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STACK, KEVIN
Town'of of No xt h Andover _. . ZONING BOARD 4F APPEALS 1lbert.1'•Mani]10,lest+.(J"b:WnN l{tJrnY.11cLtnrr,f .r•Clianvon Kuharil 1 litcn,F'(1-Do'k. f.WO k QQ S1`• t lt,:�q,h t1.l.ut�ra-a• �,!i��rota. ws�"L�,6� .:ii7 v � f 2 t rl a:• UG krr-Larti kl 1'adhtrtrnrct � " ' � . d rrec ane alrNGrn y ttr+ i It. t) Ipt,t.lit.. l):init.l1,1irAt c,l•:;y. ,i "°"Rars.a'P• �`. s 2�t FIA ., �'fs'NCilu`SF' Town t tcrk Ttrru.:Marry Minor,Modification.to Notice of Decision Year 21107 Decision Address: 0 Berry Street NAME: Kevin Stack MODIFICATION DATE; 8-12.2008 ADDRESS- 0 Berry Street.(Map 106;-R:F�W C q I PETITION, 2007.016` The North Andover Board of Appeals-bt4ld a regular public hearing on Tuesday August 12,2008,at 7:30 PM in the Town ball top floor meeting room.120 Main Street,North Andover,MA upon the application of Kevin Stack requesting that the North Andover Zoning Board of:Appeals.modify the Varianctt decision 2007016 in order to locate the new single-family dwelling 20 feet from the front lot line., The following voting members were present: Elleii P.McIntyre,Joiteph D..LaGrasse,Richard J.Byers,and Thotnas D.Ippolito. Upon a motion by Joseph D.LaGrasse and 2"4 by Thomas D.Ippolito,the Board found that the request to locate the dwelling 20 feet from the front lot line rather than the 2007016 Variance decision's 10 foot setback is a manor modification and that this modification does not atter:the intention of:the Variance decision 2007.016. Voting in favor: Ellen P.McIntyre,Joseph D.1AGresse,'Richard J,Byers,and Thotnas D.Ippolito. . Upon a motion by Joseph D.LaGrasse and 2t by Thomas D.Ippbiito.the Board voted.to GRANT Kevin Stack's . request to modify Variance 20037-016 by granting the request to locate the dwelling 20 feet from the front lot line rather.than the 1:0 foot setback ranted in the 2007 r uest M. Site: 0 BerrY Be. Street Map 106.1),Parcel S0),North Andover;MAIM Site Plan Title: Variance.Plan of Land,located in,North Andover.MA.,owner&,applicant, Kevin Stack,.12295 Gentar.Drive Spring Hill FL 34609 Date f&Revised Dates 7/01108 Registered Professional Land Michael J.Sergi,#33191;Christiansen Bt Sergi, 160 Summer St.Haverhill, Surveyor. 1 MA.01830 Sheet/Drawing. Dw ,No:93005012 In all other respects,the original decision remains in full forte and'effectas modified hereby. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Thomas D:Ippolito. North Andover Zoning Ward U A.ppeai Ellen P.McIntyre,Vice Chairman Richard J.Byers,Esq.,Clerk- Joseph lerkJoseph D.LaGrasse Associare Member Thomas D,Ippolito Decision.2007-016 Modification. M I ftOP50. Fncio.qure: Decision 2007-01.6. 1600 Osgood St„Bldg M-Suite 246.North Aridovc,.MA 01845 Phone-975-688-9541 Fax-97E;-M8N-9542:Web-www.tnwnni'northandovcr.ccnn .'('TEST: This is to certify that twenty(20)days _.3,True Copy have elapsed from date of decision,111W without filing of an appeal. Date w lD Town'Clerk Jo A.Bradshaw Town Clark Town of North Andover ,, -'J,j k ,wir st,,:,,t, ZONING BOARD OF APPEALS , r, Uhcer P. �'f.:r�zt 111 Lisq. (.h,rirnnu, f ilr a P. \•!,init tc. 1 !lruirnntn ttORT/l Richard 13 ret O��!LAD lr,ul>1t i�. I lC.,ttsu' h ti^7 t' 7 �• r id It. 1\•r l a�,,l. O rn 2,ry 1 1 ,rale 11r.1171herf z 37aott't�s FJ Ippulitf �`o e" '� •� xnaxrew.c« �� p x! Ric h.tid M.V,t3tf uuxwri .y ro r r1+ n 17ntticl S. 13t•arse, I'scf. SSRCHUg�� The Board finds that owing to circumstances relating to the specific soil,shape and topography conditions affecting 0 Berry Street(Map 106.D, Parcel 50)but not affecting the Residential 2 zoning district in which it is located,a literal enforcement of the provisions of Paragraphs T1,7.2,7.3,& Table 2 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. 'T'his decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2,The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. No Andover Zanin oar of ppeal - err P.Manzi,III, C airman Hen P.McIntyre, Vice Chairman Joseph D.LaGrasse David R.Webster Associate Member Daniel S. Braese,Esq. Decision 2007-016. M 106.DP50. Page 2 of 2 16(10 Osgood Street,Building 20-Suile 2-36 North,Uidoser,M isszximsetts 01845 Phone-9-N-66$-95-t i I•xax -07,8698 9512 bbeb-t��FeY.tostl�oli oMit<indz�acsr.<.casti Town of North Andover Town Clerk Time stmp ZONING BOARD OF APPEALS RI" I:.C r IV E D Albert P.Manzi I1I,Esq. Chairman T 0 1?t° Ellen P.McIntyre, Lice-Chairman f NORTH � Richard 1.Byers,Esq.. Clerk �2 'a O0L q Joseph D.LaGrasse p m 2007 SEP 25 t p a3r� : 59 to David R.Webster 1" � Associate Members 4E a Thomas D.Ippolito '� 04 . „.t... +' * taAC C.P.1 t3 J] a U"i f 1' ; cDaniel hadS�I3raea�se,� trt ��SACHUS �srJ' . C"Il�ll`�_i s l' Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L. ch. 40A, §17 Property at: 0 Berry Street NAME: Kevin Stack HEARING(S): August 14&September 11,2007 ADDRESS: 0 Berry Street(Map 106.1),Parcel 50) PETITION: 2007-016 North Andover,MA 01845 TYPING DATE: September 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11,2007 at 7:30 PM upon the application of Kevin Stack,0 Berry Street(Map 106.1),Parcel 50),North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.1 (Lot Area),7.2(Street Frontage),7.3 (Yard Setback),and Table 2 of the Zoning Bylaw for relief of lot area,street frontage,and front and side setbacks in order to construct a single-family dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 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 July 23&30,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R. Webster,and Daniel S. Braese. The following non-voting members were present: Thomas D.Ippolito and Richard M.Vaillancourt. Upon a motion by Joseph D. LaGrasse and 2nd by Ellen P.McIntyre,the Board voted to GRANT dimensional Variances from Section 7,Paragraphs 7.1 (Lot Area),7.2(Street Frontage),7.3(Yard Setback),&Table 2 for relief of 23,560 sq.ft. lot area,for relief of 50' street frontage,for relief of 20' front setback,and for relief of 20' south side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling; per: Site: 0 Berry Street(Map 106.1),Parcel 50),North Andover,MA 10845 Site Plan Title: Variance Plan of Land,located in,North Andover,MA.,owner&applicant, Kevin Stack, 12295 Genter Drive Spring Hill FL 34609 Date(&Revised Dates): 7/9/07 Registered Professional Land Michael J. Sergi,#33191,Christiansen&Sergi, 160 Summer St.Haverhill, Surveyor: MA.01830 Sheet/Drawing: Dw .No.93005012 Building Plan Title: Floor Plan,Map'106.D,Lot 50 Berry St.,North Andover,MA,prepared for, Kevin Stack, 12295 Genter Drive Spring Hill FL 34609 By: Christiansen&Sergi, 160 Summer St.Haverhill,MA.01830 Date: July6,2007 Sheet/Drawing: Floor Plan,Front,Right Side,Rear,Left[elevations]Dw .No.93005008 With the following conditions: 1. The applicant shall provide a sewer tie-in as approved by the Division of Public Works. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,David R.Webster,and Daniel S.Braese. Voting in opposition: Albert P.Manzi,III Pagel 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 Town of North Andover Town Clerk Time stamp ZONING BOARD OF.APPEALS u<C IT-I'V ED Albert P.Manzi 11:1,Esti. Chairman 1^ 1 $ " Ellen P.McIntyre, Vice-Chaitmwi f NORTH q Richard J.Beers,Esq. Clerk. SEP qg Joseph D.LaGrasse O � O. 2007 SE 2 PHI : 59 David R.Webster �` p Associate Members y ¢ Thomas D.Ippolito �' Coq 0.RT i}. r''9��` :i' rP Richard M.Vaillancourt SgCHUS ASS`f`'ACHUI `2 ¢ [y' Daniel S.Braese,Esq. The Board finds that owing to circumstances relating to the specific soil,shape and topography conditions affecting 0 Berry Street(Map 106.1),Parcel 50)but not affecting the Residential 2 zoning district in which it is located,a literal enforcement of the provisions of Paragraphs 7.1,7.2,7.3,&Table 2 would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Vert Andover Zonin oar of ppeal P.Manzi,III,Esq.,Chairman llen P.McIntyre, Vice Chairman Joseph D.LaGrasse David R.Webster Associate Member Daniel S.Braese,Esq. Decision 2007-016. M 106.DP50. Page 2 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.corn Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS F F_ :1.-.I`V D AAbert P.Manzi III,Esq. Cliairmasi Ellen P.McIntyre,Vice-Chairman f NORTy q d �tLeo rb* H© Richard J.Byers,Esq. Clerk ? 4� , a. SEP L tS' ose h D.LaGrasse 2007 SSP 25 PIM 3: 5 .l P ►°. � David R.Webster .Associate Members g t Thomas D.Ippolito Richard M.Vaillancourt 1s,4S°R�no�� K(`� M A`S,�C!1U a Daniel S.Braese,Esq. SgCHUs This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed within Notice of Decision without filing of an appeal.� 'l 1 to fo/'N (20)days after the date of filing Year 2007 Date /v �O a®yce3 A—,- ,d w of this notice in the office of the flown Clark Town Clerk,per Mass. Gen. L. ch. 40A, §17 Property at: 0 Berry Street NAME: Kevin Stack HEARING(S): August 14&September 11,2007 ADDRESS: 0 Berry Street(Map 106.1),Parcel 50) PETITION 2007-016 North Andover,MA 01845 TYPING DATE: September 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11,2007 at 7:30 PM upon the application of Kevin Stack,0 Berry Street(Map 106.13,Parcel 50),North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.1 (Lot Area),7.2(Street Frontage),7.3 (Yard Setback),and Table 2 of the Zoning Bylaw for relief of lot area,street frontage,and front and side setbacks in order to construct a single-family dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 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 July 23 &30,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R. Webster,and Daniel S.Braese. The following non-voting members were present: Thomas D.Ippolito and Richard M.Vaillancourt. Upon a motion by Joseph D. LaGrasse and 2"d by Ellen P.McIntyre,the Board voted to GRANT dimensional Variances from Section 7,Paragraphs 7.1 (Lot Area),7.2(Street Frontage),7.3 (Yard Setback),&Table 2 for relief of 23,560 sq. ft. lot area,for relief of 50' street frontage,for relief of 20' front setback,and for relief of 20' south side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling; per: Site: 0 Berry Street(Map 106.1),Parcel 50),North Andover,MA 10845 Site Plan Title: Variance Plan of Land,located in,North Andover,MA.,owner&applicant, Kevin Stack, 12295 Genter Drive Spring Hill FL 34609 Date(&Revised Dates): 7/9/07 Registered Professional Land Michael J.Sergi,#33191,Christiansen&Sergi, 160 Summer St.Haverhill, Surveyor: MA.01830 Sheet/Drawing: Dw .No.93005012 Building Plan Title: Floor Plan,Map 106.1),Lot 50 Berry St.,North Andover,MA,prepared for, Kevin Stack, 12295 Genter Drive Spring`Hill FL 34609 By: Christiansen&Sergi,160 Summer St.Haverhill,MA.01830 Date: Jul 6,2007 Sheet/Drawing: Floor.Plan,Front,Right Side,Rear,Left[elevations]Dw .No.93005008 With the following conditions: I The applicant shall provide a sewer tie-in as approved by the Division of Public Works. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,David R.Webster,and Daniel S.Braese. Voting in opposition: Albert P. Manzi,III Page d of 2 1600 Osgood Street,Building 20 Suite-2-36,North Andover,Massachusetts 01845 - III Phone 979-688-9541 Fax-978-688 9542 Web-www,townofnoramdover.com I'� t Town of North Andover Town Clerk Time Stamp ZONING BOARD OF.APPEALS - - ~1 k Albert P.Manzi III,Esq. Chairman Ellen P.McIntyre, i%ice-Chairman Oaf. µ. ORTM 4.,%.ao 06 Richard .Byers,Esc. Clerk 4'", O - � Joseph D.LaGrasse o 2007 Sii e , 59 David R.Webster #- t Associate Members tial Thomas D.Ippolito «::« �` Iiia a 1a,ks� r' Richard M.Vaillancourt 'fs p°gxr,o�r" �' a Daniel S.Tixaese,Esq. The Board finds that owing to circumstances relating to the specific soil,shape and topography conditions affecting 0 Berry Street(Map 106.1),Parcel 50)but not affecting the Residential zoning district in which it is located,a literal enforcement of the provisions of Paragraphs 7.1,7.2,7.3,&Table 2 would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. No Andover Zoning oar of ppeal ert P.Manzi,III,Esq.,Chairman llen P.McIntyre, Vice Chairman Joseph D.LaGrasse David R. Webster Associate Member Daniel S.Braese,Esq. Decision 2007-016. M106.DP50. Page 2 of 2 , Town Clerk 1600 Osgood Street,Building 20 Suite 2-36 North Andover Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnofflmtdover.com Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Kevin Stack use the return a.First Name b.Last Name c.Company key. 12295 Genter Drive d.Mailing Address Spring Hill P 9 Florida 34609 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: Berry Street North Andover a.Street Address b.City/Town Map 106D Parcel 50 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 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) 1757 38 c. Book d.Pag 5/11/07 9� f �� ���� � 7. Dates: a. Date Notice of Intent Filed —b.Dat—fie ublic Baring Closed_ c.Date o Iss nce ��r� �! a. Final Approved Plans and Other Documents(attach additional plan or document references as `Y�I'�"`�' needed): Site Plan a. Plan Title Christiansen &Sergi, Inc. Michael J. Sergi, P. L. S. b.Pr pared By c.Signed and Stamped by 9/a /A7 1";20' d. final evision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $1,318.00 $337.50 $980.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.311/05 -Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 Massachusetts Wetlands Protection Act M.G.L. c. 131,3 40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. R Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution f. ® d. ® Private Water Supply e. El Fisheries Protection of WildlifeHabitat 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 itis necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.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 242-1399 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El 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 T—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 a cty nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet a 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 ts. ❑ 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 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 1 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 format 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, WA DEP"] "File Number 242-1399 wpaform5.doc• rev.3!1105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- order of.Conditions 242-1399 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.311/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings g Under Municipal Wetlands Bylaw or Ordnance 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 g p c. The special conditions relating to municipal ordinance or law are as follows: space for p Y additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE #242 -1399 PROJECT OVERVIEW: The applicant,Kevin Stack, filed a Notice of Intent and supporting site plans with the North Andover Conservation Department on May 10,2007 for the construction of a single-family dwelling and associated driveway, installation of a subsurface sewage disposal system, retaining walls, and associated grading within the buffer zone to a Bordering Vegetated Wetland (BVW) and the installation of a water line and well within a BVW. The single-family dwelling was proposed entirely within the 50-foot No-Build Zone and within a significant portion of the 25-foot No Disturbance Zone pursuant to the North Andover Wetlands Protection Bylaw and Regulations (Chapter 178 code of North Andover). The proposed dwelling was proposed ten (10) feet from the jurisdictional resource area at its closest point. Resource area impacts for the proposed work included 716 s.f. of temporary BVW disturbance, .34 s.f. of permanent BVW disturbance and 8,292 s.f. of buffer zone disturbance (42% site alteration). Proposed work is located on a vacant lot containing 20,000 s.f of mostly forested land in which the BVW comprises more than half of the lot,therefore,the entire lot lies within the 100-foot buffer zone of the aforementioned jurisdictional resource area. The lot is also located entirely within an estimated habitat area designated by the Natural Heritage Endangered Species Program(NHESP)in accordance with the most recent NHESP map. The Stack family has owned the subject lot since 1962 and the applicant had purchased the lot from the family in 1983 with the intent to construct a single-family dwelling since that time. The applicant had previously filed a Notice of Intent for similar work in 1986. The North Andover Conservation Commission (NACC) issued a denial for the work at that time (DEP file #242-378). The denial was based upon several items including,but not limited to,the extensive amount of filling and alteration of the resource area (greater than 90% of the buffer zone), the observation of high groundwater,the construction of the well within the resource area with no supporting plans or documents indicating as to how drilling would be accomplished without major impact to the resource area, the lack of an erosion control plan, and the proposed septic system,which did not meet the Massachusetts Title 5 and local Board of Health regulations. In addition,evidence and documents in the files for the subject lot indicate that there were discrepancies with the wetland delineation as presented. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on May 23,2007 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of June 13,June 27, August 8, August 22, September 12, and September 26 of 2007 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. During the public hearing process the NACC expressed significant concern with the project as proposed indicating that the lot was originally denied for valid reason and that the lot may just not be buildable pursuant to the local regulations. Also during this time, the North C:\Winword\OOC\242-1399\BerrySt.doc 1 NACC 10/24/2007 DEP FILE #242 -1399 Andover Conservation Administrator, Alison McKay, and a third party outside consultant, Patrick Seekamp of Seekamp Environmental Consulting, extensively reviewed the wetland delineation to determine the limits of the wetland boundary and to clarify any discrepancy, which had resulted in the past. As a result of this wetland review, the wetland boundary was revised and accepted by both the NACC and the applicant. The NACC requested that the applicant consider additional alternatives, such as greater front and side setback variances and a sewer tie in to limit proposed impacts and to comply with local setbacks. The NACC requested that the applicant submit an application to the Zoning Board of Appeals (ZBA) to obtain the necessary approvals prior to further review and discussion. Prior to an application submission to the ZBA,the applicant had revisited the septic/sewer tie-in issue and was able to eliminate the proposed septic system to the front of the house and propose a sewer tie-in in. With the elimination of the proposed septic system, the applicant was able to revise the plans so that all work activities,with exception to the proposed driveway, would comply with the local 25-foot No-Disturbance Zone and 50-foot No-Build Zone setbacks, significantly decreasing impacts. Variances from the ZBA were still necessary for the revised proposal; therefore an application with the Zoning Board of Appeals (ZBA) was filed. The ZBA voted to grant the dimensional Variances for relief of lot area,for relief of 50' street frontage, for relief of 20'front setback, and for relief of 20' south side setback from the requirements of the Zoning Bylaw with the condition to provide a sewer tie-in as approved by the Division of Public Works. The ZBA granted the approval based upon the owing circumstances of the lot relating to the specific soil, shape,and topography conditions affecting the lot. Upon approval granted by the ZBA, the applicant submitted the revised plans to the NACC The plans were also revised to incorporate a physical barrier (2'x 2' dry laid fieldstone wall) at the limit of work upgradient to the 25-foot No-Disturbance zone and a note addressing the reasons/lack of alternatives for locating the driveway within the 50-foot NO-Build zone. The NACC unanimously voted to close the public hearing at their meeting of September 26, 2007, asserting that revised plans were significantly more suitable since all work activities, with exception to the proposed driveway, would comply with the local 25-foot No- Disturbance Zone and 50-foot No-Build Zone setbacks.. The NACC accepted and granted the waiver for the installation and construction of the driveway, which is located within the 50- foot No-Build zone, as the applicant presented and provided sufficient evidence that there were no alternatives for this work (refer to the alternative analysis for the proposed driveway as noted on the approved plan referenced herein). Further, the NACC asserted that the proposed well was not considered to be a structure, therefore complies with the local buffer zone setbacks. A motion to close an issue a decision within 21 days was made by Mr. Lynch, seconded by Ms. Feltovic. The vote was unanimous (4-0). Members present to vote were Scott Masse, Vice Chairman, Deborah Feltovic, Joe Lynch, Sean McDonough, and Louis Napoli. A decision of approval was issued within the 1-week extension from the 21-day legal requirement granted by the applicant. C:\Winword\OOC\242-1399\BerrySt.doc 2 NACC 10/24/2007 DEP FILE #242 -1399 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 Tans specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall .be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\242-1399\BerrySt.doc 3 NACC 10/24/2007 DEP FILE #242 -1399 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order is issued under File No.242-1399. 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 successorin 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 construction of a single-family dwelling, driveway, sewer tie-in, water line and well, fieldstone wall and associated site grading and clearing activities within the buffer zone to a Bordering Vegetated Wetland (BVN). 29. The work shall conform to the following: Notice of Intent filed by: Kevin Stack (Applicant) 12295 Genter Drive Spring Hill, FL 34609 Dated May 10,2007 with revised documents/modifications submitted through September 20,2007. Prepared by: Christiansen &Sergi,Inc. (Representative) 160 Summer Street Haverhill,MA 01830 Site Plans prepared by: Christiansen& Sergi,Inc. Entitled: "Site Plan", dated June 20,2007,last revised September 20,2007. Stamped &Signed by Phillip G. Christiansen, P.E. &Michael J. Sergi,P.L.S. Other Record Documents: Wetland Delineation Review prepared by Seekamp Environmental Consulting,Inc. dated June 21,2007; Division of Fisheries & Wildlife letter dated June 11, 2007; C:\Winword\OOC\242-1399\BerrySt.doc 4 NACC 10/24/2007 DEP FILE #242 -1399 Memorandum to Albert P. Manzi III,Chairman,Zoning Board of Appeals from Alison E. McKay,Conservation Administrator, dated August 9,2007. 30. 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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource ureas. 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 with exception to the waiver granted by the NACC for the installation and construction of the driveway, which is located within the 50 foot no-build zone (refer to the alternative analysis for the proposed driveway as noted on the approved plan referenced herein). Further, the NACC finds that the well shall not be considered a structure, therefore complies with said local buffer zone setbacks. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone (See Section 3.4 & Appendix F of the local Regulations). 33. This document shall be included in all constructioncontracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. _By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. C:\Winword\OOC\242-1399\BerrySt.doc 5< NACC 10/24/2007 DEP FILE #242 -1399 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. JFP—RIO—R—TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1399." 39. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation..Said revisions shall be submitted as part of the record filing. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to beP rovided with a copy of this Order of Conditions and referenced documents before commencement of construction. C:\Winword\OOC\242-1399\3errySt.doc 6 NACC 10/24/2007 DEP FILE #242 -1399 41. The construction sequence and schedule filed with a revision date of 5/23/07 does not accurately reflect the final approved submittal (refers to the installation of the access drive for the previously proposed well location and wetland disturbances and replication). Therefore,prior to any work commencing onsite,the applicant shall submit to the NACC for review and approval,a detailed sequence of construction, including a dated timetable of construction,the construction of any compensation and retention areas,installation of sedimentation/erosion control devices,any re-vegetation to be completed,the installation of the well/sewer tie-in,and the construction of the fieldstone wall before other work begins on-site 42. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 44. 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. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. C:\Winword\OOC\242-1399\BerrySt.doc 7 NACC 10/24/2007 DEP FILE #242 -1399 45. A check payable to the Town of North Andover shall be provided in the amount of $3,000 shall be provided to the Town of North Andover, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 46. Prior to the construction of the single family dwelling, the corners of the foundation shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. 47. Prior to construction, the applicant shall submit the approved revised plans and documents to the Divisionof Fisheries & Wildlife Natural Heritage Endangered Species Program (NHESP) for review and approval, if not already submitted. Construction activities shall not occur onsite until NHESP has confirmed that the revisions made will not adversely affect the actual resource area habitat of state- protected rare wildlife species as previously approved. Confirmation by the NHESP shall be submitted in writing to the Conservation Department. 48. Prior to construction, the applicant shall permanently mark the edge of the No- Disturbance Zone with five (5) signs or markers spaced evenly 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. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 49. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant and/or owner has C:\Winword\OOC\242-1399\BerrySt.doc 8 NACC 10/24/2007 DEP FILE #242 -1399 read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shallbe provided as notice of the pre- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 52. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S) which accurately depicts the foundation locations and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Department for review and approval. 53. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 54. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 55. A crushed stone construction entrance shall be designated at the lots construction entrance to minimize soil/material tracking onto Berry Street.This entrance shall be reinforced as necessary. 56. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. - C:\Winword\OOC\242-1399\BerrySt.doe 9 NACC 10/24/2007 DEP FILE #242 -1399 57. A 2-foot minimum dry laid fieldstonewall shall be constructed in accordance with the approved plan referenced herein. 58. The applicant shall provide a sewer tie-in as approved. Should additional sewer work associated with the sewer tie-in,not approved under this filing,fall within the buffer zone to a wetland resource area(s),the applicant shall submit a subsequent filing with the NACC for review and approval. 59. The driveway shall be pitched so that stormwater flows parallel to the existing house frontage (stormwater shall not be directed towards the street or towards the abutting property or directly towards the wetland resource area to the rear), 60. ON EVERY MONDAY of each week,or otherwise arranged by the NACC,in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts. The applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 61. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day.All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 62. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 63. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. C:\Winword\OOC\242-1399\BerrySt.doc 10 NACC 10/24/2007 DEP FILE #242 -1399 64. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 67. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 68. There shall be no stockpiling of soil or other materials beyond the limit of work or within twenty-five (25) feet of any resource area. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local`ByLaw. 71. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. .If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. CAWinword100,1242-13991BerrySt.doc 11 NACC 10/24/2007 DEP FILE #242 -1399 73. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or within the Riverfront area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 74.Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition shall remain in perpetuity. 75. There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland or within 25' of the wetland. This condition shall remain in perpetuity. 76. 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. 77. 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. 78. 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 property owner 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 a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the C:\Winword\OOC\242-1399\BerrySt.doc 12 NACC 10/24/2007 DEP FILE #242 -1399 Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes nv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVW) resource area. Future work within 100' of existing 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 # 32); ➢ Discharge or spillage of pollutants (Condition#71); ➢ Prohibition of underground fuels (Condition# 72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #73). ➢ Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site(Condition#74) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#75) C:\Winword\OOC\242-1399\BerrySt.doc 13 NACC 10/24/2007 DEP FILE #242 -1399 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) C:\Winword\OOC\242-1399\BerrySt.doc 14 NACC 10/24/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 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 d p condition pursuant to General Conditions#4, from the date of issuance. 1. Date of ssuai ce 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 Regional Office, if of filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North L14Aber mon? On this pay of Month Year Before me, the undersigned Notary Public, .5C-0+F AL6.&g—, 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 A DONNA K WEDGEnlo-24"611 9q,NOTARY PUBLIC L� COMMONWEALTH OF MASSACHUSETTS Signature of Notary Public i My Comm.Expires Aug.7 2009 D!)®?!7.4 41 1.1led4P. Printed Name of tary Public�^ Place notary seal and/or any stamp above �� My Commissio Expires(Date) This Order is issued to the applicant as follows: [/by hand delivery on I by certified mail, return receipt requested, on ioldylo (e)c ,aa, '" a Q DateV Date wpaform5.doc• rev.3/1/05 Page 7 of 9 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 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. it wpaform5.doc• rev.311105 Page 8 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1399 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: 242-1399 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.3/1/05 Page 9 of 9 TOWN OF NORTH ANDOVER YAW,, 00e, ZONING BOARD OF APPEALS 2001 JUL 13 PM h; 2 I NAME: kEU i Irl 574CK- -W, DRESS OF APPEAL: Lo-7- 6-0` Ofg-k`� Town c:erk Time alit tp NORTH AK-k , -.l MASSACHU" .. yi Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for hearing date and prepares the legal r 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 F Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. E STEP 3: PLAN PREPARATION: STEP 8: DECISION: E 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 all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). f STEP 10: RECORDING THE DECISION AND PLANS. I STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of ;petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar,and any accompanying plans at copies of all the required information to the Town Cleric's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA,and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building , the Zoning Board of Appeals secretary. Oepartment. r ...................... . .......I.............................. .. .................. MPORTANT PHONE NUMBERS: )71-1,38-q533 Office of Community Dev: •1< ":eivices North Andover T^,wn ball 1800 Osgood Street, 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office g-1l-22f994 ;poxfor Community Cevelopirent,:Jfices 978-688-9566 .,Xssessor's Office u'lding Department 7ilft1 �! A ing Board of ^,.ppeals Cff'sce SAGE 1 rlf PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: KE-y t n1 s TR c l 2245 G 45N7�-M. 1)1? IV r- SPR 1 IQ G 1+ 1 tri FC- 3q (0o 2 3sd - 398 - 76' '-/J. *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: Same as a-botw' ;n (r8. 3 K1reU�orlsl►, ��.ir�e: 15'6x. Years Owned Land: 3. Location of Property: a. Street: Berry S4ree-]- Zoning District: 1?- 2- b. Assessors: Map number: 106. D Lot Number: -5-5 c. Registry of Deeds: Book Number: IIs -7 Page Number: fig' 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. A -1 + F-1 SecArK 7, pa,7.1 , Lot hle&) ° 7 2 Shoot Fron 1Mrlrt TaU, 2 �. �v *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Reil uc nila 7fi-,one f and sire linse bac t- rearli r rem em 1 Ln 1IO2-� ' FRoNrA6E AM 66EP Ake— (MAWEArVeRiF6 The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.1 �60 % -5-0 Za Zo � B. % I i a uy%—, vvi -P s NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C 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 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 i zee,voo i 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback f Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43 sfo0 0A 1.50 3o 30 30 -Z -6 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" '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" NIA *Reference Uses from.the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissalPc Zo 'ng B rd of application as incomplete. Si nature. r-r Typeaboyeo,, e(s) here: 1LI P G CHRISTT,9AlV Pr6F,m i Faye KEVt tv S(A C)Z, p PAGE 4 OF 4 . VARIANCE 9. viRITTEN DOCUMENTATION :Y10. S. `Plan 'Pecifications: Application for a Variance must be supported by a i) size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1 11=40' detail all Fads relied upon. When requesting a Variance in One(1)(Mylar,with one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only, and one block for five(5) ZBA signatures&date. the North Andover Zoning By-laws, all dimensional lin Plan shall 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 note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or '10 C. "Required Features On Plan: structure. n 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. Fads which make up the substantial hardship, 5. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the li) Legend$Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Fads relied upon to support a finding that relief 2. Existing features to be removed in dashed fines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan . E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA .Mkw projects,such as alecks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(h. In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of 4022-1760-4841"for the cost of first Gass, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a ;currently 39$)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 11.B. Mailing labels:Applicant shall provide four(4) 10. A. Major Projects sets of mailing labels no larger than IW-5/8"(3 copies Major projects are those,which involve one of the for the Legal,and one copy for the Decision mailing). 11.C. Applicant shalt provide a check or money outer following whether existing or proposed: to: 'Tcvm of North Andover' per 2005 Revised Fee I)five(5)or more parking spaces. Schedule. 11)three(3)or more dwelling units, fII)2,004square feet of building area. o �,Variance once grained by>tae.3A-.mill ?gip�e n "1lajor Projects shall require,that in addition to the 1 B '1 tone)yew N not exercised and a new'petition:oust .1GC features,that the plans show detailed utilities,soils, ,esubmitted. and topographic information. Zoning Bylaw Review Form Town Of North Andover Building Department m,'* 1600 Osgood Street,Building 26,Suite 2.36 North AndoV4,MA.01W Phone 9784B8MSO l=ox 978-608.9542 0 HOEM street MaPA tet: 106050 u licant: Kevin Stack Request. Construct sin -fdwffliln Doti): 7.6.07 Blears be advised that after review of yourApplicati+on and Plans that your Application is t� NI ED for the following Zoning Bylaw refaso"$ Zonift District: 114 j.� Item f +test yLtm i p, LeA Area F Frontago # ~ Cot area tnsufficienf X i Fran Inwffdent X Lot lama PreeAstin X 2 Frdan s Wcm ties i LoArea—Complies 3 Praxis' fron e X 4_ i Insufficient Irdortnation 4 insuftident Information list# 5 No necass over Frontage I Allowed X G Contiguous Building Arao f: Not Allowed 1 inaufrrciels#Area ' Uxe PreexlsHn x cornplies f° spacial Permit R fired a Preeift f CBA 51InsuffrAent Information 4 Lot created prior to 1968 X U Setback H BultdIng Height I— All setbacks comply 1 t Freda Maximum 2 Front insufficient X 2 Com files X Left Vide InsuffWent X 3 Preexist! HeigM i'A: _!_Right Side Insuffident 4 insufficient information E` Rear inset sen# I Building Coverage Preexisting,setbacks 1 Cove excr�ecis maximum Insufficient Information 2 Co'�' t3 Complies ry Watershed 3 Coverage PreoxiOng 1 Not in Watershed X 4 Insufficient information j". in Watershed j Sign NA Lot prior to 10/24/94 1 Sign not ailowedd i Zone to be Dotarmined 2 Sion COYrf 'd s - Irisuricient Information 3 Insufficient fnfaml8tif M7 i �+i Historic District` f.... K Parking [_•t I In Distriot 11 fifore Parking Reaulred i Not in district X 2 Farkln _C�mpliEfs X 2 in r'Want loormapo tuned Icer the above Is chocked below. j_Item d special Permits P nn Boats iter»0 Varfk s riots Plan fteviety Spnget e mk e�ibf k Vartdmae Access txher than Ffantaodr 49W Paenit ` kirllj Yana F-mrttage Excaptbn lof PemHt lit AredfFr#rit8gtt Vari3nca Goermar,Dmivnwny Spade[Permit ]-iblght variance odxmgfegaln Maas Pamat varfandta for sign° Ctmttnuing careRegremdtittspeas n eoltl Penssfis Zmii Beard f., .....-- n fndependeet Stmt X Nousrng swidal Permit 30cs:tEti PEA r8 NJorrCpnfpmltrlg Use q i_erge EMM"Condo speeaal Permit Fame Removal SPeaal Permit ZBA Pieoned dtfvt+t9Pmetu bictr4 spOClai SpolAA Per U.qo not Listed but Slu—d1w Permit Plennnsi l;taeldendal spoioP,amlt #Supply ecial Permit foJra Unit s-v oe VY Spode)Peron A Perm Pre-ardeting.Nora vfr ratf�,i to $Peer Permit Adid—NoInal iftff wmaWn `r r MYNE'tMOV and ariadled emcPbdtdm 6f such M basdtd On tlme f1s . Ir+ftrm�++,kxs No defYmttiva pia sucmrNod. redirP+Rrct or advice M411 b#bmW on vWol soamKiom by the spAtent fuer%het:Wdf verw 04ftailarme by me =Aebnt+ru ne ire Provide deRdtd9va M1 WGM totes eburs roaeene for DWAL. '"v etaoauMdq.4,mnWAWIng r r mRtiorm,or other dubcegeent chaftM b the kdmmaYhq Subrltted by 1110 aPS+Rmt shad ba grounds for tit r&Arruv to �voiled at the discretion of tho Aull ft Dqm tt wm The MOW ftgorent iiffW"Pian Rim w hdrmative"ahem be e„!ra-A he've end incorporated f>emtn by fefer im.i•ne bdfitding dapwmsnt wig retatrr Mr Pians urid dowrnentation for P:s gbave rile.You must gig a bwWftpermIt app odw form and bwn pmr+perm$ft P oom. fu!tuln¢ nt rctal Stgna'- tbrgApplIcation Mat FIfca/d a 4eniad If Fond a ft 8ef1t: xed Ph4mtd Ind;sn�t"Mmo:.7_ Iia-7'� "_ Plan Review Narrative The%WnP ne"Otive is pmvlded to further&Vlain qts Lessons for denial for the bwWhig permit For the prap"Indic.-#ed or the rrew mse side: Toa e '•8 �i?,�i,..��'t.ill. rv.a:. ., ,.�r-' G-2&C4 Variaacc f vIR Swdon 7.Paragraph 7.(Yard Setbacks)and Tablc 2 is required for the fiorat and reit aide setback£mm the Zordnig Board of Appeals in order to wt+suc a sin ft on My106.b 1'st+ccl 5 Ben S 2 . A-I &P»'i Vm ia)cc figm Sectlort'7 t"•ursgraOs 7.1 (Lot Area),7.2(Street Frontage),an Table 2 may be mquired from the Zoning Board of Appalls in order to corutrWd t,?tiTY Ic f unfly dwelling on MV 106J) Parcel 50 Barzy Sued 2 i Referred To: Ham POA .�...__ - X Zan of Ammmb >f Gorervatia 5 a CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978)373-0310 FAX:(978)372-3960 July 9,2007 Town of North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover MA 01845 Re: Property of Kevin Stack Map 106D Lot 50 Berry Street Set Back Reduction Request Dear Board Members: The above referenced is an existing non-conforming lot. It was created prior to the existing zoning. It contains 20,000 square feet of area and 100 feet of frontage. The current zoning requires 43560 square feet of frontage and 150 feet of frontage. The property is further encumbered by wetlands. As you are aware North Andover wetlands:regulations require that all houses be built 50 feet from wetlands.The house shown on the attached plan meets that requirement but at the expense of reducing the front yard and side line setbacks to 10 feet from the required 30 feet. The proposed house will be serviced by a sewer ejector station and a well. We have submitted a similar plan to the Conservation Commission and they are supporting this application for a zoning variance so that the wetlands regulations can be met. The relief sought is clearly a result of the hardship on the land caused by the wetlands. Ve s hi ' hrlstiansen Cc Kevin Stack North Andover Conservation Commission Law Office of C. WILLIAM LANGONE 106 Concord Avenue Post Office Box 136 Belmont, Massachusetts 02478 617-484-4555 617-484-5155 (fax) October 24,2005 Mr. Philip Christiansen Christiansen& Sergi, Inc. 160 Summer Street Haverhill, MA 01830-6318 RE: Kevin Stack Lot No. 3 Berry Street North Andover, Massachusetts Dear Phil: The following is the long history of Kevin Stack's attempts to build a home on the Lot 3, Berry Street,North Andover,Massachusetts. Lot 3 is a vacant lot containing 20,000 square feet of land. The property has been in Mr. Stack's family since 1962. Kevin acquired the property from his father in December of 1983 with the intention of building a single family home on the property for his family. When Kevin Stack approached the Town for a building permit in 1985,he was informed that he could not build a single family home because his property has been rezoned for industrial use by the Town in 1972. In late 1985,Kevin Stack petitioned the Town of Andover to rezone his property from industrial use to residential use, and in May, 1986, at the annual Town Meeting, it was voted to rezone Kevin Stack's property for residential use. Mr. Philip Christiansen Christiansen& Sergi, Inc. October 24, 2005 Page Two In late 1986,Kevin Stack again approached the Town of Andover for a building permit. At that time, he was informed that wetlands existed on his property; and Conservation Commission approval would be required. Kevin then hired an engineer to design an acceptable septic system and to make the necessary Conservation Commission filings. The Conservation Commission refused to issue an Order of Conditions. Further,on August 6, 1987,John Graf,Town Sanitarian,informed Kevin Stack's engineer,in writing,that his septic system designed failed to meet Town requirements because of the proximity of the wetlands. As noted above,this property has been in Kevin Stack's family since 1962. Kevin played on this property as a child and is intimately familiar with it. He is of the opinion that the wetlands are not naturallyoccurring, and in fact did not exist on his property in the early 1980's. In the middle of March, 1994,Kevin Stack discovered that a large culvert and brook on Berry Street has been filled in by a developer who was building houses on Berry Street. This illegal filling of the culvert brook was done either with Town approval or because of Town neglect. (See letter to Conservation Commission dated August 17, 1983, attached hereto.) The illegal filling of the culvert and brook altered the drainage system in the area, causing water to discharge onto Kevin Stack's property, promoting the creation of the wetland vegetation now found on his property. In 1994, Kevin Stack hired Christiansen and Sergi to design a septic system that complied with Title V and adequately addressed all issues surrounding subsurface disposal of sanitary waste. However, variances were required from the Board of Health because the system did not meet the Town's requirement of a 100 foot setback from the wetlands. On April 28, 1994, the Board of Health voted not to approve of Kevin's proposal despite the fact that the design met all Title V requirements and that requested variances from the Town by-Laws were variances that had been granted regularly by the Board of Health for other projects. Mr. Philip Christiansen Christiansen & Sergi, Inc. October 24, 2005 Page Three Upon examination of Town records, it was discovered that the septic system at 227 Berry Street,the property abutting Kevin's property,was installed in August of 1989. The application and plan filed with the Town for the septic system at 227 Berry Street was approved by John Graf,Town Sanitarian. This is the same John Graf who in 1987 denied approval of Kevin Stack's septic system design because the siting of the system was within the 100 foot buffer of wetlands, the same wetlands he choose to ignore in approving the system for 227 Berry Street.. It is obvious by the application and plan filed for 227 Berry Street that Mr. Graf knew or should have known that part of that septic system was to be installed in the 100 feet buffer to the wetlands; and part of the system would encroach onto Kevin's property. Further, Mr. Graf knew or should have known that the system as proposed would need Conservation Commission and Board of Health approval, neither of which were obtained. In 1996, Kevin Stack filed suit against the Town and the Brunette's (owners of 227 Berry Street) claiming negligence nuisance, trespass and imminent domain taking. From 1996 through 1999 extensive negotiations between the parties occurred which included the building of a joint septic system for the Stack and Brunette's property. In 1999,without Kevin Stack's knowledge and during the negotiations concerning a joint system,Brunette applied to the Town of North Andover for approval of s single septic system for his property. Brunette's system required four(4)variances from Title V requirements and five(5)variances from Town requirements. The Board of Health granted Brunette all of these variances. (See letter dated August 27, 199 from Sandra Starr,Health Administrator, attached hereto.) The septic system design that the Town of North Andover approved for Brunette required more and greater variances than the septic system design submitted by Kevin in 1994. Despite this fact, the Town choose to approve Brunette's design and deny Kevin's design. Mr. Philip Christiansen Christiansen&Sergi, Inc. October 24, 2005 Page Four Because of statute of limitation issues relating to the filing of the culvert and creating of the wetlands on Kevin Stack's property and certain state statues that bar claims against Municipalities based upon the issuance of permits or approvals,various counts in Kevin Stack's Complaint were dismissed. The Court left the trespass/nuisance claim against Brunette and the Eminent Domain Claim against the Town in place. The matter was settled in August, 2002 for $20,000.00 (Brunette, $13,500.00 for the Trespass/Nuisance,the Town$6,500.00 for the Eminent Domain). Kevin Stack settled the Eminent Domain matter for$6,500.00 against the Town because it was felt by counsel for Kevin Stack that the Eminent Domain claim would be susceptible to challenge because he has not exhausted all opportunities to build on the property, more specifically the ability to tie-in to available public sewerage. Christiansen and Sergi have developed plans for Kevin Stack to connect his propertyto Town public sewer in 2004. Again the Town denied Kevin Stack the ability to connect to public sewer effectively making Kevin Stack's property worthless. This has been a long running ordeal for Kevin Stack. The Town,through its various boards and officials have treated Kevin Stack differently than other land owners. At every turn,Kevin has been held to the strictest interpretation of rules,regulations and by-laws of the Town; whereas,other property owners have been allowed to build on develop properties, after being granted variances from the rules, regulations and by-laws, that the Town was unwilling to grant to Kevin. To make matters worse,the Town has allowed building and development that adversely impacted the property Kevin Stack owns and wants to build on. Mr. Philip Christiansen Christiansen& Sergi, Inc. October 24, 2005 Page Five It is hard to believe that the various boards and officials of the Town believe they are protecting the public good by not allowing Kevin Stack to build,when all around Kevin's property, variances from the by-laws, rules and regulations have been granted. These are the same rules, regulations and by-laws that the Town has relied on to prevent Kevin Stack from building on his lot. Kevin Stack's dream to build a home in North Andover has become a nightmare of bureaucratic indifference, red tape and discrimination. I have also enclosed a copy of the Complaint referred to in this letter, a copy of a letter from Mark Rees in regard to the sewer connection and a copy,of newspaper article from the local paper. Please feel free to contact for clarification of anything contained in this letter or any additional documentation that I may provide you. As always, thank you for your help and assistance in this matter. Very trul yo s, CWL/gr C. William Langone Enclosure ��`�. ;.', i `tyL•tT.�,:ppp�,Y�;_i. �a�� -,t 4,tip,^',vY���� �. . . r v ,• y 4: Y' r or v 4 ti t _ Y `s • M Stall photos by Brian Walski BUILDING DREAM: Kevin Stack and his sons, Robert, 2, in arms, and Kevin Jr., 5, stand on land where they'd like home to be. ream ' home hopes turn .:.into.. ..nightmare By L KIM TAN soaring prices of Bay Stale. A FORMER Army'sergeant is homes. Building a house is the crying foul over North Andover's only way of owning one, he said. • Stack said he was elated last refusal to grant him a .permit so May when his land was rezoned. that he can build a dream home ton a small plot of land h has He submitted a plan for putting owned for 25;years. In a septic tank on the property, but then was told it would be too Kevin Stack, ,i4, said he cams; : close to wetlands. home from service overseas in,, Conservation Commission 1979 to find his half-acre plot on: ' Chairman Guillermo Vicens yes Berry Street --- which his father terday said the project failed to purchased for him in 1962 --re-. meet requirements under the zoned for industrial use. town's wetlands protection ordin- ` ' Stack said. he spent seven ;. ance, which requires the tank to years and $3,500 in attorney's.;:. ,be at least 100 feet away from the fees to get the plot rezoned for:.,,: protected land. residential use, but after winning f. Stack's project also failed:by a t the appeal last year,he"was told a foot under a similar state law re- k permit would not be issued be quiring Ahe tank.be-at.least 50 cause the property Is too close.to feet away, Vicens said ti _ protected wetlands.. . Our. decision was strlctly This has been so frustrating. based on .the plan and project , All I want to do is build a home submitted to us," he said.."It's a f on my property,"said the father ` very-small piece of land.`; of two, who now rents a home in But,Stack is not convinced, N °* Billerica. "I just feel I'm being .'saying two houses had been built pushed to the wall." on similar half-acre-size dots on Stack, who served overseas for either side*of his property. eight years and is now a me- "They're giving me the run- ' chanic, said he Is in the same around," he said. "The place is predicament faced by most young so dry,if you dropped-a cigarette, families who cannot afford the the whole place would burn." "..7' Ado i C v� O �� Cp OFFICE OF HIGHWAY �lx � . T AY SURVEYOR 384 OSGOOD STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 SACHUSE WILLIAM A.CYR TELEPHONE 685-0950 Highway Surveyor August 17, 1983 Conservation Commission 120 Main Street North Andover. , MA RE: Blocked Culvert & Brook Berry Street Dear Tony; I would like to make the Conservation Commission aware of my feelings and concerns in regards to the above referenced matter. After receiving the message from you that a culvert was blocked. on Berry Street, I investigated and I was shocked- at what I found. Your call referring to a blocked culvert was the under statment of the year. What I found was a brook that runs from the area west of Berry Street through an 18" concrete pipe culvert andthen continues through to Sharpners Pond Road into Craytons Pond in Middleton and eventually running into the Ipswich Rives. This brook hed has been completely filled in and the forms for the footings for a house are sitting right where the. br.00k use to run. The whole lot of land, of which I would estimate at approximately one acre, is all wetland and swamp. The outlet to the existing culvert has been buried and can no longer be found. In my opinion, this type of senseless act is illegal and unjustified, and I intend to follow through with legal action from this department. It may not appear at this time of year, with the little bit of rain we have had, that this drainage course is very active; but, let me make you aware that T have observed this eighteen inch culvert running full, on many occassions. I would like to recommend that the Conservation Commission give this matter a top priority and please keep me informed on what your intentions are. If this type of distraction to wetlands and drainage is allowed for the development of house lots, God help our Town and the persons that should, in my opinion, get stuck by buying such properties. N Conservation Commission -2 August 17, 1983 It is hard enough now for my department to 'maintain and control our current drainage network. It will be impossible to maintain our drainage if we allow builders and developers to continue to obstruct and divert natural drainage courses that have been in existance since nature put them there. Again, in my opinion, this was a deliberate and reckless act that should not be tolerated, and should be dealt with in a swift and forceful manner. Very truly yours, William A. Cyr Highway Surveyor ',TAC/bw P.S. Just thought I would let you know that between the time of writing this letter and today, the footing has been poured and it appears that they are progressing with the construction of the home. «® `lhoalaa F. Stack le Okc Ivy l� Stac}c 12�presently of 6rad.enton, Pinellas County, Flor�da,4nd j p°}F jtePont Street, Cambridge, Mtddlesex Goua being 1VnmWiad1 for Wfisidcr-16CQ =d and Eula ooWWCUU04 of 1 . zrauts to Kevin F. J. "Stack: of 72 BoDair Street, Somerville Middlesex Co e unty With 1/ roCwipuoa Wd cacumbruwa,U u,yJ a certain parcel of land in North Andover, with the bluildin* ,s thereat,, and described as follows: j Beginning at a point at the corner of land of Conroy and 'running NORTHERLY by Berry Street, so-called, being=an-abandoned road, one hundred (100) f,get to Lot #4 on a sketch of said property.; ., ;,.y NIV Theq�e by Lot #4Ivo hunde4 (200) feet MSTEP Y b lam'of yaliqCd g-.point ofpiing tVali( jet=ing ane ` o1�{ Y' Vie. r (100) feet Oy #u 'the ' ,1 'd Ttprlce turn „ . •.� .„. �, , L o at right angled ruruling tWo hundred (200) feet WESTERLY by triu oy,., being Wt 2 on agidra4tch, to the point of beg xutitig,'� ;? . cam. Cgn aining 20,Q00 quare feet, $ 4r le s. `' y� �.► Being the same premises conveyed to us by deed from M. Grace Ryan and John G. Ryan dated;July 6, 1962 and recorded op Octotker 22, 1962 with Essex North W Dis tr f ct,Regis try of Deeds in Qook 971, Page 246. " K`1 a .}.i � ►'1 ltri�a °1 ,.,, h nd.� and seal chu , 10th..... . .day 4f November Id .. . .39,� - .....••,U..1...1.11.H....1I U..........1............... ............I... H _ y •.a•/..uu./t...f././1HUH. /.HHu/.N•. 11/f.l/.I//.1.../••.....f../1................../I I.f•.f r.....•.. ....... .. .. Q .. •... •• 1.11..... W 04t �Aai4;tupll�r�1i u1�ut$tA ' • ' Middlesex ss. ... ...� November 10,:. 194-4 l.�l\V YV 1V l.Gl ld LVG W.11Glll ivxanar,%, LLl.11l oyaLl.lfla Essex North Registry of Deeds Robert F. Kelley Land Records Abstract by Book -Page Search Document ID: 1757-38 Database searched: Land Document Index from Jan 1,1981 thru Jul 9, 2007 #21000 @ 09:27 DOCUMENT ABSTRACT Bk-Pg:1757-38 Recorded: 12-14-1983 @ 12:00:00pm Inst#: 57038 Chg: N Vfy: Y Sec: N Pages in document: 1 Grp: 1 Type: Deed Desc: BERRY ST Town: NORTH ANDOVER Gtor: STACKPOLE, IVY M (Gtor) Gtor: STACKPOLE, THOMAS F (Gtor) Gtee: STACK, KEVIN F 3 (Gtee) f, HOW TO USE THIS PAGE To see an abstract of the next sequential instrument, click on Next>. To see the previous panel displayed, click on <Previous. To view an image, click on the document icon with "DOC". To view an abstract of a referenced document, click it's hyperlink, Most images you will view and/or print will not have marginal reference notations on the image. If you are interested in marginal reference information for a particular instrument/document, check and optionally print the abstract for it. There is no fee for printing abstracts. To print the abstract, right click on the abstract side (not the left side) and,for Internet Explorer, select"Print". http://72.72.82.242/ALIS/WW400R.HTM 7/9/2007 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Page:1 RE IREM U E T: M L 40A N G ,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petdiontt, 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 tau 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.` Subject Property: MAP PARCEL Name Address 106.D 5o Kevin Stack 12295 Genter Drive,Spring Hill,FL 34609 Abutters Properties Map Parcel Name Address 106.D 51 John Brunette 227 Berry Street,North Andover,MA 01845 106.D 52 Russell Ross 33 Govencles Drive,Raymond;NH 07072 106.D 53&54 Joseph Russo 1 Pendant Court,Andover,MA 01810 106.D 55 Brian Cardello 576 Maple Street,Waterberry Center,VT 05766 106.D 56 Harbor Management 23 Central Street,Suite 710,Lynn,MA 01901 106.D 49&32 Beth Padellaro 193 Berry Street,North Andover,MA 01845 106.D 17.1 Four H Company,LLC 1980 Turnpike Street,North Andover,MA 01845 106.D 17.2 BMB Realty Trust 1980 Turnpike Street,North Andover,MA 01845 106.D 17.3 T.L.Corp 1980 Turnpike Street,North Andover,MA 01845 106.D 63 Shushila Lulla 151 Mount Joy Drive,Tewksbuty,MA 01876 106.D 36 John Famum 426 Famum Street,North Andover,MA 01845 108.0 45 Commonwealth of MA 100 Cambridge Street,Boston,MA 02202 108.0 12&62 Zulu Realty Trust P.O.Box 561,North Andover,MA 01845 108.0 13 Sean Murphy 28 Meadowview Road,Topsfield,MA 01983 108.0 52 Kevin Abernathy 310 Berry Street,North Andover,MA 01845 108.0 49 Bruce Oliver 273 Berry Street,North Andover,MA 01845 108.0 23 Town of North Andover 120 Main Street,North Andover,MA 01845 108.0 63 Thomas Perry 303 Berry Street,North Andover,MA 01845 108.0 21 Michael Santangelo 315 Berry Street,North Andover,MA 01845 108.0 64 Paul Burke 325 Berry Street,North Andover,MA 01845 108.0 68 George Lin 2050 Turnpike Street,North Andover,MA 01845 This certifies that the names appearing on the records ofthe Assessors Office as of (- /la.iN.ralt /, mac► Certified b Date /U7 38' BATH EAT IN KITCHEN N 1 2 B N BEDROOM GARAGE N FAMILY/LIVING ROOM 60' FIRST FLOOR 38' BEDROOM N N BEDROOM BEDROOM BATH SECOND FLOOR FLOOR PLAN JAP 1060, LOT 50 BERRY ST. THE PROPERTY IS NOT IN A FEMA FLOOD NORTH ANDOVER, UA ZONE PREPARED FOR A A c KEVIN STACK CHRIS TIA/V S �J }� SERGI VQ�+ 12295 GENTER DRIVE SPRING HILL FL 34609 160 SUMMER ST. HAVERHILL,MA.01830 TEL.978-373--0310 JULY 6,2007 Ln rN, LLL11 ' FRON T BUILDING ELEVATION PREPARED FOR MAP 1060, LOT 50 BERRY ST. �� KE VIN STACK Cl-lRIS TlA NSEN SERGI NORTH ANDOVER, MA 12295 GENTER DRIVE SPRING HILL FL 34609 160 SUMMER ST. HA V£RHILL MA.01830 TEL.978-373-0310 JUL Y 6,2007 RIGHT SIDE BUILDING ELEVATION MAP 106D, LOT 50 BERRY ST. PREPARED FDR GHRISTIANSEN SERGI KEVIN STACK NORTH ANDOVER, MA 12295 GENTER DRIVE SPRING HILL FL 34609 160 SUMMER ST. HAVERHILL,MA.01830 TEL.978-373-0310 JULY 6,2007 +o» u L.l RE4 R BUILDING ELEVATION MAP 106D, LOT 50 BERRY ST. PREPARED FOR CHRI S TlA NSEN ; SERGI KEV/N STACK NORTH ANDOVER, MA 12295 GENTER DRIVE SPRING HILL FL 34609 160 SUMMER ST. HA VERHILL,MA.01830 TEL.978-373-0310 JUL Y 6,2007 i LEFT SIDE BUILDING ELEVATION �� MAP 1060, LOT 50 BERRY ST. PREPARED FOR KEVIN STACK CHRIS TIAIVSEN �,� SERGI NORTH ANDOVER, MA 12295 GENTER DRIVE SPRING HILL FL 34609 160 SUMMER ST. HA VERHILL,MA.01830 TEL.978-373-0310 JULY 6,2007 FDR REGISTRY USE ONLY N,�'`F , NptK� ST• BETH PADELLARO MAP 106D LOT 49 ZONING BOARD OF APPEALS row ST. 1110 11# ii 11P7,1 TOWN OF NORTH ANDOVER JrE LN. 100.00 loot MAP 1066 T LOCUS MAP . O PATE: SCALE: NTS N/F f ,�65 -- '.F. BRUCE OL/VER MAP 108C LOT 49 A-5 JOHN SRUMEM CERTIFY THAT THIS PLAN CONFORMS TO THE A-44 1, — + MAP 106D LOT $1 RULES AND REGULATIONS OF THE REGISTER OF "� "'�- A-g A-7 A-d 25 fX15T»DWELL. DEEDS ANEW ^' �, A-10,& VARIANCE I FURTHER CERTIFY THAT THE PROPERTY LINES 3A-1 AJA-4 SHOWN ARE THE LINES DIVIDING EXISTING 3A-2 jA-=3R N F LA ND OWI+IERSHIPS, AND THE LINES OF STREETS AND WAYS A-9 A-11 SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALR A Y ESTABLISHED, AND NO NEW LINE'S FOR DTVI- TING OWNERSHIPS OR FOR NEW NOTE: DRIVE WITH LOCATED IN WAYS A '�' PARKING FOR �) VEHICLE ANI? RAGE MK;JNe� CHAPTER 41 SECTION 81 X WITH PARKING FOR ANDO" VER MA .FIs 10' (1) VEHICLE: N v v 3AOA PROPOSED OFFSS 4 DWELLING OWNER & APPLICANT t 707 _ ---- N21••�Z�'1 "W- "' Ide SVIN TA C 100.00 Z6N/NG DISTRICT R2 10' 30 SrI►R�i Err+ 12295 G£NT£R DRIVE SPRING HILL FL 34609 FRONT EMESET BACK 30FT BERRY DISCONTINUED 19 SCALE: 1"=40' DATE.7/9/07 SIDE SETBACK 30 FT 40 0 40 80 FT REAR SETBACK 30 FT AREA 43560 SF NF PROPOSED COMM. OF MA. D.E.M. FRONT SETBACK 10 FT MAP 108C LOT 45 SIDE SETBACK 10 FT CHRI S TI�4 NSEN t J E/\ V l PROFESSIONAL SURVEYORS REAR SETBACK 30 FT AREA 19,865 SF 160 SUMMER ST. HAVERHILLl 01830 TEL. 978-373-0310 CBA 8503 SF Q 2007 BY CHRISTIANSEN & S£RGI INC. CBA (PERCENTAGE) 42.8X ASSESSORS REFERENCE LOT COVERAGE 5.7X NOTE:WETLAND LINE BY BASBANE ASSOC. MAP 1+DBD LOT 50 DWG.NO.95005012