HomeMy WebLinkAboutMiscellaneous - 1132 SALEM STREET f 3
Town Clerk Time Stamp
Town of North Andover
ZONING BOARD OF APPEAJ,� RECEIVED
Albert P.Manzi TIT,Esq. Chairman
Ellen P.McIntyre,Nice-Chairman NOR*ril
Richard J.Byers,Esq.Clerk ?04 glur.° a, o 2007 MAR —6 PH 4: 24
Joseph D.LaGrasse c
David R.Webster _-
Associate Members
Thomas D.Ippolito `oy a.K n?'4� `t
Richard M.Vaillancoart 4°01TEC��' 1`1,ASSA Ij
Daniel S.Braese,Esq. 1SSACHUS��
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 rty at: 1132 Salem Street
NAME: Patricia Degan HEARINGS): November 14,2606
&February 20,2007
ADDRESS: 1132 Salem Street PETITION: 2006-037
North Andover,MA 01845 TYPING DATE: March 5,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,
1208 Main Street,North Andover,MA on Tuesday,February 20,2007,North Andover,Massachusetts
upon the application of Patricia Degan,1132 Salem Street(Map 106.A,Parcels 52&53),North Andover
requesting a dimensional Variance from Section 7,Paragraphs 7.1&7.3 and Table 2 of the Zoning Bylaw
for relief of lot area for both parcels and the front setback of the existing dwelling on Parcel 52 in order to
construct a single family dwelling on Parcel 53. Said premise affected is property with frontage on the East
side of Salem Street within the R-1 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 October 23&October 30,2006.
The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,
David R Webster,and Daniel S.Braese. The following non-voting members were present: Ellen P.
McIntyre,Thomas D. Ippolito,and Richard M.Vaillancourt.
Upon a motion by Joseph D.LaGrasse and 2rd by Daniel S.Braese,the Board voted to DENY the
Variance. Voting in favor of the Variance:Albert P.Manzi,III. Voting to deny the Variance:Joseph D.
LaGrasse,Richard J.Byers,David R.Webster,and Daniel S.Braese.
Page 1 of 2
1600 Osgood Street;Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
M �
Town Clerk Time Stamp
Town of North Andover
ZONING BOARD OF APPEAL. ,,
Albert P.Manzi 111,Esq.Chairman
Ellen P.McIntyre, FFice-Chairman NORTH
pf�T,_%D �6q~� 2097 MAR _6 PILI 4: 24
Richard J.Byers;Esq.Clerk . 6
Joseph D.LaGrasse o o�
David R.Webster ~ A
Associate Ifenibers riNTH ink' >
Thomas D.1ppolita '� 09 „•„.• ," +` S C',P',`:7'1
o rP`fig
Richard M.Vaillancourt � �q,T.b•
Daniel S.Braese,Esq. 9SSAcHUS��
The Board finds that the applicant has not proven that the statutory requirements of Mass.Gen.L.ch 40A
§10, ..."circumstances relating to the soil conditions,shape,or topography of the land or structures and
especially affecting this land"... are present at 1132 Salem Street,Map 106.A Parcels 52&53,in order to
allow the Board to divide a conforming lot into two non-conforming lots. The Board finds that several
abutters were in opposition The Board finds that the applicant has not received the four affirmative votes
required to grant a variance.
Town of North Andover
Board of Appeals,
P.Manzi a Esq. rman
P.McIntyre,V1 -Cludrnxm
Richard J.Byers, Clerk
s' Joseph D.
David R.Webster
AssociateMenbers
Thomas D.Ippolito
Richard M.Vaillat
Daniel S.Braese,Esq.
Decision2006-037.
M106.AP52&53.
Page 2 of 2
v
.1600 Osgood Street,Building 20 Suite 2-36,North Andover.Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com
Of NaRTy
o Town Clerk Time Stamp
RECEIVED
2001 JAN 12 PM 3: 21
�A<K.ucMtw.cx 7`
�RSSACHU`,,E� As aps
S,1 4 i 2 �s•
ZONING BOARD OF APPEALS NORTH 00'M R
Community Development Division fAti;ii � k
Date VI i
Zoning Board of Appeals
1600 Osgood Street "
North Andover MA 01845
•
Please be advised that I have agreed to waive the time constraints for the North Andover
Zoning Board of Appeals to make a decision regarding the granting of a
anance
'Special Permit
Comprehensive Permit(40B)
Finding
for property located at:
STREET: j 1 .� �L Sri�P✓►� S I Y le P-
MAP: 106 ' a PARCEL: 3
TOWN: I J k AqC ,2)er, m TO MEETING DATE(S): t 14 Q V 4- Gly 7
l � i
NAME OF PETITIONER: ci I f 1 C.I C' C4 V11
Signed:
Petiti ner(or petitioner' presentative)
o � c� r� od �
JAN 1 1600 Osgood Street,North Andover,Massachusetts 01845
L `uu Phone 978.688.9541 Fax 978.688.9542 Web wwwJownofnorthandover.com
BOARD OF APPEALS
EDWARD h gAHE HANLEY
MOON 2360 PACE 122
ASSESSORS MAP tOSA PARCEL 151
/1212 SALEM STREET
SALEM ST JOHN t FUER DOWAISY
BOOK 4653 PACE N
ASSESSORS MAP 106A PARCEL SS sOrsa3ss--,.-
p110 sALEu sTREEr
37.77 0
S11'7b'7?� -�-
417E 87.03
a•W
L001 MAP N.T.S FOR REGISTRY USE ONLY
SN"
IRON
PIPE , -w�f
FOUND ASSESSORS MAP 106A PARCEL 52 N/F I
AREA.1.5 ACES GEORGE t WANDA FARR
gpp�1087 PACE 318
.. ACRS MAP tO6A PARCEL Sb
1� Nat"" _ 1180 SALEM STREET
b APPROVED: NORTH ANDOVER ZONING BOARD OF APPEALS
WE
# t
'. 1 $ Qk
�
N� ASSESSORS MAP 106A PARCEL 53--
ANDRE t KATHLEEN ABOU-Fuwe /� ARfb.t
0.80 ACRES �rF
BOOK 4197 PACE 278 �../ 57 ' PROPOSED 107 192 SF
ASSESSORS MAP 108A PARCEL 45 c S _ AREA.66.535.8 S.F.
/1116 SALEM STREET 1 1.3 ACRES
g PROPOSED LOT #1
F.
EA - 45,427.4 S. J
1.04 ACRES � �_._.. _,..-�--
47.0'
2f//R10 TAIL
ZONE R-1 3
REOUFED EfOSiINCI Sly
PROPOSED. 'd:. {A GARAGE
1
SIDE 1942,9' 428j} � 11
PORCH
REM 30,
LOT A 57,120 ILE 173* 45.a.41-F./66A35.6 S.F. rt
72.x.
FRONTAGE 6 17500' 179./9'/198.09' At .. .
THIS PLAN THE DESALT OF AN ON GROUND
...,
(7O BD SSURVEY ...., E REMOVED)
PERFORMED BY NEW ENGLAND ENGINEERING ON OCTOBER 10.2008. !. PRROPOSED
y FOUNDATION
M 2 STY
)v 48.8' W.F.D.` i /1132
DREL :1 39.e' 357 3&6' GRAPHIC SCALE
HOLE * STONE WALL
FOUND r TOTAL FRONTAGE-129-OW
TOTAL FROM AGE-179.19' 1x12 10.6'
1 7 1 ? L-60.56' 1,105-07126-V (81 TRT)
NO!'SG'24N 166,64•:- ,
z.
DRILL
HOLE p.
FOUND OF
166.64' SALEM s
(1973 COUNTY LAYOUTSTRM
I(ERRFY THAT WAS F4AfEII 1R
i. 1973 ESSE7(COUNTY LAYOUT-SALEM STREET 711E PURPOSE OF THIS PLAN IS TO RE-SUSOIVIOE ASSESSORS CONFORMANCE RULES AN ONS -
2))NERD.PLAN/7302 PARCELS 52 AND 53 INTO TWO NEW LOTS CONTAN9NG AT LEAST OF THE REC
3.)N.ER0.PLAN/8135 1 ACRE EACH 14 4
RECORD OWNM RICHARD AND JOANNE ADAMS
RECORD OEEIk BLOC 7728 PALE 221
PROFE5MUNAL LAN
y
TOWN OF NORTH ANDOVER VARIANCE _
ZONING BOARD OF APPEALS 2006 OCT 13 PM ''
NAME: �i4!tztct
ADDRESS OFAPPEAL: /t 3.2 SR&F-'+ sTeRE7 N. stamp
cot ' .4 s
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be STEP S: SCHEDULING OF HEARING ANO
submitted thirty 30 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:
k 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 plan 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 ail 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.
STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
Petitioner submits one (1) original and ten (10) frrox the decision, the Mylar, and any accompanying plans at
:opies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, '-181
office to tie certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the
-:7d date .^,f filing. The original will be left at the Town Certification of Recording form ,and forward it to the
°ark's Cffire, and the 10 Xerox copies w i(I to left with Zoning Board of Appeals and to the Building
�,e ~r q card of :peals.3ecretary. Cepartment.
r9P ;RTANT PHONE NUMBERS:
-X533 3Efice .f!�k�rrrrrtur ity ►.Qv. ,r r: eS `loath:��r€ rwar rc�vn i'�ail
16CC r�sg,-.-cd tr�et, %0 Fain Street
:. .. 3-°
-Ax f';r�; r.�r�ri�?i'y iW e, �€1pa-=i t _ :i�:_s
.
3 of
1
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lGiU.
PAGE 2 OF 4 w n w RIANr►�
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VACE
Please complete all items 1 - 10 below:
1. Petitioner: *Name, *Address and telephone number:
-F'gT"2tc i,* 6-4N /I,3 z —In e A-). r9N c/L
vter Ll-c-
*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:
P,�-�I c c r4 ,�G=�r,�v /�3 z sly c-C-tit s��'T N ,4.✓��� .�-c-4 B�$`tS`
Years Owned Land: 2 rnt rKs
3. Location of Property:
a. Street: /i.3Z Zoning District: P-1
b. Assessors: Map number: /0Lot Number: 3
c. Registry of Deeds: Book Number: l0 3-<S- Page Number: a S:9
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Ti R e-tF 2- 5v,vt.44-A!L 0L- z>l" 4F:'VSf0Aj +— r26-16 .UtaG14A �?-S
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
L(_pw A 7{IF 0 If- A4,v C-X11(7Ny R-G R/LGG—L i v ��3 2 �
U.) Ptwcf L�s w"TH I.my .lvo i 3 Rte.
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)
l of Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A.qL, 3 %
s % - t 4. Ll -
-�e- �X15T(N � Nc�i✓ CONI�R+MLNS �WEI�t..(^'S
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
!off A 378.,23 r« l z3
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
A5--Y.;2 /79. q -;,5,z
�5 ni h- �1-111A / .oQ 10.6 7 3
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
7A. Existing Building(s):
F Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* of'Units**
i p 2 32t AY OL) Qcs,puTGl D. ctlty�
*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**
Z f 3Say c �i. ct tot ® t A- EXA t G--
2-,sal o 2.. 32` o= cs• e.1i l�l t��..�G�� __�_-__
*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"lay
result in a dismissal by the Zoning Board of this application as incomplete.
Signature: E ,yam
Type ebcve name(s) here A- Drc,a�-, —
PAG 4 OF .4
VARIANCE
3. WRITTEN DOCUMENTATION '10. U. °PNn 3pec,f1cations:
^application for a Va<ian.ce rest be supported by a I) Size of plan: Ten(10 ) paper copies !:,f.3 Man not
egibly written or typed memorandum setting forth in -o exceed 11'x17', preferred scale of l'?=40'
detail all facts relied upon. When requesting a Varisnce in One(1) Mylar, Nith one block for Registry use
from the requirements of MGLA ch. 40A, Sec. 10.4 and Cnly, and one black for five (5) ZBA signatures & date.
the North Andover Zoning By-laws, all dimensional III) Plan=hall be prepared, stamped and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
supported. All points, A-F, are required to be i,Lotethat plans bya Registered Professional Engineer,
addressedwith 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 !vithin 50' from •applicants proposed stnlcture
enforcement of the applicable zoning restrictions 7. deed restrictions, easements.
with respect to the land or building for which the m Legend&Graphic Aids shall include:
variance is sought. I. 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 Gashed lines
sought will be desirable and without substantial 3. Graphic Scales I
detriment to the public goad. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
6. Names;addresses and hone numbers of the
sought may be given without nullifying or p
substantially deapplicant,from the intent or purpose owner or record, aced land surveyor.
of the Ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Mirror Projects
Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages,
.aoplic ation. shall require only the plan information ,as iodicated Vith
an.asterisk(*). In some e'Ases further information may
10. PLAN OF LAND be required.
`ach application to tNe 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,�ndc�c,r_
prior to the public Dearing before the Zoning Bcard of -.4022-1760-4841"for the cast of first class, certified,
-appeals. return receipt($4.64 as of January 2006)x#of all
parties in interest identified in MGLA oh. 40A§11 on",he
A set of building elevation plans by a Registered abutters list for the legal notice check. , iso. the
Architect may be required vv hen the.application applicant shall supply first class postage stamps
Livolves new constructicn/conversion/and/or a ;currently 39¢)x the#of parties of iiJerest an the
l ropcsed rharage in use. sbutter's list for`he decision m,-iiling.
10,. A. Major Projects 11. 9. thailing lobels:.1pplic;art 4i all parr vide `our ;1)
,:jrr pr-;n,-.ts ,ire he se .which involve .k,a, ^f the -pts of railirg ! I els :ro'.ir,er than 1 3" f;3 c }es
t ,pfEE' r?ncR:4'r ?rr r�'r rcgd. ;r'hz l_aqal, :rd '1ne L CY ft'r
!r :� .h"T•3f1t:e'fir' p ,1�"�wiR sy'°ire,y13A, (! f r,,r.4' frr
a - .•, _ .l ,'e E'. )j�:ar�' �e. :r -rd �1`1 .I :I.?lm 4"J.4-i c.o 'n-1:;_'t
. J _ °'dt '.M'3t � rE ar., :i1 ` _,,._ l.N :` .t _ _..'•S. .:: :at:�rt!B+'t�!t.''!
µo€ry
Zoning Bylaw Review Form
p Town Of North Andover
c "°* Building Department
`J 99D'+nren pYF�.�
1600 Osgood Street, Building 20, Suite 2-32
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 1132 Salem Street
Ma /Lot: 106.A/52&53
Applicant: Patricia Degan
Request: Construct new single family dwelling
Date: 10-12-06
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-1
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient X 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies X
3 Lot Area Complies 3 1 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
3 Use Preexisting 2 1 Complies
4 Special Permit Required 3 1 Preexisting CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply X=Lot 1 1 Height Exceeds Maximum
2 Front Insufficient X= Lot 2 2 Complies X=Lot 1
3 Left Side Insufficient 3 1 Preexisting Height X=Lot 2
4 1 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
D Watershed 3 1 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 C-2 Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit A-1 Lot 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 Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign
R-6 Density Special Permit Other
Watershed Special Permit Supply Additional Information
The above reviewand 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 abQve file.You must file a new building permit application form and begin the permitting process.
"-'--A14111z - 1/0d 6
B ding epartmenf Jffici6l§gnatur Application Received A licafion Denied
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:
x
z
A-1 A Variance is required from the Zoning Board of Appeals under Section 7.1
(Lot Area) &Table 2 of the Zoning Bylaw for the 2-acre R-1 lot area in order
to divide parcels 52 & 53 into Lot 2 (existing single family dwelling) & Lot 1.
C-2 A Variance is required for the front setback on the existing single-family
dwelling of proposed Lot 2 from the Zoning Board of Appeals under Section
7.3 (Yard Setbacks) &Table 2 of the Zoning Bylaw.
I
Referred To:
Fire Health
Police X Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
NEw ENGLANDENGBEEffiNG SERVICES, INC..
1600 Osgood Street
Building 20 Suite 2-64
North o th Andover MA 01845
Tel: (978) 686-1768 • Fax: (978) 327-6138
Benjamin C. Osgood, Jr., P.E.
October 12, 2006
President
North Andover Board of Appeals
1604 Osgood Street
North Andover, MA 01845
Re:Assessor's Map 106-A Lots 52 and 53 Salem Street,North Andover
Variance application
Dear Madam Chairman:
Please accept this letter as a memorandum in support of the request for a variance for the
above referenced property. The particular supporting information as required by the
application is outlined below.
A. The particular use proposed for the land or structure.
The proposed use for the proposed structure is as residential single family dwelling.The
dwelling would be occupied by the applicants step son.
B.The circumstances relating to soil....which do not affect generally the ening
district in which the property is located.
The property was shown on a plan in 1956 as two conforming lots.When the zoning was
changed in the 1980's the two lots were in single ownership and were not protected from
the zoning change. The resulting lot combination is the only two acre lot along Salem
Street.The current owner would like to return the property to two lots which would be
more like all of the lots along that stretch of the roadway.
C.Facts which make up the substantial hardship,financial or otherwise,which
would result from literal enforcement of the applicable zoning restrictions with
respect to the land or the buildings for which the variance is sought.
The applicant would like to construct a dwelling for a family member. The applicant has
a family situation where a relative requires care and needs to live with the applicant. The
applicant would like her husbands' son to live in town and be able to provide some of the
care and generally be closer. The current real estate values prohibit him from purchasing
a home in the neighborhood.By allowing this additional lot the applicant will be able to
provide an affordable place for her stepson to reside in North Andover
D.Facts relied upon to support a finding that relief sought will be desired and
without substantial detriment to the public good.
The property is located in a single family residential zone. The use will remain as single
family dwellings. The proposed dwelling would be located a large distance from the
structures on the adjacent property and will not be detrimental to those structures or the
neighborhood in general. The resulting lots would be the same general configuration as
the majority of the lots in the Salem Street/Forest Street area,most of which were
developed while the area was part of the R-2 zoning district.
E.Facts relied upon to support a finding that relief sought may be given without
nullifying or substantially derogating from the intent or purpose of the ordinance.
The intent and purpose of the bylaw is to protect the inhabitants of the town and the
properties within the town. Since the property is residential and the neighborhood is
residential there will be no degradation of the neighborhood which is consistent with the
purpose and intent of the bylaw. The fact that a family member will be afforded a place to
live in the town will further enhance the close knit family feel of the town.
F. The wetland line was approved by the conservation commission in conjunction with
the installation of a septic system several years ago.
I will be at your next meeting to make a presentation to the board and to discuss this
matter.
Sincerely,
9.;W
C U/,Jr.,
Ber j' n C. Osgo P.E.
President
NEw ENGLANDENGINEERING SERVICFS9 I NG
1600 Osgood Street
Building 20 Suite 2-64
North Andover, MA 01845
R-1: (978) 686-1768 • Fax: (978) 327-6138
Benjamin C. Osgood, Jr., P.E.
President
BK 10355 PG 253
euittla tm Oeeb
We, Richard D. Adams and Joanne Adams,husband and wife of 114 Stonedeave Road, North
Andover, MA 01845,
In consldersdon of Four Hundred Ninety Five Thousand and 00/100($495,(00.00),
as hwla.�a a r•�w 0.s iw.r+�w.,ks `�+•, re
a►�� n '
grant to Patricia DegarOadi�,of 1132 Salem Street, North Andover, MA 01845,with quitctacm
cotenants the land with the buildings thereon situated in said North Andover,shown upon a plan of land
recorded and entitled"Plan of Land, Property of E.M. Kruschwitz Estate,North Andover,Mass."Dated
May, 1956 and drawn by R. B. Parkhurst,Surveyor,of Boxford,Mass,,recorded in the North Essex
Registry of Deeds as Plan No.3302, more particularly bounded and described as follows,to wit:
Beginning at a point on the easterly side of Salem Street in said North Andover at land now or
4 formerly of C. Low;thence running easterly 240 feet by said Low land to land now or formerly of C. Farr;
thence turning and running southerly 370 feet by said land of C. Farr and land now or formerly of M.
qJohnson to land retained by us;thence turning and running S 89 15'W 298 feet partly by our land and
2
partly by land of the Fuller heirs to said Salem Street;thence turning and running northerly along said � ISalem Street 380 feet to the point of beginning;containing 2.3 acres.
Being a portion of the same premises conveyed to Richard D.Adams and Joanne Adams,bleed
dated January 3, 2003,and recorded with said Registry of Deeds in Book 7728, Page 221. , w
D
In Vitnegg 19bereof, e said Richard D.Adams and Joanne Adams have caused these �� 4
presents to be executed this day of August,2006. w
JldjunrcEtweta� F
in am of S ._ Ri D.Adams
affixed and cancelled an
. o
"rnartntrntnt: r.�
cid Jo ams co
Cr
Commonwealth of Massachusetts Cr
Essex, ss
On this day of August,2006,before me,the undersigned Notary Public,personally appeared
the above-named Richard D. Adams and Joanne Adams,proved to me by satisfactory evidence of
identification,being(check whichever applies):[v f 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 signatories,or[ ]my own personal knowledge of the identity of the signatories,to be the
persons whose names are signed above, and acknowledg foregoing to be signed by them,as their
free act and deed,voluntarily for its stated purpose.
Before me,
j Patricia J. Nolak, Notary Public
e°
" WWAW My commission expires:September 22,2006
Mr o«
MwrMw
�s�
Abutter to Abutter( ) Buf7ding Dept ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Sal W pronertl
MAP PARCEL Name Address
106.A 82 Richard Adams 1152 SALEM STREET,NORTH ANDOVER MA 01846
_Abutters Pravertles
106.A 55 Ellen Dowaliby 1110 Salem Street,North Andover MA 01845
106.A 181 Edward Hanley 1212 Salem Street,North Andover NIA 01845
106.A 44&53 Richard Adams 114 Stonecleave Road,North Andover MA 01845
106.A 45 Andre Abou-Farah 1116 Salem Street,North Andover MA 01845
106A 33 George Farr P.O. Box 35,North Andover MA 01845
106.A 42 Andrea Hennessy 1160 Salem Street,Nath Andover MA 01845
106.A 121 Kathleen Rohde 1190 Salam Ste,North Andover MA 01845
106.A 50 Sam Dantonio 1155 Salem Street,North Andover MA 01845
106.A 49 Frank Di Salvatore 1099 Salem Street,Nath Andover MA 01845
106.0 3 Commonwealth of MA 100 Cambridge Street,Boston MA 02202
This certifies that the names appearing on the
records of the As es r O e as of
Certified by. _DateA-7,
c�uitcCin� ee� BK 6310 P6 300
I, Eleanor M. Flanders,Trustee of the 1132 Salem Street Realty Trust, under declaration of Trust
dated July 1, 1996 and recorded with the Essex County Registry of Deeds in Book 4541, Page 218,of
1132 Salem Street, North Andover, Essex County,Massachusetts 01845,
in consideration of less than One Hundred and 00/100 Dollars,
grant to Eleanor M. Flanders,Trustee,or her successors in Trust,of the Flanders Nominee Trust,under
a Declaration of Trust dated July 31,2001,and recorded herewith,of 1132 Salem Street,North Andover,
Essex County, Massachusetts, 01845,with quittiaim tobtnattte the following two tracts of land with the
buildings thereon situated in said North Andover,more particularly bounded and described as follows,to
wit:
First Tract-Beginning at a point on the easterly side of Salem Street in said North Andover at land now or
formerly of C. Low;thence running easterly 240 feet by said Low land to land now or formerly of C.Farr;
thence turning and running southerly 370 feet by said land of C. Farr and land now or formerly of M.
Johnson to land retained by us;thence turning and running S 89 15'W 298 feet partly by our land and
partly by land of the Fuller heirs to said Salem Street;thence turning and running northerly along said
Salem Street 380 feet to the point of beginning;containing 2.3 acres;being a portion of the first parcel of
land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz,husband and wife,as joint tenants by 1p,
George F.Juenger,Administrator, by deed dated November 4, 1914 and recorded with the North District of
Essex Registry of Deeds, Book 350, Page 253. The said Paul H. Kruschwitz died on January 3, 1040. The
grantors are the heirs of the said Elsie Marie Kruschwitz who died on December 15, 1952. See Essex
County Probate No. 239,899.
--- AUG 15'01 AM8:38
Second Tract-Beginning at a point on the west side of said Salem Street in said North Andover at land
now or formerly of W. Green;thence running southwesterly along said W.Green land 77.5 feet to land or
location of the Boston &Maine Railroad;thence turning and running southerly by the same 670 feet to land
retained by us;thence turning and running easterly 107 feet by said land retained by us to said Salem c
Street;thence turning and running northerly along said Salem Street 699 feet to the point ofbeginning;
-48
containing approximately 1.17 acres;being a portion of the third parcel of land conveyed to Paul H.
01
Q Kruschwitz and Elsie Marie Kruschwitz, husband and wife,as joint tenants by George F.Juenger,
Administrator, by deed dated November 4, 1914 and recorded with the North District of Essex Registry of st
Deeds, Book 350, Page 253. The said Paul H.Kruschwitz died on January 3, 1940. The grantors are the
heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No.
239,899. ,
Both of said tracts are shown upon a plan of land recorded and entitled"Plan of Land, Property of E. M.
Kruschwitz Estate, North Andover,Mass."Dated May, 1956 and draw by R.B. Parkhurst, Surveyor, of
Boxford,Mass.
Being the same premises conveyed to Norman P. Flanders and Eleanor M.Flanders,as Trustees
of the 1132 Salem Street Realty Trust,by deed dated July 1, 1996, and recorded with said Registry N
of
Deeds in Book 4541, Page 221. Said Norman P. Flanders died onto a too ;see
�DT�
Death Certificate and Affidavit Regarding Estate Taxes recorded herewith.
j BK 6310 PSG 301
3n WIt"CON Ubtreef,the said Eleanor M. Flanders has caused these presents to be executed
this 31 day of July, 2001 as Trustee aforesaid,
Eleanor M. Flanders
Zbt +lCommontnta[tb of Anzatbuzeft
Essex,ss. July 31,2001
Then,personally appeared the above-named Eleanor M. Flanders and acknowledged the
foregoing instrument to be her free act and deed,as Trustee aforesaid,
Before me, y !1
MarybethZ(o
nis,Notary Public
My comm i expires: December 18,2003
Return to:'q Marybeth McInnis, Esq.
807 Turnpike Street
N. Andover, MA 01845
gy,QRTg.r
Town Clerk Time Stamp
° F }}r l EQ {
�' $ 4}0H
t 1
nq 4 socw[ywzn 1`®ry
STEO`5'4� '�y 2006 NOV 16 PM 1. 13
SAcwus�
ZONING BOARD OF APPEALS 5
Community Development Division lW)O[�
Date
TO: Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
=Variance
Special Permit
Comprehensive Permit(40B)
Finding
for property located at:--d
STREET: eV►�1 �r-'e e
MAP: j 0 6 4 A PARCEL: or S 3
TOWN: North Andover MA 01845
TO MEETING DATE(S): oc-rewlpr f t ?
I r
NAME OF PETITIONER: ly) G0 G? h
SIGNED:
Pet' loner(or petitionges representative)
3
�t 0, 1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web www.townofoorthandover.com
t4ORTH Rt
Town Clerk Time Stamp
O E EI ED
2006 MOV 16 Phi 1. 13
"� QORATMP tpP °Qy
�SSAC6dtB���
ZONING BOARD OF APPEALS T
(ommunity Development Division NORTH ANUUVE'-\,
M0d USE-T 'S
Date
TO: Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
LVariance
Special Permit
Comprehensive Permit(40B)
Finding
for property located at:
STREET:_sem,I2 V0 5�Y-e2+
MAP: a) 6 . PARCEL:
TOWN: North Andover MA 01845
TO MEETING DATE(S): '-O&GEMA or -doo
NAME OF PETITIONER: E Icy j&,({ fl nen 1 A ee f v a5l
SIGNED:
Petiti er(or petitiones representative)
NOR
1600 Osgood Street,North Andover,Massachusetts 01845
f `N� Phone 978.688.9541 Fox 978.688.9542 Web www.townofnorthandover.com
AP`
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1318
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Richard & Joanne Adams
computer, use Name
only the tab
key to move 114 Stonecleave Road
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. _City
/Town Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Richard &Joanne Adams
Name
7/18/05 242-1318
Dated DEP File Number
3. The project site is located at:
1132 Salem Street North Andover'
Street Address Citylrown
Map 106A Parcel 52
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North Document#27999
County
Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
3/17/06
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7/13/04
Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
�
WPA Form 8B — Certificate of Compliance DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1318
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:
64
C. Authorization
Issued by:
North Andover
Conservation Commission Datelof Iss-ifance
This Certificate must be signed by a majority of the Conservation Commission a a copy sent to the
applicant and appropriate DEP Regional Office(See Attachment).
Signatures:
Ll
ru
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
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1318
Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day _ OfL
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
ioM�M�ili�ilir i
n,: DONNA IIA.WEDGE
WTAW Pw-SUBLIC
COMMOWEATH OF MHUSEM
My Comm.Expires Aug.7,2009
Signature of Notary Public
.D0�21)4 121
l
r.)C)NNA M.WEDGE Printed Name of Notary Public
„ is
My Commission Expir s(Date)
Place notary seal and/or any stamp above L7�
Si a r
to a of NotaryPublic
P
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 242-1318
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:
242-1318
Project Location DEP File Number
Has been recorded at the Registry of Deeds of
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc-rev.7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
f
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchenown 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 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 Wellfteet
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 Sherborn 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.3117/06 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands . DEP File Number:
WPA Form 5 - Order of Conditions 242-1318
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: From: North Andover
When filling 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 Richard & Joanne Adams
use the return a. First Name b.Last Name c.Company
key. 114 Stonecleave Road
d. Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
1132 Salem Street North Andover
a.Street Address b.Cityfrown
Map 106A Lot 52
c.Assessors Map/Plat Number d.ParceVLot Number
Latitude and Longitude, if known (note: 42-39'-45" 71-04'-13"
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)
6310 300
c. Book td:Page
6/10/05 '71l1/05 ? I S
7. Dates: a.Date Notice of Intent Filed b.Date Pful5llic earing'Closed c.Date 6f Iss ante
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Plan of Subsurface Sewage Disposal System Upgr-,Ae.•
a. Plan Title
Merrimack Engineering Services, Inc. Anthony Donato, P. E.
b. Prenared By c.Signed and Stamped by
—//1106, 1" =20'
d. Fi�evision Date e.Scale
f.Additional Plan or Document Title g. Date
s. Total WPA Fee Paid: $385.00 $42.50 $342.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.311105 Page 1 of 9
Y �
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1318
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
f. 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. Z Prevention of Pollution
d. Z Private Water Supply a. ❑ Fisheries f. Protection of Wildlife
Habitat
g. ® Groundwater Supply h. Z 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 10.06(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 bounds if available)) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration ration Re lacement 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.doc• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1318
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. ❑ Riverfront 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
1o. ❑ 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.Gy nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.cty 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. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
i I
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
1 WPA Form 5 Order of Conditions 242-1318
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 242-1318 "
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1 S
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1318
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
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Massachusetts Department of Environmental Protection L7)
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1318
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. Is a municipal wetlands bylaw or ordinance applicable? ® 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 bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE #242 — 1318
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.
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DEP FILE#242-1318
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 of Conditions is issued under File No. 242-1318.
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: The installation and upgrade of an existing septic system
with associated grading activities in the buffer zone to a Bordering Vegetated Wetland.
Notice of Intent Filed by: Richard &Joanne Adams (Applicant)
114 Stonecleave Road
North Andover, MA 01845
Dated June 10,2005
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Site Plans Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Entitled "Plan of upgrade Subsurface Sewage
Disposal System", dated January 5,2005 with revisions
made through July 1,2005.
Stamped & Signed by Anthony Donato,P.E.
29. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland(BVW). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
30. The NACC agreeswith the applicant's delineation of
the wetland resource areas on the
site as shown on the plans dated referenced herein.'
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DEP FILE #242 - 1318
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot(25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
32. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
33. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commission's 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.
34. 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
35. 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.
36. 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
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DEP FILE#242 — 1318
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
37. 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 242-1318."
38. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
39. 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.
40. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/erosion control devices and re
vegetation to be completed before other work begins on-site.
41. 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 ptoject 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.
42. 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
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shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
43. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 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.
44. A check payable to the Town of North Andover shall be provided in the amount of
$1,500,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.
45. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion
Control Monitor" (ECM) to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and phone
number of the erosion control monitor must be provided to the NACC in the event that
this person has to be contacted, due to an emergency at the site, during any 24-hour
period, including weekends. This professional must submit a letter on company
letterhead stating they have been retained as the project's Erosion Control Monitor.
The designated Erosion Control Monitor is subject to approval by the NACC. This
person shall also be given the authority to stop construction for erosion control purposes.
The ECM 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.
46. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC
shall certify 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 EMC 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
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DEP FILE#242—1318
wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts. The reports shall also include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
47. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone"with seven(7) signs or markers evenly spaced every 25-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.
These markers can be purchased at the Conservation Department for$2.00 per marker.
The applicant shall instruct all agents to explain these markers to buyers / lessees /
landscapers and all persons taking over the property from the applicant.
48. 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 via "Appendix A"
signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
49. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer,wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. 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).
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DEP FILE#242 - 1318
DURING CONSTRUCTION
50. Upon beginning work, the applicant shall submit written progress reports every month
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.
51. 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.
52. No exposed area shall remain unfinished for more than thirty (30)days, unless approved
by the NACC.
53.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be riprapped, or biodegradable erosion controls to provide
permanent stabilization.
54. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area. All soil stockpiles should be located along the southwestern portion of the
property, as depicted on the record plan.
55. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage
system, or wetland resource area.
56. 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.
57. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
58. 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.
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AFTER CONSTRUCTION
59. No underground storage of fuel oils shall be allowed on an lot within one hundred 100
�' g Y ( )
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.
60. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity.
61. 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.
62. 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.
63. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
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/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
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DEP FILE #242— 1318
➢ "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, stonewalls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes AU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
64. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition#31);
➢ Discharge or spillage of pollutants (Condition#58);
➢ Prohibition of underground fuels (Condition#59);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition
#60).
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DEP FILE #242— 1318
APPENDIX A'—AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and/ or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20---, I inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of ,20
(Authorized agent of
applicant or owner)
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, 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1318
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 7//p
condition pursuant to General Conditions#4, from the date of issuance. T Date of l suance
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 of 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 ional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
C</
otary Ackno dement
Commonwealth of Massachusetts County of Essex North
On this 1,3 of a aDOs
Day Month Year
Before me, the undersigned Notary Public, -SCO-R- Hasse.
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 ignature of Notary Public
COMM
Cw eutx OF 7.2009s 'Daal)h /0-
�r� Aug.�•�,zoos
Printed Name of N tary Public
Place notary seal and/or any stamp above & 7
My Commissio Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on Q/'by certified mail, return receipt requested,on
7 f8'�oS
Date Date
wpaform5.doc• rev.311105 Page 7 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
Ll WPA Form 5 - Order of Conditions 242-1318
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.
Page 8 of 9
wpaform5.doc• rev.311105
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1318
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. 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:
242-1318
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc- rev.3/1105 Page 9 of 9
E NORTN
<<`'" ' . o Town Clerk Time Stamp
RE
-" 2006
�..:.r. 1 Ptd 1• '
ACHUS --qq
ZONING BOARD OF APPEALS N 0.R T H A NQ�?$r
Community Development Division 1°I��SS , E, Q,
Date f t 2 t>
Zoning Board of Appeals
1600 Osgood Street `
North Andover MA 01845
1
Please be advised that I have agreed to waive the time constraints for the North Andover
Zoning Board of Appeals to make a decision regarding the granting of a
ariance
peri Permit
Comprehensive Permit(40B)
Finding
for property located at: /
STREET: 113 o? l e V0 572e G
MAP: PARCEL:
TOWN: /t/o )z-W
TO MEETING DATE(S): -207
NAME OF PETITIONER:
Signed: 9, C
Petit' ner(or petitioner' representative)
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com
Of NORTFj
?0«4t,-a 0 *,,I Town Clerk Time Stamp
t-E C EIVED
T
2006 OCT 16 }n✓M 1
2: 58
^pAOeecwl<wl.Wc"�
?1 gwrta��
9SSACNU5��
ZONING BOARD OF APPEALS N0 R f It #,,_ ,[
Community Development Division
SSAt -I
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 top floor of Town Hall, 120 Main Street,North Andover,MA on
Tuesday the 14th of November, 2006 at 7:30 PM to all parties interested in the
application of Patricia Degan, 1132 Salem Street(Map 106.A,Parcels 52& 53),North
Andover requesting a dimensional Variance from Section 7, Paragraphs 7.1 & 7.3 and
Table 2 of the Zoning Bylaw for relief of lot area for both parcels and the front setback of
the existing dwelling on Parcel 52 in order to construct a single family dwelling on Parcel
53.
Said premises affected is property with frontage on the East side of Salem Street within
the R-1 zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street,North Andover, MA Monday through Friday during the hours of 8:30AM to
4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chairman
Published in the Eagle-Tribune on October 23 &October 30, 2006.
Legalnotice 2006-037.
M106.AP52&53.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.6889541 Fax 978.688.9542 Web www.townofnorthandover.com
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