' 120' I ][ERRMACK ENGINEERING SERVICES 66 PARS STBEET ANDOVER WSSACHWAM 01610 NOTES APPLETON .,. 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #65 PARCEL #15; STREET SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER OF RECORD IS HELEN J. ST. CYR 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN BLUE RIDGE JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND �� S ROAD ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 �Q TRFFT 3. REFERENCE PLANS: E.N.D.R.D. PL. 13603 �J� SITE E.N.D.R.D. PL. 10883 1965 COUNTY LAYOUT LOCUS 4, SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1"=1,000' AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. 5, SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V.D. 6, LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED 18TH MUNICIPAL SANITARY SEWER., 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND 0 � BCW BITUMINOUS CONCRETE WALK CMP CORRUGATED METAL PIPE PoR N Lr RCP REINFORCED CONCRETE PIPE c A CtgkD ` BIT. CONC. BITUMINOUS CONCRETE kEro ENcj IV eq ME it CC CEMENT CONCRETE W.F. WOOD FRAME ` POw£R co4P4Ny W.F.D. WOOD FRAME DWELLING ` DHR.O.W. RIGHT OF WAY FND N/F NOW OR FORMERLY RF 9 RIVERFRONT FLAG ✓ t w. e LD WF 8A WETLAND FLAG 5g,53, /a EDGE OF RIY'ERFRONT r EDGE OF WETLAND zo : dF, I o/C7 0 oocxK=> STONE WALL -13-0-- WOOD STOCKADE FVNCE IDH , n STEEL GUARD RAIL DH DRILL HOLE DH SB ®IP IRON PIN / O SB DH STONE BOUND DRILL HOLE EIEC SB ESSEX COUNTY STONE BOUND a 139.14' 3� iL LOT V A _ 015-1 AREA-122.773 SF. AREA=25.000.S.F. = w. y. W / 0.5739.AC. �� SB OHLL" =2.8184 ac: i � �N FN 1 DH EXISTING ae RR BUILOMG N7yy 84 '� // .Nk AfOVED I ` ,�D 20 SIDING W. oY g Z FND H 9 i REMO ee EC SB N>0 G � 5p4 PRELIMINARY ,SITE PLAN TOTAL 0 t0 1 FRO �S'8 4511 W 'T 'D E � TOT Rs»�� FRONTgCEr_509.2g• "`z f 1 , 5 l` NORTH "DOVER, MASSACHUSETTS _ L=41/4.05. NpR1p8LE WSlYOUI/ll Z( PREPARED FOR �BrT CONC PAVCME 1 STEEL GUARDR 965 COUN EDS - JOAN CAMWLL NTj J !► L E W 1501 MAIN STREET-UMf if15 7TrWSBURY, M45SACRUSM7S 01876 DATE" FEBRUARY 9, 2007 f SCAM 1"=40' o' 20' 40' 80" r20' JDMRWACK ENGINEERING SERVICES 68 PARK STREET ANDOWZ YAS27ACMM75 01810 f Mp^7N p <" '•ANO a?r a�, •. a.'s pL F � x CHU�`� TOWN OF NORTH ANDOVER VARIANCE`£' OF F� ZONING BOARD OF APPEALS 20070V (b M, , NAME: ' ADDRESS OF APPEAL: °i oIA Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO That are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication'. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in hislher behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney, in the absence of Boars!of Appeals for a Variance. All information as any appearance without due cause on.behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required pian information as After the hearing,a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN UST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at copies of ali the required information to the Town Clerk's the Essex County,North Registry of Deeds, 384 Office to be certified by the Town Cleric with the time Merrimack St. Suite#304, Lawrence MA, D1843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Cleric's Office,and the 10 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978.688-9533 Office of Community Dev.&Services North Andover Town Hail 1600 Osgood St., Bldg. 20,Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Cleric's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items t =10 below. I. Petitioner: *Name, *Address and telephone number: John Carroll C/o Howard P. Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108, 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2 Beverly Street, Methuen, MA 01844 Anne Marie H. Johnston, under durable power of attorney; 978-994--3990 Years Owned Land: 42 3. Location of Property: a. Street: 810-812 Salem Street Zoning District: R3 1 b. Assessors: Map number: 65 Lot Number: 15-2 c. Registry of Deeds: Book Number: 1046 Page Number: 89 II 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7. 1. 1 ; Table 2 (Contiguous Building Area) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: In the alternative (see related application for Finding) this application seeks a variance from the Contiguous Buildable Area (CBA) provisions of Section 7 . 1 .1 and Table 2 of the Bylaws See attached memorandum The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 8 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: indicate the dimension(a)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.00BA N/A N/A % N/A N/A N/A N/A N/A N/A B. % Page 3 of 4 f NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E i 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear i 25 , 000 N/A N/A N/A N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear f 25 , 000 N/A N/A N/A N/A N/A N/A N/A N/A f 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25 , 000* N/A N/A N/A N/A N/A N/A N/A N/A *Required CBA is 750 of required lot area, or 18,750 sq. ft. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 1769 2 . 5 25± 2670 Dwelling 2 *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" 2058_ 2 . 5 25± 3171 Dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: is Type above name(s) here: John Carroll PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. "Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11*x1 T,preferred scale of 1"--401 detail all fads relied upon. When requesting a Variance In One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch. 40A,Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date. the North Andover Zoning Bylaws, all dimensional Tin Plan shall be prepared, stamped and certified by requirements shall be dearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. "Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300'radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties ; financial or otherwise,which results from literal within 50'from applicants proposed stnuiture enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Proojeets Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(`). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan.' Plans 11. APPLICATION FILING FEES 1 must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:'Town of Nath Andover for prior to the public hearing before the Zoning Board of the cost of first class,certified, return receipt($5.21 as appeals. of May 2007)x#of all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal A set of building elevation plans by a Registered notice check. Also,the applicant shall supply first class Architect may be required when the application postage stamps(currently 41¢)x the#of parties of involves new construction/conversion/and/or a interest on the abutter's list for the decision mailing. proposed change in use. 11. B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1'x2-518"(3 copies 10. A. Major Projects for the Legal, and one copy for the Decision mailing). Major projects are those,which involve one of the 11. C. Applicant shall provide a check or money order following whether existing or proposed: to: "Town of North Andover°per 2005 Revised Fee 1)five (5)or more parking spaces, Schedule. lQ)three(3) or more dwelling units, IM 2,000 square feet of building area. Po- ce A Varianonce granted by the ZBA will lapse in 1 (one)year if not exercised and a new petition must Major Projects shall require,that in addition to the 10B& be submitted.4 10C features,that the plans show detailed utilities,soils, and topographic information. %an,M Zoning Bylaw Review Form i�"�•'' Town Of North Andover Building Department fi 1600 Osgood Street, Building 20, Suite 2-36 North,Andover, MA.01845 Phone 978.688.9545 Fox 978-668.! Street: 810-812 Salam 30* .tot 15-2 Me ti.ot: 66115-2 A lleant: ort Carroll Re uost: New sln8ledamlly dwelling after razingex sting dwelling. Dana: 10.28.07 Plesae be advised that after review of your Application and Plans that your Appiketlon Is DENIED for the foliowing Zoning Bylaw roasom: Zohin District: R-3 item Notes Item Notes A Lot Area F Frontage 1 Lot area In9trfticlent 1 Fronts s Insufficient 2 Lot Area PreexItting 3 Frontage Complies X 3 Lot Area Complies X 3 Prea)dsyng frontsRe 4 Insuffictont Information 4 Insufficient Information B Use 5 No-access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 hsuMclent Area X 3 Use Preexleling 3 Complies. 4 • Special Permit Required 3 Preoxistina CBA 5 insufflclemt Information 4 Insufficient Information C Setback W Building Height 1 All setbacks com 1 X 1 Hel nt Exceeds Maximum 2 Front insufficient 2 Complies X 3 Left Side Insufficient 3 Preexist! ei ht 4 Right Side insufficient 4 Insufficient Information 5 Rear insufficient I Building Coverage 6 Preexiating setbacks 1 Coverage exceeds maximum 7 Inauff icient Information Z Coverage Complies X C Watershed 3 Coverage Preexisting 1 Not In Watershed X 4 Insufficient Information 2 In Watershed Sign 3 Lot prior to 10/24/94 1 Slqn not allowed 4 Zona to be Determined 2 Sign Compiles 5•_ insufficient Information 3 Insu(tic ent Information E Historic District K parking 1 in District review required 1 More Psrking Required 2 1 Not in district X rl ParkiqA Compiles X 3 1 Insufficient informatlan 000ZINIV<Ail 1d30 oNicitna uaieslu,woQ I�Iei M a11Q io NeWN q WON sure Pu uoz . X �., 411"H �ol � f a/: 4b J100 004to fIGHL�n r ^• � teview Narrad%m owing n,airative Is provided to further explain•the reasons for denial for the building permit xoporry indicated on the reverse side: �8 : F�i'� ', 1C rs• y. •u ! h �•r,� rr1;,•;Fy.�•:a' N�Ir ,,SSrf 'lits Ij �;�jai r 1 N �•lfl, S. , . r A Variance from the North Andover,Zoning Board of Appeals is required frorn: ."7.1.1 Contiguous Sulldable Area(COA) As of April 28. 1966,the arcA of any new lot crated,occlusive of area in a street or recbrdcd way opea to public ufle,At,tcast severity five(?S)percvat of the minimum.lest area required for zoning shall be contiguous land other than land located within a tine identified as wetland resource areas in accordance wlth,thc Wctlands.Protection Act,Maxachusetts Generai Uwp,Chapter 13.1,Section 40 and the Town of.luorth Andow W Aland Protection Bylaw,Chapter I78 of the Code of NW_' Alidover.'Ttie proposed strucWM must be eonstrvcted on said dc4p ated contiguous land area"of the Zoning Bylaw for relief from the 200 foot riverfm.nt=one of Mosquito Brook in order to construct a single family dwelling on less than 75% CBA.. TOWN OF NORTH ANDOVER ESSEX, SS. ZONING BOARD OF APPEALS APPEAL OF JOHN CARROLL FOR APPELLANT'S MEMORANDUM IN FINDING AND IN THE SUPPORT OF APPEAL FOR FINDING ALTERNATIVE FOR A VARIANCE ANIS IN THE ALTERNATIVE FOR A RE: 810-812 SALEM STREET,LOTS VARIANCE 15-1, 15-2 John Carroll, (the"appellant")who is the purchaser of the property at 810-812 Salem Street,pursuant to a purchase and sale agreement with the present owner, Helen St. Cyr, appeals from a decision of the building commissioner denying applications for building permits for two single family homes to be constructed on this subdivided property. In the alternative,the appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn. Earlier this year,the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots,known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been designated as "Riverfront Area"under the Riverfront Act,making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw,on the basis of their proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of"wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However,because the CBA requirements,making"wetland resource areas" subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of"wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200-foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the b Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was si 2 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of"adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6th ed., updated October 2006). "[Where a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter,we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. 4 designated as "Riverfront Area"under the Riverfront Act,making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However,because the CBA requirements,making"wetland resource areas"subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of"wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986,the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200-foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was 2 adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200-foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiff's cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. 3 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of"adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6th ed., updated October 2006). "[W]here a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter,we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their it proximity to Mosquito Brook. 4 ALTERNATIVELY, VARIANCES SHOULD BE GRANTED Alternatively, the applicant has requested the grant of variances for each of the two lots from the provisions of Section 7.1.1 of the Bylaw,which imposes the CBA requirements. If the CBA is applicable to the property,the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to 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, a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. Relief may be granted without detriment to the public good and without nullifying or derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland 5 resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicant's building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, JOHN CARROLL, By his attorney, Howard P. *e-iKer7BBO#474380 Davis,Maim&D'Agostine,P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: November 14, 2007 6 459606v.1 . AWARY,M ATrORNM A7 LAW 9853 PG 149 345 MAIN SntW EO.Box 730 HAMMIU-MA41B31,M 1, Helen J. St. Cyr, being unmarrkd,of Meft=4 Essex County,MassaG� For less than One Hundwd and MOD($10U.00 Dollars 1t11rad Pahl Grant to Helen J. St. Cyr, Tni tee of the St. Cyr Family Trust,wider Declaration,of Trust dated September 1, 2005, having an address of 7 Ih Beverly Street, Methuen, Massadwsetts 01844 RRTH QITITCLAIM COVENANTS The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Street, North Andover, Massaclwsetts 41845, bounded and described as follows: Beginning at a stake and stoma on the northerly corner neat•a stone bridge back of the barn now or formerly of Mr. Abijal Fuller; thence SOUTHWESTERLY by the road as the *nee stands 26 poles to a stake and 'st ls at the southeasterly corner by the Salem Road; thence WESTERLY and NORTHERLY by said road as the fence now stands 39 poles to a stake and stozNod formerly of Mneas Foster land; thence P EASTERLY by land now or formerly of said Foster land as the fence stands aAole& the fust bound. Containing four acres and forty poles more or less. Being the same premises conveyed to me by deed of, my late husband, Gerard C. St. Cyr and Mysem dated October 13, 1+965 and recorded with Essex North District Registry of Deeds,Book 1445,Page , INO TITLE EXAMINATION REQUEST. c� WITNESS my hand and seal this 1311 day of October, 2005. Helen J. St yr BK 9853 PG 150 COMMONWEALTH OF MASSACHUSIa"TS Essex,ss. On this 13" day of October, 2005, before me, the un&nigned Notary Public, personally appy the above-named Helen J.St.Cyr proved to me by sdisWory evidence of identification,being (check whichever applies): []driver's license or other state or federal governmental document bearing a photographic image, [ ] oath or affirmation of a credible witness known to me who knows the above signatory, or Kmy own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as her free act and deed; voluntarily for its stated purpose. JasEpm A.CLF.ARY c: Joseph A. Cleary NWAW errs y Commission Expires:November 12,2005 M,cam Evhs Mrs.12.W. Qualified in the Commonwealth of Massachusetts "I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES APPLETON IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #'65 PARCEL #15; STREET DESIGN OF THE PLANS IS IN COMPLIANCE WTH THE SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER PURPOSE OF THE SUBDIVISION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN J. ST. CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, DS 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN Sq AND THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE JULY NDS THE PROPERTY LINES, BUILDING AND WETLAND RESOURCE BLUE RIDGE RULES AND REGULATIONS OF THE REGISTRY DEEDS DATE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND ROAD OF THE COMMONWEALTH OF MASSACHUSETTS.. ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 SrRFF 3. REFERENCE PLANS: F� T E.N.D.R.D. PL. 13603 �J� SITE 883 2/6/07 E.N.D.R.D. PL. 103990 STEPHEN E. .L.S. DATE 1965 COUNTY LAYOUT LOCUS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL 4. SITE ZONE DISTRICT: R3 REQUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1"=1,000' FOR REGISTRY USE THE PLANNING BOARD'S ENDORSEMENT OF THE PLAN AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. LAW IS NOT A DETERMINATION AS TO CONFORMANCE WITH THE 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS." JUNE 2, 1993 ZONE AE & X. 100 YEAR FLOOD ELEVATION-141.5 N.G.V.D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED 'AM MUNICIPAL SANITARY SEWER. 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND Q BCW BITUMINOUS CONCRETE WALK � CMP CORRUGATED METAL PIPE p NE �' CC RCP REINFORCED CONCRETE PIPE oµ Comp NaYAND ` BIT. CONC. BITUMINOUS CONCRETE AflW OV0,4" EA stmST cc CEMENT FRAME RETE oYWOOD CM?A" W.F.D. WOOD FRAME DWELLING DH R.O.W. RIGHT OF WAY >FNO S> N/F NOW OR FORMERLY s RF 9 RIVERFRONT FLAG s,e 0 WF 8A WETLAND FLAG EDGE OF RIVERFRONT 2 " EDGE OF WETLAND W2 -11- / z'O. C,7 0 STONE WALL WOOD STOCKADE FENCE FN FNDy Q n n STEEL GUARD RAIL OO S8DH DH DRILL HOLE �o' ere • » �� FND O IP IRON PIN 17 SB DH STONE BOUND DRILL HOLE !/ ✓ ` 0 EC SB ESSEX COUNTY STONE BOUND co qpl LOT 15-1 /)'•� s,U N�IOT ,Mt5-2 C3 3 m AREA-122,773 S.F. '% AREA-25,000 S:F. W n is =0.5739 AC. W SB ON Go 2.8164 AG FNO 4 1 'RfR,aS DH fND _J p �t 1n /"'zi N7294gf / �/ C,T Q~� �MZ FNp H 445- EC 58 -•.--— — _ a O '� URNE FN _ ---- ....---- ct PLAN OF' LAND N�p'��. __—..._�_-• -, :��I' .. ,i / gARN g Tb•p4 1N FRON 4' t1 E T NORTH ANDOVER R47j. TOTAL Fn w, ,maw " 1 / / 20.52 j --5104` C , MASSACHUSETTS 500• =509.28' .,A PRKPA0W FIVR � � LE WtOTH sn L=414.05 "AR�ou1+TY �`vouT HELEN J. ST. CYR CSC £NF 51'EEl G'Ua---/Q/��I1_ \e955 r"DEc� J 1 �Awmy KM — DAM NOVEMBER 24, 2006 RSI..: F7:WUARY 6, 2007 -�- SCAL& 1-40' 0' 20' 40' 80' 12V 110MRWACK ENGINEERING SERVICES 66 PARK S22UW ANDOVER JL4SSACfiWM S 01610 NOTES APPLETON 1. SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #65 PARCEL #15; STREET SEE DEED BOOK #1046 PAGE #89 E.N.D.R.D. FOR THIS SITE. OWNER OF RECORD IS HELEN J. ST. CYR 2. WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES, INC. IN S�(F JULY 2006. THE PROPERTY LINES, BUILDING AND WETLAND/RESOURCE BLUE RIDGE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND ��• S ROAD ENGINEERING AND ENVIRONMENTAL SERVICES, LLC. DATED SEPTEMBER 7, 2006 �Q TRFFT 3. REFERENCE PLANS: E.N.D.R.D. PL. 13603 �JSITE E.N.D.R.D. PL. 10883 E.N.D.R.D. PL. 13990 LOCUS 1965 COUNTY LAYOUT 4, SITE ZONE DISTRICT: R3 REOUIRES 125' FRONTAGE AND 25,000 S.F. LAND 1p=1.000' AREA PER LOT, AND SETBACKS OF 30' FRONT, 20' SIDE, AND 30' REAR. 5. SITE IS SHOWN ON FEMA COMMUNITY PANEL NO. 250098 0007 C DATED JUNE 2, 1993 ZONE AE & X, 100 YEAR FLOOD ELEVATION=141.5 N.G.V-D. 6. LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER. 7. THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND 0 � BCW BITUMINOUS.CONCRETE WALK ~ � CMP CORRUGATED METAL PIPE pO New 4 RCP REINFORCED CONCRETE PIPE A GLAND \` BIT. CONC. BITUMINOUS CONCRETE Nay fNqaND N,,- fA En,r CC CEMENT CONCRETE W.F. WOOD FRAME ` ap R Co4px/v W.F.D. WOOD FRAME DWELLING ` OND R-O.W. RIGHT OF WAY S73 N/F NOW OR FORMERLY 24- D RF 9 RIVERFRONT FLAG �✓ ` ---- a ,o WF 8A WETLAND FLAG s9.8 W EDGE OF RIVERFRONT EDGE OF WETLAND 0 o 000co STONE WALL WOOD STOCKADE FENCE STEEL GUARD RAIL h' 4 m' /a SB ON OO DH DRILL HOLE FND 0 IP IRON PIN 0 SB DH STONE BOUND DRILL HOLE 0 EC SB ESSEX COUNTY STONE BOUND a areN8T11, 139.14 r 3� L•1' t r' -`9 Z LOT5-t5-2 ,fit AREA=122.7713 S.F. � AREA=25,000 S.F. /� -2.8184 AC. // =0.5739 AC. W SB ON - a w�m FND g _ f vd 9. / � • J�C,�� O M // DHm 4=NO J. co EXISTING BUI BEND N19. REMOVED 7 = ,�n, 20 BONDING E W:F 1 ORS 8 20 FBNODN J REMOVED o EC SO P,ZELIMINARY SITE PLAN G 45.11 >E F 4O� yg78' W � ?� 4 5 S R E NORTH ANDOVER, MASSACHUSETTS Ra7js.�70T.4L �RpN7pGE=:509.28' L=4 405 r ` NAR1A84E M�L OU) //\(/g jy PREPARED F10R CB�r GONG.pq MFN7 STEEL GUARDR `,' / 65 COuµ EC SO dUllf� ClllRliV� 1501 MAIN STREET—UMT J15 / 7ZWrXSBURY• MASSACHUSETTS 01878 DATE FEBRUARY 9. 2007 s s SCALE 1=40' V 20' 40' 80' 120' MEM MACK ENGINEERING SERVICES 58 PARK STREET ANDOVAR MASSACHUSETTS 01810 Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS 8% 1 '7'-C-CEIVED Albert 11.Maui 11L Esq. Chairman Ellen P.MQ1110,TC., Vice-Chairman V%0R*rjj Richard Jr.13-vers,Esq. Clerk 2001 NOV 14 PH 2: D 50 Joseph ,LaGrasse 0 David R.Webster E. Associate,11embers il— 0 t Thomas D,Ippolito Richard M. Vaillancourt MASSAG Daniel S. Braese,Esq, �SS^CHU MEETING SCHEDULE-2008-ZONING BOARD OF APPEALS MEETING LEGAL LEGAL UPCOMING DATE, APPLICATION NOTICE NOTICE MEETING TIME, & DEADLINE DEADLINE PUBLICATION DOCUMENTS LOCATION DATES DEADLINE 2 d. Tuesday Thursday Wednesday Monday 7:30 Town Hall 12:00 NOON By 5:OOPM Mondays By 4:30 PM 120 Main Street Top Moor Meeting 1600 Osgood Street At the Eagle-Tribune 1600 Osgood Street Room Senior Center December 13,2007 December 19,2007 Dec.24&Dec.31, Tuesday Jan.4, 12R Main Street 2007 2008 January 8,2008 February 12,2008 January 10 Jan""16 Jan.21&Jan.28 February 4 March 11,2008 February 14 February 20 Feb.25&Mar.3 March 3 April 8,2008 March 13 March 19 Mar.24&Mar.31 March 31 May 13,2008 April 10 April 16 April 21&April 28 May 5 June 10,2008 may is May 21 May 26&June 2 June 2 August 12,2008 July 10 July 16 July 21&July 28 August 4 September 9,2008 August 14 August 20 Aug.25&Sept. I September 1 October 14,2008 September 11 September 17 Sept.22&Sept.29 October 6 Thursday October 16 October 22 Oct.27&Nov.3 November 3 Nov. 13,2008 December 9,2008 November 13 November 19 Nov.24&Dec.1 December 1 January 13,2009 December 11,2008 December 17,2008 Dec.22&29,2008 January 5,2009 Please note,the regular meetings of the Zoning Board of Appeal's are held at the Town Hall top floor meeting room, 120 Main Street,North Andover. However,due to the possible unavailability of the Town Hall meeting room,regular and Special Meetings may be scheduled at another location. Please check the Web or the Zoning Board Secretary,at 978- 688-9541 or fax 978-688-9542,if you have any questions. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978-688-9541 Fax 978-688-9542 Web www,towuofaorthandover.com 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not John Carroll use the return a.First Name b.Last Name c.Company key. 1501 Main Street, Unit-15 d.Mailing Address Q Tewksbury MA. 01876 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Helen St. Cyr a.First Name b. Last Name c.Company 812 Salem Street d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 5. Project Location: 812 Salem Street North Andover a.Street Address b.City/Town Map 65 Parcel 15 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42-40'-48" 71-07-17" electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a. County b.Certificate(if registered land) 1046 89 c. Book d.Pa e It 3/30/07 tr a/07 7. Dates: a.Date Notice of Intent Filed b.Date P`UbIlAilearing Closed c.Dat of issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Plan a. Plan Title ° Merrimack Engineering Services, Inc. Vladimir L. Nemchenok, P. E., Stephen E. b. Prepared By Stapinski, P. L. S. see- I 20:7 1"=20' d. Final Revis/on Date e.Scale tC T" Ma. IO f.Additional QkIn or Document Title g.Date'(re-ur"s $3528.00 $775.00 $2,753.00 9. Total WPA Fee Paid: a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. 0 Storm Damage Prevention i. ® Flood Control 2. 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. 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. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a,square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doe• rev.3/1/05 Page 2 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ RlVerfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d,c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b:cu.yd dredged 20. F1 Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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 242-1392 " wpaform5.doc• rev.3/1/05 Page 4 of 9 L7) ] Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands g p Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? [Z Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 p Y additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE # 242 -1392 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced 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 conditions shall control. 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 8.3)(p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\242-1392\812SalemSt.doc 1 NACC 7/2/2007 DEP FILE # 242 -1392 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. This Order is issued under File No. 242-1392. 26. 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. 27. 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. 28. The proposed work includes: Razing of an existing house and barn in order to construct two single-family homes with associated appurtenances, decks, driveways, roof drain drywells and grading activities within the buffer zone to a BVW and within Riverfront area of Mosquito Brook. The 100-yr flood plain associated with the brook is also located on the site at elevation 141.5. No work is proposed within the floodplain. 29. The work shall conform to the following: Notice of Intent filed by: John Carroll (Applicant) 1501 Main Street Tewksbury,MA 01876 Dated March 30,2007 (Appendix B includes the Alternatives Analysis required under the regulations for work within Riverfront Areas) Prepared by: Merrimack Engineering Services,Inc. (Representative) 66 Park Street Andover,MA 01810 Site Plans prepared by: Merrimack Engineering Services,Inc. 66 Park Street Andover, MA 01810 Entitled "Site Development Plan"consisting of sheets 1 &2, dated March 2,2007,last revised June 14,2007 and "Existing Conditions Plan", dated April 26,2007,last revised May 10,2007. Stamped & Signed by Stephen E. Stapinski,R.P.L.S. Other Record Documents: Wetland Delineation Review Letter from Seekamp Environmental Consulting,Inc. dated May 8,2007; C:\Winword\OOC\242-1392\812SalemSt.doc 2 NACC 7/2/2007 DEP FILE #242 -1392 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Riverfront Area. 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 overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. 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 twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the BVW and a 100-foot (100') No-Disturbance Zone shall be established from Mosquito Brook except in those locations as shown on the approved plan referenced herein (specifically for the installation of the Post and Rail fence, a small portion of the driveway, for the minimal change in grade and for a 1x per year annual mowing of the BVW as further described herein on Lot #15-1). 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 (See Section 3.4 &Appendix F of the local Regulations). The established No-Disturbance Zones shall be enforced in perpetuity in accordance with the provisions and performance standards set forth in section 3.3 and 3.4 of the North Andover Wetlands Protection Bylaw and section 10.58 the Riverfront Regulations of the Wetlands Protection Act. 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, any and all the above stated parties and the applicant 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. C:\Winword\OOC\242-1392\812SalemSt.doc 3 NACC 7/2/2007 DEP FILE #242 -1392 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 --- I - -- iml 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 "Massachusetts DEP,File Number 242-1392." 39. Prior to the construction of the single-family home on Lot #15-1, the applicant shall stake, by professional survey, the foundation corners of the home and associated deck and driveway for review and approval by the NACC or agent thereof. 40. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. C:\Winword\OOC\?42-1392\812SalemSt.doc 4 NACC 7/2/2007 DEP FILE #242 -1392 41. 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. 42. Prior to any work commencing on site,the applicant shall submit to the NACC for approval, a detailed sequence of construction,including a dated timetable of construction, the construction of compensation and retention areas,installation of sedimentation/erosion control devices and revegetation. 43. Prior to any work commencing on the site,the applicant shall permanently mark the edge of the No-Disturbance Zone along the post and rail fence with nine (9) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 44. 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 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. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the 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 theplan(s) referenced in this Order of Conditions. Should q such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. C:\Winword\OOC\242-1392\812SalemSt.doe 5 NACC 7/2/2007 DEP FILE #242 -1392 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 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. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. 47. A check payable to the Town of North Andover shall be provided in the amount of $8,000 shall be provided to the Town of North Andover, 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 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. 48. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 49. The applicant shall designate a Qualified 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. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop 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. 50. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report to the NACC certifying that, to the best of his/her knowledge and belief 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. C:\Winword\OOC\242-1392\812SalemSt.doc 6 NACC 7/2/2007 DEP FILE # 242 -1392 51. 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 "Compliance Certification Form" Affidavit (attached herein) 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. 52. 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, the 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. 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). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management systems shall be conducted in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent and as approved by the NACC in this Order of Conditions. 54. All proposed drainage structures shall be properly installed and functional. During construction, all drainage structures shall be properly maintained. 55. 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. 56. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into P J p P wetlands or water bodies from discharge pipes or surface runoff leaving the site. C:\Winword\OOC\242-1392\812SalemSt.doc 7 NACC 7/2/2007 DEP FILE # 242 -1392 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 58. IMPORTANT: Immediately upon completion of the dwelling foundations, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation locations and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 59. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 60. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 61. Upon beginning work, the applicant shall submit written progress reports every week 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. 62. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's are adequately functioning. 63. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. 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. I� C:\Winword\OOC\242-1392\812SalemSt.doc 8 NACC 7/2/2007 DEP FILE # 242 -1392 64. 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. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 66. 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. 67. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 68. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 71. 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 72. 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. C:\Winword\OOC\242-1392\812SalemSt.doc 9 NACC 7/2/2007 DEP FILE # 242 -1392 73. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or within the Riverfront 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 Towri s Wetland Protection ByLaw and shall remain in perpetuity. 74. There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland or water body or within 25' of the wetland or water body. This condition shall survive the expiration of this Order and shall be included as a continuing condition in perpetuity. 75. The applicant has proposed a snow stockpiling area to the southeast of the proposed driveway to the front of Salem Street to ensure that snow will not be stockpiled to the rear of the driveway within the more sensitive locations of the resource areas (100' riverfront inner riparian zone). The NACC finds that this stockpiling location is not realistic for the site and/or for the proposed layout of the lot. In order to ensure that no snow will be stockpiled at the end of the driveway, the NACC hereby prohibits such snow stockpiling beyond the proposed driveway and within the limits of the 100' inner riparian zone of the Riverfront area as specified on the approved plans referenced herein. This condition shall remain in perpetuity of this Order. 76. Upon completion of work, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" with signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area" (available at the Conservation Department). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 77. 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. 78. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 79. 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. C:\Winword\OOC\242-1392\812SalemSt.doe 10 NACC 7/2/2007 DEP FILE # 242 -1392 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. h. A written statement from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on 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 and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "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 anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1392\812SalemSt.doc 11 NACC 7/2/2007 DEP FILE #242 -1392 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVW) resource area and a 100' No-Disturbance Zone shall be established from Mosquito Brook except in those locations approved under this filing. Future work within 100' of existing resource areas or within 200' of existing riverfront 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# 32); ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition#57); ➢ Discharge or spillage of pollutants (Condition#71); ➢ Prohibition of underground fuels (Condition#72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #73). ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#74) ➢ Prohibition and Limitations on snow stockpiling (Condition#75) C:\Winword\OOC\242-1392\812SalemSt.doc 12 NACC 7/2/2007 DEP FILE # 242 -1392 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized 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. &/or 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 1 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 19 (Signature-authorized agent of applicant or owner) C:\Winword\OOC\242-1392\812SalemSt.doc 13 NACC 7/2/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special _ ;� 6/07 condition pursuant to General Conditions#4, from the date of issuance. 1.Date off lssfuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number Signers The Order must be mailed by certified mail(return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically, and the prope different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North 0 7ULAe- fob? On this Day of Month Year Before me, the undersigned Notary Public, 5C'+ — Se- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE NOTARY PUBLIC Signature of Notary Public COMMONWEALTHOF MASSAGEUS ��h f^,y Comm.Expires Au "9 19 a=- Printed Name of Notary Public Place notary seal and/or any stamp above 17 0 00 My ComnAssioK Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on 2(by certified mail, return receipt requested,on 7A A7 Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. 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 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.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Ge 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 this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission 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: 242-1392 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.d0c• rev.3/1/05 Page 9 of 9 Helen J.'St.Cyr TCV'! ``..-R1- 'S 0FFICE E w: 7 %Beverly Street 2007 314 _2 PM 30- 01 Methuen,MA 01844 Town of North;Andover Manning Board Dear Folks, You currently have a request before you to subdivide my property at 8 10-8 12 Salem Street, in North AndoVer would you please extend the final decision on this until January 4,2007. Thank you. Helen J. St Cyr Ann Marie H.Johnston Durable power of attorney for Helen St Cyr 41 Goodale Street Haverhill,MA 01830 Cell phone contact#(978)994-3990 Gerald Jonston o)sgocxj Lasa€wli,; ` Town of hlorth Andover 1600 Osgood St. Bldg. 20, Suite 2-36 Planning Dept. )'north Andover,ISA 01845 R'E C E-i t f E 0 FORMA APPLICATION FOR APPROVAL NOT REQNM V 30 PH 1 13 DATE: [[,;�g�f�y��}}'�iqq"^`��,,'}}VV �t� [i(J(111I X on NORTH Sri. MASS I� ," J (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: �� ST„ t✓ Address:— �-�- 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: VA ,. �! ,�"2--Cf 0tE + 3.Deed Reference: Book 6r( Page or Certificate of Title: 4.Name of Surveyor: Q.A 04 WCL- &10 t- 1k (® $ Address: �Cc, PA Signature of Owner(s): Address:— „zL^ Please indicate the grounds (either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A., Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: (&)—a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: a CEI a � �a Eli 't- i9'; Y' _ ftr�e n- -t 2007 FEB -7 Ptl �: Town of North Andover '� " Planning Department artment 1600 Osgood Street PSA S S A E, ' North Andover,Massachusetts 01845 Phone: 978-688-9535 Fax: 978-688-9542 February 7, 2007 Helen J. St. Cyr 7 '/a Beverly Street Methuen, MA 01844 c/o Gerald Johnston Dear Mrs. St. Cyr, As you are aware,the Planning Department received a Form A plan on November 30, 2006 proposing lot line changes for property located at 812 Salem Street,North Andover, MA Parcel#65, Lot 15, and proposal Lots 15-1 & 15-2 located within the R-3 zoning district. The process will allow for the lots to be divided as follows. The plan of land proposes that Lot#15-1,with an area of approximately 122,773 s.f. and Lot#15-2 with an area of 25,000 s.f be divided. Reference Plan of Land for Helen J. St. Cyr by Merrimack Engineering Services, 66 Park Street, Andover,MA 01810. The plan is dated November 24, 2006&February 6,2007 by Stephen E. Stapinski, R.L.S. #29876. Your plan has been endorsed and approved. Sincerely, r"Lincoln Daley, Town PWner cc: Planning Board Engineer I� Page 13 RECEIVED 2007 FEB -6 All 10: dDAGOSTTNE PC. ATTORNEYS AT LAW NUfffl Ann M.Sobolewski MASSACIitU : i February 5, 2005 BY FEDEX Joyce Bradshaw, Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Re: Helen J. St. Cyr v. Planning Board of the Town of North Andover Dear Ms. Bradshaw: You are hereby notified pursuant to G.L. c. 41A, § 81BB, that an appeal of a decision of the North Andover Planning Board which was filed with the Town Clerk on January 18, 2007 denying an application for endorsement of a plan as "approval under the subdivision control law I not required"pursuant to the provisions of G.L. c. 41, § 8 1 P was filed on February 5, 2007 in the Land Court by Helen St. Cyr. A copy of the complaint is attached hereto. Please date stamp the enclosed duplicate copy of this letter and return it back to me in the enclosed self-addressed, stamped envelope. Thank you for your attention to this matter. Very tru urs, J Ann M. Sobolewski AMS/ew Enclosure cc: Client (w/o enclosures) 432038v.1 direct 617-589-3852 direct fax 617-305-3152 email asobolewski@davismahn.com ONE Bos ON Pi.AcE•BOSTON.MA.02108 617.367.2500 • fax 617.523.6215 www . d a v i s m a l m . c o m nrrE1VED -. COMMONWEALTH OF MASSACHUSETTS H!0: OZ NORFOLK, ss. 2007 FEB -6 A LAND COURT DEPARTMENT Tt 17i'14 C r MIS C. NO. Pd RTI tl MASSACV,_5 Lw HELEN J. ST. CYR, Plaintiff V. ALBERTO ANGLES, JR.,JOHN SIMONS, RICHARD NARDELLA, COMPLAINT JENNIFER KUSEK, and RICHARD ROWEN, as they are members of the PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, and LINCOLN DALEY, as he is TOWN PLANNER FOR THE TOWN OF NORTH ANDOVER, Defendants INTRODUCTION 1. This is an action pursuant to G.L. c. 41, § 81BB, appealing a decision of the Town of North Andover Planning Board denying an application for endorsement of a plan as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. PARTIES 2. Plaintiff Helen J. St-Cyr is the owner of and applicant for approval with respect to the property known as and located at 810-812 Salem Street, North Andover, Massachusetts. 3. Lincoln Daley is the Town Planner for the Town of North Andover with a business address at 1600 Osgood Street, North Andover, Massachusetts 01845. 4. The defendants, other than Lincoln Daley, are the members of the Planning Board of the Town of North Andover, with a business address at 1600 Osgood Street, North Andover, Massachusetts, and are authorized by the By-law to act on applications for Site Plan Review the"Board). 5. The defendant, Lincoln Daley is the Town Planner for the Town of North Andover and is the person designated by the Board to sign plans submitted pursuant to G.L. c. 41, § 81P. 6. The defendants have a usual place of business at 1600 Osgood Street, North Andover, Massachusetts 01845. FACTS 7. Helen J. St. Cyr is the owner of property located at 810-812 Salem Street, North Andover, Massachusetts (the"Property"). 8. The Property contains two buildings, a residence and a barn, both of which predate the adoption of the subdivision control law. 9. The Property consists of 147,773 square feet, or 3.392 acres, of land. 10. The Property has frontage on both Salem Street and Blue Ridge Road. 11. The Property is located in the Residence 3 Zoning District("Res 3"). 12. The North Andover Zoning Bylaw requires property located in the Res 3 zoning district to have at least 125 feet of frontage. 13. Salem Street and Blue Ridge Road are public ways within the Town of North Andover. 14. On November 30, 2006, the plaintiff applied to the Planning Board for endorsement of a plan dividing the Property into two lots, one containing the residence and one containing the barn, as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. 15. The purpose of the filing was to divide the Property into two lots as depicted on the Plan attached hereto as Exhibit A. 16. Both of the lots depicted on the plan have at least 125 feet of frontage on a public way. 17. The Planning Board has designated the Town Planner as its agent with respect to the 2 review and endorsement of "approval under the subdivision control law not required" plans pursuant to the provisions of G.L. c. 41, § 81P 18. The Planning Board, through the Town Planner, in a decision dated January 17, 2007, denied the application and determined that approval under the Subdivision Control Law is required. A true and accurate copy of the Board's decision is attached hereto as Exhibit B. 19. The basis for the Planning Board's decision was that the "Lots do not meet the requirements of 3.2.11 of the Town of North Andover Rules and Regulations and Section 7.1.1 Contiguous Buildable Area (CBA) of the Town of North Andover Zoning Bylaw for determining the minimum CBA required for a lot within the Residential 3 Zoning District (25,00 s.f minimum lot size)." 20. The decision of the Planning Board was filed with the Town of North Andover Town Clerk on January 18,2007. 21. The plaintiff is aggrieved by the Planning Board's decision. CLAIM FOR RELIEF G.L. C. 41, § 81BB APPEAL 22. The plaintiffs hereby repeat and incorporate by reference the allegations contained in paragraphs 1-21 as if fully set forth herein. 23. The plan submitted to the Planning Board does not depict the creation of any new lot without legal frontage. 24. G.L. c. 41, § 8 1 L provides that: the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision. 3 25. As proposed the Property was to be divided into two lots, each of which contain a building that predates the adoption of the subdivision control law. 26. The Planning Board's decision is arbitrary and capricious, is based on an error of law, is legally untenable and exceeds the Planning Board's authority. 27. Each of the lots shown on the plan submitted to the Board has more than the minimum frontage required by the North Andover Zoning Bylaw on an existing public way. WHEREFORE, the plaintiff requests that the Court grant the following relief- 1 elief1. Hear the evidence, rule that the Planning Board's decision exceeded its authority, and annul the decision of the Planning Board denying the endorsement pursuant to G. L. c. 41, §81P requested by the plaintiff; and 2. Such other relief as the Court deems just and proper. HELEN J. ST. CYR By their attorneys ward P. SpeicherBBO#474380 Ann M. Sobolewski/BBO#567876 DAVIS,MALM&D'AGOSTINE,P.C. _-One Boston Place Boston,MA 02108 (617) 367-2500 Dated: February 5, 2007 4 431975v.1 'I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES APPLETON IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED I.SEE TOWN OF NORTH ANDOVER ASSESSORS MAP 065 PARCEL/IS. STREET DESIGN OF THE PLANS IS IN COMPLIANCE WITH THE SEE DEED BOOK/10"6 PAGE i E.N.O.RD.FOR THIS STE OWNER PURPOSE OF THE SUWMSION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN A ST.CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, 2.WETLANDS FUOfiD BY NORSE ENVIRONMENTAL SERVICES,INC.IN AND THIS PLAN WAS PNS OF THIN ACCORDANCE DEEDS THE JULY 2008.THE PROPERTY LINES,BUILT AND WETLAND/REEDUl RULES TO REGULATIONS OF THE CHUSE T, DEEDS DATE AREA FUG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND BLUE RIDCf OF ONE COMMONWEALTH OF MASSACHUSETTS. 9) ROAD ENpNODBNG AND ENNRONYENTAL SERVICES,LLC.DATED SEPTEMBER),2008 J.REFERENCE PLANS: E.N.D.Ri PL 13803 SITE E.N.D.R.D.PL 10883 1 4/07 E.N.D.R.D.PL 13990 LOCUS 1965 COUNTY LAYOUT STEPHEN E.STAINNSKI,RLS. DATE 1•-T 000• 'TNT PLANNING BOARD'S ENDORSEMENT OF THE PLAN AS " 911E ZONE DISTRICT: R3 RECUSES 125'FRONTAGE AND 26,000 S.F. AR. FOR REGISTRY USE NOT REQUIRINGB=UNDER THE SUBOVISION CONTROL AREA PER LOT,AND SETBACKS OF 30'FRONT.20'SDE,AND 30'REAR. LAW IS NOT A DETERMINATION AS TO CONFORMANCE WYK THE 5.SITE IS SHOWN ON FEMA COMMUNITY PANEL N0.250098 0007 C DATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATICNS' JUNE Z 1993 ZONE AE t K.100 YEAR ROOD EUEVFTIOl N.GV.D. 8.LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER. 7.THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS STE, a LEGEND O Scw BITUMINOUS CONCRETE WALK OMP CORRUGATED METAL PEE AEy Rep RONFORCED CONCRETE PIK / " S CONCRETE CC CONC. S�ITWCONCRETE W.F. WOOS FRAME W.F.D. WOOD FRAME DWELLNG d1 R.O.W. RIGHT OF WAY NP NOW OR FORMERLY ARF 8 WETLRIYERAND F FUO AW BA WETLAND FUG W ^— EDGEOF RIVERFRONT �^ EDGE OF WETLAND T $ Q $ oCXYA STONE WALL iF Q WOOD GUARD STOCKADE FENCE STEEL OLE RAIL •DH DRILL HOE G W IRON PIN OSB DH STONE BOUND DRILL HOLE - O EC ST ESSEX COUNTY STONE 90" All .IUM"All 'I 4".B.a6Ta TIF:/ 1� xaoe9 sK-1mB / '" H J m l / ' IN L / PLAN OF LAND F FK oil 04 l E E NORTH ANDOVER, MASSACHUSETTS MONTAQ��0.W / M S T R PRBARBD FOR �vATWw TY LK HFZEN J. ST. CYR Cft P EO 0 7 1/Y armal SAaT "MHMour ' L E NO ANTRIM AUSSAC8UWM OATS AIDFLtaR All 8009 RBI.:.UNUARr 4 8007 BCAlc 1•-40' d Ma a a fro' SCK ENGINEERING SERVICES PAW MISS* AFmO9m MA#SACA[OXfl8 0=0 • �AORTk / v ' L. 1aa��t V01 JAH 18 FM 2 PLANNINth PIPARTMENT ;:ORT ll AV Community DevolArw"I nivi4inn 7671 7attuary 17,2407 It*POST-M#Fax Nass RGM Helm J. St.Cyr �"%'°'P` Co. ` __-- 7 Ys Beverly Street � "•'� y P"k"°• y _ 14fetf wn,MA 018 (Fix of I�f / :Fix/ c/o Could Johnam r•�� RE: Form A Applicatim—MSP 65,Lag 15-hmpased IA*13-I -- plau Titled"Plan of Land is North Andover,bbwvd=etts"dated November 24,2006 and Revised January 4,2007,PrgmrW by Merrimack Engion ing Serum,Propared tax Hahn J.St. Cyr. Ow Ms.St.Cyr. We are in receipt of Form A Application filed Nva;cwber 30,2006 for the proparty located at 812 Sates Street,Assessor's Map 65,Lot is with frontage to Saha Shot=d Bhte Ridge Road to creme Lets 15-1 =415.2. Upon review,the Farm A appEcatiaa has bean DEAD because the Platt did not comply with the Regulations 4overmn the Subdivision of Lad dated November,2000,last Ama AW Deeembw 2002(North Mdaver Subdivision Rules dt Repailatiow)for the following reason. A Coadaaaw Buildable Am The lots do not meet the requirern mb of 3.2.11 of the Tows of Borth Andover Rules*Regulabow and Section 7.1.1 Contiguous Bai dable Arnot(CBA)offt North Andover Zoe Bylaw for detra'tt"i.ng the migtimttm CBA req =d for a lot widths tW R=deatial 3 7,onin$District(25,O00 3-fminimum lot sine). Tho.platt iaconwily shows aA lot setistAM the 75%blur=CBA regairemout with Lot 13.1 c ontainiag CBA is excess of 25,000 if.ad Lot 15-2 coataiairtg 25,000 31 o(OK Sw ion 7.1.1 s=n the foGoa*: As ofApHl 28,j984 die area of any now tar cre0104 exnfusrw ofarga in v street or mwr*d - way open to public ssaA at last seventy five(75)per4mt ofthe ninimum lot arra respired far coning sh411 be conapow land other than land located within a line 1deWf ed pct wetland resource areas in awoYdance with the Wetlands Protection Aa IAachsr ms Grarnd L4wa, Chapter 131,Stolon 40 and the Town afNwrhAtedsxw Worland ProfeWon BYlaw+,Chapter 178 of ihe Carle of North An4ame'. 1° propored rowettue mtmt bo taonan mored on acid designated conrigum kind errea." lu Accmdaace with the North Andover Wetlands Protection Bylat+v,Section 178.2 huis"ou,a w%bnd rescumo w=oomnim of 1) any isolated Veletwd wetland, 2) any ephmeral pool, 3) nay vegetated wetland batdCri w on am creek,river,Amaro,pond Or laluC, 1600 OS1sed Street,North Aac+aver,lt:arhasem 01845 Phone 971.811.9595 Fez 971.611.9541 Web wvw.tawaafaorlhwWerer.com 4) any baulr,bmch,am* wet meadow,bog,or W=P, 5) any land uader my credo+river,mmm,pond ar Wck 6) =y t oo-foot bunter zom of wctla%d rmrce ares*1-5 W'cd 7) any land subje d to mm Ilowasge,or by s) V.pl.,or xly irle>tRPiesti M�oequiw Brook and*a 200'nvafia t cm*mw bufff• MO�e1dD Bwok and dw coaUgum 200. ocx mates as either tide:hava bees idea &d by the Cowl o"tion Coatmuslan as r;vatf M arews. IU 200'rivcr &W is catgoriaed s wed ad tcsource arm and as molt,the 200'aontipm!ted atxea cc ezthrr sides of the Mosquito Btaok cannot be utod in tlse cakulation of CBA. If you have avy quasnosts.Phstie feel free to ootttyws me. Tbwk you. 1 Gln 13 Tovm Planner cc: forth Andov'ar Manias Baud Myce Bra6haw,Tow%Clak Curt pccllaMM,Community Devcloprnent Dillcmlc Alison McKay,Camser Atfim Adagaidr" Gerald Brown.lns�of BuildiAp 160D Osgood Street,Korth Acdaret,ldassochusetts 01645 Phone 9"14.641.9535 Fax 971.68/.9542 Web WWWonsehnorthadarer.cm Of AORTh � OL r fir} . I ,.� r0 q'y« �N f JAN 18 i i�,Ifs: 3 Cdft p�AATEO A�`y�� CHUs�� PFH A t DbVEi PLANNING DEPARTMENT Community Development Division January 17, 2007 Helen J. St. Cyr 7 %Z Beverly Street Methuen,MA 01844 c/o Gerald Johnston RE: Form A Application—Map 65,Lot 15—Proposed Lots 15-1 & 15-2 Plan Titled"Plan of Land in North Andover,Massachusetts"dated November 24,2006 and Revised January 4,2007,Prepared by Merrimack Engineering Services,Prepared for Helen J. St. Cyr. Dear Ms. St. Cyr: We are in receipt of Form A Application filed November 30,2006 for the property located at 812 Salem Street,Assessor's Map 65,Lot 15 with frontage on Salem Street and Blue Ridge Road to create Lots 15-1 and 15-2. Upon review,the Form A application has been DENIED because the plan did not comply with the Regulations Governing the Subdivision of Land dated November,2000,last Amended December 2002(North Andover Subdivision Rules&Regulations)for the following reason. Contiguous Buildable Area The lots do not meet the requirements of 3.2.11 of the Town of North Andover Rules&Regulations and Section 7.1.1 Contiguous Buildable Area(CBA)of the North Andover Zoning Bylaw for determining the minimum CBA required for a lot within the Residential 3 Zoning District(25,000 s.f minimum lot size). The plan incorrectly shows each lot satisfying the 75%minimum CBA requirement with Lot 15-1 containing CBA in excess of 25,000 s.f.and Lot 15-2 containing 25,000 s.f of CBA. Section 7.1.1 states the following: ,As of April 28, 1986, the area of any new tot created, exclusive of area In a street or recorded way open to public use, at least seventyfive(75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town ofNorth Andover Wetland Protection Bylaw, Chapter 178 of the Code ofNorth Andover. The proposed structure must be constructed on said designated contiguous land area." In accordance with the North Andover Wetlands Protection Bylaw, Section 178.2 Jurisdiction,a wetland resource area consists of 1) any isolated vegetated wetland, 2) any ephemeral pool, 3) any vegetated wetland bordering on any creek,river,stream,pond or lake, 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com 4) any bank,beach,marsh,wet meadow,bog,or swamp, 5) any land under any creek,river, stream,pond or lake, 6) any 100-foot buffer zone of wetland resource area 1-5 listed above, 7) any land subject to storm flowage, or flooding by groundwater or surface water, 8) and the 200-foot riverfront area The Plan correctly identifies Mosquito Brook and the 200'river&ont contiguous buffer. Mosquito Brook and the contiguous 200-foot zones on either side have been identified by the Conservation Commission as riverfiont areas. The 200' riverfirnrt area is categorized a wetland resource area and as such,the 200' contiguous land area on either sides of the Mosquito Brook cannot be used in the calculation of CBA. If you have any questions,please feel free to contact me. Thank you. Since ely, incoln Daley Town Planner cc: North Andover Planning Board Joyce Bradshaw,Town Clerk Curt Bellavance,Community Development Director Alison McKay, Conservation Administrator Gerald Brown,Inspector of Buildings 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com U`goW Land:flnj,, Town of North Andover ' 1600 Osgood Si. Bid& 20, Suite 2-36 Planning Dcpt. North Andover,MA 01845 - ,. ,IV E FORMA ' {, ( , . . i , �t= APPLICATION FOR APPROVAL NOT REQUIRE NOV 30 PM 1.- 13 DATE: T Q V '01, FORTH 3]'` ,�' Y'T MASAC3(gym EE1 r a (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: 1�t. � Address: th@yef i� � 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: 1MIA ED 7 1 Ath('®;'T., V �l� VVI�t � ti �� Gs 1 Z �T 4 uc Y�Lt�Fi 26 3.Deed Reference: Book t d Page--A-1-- or age1or Certificate of Title: 4.Name of Surveyor: tnt?� IACD �{�(a/VV1Q,lI1�(o %.A CV-S Address: �. 40a e MA— 16lO c3 Signature of Owner(s): y Address: L4 ,-'e j Please indicate the grounds (either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: (K)—a) Has the frontage,lot area, and lot width required under the Zoning By-law on: a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: IIS t '" VED 2007 JAN 18 Fr'''y 2: 52 Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan 0,0 1. The North Andover Planning Board has determined that said plan does not re A 6ji(nai, O� ie Subdivision Control Law, and the appropriate endorsement has been made up 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L. c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: URBELIS &FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON MASSACHUSETTS - 02110 1727 THOMAS J. URBELIS Telephone 617-338-2200 Andover e-mail tjuCyuuf-law.com Telecopier 617-338-0122 Telephone 978-475-4552 February 14, 2007 North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: HELEN J. ST. CYR vs.NORTH ANDOVER PLANNING BOARD Misc.No. 07 MISC 340145 Dear Members of the Board: Enclosed please find a copy of a letter dated February 13, 2007 from Attorney Howard Speicher to the Land Court Clerk along with the Notice of Voluntary Dismissal. Very truly yours, Thomas J.Toelis TJU:kmp Enclosures cc: Joyce Bradshaw (w/enc) wwp5l\work�n-andove�coiTesptplanning.board-sccyr.doc ;i�-� it 1.11"�lr S �' A LM . ATTORNEYS AT LAW Howard P. Speicher C.Michael Malm William F.Griffin,Jr. February 13, 2007 John G.Serino Gary S.Matsko John T. Lynch Deborah J. Patterson, Recorder Carol R.when Land Court Howard P.Speicher 226 Causeway Street Paul L.Feldman Boston, MA 02114 Gary M.Feldman George A.Hewett Re: Helen J. St. Cyr v. Alberto Angles, Jr. et al. Laurence M.Johnson Mise. No. 07 MISC 340145 Kenneth J.Mickiewicz Thomas S.Fitzpatrick Dear Ms. Patterson: J.Gavin Cockfield David Rapaport Enclosed for filing please find the Plaintiff's Notice of Voluntary Dismissal. Whitton E.Norris,IIIAndrew D.Myers Thank you for your assistance in this matter. Robert J.Galvin Very truly yours, John D.Chambliss Thomas Frisardi Marjorie Suisman San{uel B.Moskowitz Howard P. Speicher Charles H.DeBevoise Amy L.Fracassini HPS:reb Robert J.Diettrich Avi M.Lev Enclosures Ann M.Soholewski Joshua S.Grossman cc: John Carroll (w/enol.) Neal J.Bingham Stephen Stapinski, RLS (w/enol.) David M.Cogliano Thomas J. Urbells, Esq. (w/enol.) Rebecca L.Andrews. Laurie Alexander-Krom Sophie C.Migliazzo Christopher J.Marino Shannon M.Tomai Harold R.Davis, of Counsel Julian J.D'Agostine of Counsel direct 617-589-3829 direct fax 617-305-3129 email hspeieher Cadavismalm.com ONE BOSTON PLACE•BOSTON•MA.02108 617.367.2500+ fax 617.523.6215 433006v.1 �N w . d a v i s m a 1 m . C o In COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. LAND COURT DEPARTMENT MISC. NO. 07 MISC 340145 HELEN J. ST. CYR, Plaintiff V. ALBERTO ANGLES, JR., JOHN SIMONS, RICHARD NARDELLA, NOTICE OF VOLUNTARY DISMISSAL JENNIFER KUSEK, and RICHARD ROWEN, as they are members of the PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, and LINCOLN - DALEY, as he is TOWN PLANNER FOR THE TOWN OF NORTH ANDOVER, Defendants Plaintiff, Helen J. St. Cyr, pursuant to the provisions of Rule 41(a)(1) of the Massachusetts Rules of Civil Procedure, hereby voluntarily dismisses the action without prejudice, no answer or other responsive pleading having been filed. Respectfully submitted, HELEN J. ST. CYR, By her attorneys, Howard P. Speic /BBO #474380 Ann M. Sobolewski/BBO #567876 Davis, Malm &D'Agostine, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 Dated: February 13, 2007 CERTIFICATE OF SERVICE I Wn"cer8ily om a We Go"Of as abne doe i d was sewedHomey of tw ends omen a�4y (band) mal 43z997v.1 RECEIVED 6 2001 FEB -6 Aff l0= dDAGOS`I'INE P.C, ATTORNEYS AT LAW Ann A Sobolewski MASSAv'-!!U f February 5, 2005 BY FEDEX Joyce Bradshaw, Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Re: Helen J. St. Cyr v. Planning Board of the Town of North Andover Dear Ms. Bradshaw: You are hereby notified pursuant to G.L. c. 41A, § 81BB, that an appeal of a decision of the North Andover Planning Board which was filed with the Town Clerk on January 18, 2007 denying an application for endorsement of a plan as "approval under the subdivision control law not required"pursuant to the provisions of G.L. c. 41, § 81P was filed on February 5, 2007 in the Land Court by Helen St. Cyr. A copy of the complaint is attached hereto. Please date stamp the enclosed duplicate copy of this letter and return it back to me in the enclosed self-addressed, stamped envelope. Thank you for your attention to this matter. Very tru purs, y Ann M. Sobolewski AMS/ew Enclosure cc: Client(w/o enclosures) 432038v.1 direct 617-589-3852 directfax 617-305-3152 email asobolewski@davismalm.com ONE BOSTON PtAcE.BOSTON.MA.02108 617.367.2500 fax 617.523.6215 w w w . d a v i s m a l m . c o m T PE"EEVED r �' �.;'C COMMONWEALTH OF MASSACHUSETTS v;. 2003 FEB -6 41, 10: 02 NORFOLK, ss. LAND COURT DEPARTMENT T['` !'r MISC. NO. R10RT1i AK,-jr? M A S S A C H HELEN J. ST. CYR, Plaintiff V. ALBERTO ANGLES, JR., JOHN SIMONS, RICHARD NARDELLA, COMPLAINT JENNIFER KUSEK, and RICHARD ROWEN, as they are members of the PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, and LINCOLN DALEY, as he is TOWN PLANNER FOR THE TOWN OF NORTH ANDOVER, Defendants INTRODUCTION 1. This is an action pursuant to G.L. c. 41, § 81BB, appealing a decision of the Town of North Andover Planning Board denying an application for endorsement of a plan as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. PARTIES 2. Plaintiff Helen J. St.Cyr is the owner of and applicant for approval with respect to the property known as and located at 810-812 Salem Street,North Andover,Massachusetts. 3. Lincoln Daley is the Town Planner for the Town of North Andover with a business address at 1600 Osgood Street,North Andover Massachusetts 01845. 4. The defendants, other than Lincoln Daley, are the members of the Planning Board of the Town of North Andover, with a business address at 1600 Osgood Street, North Andover, Massachusetts, and are authorized by the By-law to act on applications for Site Plan i z Review (the`Board). 5. The defendant, Lincoln Daley is the Town Planner for the Town of North Andover and is the person designated by the Board to sign plans submitted pursuant to G.L. c. 41, § 81P. 6. The defendants have a usual place of business at 1600 Osgood Street, North Andover, Massachusetts 01845. FACTS 7. Helen J. St. Cyr is the owner of property located at 810-812 Salem Street, North Andover, Massachusetts (the "Property"). S. The Property contains two buildings, a residence and a barn, both of which predate the adoption of the subdivision control law. 9. The Property consists of 147,773 square feet, or 3.392 acres, of land. 10. The Property has frontage on both Salem Street and Blue Ridge Road. 11. The Property is located in the Residence 3 Zoning District("Res 3"). 12. The North Andover Zoning Bylaw requires property located in the Res 3 zoning district to have at least 125 feet of frontage. 13. Salem Street and Blue Ridge Road are public ways within the Town of North Andover. 14. On November 30, 2006, the plaintiff applied to the Planning Board for endorsement of a plan dividing the Property into two lots, one containing the residence and one containing the barn, as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. 15. The purpose of the filing was to divide the Property into two lots as depicted on the Plan attached hereto as Exhibit A. 16. Both of the lots depicted on the plan have at least 125 feet of frontage on a public way. 17. The Planning Board has designated the Town Planner as its agent with respect to the 2 x review and endorsement of "approval under the subdivision control law not required" plans pursuant to the provisions of G.L. c. 41, § 8 1 P 18. The Planning Board, through the Town Planner, in a decision dated January 17, 2007, denied the application and determined that approval under the Subdivision Control Law is required. A true and accurate copy of the Board's decision is attached hereto as Exhibit B. 19. The basis for the Planning Board's decision was that the "Lots do not meet the requirements of 3.2.11 of the Town of North Andover Rules and Regulations and Section 7.1.1 Contiguous Buildable Area (CBA) of the Town of North Andover Zoning Bylaw for determining the minimum CBA required for a lot within the Residential 3 Zoning District (25,00 s.f minimum lot size)." 20. The decision of the Planning Board was filed with the Town of North Andover Town Clerk on January 18, 2007. 21. The plaintiff is aggrieved by the Planning Board's decision. CLAIM FOR RELIEF G.L. C. 41, § 81BB APPEAL 22. The plaintiffs hereby repeat and incorporate by reference the allegations contained in paragraphs 1-21 as if fully set forth herein. 23. The plan submitted to the Planning Board does not depict the creation of any new lot without legal frontage. 24. G.L. c. 41, § 8 1 L provides that: the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision. 3 25. As proposed the Property was to be divided into two lots, each of which contain a building that predates the adoption of the subdivision control law. 26. The Planning Board's decision is arbitrary and capricious, is based on an error of law, is legally untenable and exceeds the Planning Board's authority. 27. Each of the lots shown on the plan submitted to the Board has more than the minimum frontage required by the North Andover Zoning Bylaw on an existing public way. WHEREFORE, the plaintiff requests that the Court grant the following relief. 1. Hear the evidence, rule that the Planning Board's decision exceeded its authority, and annul the decision of the Planning Board denying the endorsement pursuant to G. L. c. 41, §81P requested by the plaintiff; and 2. Such other relief as the Court deems just and proper. HELEN J. ST. CYR By their attorneys ward P. SpeicherBBO#474380 Ann M. Sobolewski/BBO#567876 DAVIS,MALM &D'AGOSTINE, P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: February 5, 2007 4 431975v.1 t 9 HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBOVASION CONTROL NOTES APPLETON IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED I.SEE TOWN OF NORTH ANDOVER ASSESSORS MAP /65 PARCEL F15: STREET DESIGN OF THE PLANS 15 IN COMPLIANCE WITH THE SEE DEED BOOK /1048 PAGE/B9 EN.D.R.D.FOR TINS SIZE OWNER PURPOSE OF THE SUBOMSION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOAR 0 OF RECORD IS HELEN d ST.CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, AND THIS PLWAS PREPARED WI IN ACCORDANCE TH THE Z.WETLANDS FLAGGED BY NORSE ENVIRERTY L)NES. ONMENAND TAL AL WIFTLETT,INC.IN M! RULES AND RECUUT10N5 OF THE REGISTRY OF DEWS DATE AREA JJL FlG LOCATION006 THE S SHOWN FLAG TY BYPROPER LAND l �'UE RIDCE OF THE COMMONWEALIM OF MASSACHUSETTS. ROAD ENORNEEPoNG AND ENVIRONMENTAL SERVICES.LLC.DATED SEPTEMBER 7.2008 3.REFERENCE PLANS. E.N.D.R.O.PL 13803 $ATE E.N.O.R.D.PL 10883 1 4/07 E.N.D.R.D.PL 13990 1 ocUs STEPHEN E.STAPINSq.R1%S COUNTY LAYOUTL.S. GATE i'ol 000 'THE PLANNING BOARD'S ENDORSEMENT OF THE PLAN AS 4.SITE ZONE DISTRICT: R3 REQUIRES 125'FRONTAGE AND 23,000 5,F.LAND FOR REGISTRY USE NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL AREA PER LOT,AND SETBACKS OF 30'FRONT,20'SLOE.AND 30'REAR. LAW 15 NOT A DETERMINATION AS TO CONFORMANCE WITH THE 5.STE IS SHOWN ON FEMA COMMUNITY PANEL NO.250098 0007 C GATED TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS' .RINE Z 1993 ZONE AE k Y.100 YEAR FLOOD ELEVATION-141.$N.G.V.D. 8.LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN. EKISTING HOUSE 15 SERVICED WITH MUNICIPAL SANITARY SEWER, 7.THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. IGEN p am BITUMINOUS CONCRETE WALK CMP CORRUGATED METAL PIPE RCP/ REINFORCED CONCRETE PIPE BIT.CONC. BITUMINOUS CONCRETE CC CEMENT CONCRETE "cPqy�"� W.F. WOOD FRAME --wF W.FA. WOOD FRAME DWELLING ` R.O.W. RIGHT OF WAY N/FNOW OR FORMERLY A RF 0 WETLAND FLAG A WF BA wEtLAND FLAG uc (y EDGE OF RNVERFRONT EDGE OF WETLAND ,e ,d• • IPI�y }g OOnOc STONE WALL WOOD STOOtAOE FENCE 4�♦ —fA STTEEIL.GUARD RAIL •am OH DRILL HOLE FIND O IP #RON PIN `— / • ♦ / O 58 OH STONE BOUND DO LE HO � OEC SB E59E11 COUNTY STONE BOUND Af / � b / 2Am TH CL ♦ 19R 58 A• d/ 3I LaJ I � NALOW V MLOs / ',." di 6739 F{ L N .ry _------ - _ / "°"� PLAN OF LAND LW 19�+,1AIA!•Rppx • ' aARW "� S E E T NORTH H ANDOVER, MASSACHUSETTS • . PRWAMM a 11:11:1111i1'YA9L►B Y u HELEN J. ST. C}R �wc'A�Dr S A L E / lTaa ase 11021 BrvmRcratx 1101021MAnBaAarrmenB wm Avyxw 1P"goo RUR:LMD.IRY A 1009 /�' BCAL►`/'mob' �� d F9' W ar tm IYER"ACK ENGINEERING SERVICES N PAW 82NM A4W=11MX/wv=m 01110 �tORTrr V t.. +L' SVE© FLANt IM0 DIPARTMINT Community aQV4101h 1An}Mvkien r�,►, ,�.. 4. January 17,2007 Post-fr Pax Nota 7671 Pte►% °„TO ' s � S � �a Helm J. St. Cyr cu4+P4 �+C%NAC.�L Co. J 7 Sh Beverly S va Phage* Pnune* y Metltuert,MA 01844 Fo**rs„dJ xs"f*4�e clo Cianld Johnrtaa RE: Form A Appl ica Wm—MV 65,Lot 15—Proposod Lets 15.1 &15-2 Plan Titted"Flan of Ladd in North AnddM M wad=90"dMd November 2g,7006 and Revised January 4,2007,Prgwvd by Merrimack EaSiaarkV Serviaa,Prepared foot two J.St. Cyr. Dear Ms.St.Cyr We ata in receipt of Forth A Applications filed November 30,200!6 for the property located at 812 Structs Suoat,Assessor's Map 66,Lot 15 with frontsg;e on Salm Stmt and Blue RidV Road to orate Lots 15.1 stud 15-2. Upon review,the Form A application hu boon DENMD bocauao the plats did not comply with the RogWxdc s Governing the Subdivision of Und datod Novcrruber,2000,lasttt.AMMUkd Decetubu 2002(North Andaver Subdivision Rules&Rgpdations)Sour the following f0MM i Candpoua Buildable Area Tho lots do nae meat the ruquira wu4 of 3.2.11 of the Town of North Andover Ruks#Re FlabOw aM Section 7,Ll Cantiguoas Buildable Arm(CDA)offt North Andover Zotuug Hyiaw*9 deWnuini tg the minimum CDA requited for a lot within tbo RakdeaW 3 Zoning Dimict(23,000 s.f minimum lot siu). Tho.pim itvewxdy shows taueh lot sari l ing the 71%tranimum CBA Tequirertwat with trot 15«1 containing CBA in meccas of 25,000 s f.aid Lot 15-2 oonzaining 25,0011 M.f.of CDA. Section 7,1.1 >rtatest the following: „As of Apra!28,J984 the area of'any now lot vreat#4 eziCls<e w of aria in a street or rwrt7lied way open to public aa4 at taut sewenry f w(75)prrCsrlt Of the ndrritwm lot area rep red for zoning shall be contiguous luno'other than land!neared wiAirn a lure idendifled as wet4md resource arras in accordance WA the N'ttlandt Pmtwdon Act,elderssankam Grams!'L4WS, CMpter 131.Section 40 a„d the Town of NonrhAn*wr Wedar d ftle ton Bylaw,Chapter 178 of tJrw Code ofNorth Andawt Me puRopoted t>xuvttm+e nut bR oLav rucred on tatd deaignamd cpnrtgrsour"area." in sccordsaoe with the North Audom Wetlands Prat uWu Bylaw,Scenery 178.2 JOrisdictior,a wodand resource am ooaoism of; 1) any isolated veg"ted wetland, 2) any eph+emoral pool, 3) any vgpt�tod wetland buxieting on any credo,fiver,AMMInr,Pond or 11ekc, 1600 Osgood Strut,North Aatcvar,M=sWhu%M 01845 Phone 97a.b88.9595 laz 978.60.954 Web www towneisodbmdaver com 4) any bank,beach,ma*wet meadow,bog.or AwR 5) =y land under my creak,river,Wtr=4 pcmd or W'k 6) my 100»foot butler Ime of wetland naoarae eros 1-3 holed rf ua wear, 7) any land subjtd to s� M flowsg�e,or f c*d.�by $� r The Plsn cw7cdly ideat$Ca Mosquito Bmok and the 20E1'rived ut WOUPOus butTer. Mos"OD Brook and the coasigum Moot zoc 0n either tide ba"bean idearifiiod by she ConMe 11101 Co==sion as Tiverf!vw Brew. The 200'riverhot neat is Mqmir4d a wedad cannot be rce am= as asmh,the 200`contiguous lstad a n on vht sides of the MO$quito calculation of CBA. If you have any questions,plem heal free to CODUwt me. 1 haok you. S Y. 1 xacala Daioy TowM P%nxw cc. North Andover Pmt$Board Joyce Bsadsh%w,Tows Clerk Curt Bcusm aero,Community DewlapmM DirMcC Alisau Mey4y,Conser Mm Adxrninistrator Gerald BMvm, leaprctar of Bugdiaga 1600 Osgood Sheet,Monh Andever,Masai Iss"s fli 645 Phaae 976.661.9535 Fax 976.666.954 Web yrww towsein4ttha�dvvet.ivm a S xECEIVED 2001 FEB - A11 g ' AGOS CIN E PC ATTORNEYS AT LAW "i� M R9, Ann M.Sobolewski ��Fit✓ .. ..d 1 February 5, 2005 BY FEDEX Joyce Bradshaw, Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Re: Helen J. St. Cyr v. Planning Board of the Town of North Andover Dear Ms. Bradshaw: You are hereby notified pursuant to G.L. c. 41A, § 81BB, that an appeal of a decision of the North Andover Planning Board which was filed with the Town Clerk on January 18, 2007 denying an application for endorsement of a plan as "approval under the subdivision control law not required"pursuant to the provisions of G.L. c. 41, § 81P was filed on February 5, 2007 in the Land Court by Helen St. Cyr. A copy of the complaint is attached hereto. Please date stamp the enclosed duplicate copy of this letter and return it back to me in the enclosed self-addressed, stamped envelope. Thank you for your attention to this matter. Very tru, urs, Ann . Sobolewski AMS/ew Enclosure cc: Client (w/o enclosures) 432038v.1 direct 617-589-3852 direct fax 617-305-3152 email asobolewski@davismalm.com ONE Bos-roN PLACE.BOSTON•MA•02108 617.367.2500 . fax 617.523.6215 www . d a v i s m a l m . c o m CIP"r'EIVED T,01 COMMONWEALTH OF MASSACHUSETTS 2007 FEB -6 At-j10: 02 NORFOLK, ss. LAND COURT DEPARTMENT MISC. NO. NORM A[ MASS,4r, HELEN J. ST. CYR, Plaintiff V. ALBERTO ANGLES, JR., JOHN SIMONS,RICHARD NARDELLA, COMPLAINT JENNIFER KUSEK, and RICHARD ROWEN, as they are members of the PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, and LINCOLN DALEY, as he is TOWN PLANNER FOR THE TOWN OF NORTH ANDOVER, Defendants INTRODUCTION 1. This is an action pursuant to G.L. c. 41, § 81BB, appealing a decision of the Town of North Andover Planning Board denying an application for endorsement of a plan as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. PARTIES 2. Plaintiff Helen J. St.Cyr is the owner of and applicant for approval with respect to the property known as and located at 810-812 Salem Street,North Andover,Massachusetts. 3. Lincoln Daley is the Town Planner for the Town of North Andover with a business address at 1600 Osgood Street,North Andover, Massachusetts 01845. 4. The defendants, other than Lincoln Daley, are the members of the Planning Board of the Town of North Andover, with a business address at 1600 Osgood Street,North Andover, Massachusetts, and are authorized by the By-law to act on applications for Site Plan Review(the `Board). 5. The defendant, Lincoln Daley is the Town Planner for the Town of North Andover and is the person designated by the Board to sign plans submitted pursuant to G.L. c. 41, § 81P. 6. The defendants have a usual place of business at 1600 Osgood Street, North Andover, Massachusetts 01845. FACTS 7. Helen J. St. Cyr is the owner of property located at 810-812 Salem Street, North Andover, Massachusetts (the "Property"). 8. The Property contains two buildings, a residence and a barn, both of which predate the adoption of the subdivision control law. 9. The Property consists of 147,773 square feet, or 3.392 acres, of land. 10. The Property has frontage on both Salem Street and Blue Ridge Road. 11. The Property is located in the Residence 3 Zoning District("Res 3"). 12. The North Andover Zoning Bylaw requires property located in the Res 3 zoning district to have at least 125 feet of frontage. 13. Salem Street and Blue Ridge Road are public ways within the Town of North Andover. 14. On November 30, 2006, the plaintiff applied to the Planning Board for endorsement of a plan dividing the Property into two lots, one containing the residence and one containing the barn, as "approval under the subdivision control law not required" pursuant to the provisions of G.L. c. 41, § 81P. 15. The purpose of the filing was to divide the Property into two lots as depicted on the Plan attached hereto as Exhibit A. 16. Both of the lots depicted on the plan have at least 125 feet of frontage on a public way. 17. The Planning Board has designated the Town Planner as its agent with respect to the 2 review and endorsement of "approval under the subdivision control law not required" plans pursuant to the provisions of G.L. c. 41, § 81P 18. The Planning Board, through the Town Planner, in a decision dated January 17, 2007, denied the application and determined that approval under the Subdivision Control Law is required. A true and accurate copy of the Board's decision is attached hereto as Exhibit B. 19. The basis for the Planning Board's decision was that the "Lots do not meet the requirements of 3.2.11 of the Town of North Andover Rules and Regulations and Section 7.1.1 Contiguous Buildable Area (CBA) of the Town of North Andover Zoning Bylaw for determining the minimum CBA required for a lot within the Residential 3 Zoning District (25,00 s.f. minimum lot size)." 20. The decision of the Planning Board was filed with the Town of North Andover Town Clerk on January 18,2007. 21. The plaintiff is aggrieved by the Planning Board's decision. CLAIM FOR RELIEF G.L. C. 41, § 81BB APPEAL 22. The plaintiffs hereby repeat and incorporate by reference the allegations contained in paragraphs 1-21 as if fully set forth herein. 23. The plan submitted to the Planning Board does not depict the creation of any new lot without legal frontage. 24. G.L. c. 41, § 8 1 L provides that: the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision. 3 25. As proposed the Property was to be divided into two lots, each of which contain a building that predates the adoption of the subdivision control law. 26. The Planning Board's decision is arbitrary and capricious, is based on an error of law, is legally untenable and exceeds the Planning Board's authority. 27. Each of the lots shown on the plan submitted to the Board has more than the minimum frontage required by the North Andover Zoning Bylaw on an existing public way. WHEREFORE,the plaintiff requests that the Court grant the following relief 1. Hear the evidence, rule that the Planning Board's decision exceeded its authority, and annul the decision of the Planning Board denying the endorsement pursuant to G. L. c. 41, §81P requested by the plaintiff; and 2. Such other relief as the Court deems just and proper. HELEN J. ST. CYR By their attorneys ward P. Speicher/BBO #474380 Ann M. Sobolewski/BBO#567876 DAVIS, MALM &D'AGOSTINE, P.C. One Boston Place Boston,MA 02108 (617) 367-2500 Dated: February 5, 2007 4 431975v.1 'I HEREBY CERTIFY THAT THIS PLAN HAS BEEN DESIGNED APPROVAL UNDER THE SUBDIVISION CONTROL NOTES gpPLETON IN ACCORDANCE PATH GOOD ENGINEERING PRACTICE AND LAW NOT REQUIRED 1.SEE TOWN OF NORTH ANDOVER ASSESSORS MAP Q65 PARCEL X15; STREET DESIGN OF THE PLANS IS IN COMPLIANCE IM THE SEE DEED BOOK$1046 PAGE#89 EN.D.R.D.FOR THIS SITE.OWNER PURPOSE OF THE SUBDIVISION REGULATIONS OF THE TOWN NORTH ANDOVER PLANNING BOARD OF RECORD IS HELEN J.ST.CYR NORTH ANDOVER PER SECTION 1.2 OF THE REGULATIONS, S AND THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE 2.WETLANDS FLAGGED BY NORSE ENVIRONMENTAL SERVICES,INC.IN JULY 2008.THE PROPERTY ONES,BUILDING AND NETLAND/RESOURCE BWE RIDGE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS DATE AREA FLAG LOCATIONS SHOWN FROM A PLAN PROPERTY BY LAND l ROAD OF THE COMMONWEALTH OF MASSACHUSETTS S ENGINEERING AND ENVIRONMENTAL SERVICES,U.C.DATED SEPTEMBER 7,2008 3.REFERENCE PLANS: ?W E.N.D.R.D.PL 13603 gl= SITE EN.D.R.D.PL 10883 1/4/07 E.N.D.R.D.PL 13990 STEPHEN E.STAPINSKI,R.L.S. DATE 1985 COUNTY LAYOUT LOCUS 6.SITE ZONE DISTRICT: R3 REWRES 125'FRONTAGE AND 25,000 SF,LAND NOT REQUIRING 1•=1,000 FOR REGISTRY USE 'THE PLANNING BAPPROVAL UNDER THE OARD'S ENDORSEMENT OF THE PLAN AS SIDN CONTROL AREA PER LOT,AND SETBACKS OF 30'FRONT,.20'SIDE,AND 30'REAR. TOW IB NOTA DETERMINATION AS TO CONFORMANCE WITH THE 5.517E IS SHOWN ON FEMA COMMUNITY PANEL 250098 C DATED OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS." JUNE Z,1993 ZONE AE 8 X.100 YEAR FLOODD ELEVATION-141=141.5 N.GV.D. 6.LOCATION OF UNDERGROUND STRUCTURES AND CESSPOOLS UNKNOWN, EXISTING HOUSE IS SERVICED WITH MUNICIPAL SANITARY SEWER. 7.THERE ARE NO KNOWN ZBA OR PLANNING BOARD DECISIONS FOR THIS SITE. a LEGEND \ 0 BCW BITUMINOUS CONCRETE WALK CMP CORRUGATED METAL PIPE / gDllfpTi�, ` RCP REINFORCED.CONCRETE PIPE '.11yy ST.CONC, BITUMINOUS CONCRETE q'°L,tA,°Mn. � ENNr CC WOW CONCRETE W.F. WOOD FRAME �µY W.F.D. WOOD FRAME DWEWNG FND R.O.W. RIGHTOF WAY N/F NOW OR FORMERLY / A RF 9 RiVERFRONT FL FAG A WF BA WETLAND FLAG W EDGE OF RIVERFRONT EDGE OF WETLAND STONE WALL q06' P • ' = E F Q WOOD STOCKADE FENCE aN� iHD G_4 STEE� DRILL OLEGUARAIL P' ®DH GRILL HOLE d R1D� O IPIRON PIN �'y O SB DH STONE BOUND DRILL HOLE O -� ter• =p , @ EC W ESSEX COUNTY STONE BOUND � rb AREMITT.773 SF. = AREA-SS,°°°Si. �- d. UJ 28tH Al , , CBA G UP NO�R5. A'� R, iNSO/ CBA=OREATER THAN / ZSODO Si..IODJi = ON PLAN OF LAND NORTH ANDOVER, MASSACHUSETTS N« � E a T R PRSPAR6D MR 4 vARUBG�Wn1uro HELEN J. ST. CYR at CqR.,P ^ Wg�M. �88 EC sB 7 1!Z Ata'V�PLY S77ZfWT' ALIT -a�/A L E D" LbTHM MAWACHURM7S J DAM NOVENM ZA RW ASK:JANUARY!.2007 i SCALE 1-40' MERPMACK ENGINEERING SERVICES JBB PARK S7RW ANLYIVM 1GSSACM4MM 01810 Q w � FLANNINO 01PARTMENT Community Devatr+nmartt Vivian JaTttl 17,2047 P�OSWI°Fax Note 7671 �'°�'/ D P�9ea�' cox reiC 'i�►�rGlc 1co. fkkt I. St•Cyr 7 Y:Beverly Snvcr 'Phe f pmme 0 Afethuen,MA 01844F#x d :Fax M �� c/o Gerald Johnston RE.: fF�to��r��m Ai7A�ppll�icatk in•Land 6A5T,Lott 15—Proposed Lots 1.5.1 1,1��r1�5J-2November �T q �1ML��.1 -. - Plu Tided"Pisa o Land in North Andover,M na*ueft"dated None� 24,LWO and Revised January 4,2007,Prgmmd by Merl'mask Engineering Servicers,Prepared f0r HO1Qtr J.St. Cyr, 1)e+6tr Mi.St.Cyr We arc in receipt of Form A Applic4ou filed November 30,2006 far the property located at 812 Salem Street,Assessor's Map 65,Lot 15 wi*frontage on Sakm SMO and Blue Midge Rod to create Lots 15.1 W 15-2. Upon review,the Form A application ha been DENMD because the plan did not comply with the ReglWxdcns Cov=iDg the Subdivision of Land dated Ndvemba,2000,last A=mdrd Decernbar 2002(North AEadover Subdivision Rules&Regulations)$or the following reason. ➢ Coudgmus Buildable Area The loss lira not meat the requirements of 3.2.,11 of the Town of Noah Andover Rules&Regulaboets and Sertka 7.1.1 Contiguous Buildable Area(CBA)of the North Andover Zoning Bylaw for duwxmiai ng the minimum CBA reW=d for a lot within lite R,esidetatial 3 Zoning District(23,000 at minimum lot sin). The.plan.incorrectly shins each lot satisfying the 75%tatiml num CBA Tequi r=out with Lot 15.1 containing CRA in excess of 25,000 s1:and.Lot 15-2 containing 25,000 III of M. Section 7.1,1 state's the fW*wirig, "As of Apri12Z8,1986, dw area of any new lot vrvatv4 vrcltcsrm of arca in a street or rworded way open to puNic sae,at leaat seventy five(75)percent ofthe ndninwm lot area requiredfor zoning,shall be contiguous lend other than land located widOn a lute identified as wetiand resource areas in accordance with the!Wetim k Prorecdon Act,Mosachwerrs Gmend Laws, ChVier 131.Section 40 and*Town of Nwrh Ardover Wetkwid Protection B*w,Chapter 178 of the Code of North Andome. At proposed sftemm not be strucred an said designated corrrigttotra tcttsd area."' lu accordium with.the North Andover Wetlands P'rosmuotn Bylaw,Section 178.214riediction,a wetland resmsce star►oowsts of 1) any isolated ve +d wetland, 2) any ephemeral pool, 3) any vvS4WZd wetland bardcring on auy creek,river,stream,pond Or 144, 1600 Osgood Strait,N Orth AnZever,Iliassscituselts 01345 Phone 913.681,9595 Fax 979,691.9542 Web www.iownofmodhandevor.com �pn,M Zoning Bylaw Review Form ��.'C`',.• �'' Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 North.Andover, MA.01845 Phone 9?8.688.9s4s Flax 978488.! Street: 810,812$atom Streot,.lot 16-2 Me 11.ot: 6tiM5-2 Ittant: o n Carroll Re uost: New single-family dwelling after razing existing dwelling. b8tro•: 10.2&07 Please be advised that after review of your Application and Plans that your Application is DENIED for the foliowing Zoning Bylaw rocas ns: Zohino District: R-3 Itfxn Notes Item Nae-a Lot area F Frontage 1 Lot area Insuffttaent 1 Frontage Insufficient 2 Lot Area Preexistin_ 2 Front® a Complies X 3 Lot Area Complies X 3 Prowdatino fronta 4 insufficlont information 4 InsuMclent information B Use S No-access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 InsuMclent Area X 3 Use Preexleting 2 Complies. 4 Special Permit Rt;qulred 3 PrepAsting CBA 5 Insufflclvnt Information 4 Inaufficiont Information C Setback H Building Height 1 All setbacks comp! X i Height Exceeds Maximum 2 Front Insufficient 2 Com lies X 3 Left Side insufficient 3 PreOxistl Height 4 Right Side InsuMclent 4 Insufficient Information S Rear Insufficient 1 Building Coverage 6 Preexisting setbacks 1 Coveraja exceeds maximum 'r Insufficient Information 2 Coverage Com lies X D Watershed 3 Coverage Preexisting 1 Not In Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Si n Compitt:s S• Insufficient Information 3 Insumc tint information E Historic District K Parking 1 in District review required 1i Mora Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient infflrm atlon Remedyfar the above is checked below. item 0 3 acial Permits Ptannin Baard Itom 8 Variamce sue Plan Review special r+ermrt SeMck Varlence Acee39 other than Frontage Spacli P;Mlt Parking Variance Frontago Excection Lot Special arm G-1 Contiguous Bulldablo Arom Variance CommonDdv�y§pedil Permit Haight Variance Congragaty Houeing Special Parma Variance for Sign continuing tars Rotlroment Specie►Permit S eelal Permits Zoning Bord Independent Elderly Mousing Spedal Penult Spenclel Permit Non-Conrorming Use 7E Leuge Esiate Conda pec a ermlt Earth Rommel SpWol Permit ZHA Planned DevelopmoN Dletrict Speclol Special Permit Uso not Lasted but Simil; • pemvR Planned Ro„lq@ntiel Special Pnrrntt Special rirmill for 2 Unit R-00ensity spocior Permit Softlet Permit Pro-oxtatlnp,'Non. Contiormtn weterehe4 spacial Permit Supply Addltlonal Information The above review and attached exp motion of such If;based on lite plans emd:nfonnallon submitted. No dnerative nrview And or stance W. N be based en vaftl explenstions by the applicant norshell sucl,vorW explanedonz by the applkent ewve le pmvkle deQniUvo annwers to the above reasons for DENIAL. Any Ineopawmles,m1tge.3dirV information.or other subeequont changes to the information submitted by the Applicant%has be grounds for this review to ba voided of the dlrerntipn of the 94#40ing 0eparttnemt The attsehad 4ocurnent•uflnd"Plan Review Nevelive'shad be attached he-roto and incorporated herein by r®terence. Thea bulldlrig depnrtrnent will ronin All planeand docum entitle” for the 1A,You must t! A now buildng permit applicritlon forth and begin the permrtting process: D ri f a ilding riplrtrtient mCt�1– t;Ig e `— iCatton ReCoivga A t Appl pot at on Donled Donial Sent: It Rexed Phone NurnberlDats: ! t3l. 40 �IOO SCC4Ib M-14L.In ,• � teview Narrshi rm owing.narrative Is provided to further explain'the reasons for dental for the building permit xoport. indicated on the reverse side: UZI A Variance from the North Andover Zoning Board of Appeals is required from: ."7.1,1 Coptigmus l&uitdsbk Arca(CBA,) As of April 28, 1986,the arca of tiny new tot crated,occlusive of area in a street or recorded way open to public use,At,lcast seventy five(75)pQ=nt of the minimum lest area required for zoning shall be contiguous land other than land located within aline identified as wetland resouree crass in mm.rdance with,thc WoElands.Protection Acct,Mansclhusem Ocaml JAwo,Chapter 131,Section 40 and the Town of Nuoltth Andover Wctland Protection Bylaw,Chapter 178 of the Code of Ncoh Apdover.'Tlte proposed sttuetnre trust be constructed on said dcOpated c 6ntipudnt;,land aces"of they Zoning Bylaw for relief from the 200 foot riverfrgnt Zone 6f Mosquito Brook in order to construct a single family dwelling on less than 75% CBA.. I I To: H lu, rJ� s- � AL Z rd wla rustier D h Ant of blii Wprks lletexkal C isatin 'WD=ia120W t INO DEPT