Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 0 BRIDLE PATH 4/30/2018 (2)
O ���� I�u�►,grZ � ruS��Q Df co tIrn O V60ft ..13418 dw am Cf - #a a soma *4 / - f I ) i e- Qf �WA- Page 2 of 4 Application for a VARIANCE iw" a stW+N'r. ria +tom..rr'11 r N WE nx c s §tom.Boom Z oning _. - Zoning Board of Appeals I. Petitioner: Name, address and telephone number. pp Henry Kucharzyk Trustee r mac= Ur nefco RPa i +,, P.O. Box 1701 Lowell, MA 01853-1701 *The petitioner shall be entered on the legal notice and the decision as entered above. (978) 454-9993 2. Owners of Land: Name, Address and Telephone number and years under this ownership: number of n- - P.O. Box 1701 I Years Owned Land: 24+°well, MA 01853-1701 I +' I Location of Property: a. Street: Lot 20A Bridle Path b. Assessors: Map number Zoning District R-1 c. Registry of Deeds: Book NumberLolNumber_ a Page Number: oo o— o 8 6.__ 4. Zoning Sections under which the petition for the Variance is made. 4.136.3.f Table 2; and 4.136.3.c permanent structure within 100 Co n's feet of 3a 71 *Refer newhe Watershed Protection District. 'Refer to the Permresourcein R Denial and Zoning By_�w pin Review as su ppiied by the Building Commissioner 5. Describe the Variance request within the .non-disturbancecons zonertotthe lake's watershed home ?he above descHpll shall be used for the u Zoning Board Rules and Regulations as cited o �se of the legal notice and decision. A rrwre detat►ed descripfion is r a decision that does not address the Intent of the applicant. The decision will be limned to the request b page 4 of this application. Failure by the applicant to clearly describe the request may additional items not included above, squired pursuant to the y the applicant and will not involve utt in &a, Difference from Zoning Zoning By -Law Requirements. (A and B area�requirements: fosplit)Indicate the dimensions that Will not meet current Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. g Feet Spaces • Minimum Lot set Back q Coverage P Front Side A Side B Rear % I t f I I - I r of PORT ,1a Town of North. Andover Town Clerk Time Stamp O 9 Community Development and Services Office of the Zoning Board of Ic'OFF ° 400 Osgood Street North Andover, MassachusettIONIN 22 AM 10: 46 D. Robert Nicetta Building Commissioner i Ophone (978) 688-9541 No.R 1 H AMVFAR. (978) 688-9542 MASS A(CRUSE Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17. Notice of Decision Year 2005 Property at: Lot 20A Bridle Path NAME: Henry Kucharzyk, Trustee of Hefco HEARING(S): August 9, 2005 Realty Trust, P. O. Box 1701, Lowell, MA 01853-1701 ADDRESS: Lot 20A Bridle Path PETITION: 2005-020 North Andover, MA 01845 TYPING DATE: August 11, 2005 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, August 9, 2005 at 7:30 PM upon the application of Henry Kucharzyk, Trustee of Hefco Realty Trust, for premises at: Lot 20A Bridle Path (Map 104.C, Parcel 82), North Andover requesting a Finding from Section 10, Paragraph 10.4 as party aggrieved by the Building Department's denial of a building permit under Section 4, Paragraph 4(136)(3)(d)(iii)(4), a Variance from Section 4, Paragraph 4(136)(3)(c)(ii)(3) for the construction of a new permanent structure in the Watershed Protection District, and a dimensional Variance from Section 7, Paragraphs 7.1 & 7.2 & and Table 2 of the Zoning Bylaw for relief of lot area and street frontage m order to construct a new single family dwelling. Said premise affected is property with frontage on the East side of Bridle Path within the R-1 zoning district. The legal notices were published in the Eagle -Tribune on July 25 & August 1, 2005. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and David R Webster. The following non-voting members were present: Thomas D. Ippolito and Richard M. Vaillancourt. Upon a motion by Joseph D. LaGrasse, and 2nd by Richard J. Byers, the Board voted to FIND for the applicant's petition that the applicant's lot is not subject to 4(136)(3)(d)(iii)(4). Voting in favor of the motion: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and David R. Webster. Voting against the motion: Albert P. Manzi, M. Upon a motion by Richard J. Byers and 2nd by David R Webster, the Board voted to GRANT the Variance from Section 4, Paragraph 4(136)(3)(c)(ii)(3) of the Zoning Bylaw in order to allow the construction of a new permanent structure m the Non -Disturbance Buffer .Zone, per Site Plan for Lot 20A Bridle Path in North Andover, Mass., prepared for Hefco Realty Trust, Date: February 4, 2005, Philip G. Christiansen Registered Professional Civil Engineer #28895, Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830; and Residence for Henry Kucharzyk, Lot 20A Bridle Path, N. Andover MA, Date 6-27.05, Drawn by JB, Job no. 5321, G.J. Bruno Associates, Residential Designers, 28 Berkeley Road, N. Andover MA, Drawing no. Al. Voting in favor of the motion: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and David R Webster. Voting against the motion: Albert P. Manzi, III. Pagel of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of 1�� EQ Community Development and Selr ces�`iv s sn Raymond Santilli, Interim Community Development Director Telephone (978) 688-9541 400 Osgood Street 22 North Andover, Massachusetts 1 45 N%'—N SAET ' trax (978) 688-9542 � �}��j ii�(� The Board finds that the Revised Plan of Land located in North Andover, Ma., Prepared for Landsail, Inc., April 2, 1979, Scott L. Giles #13972, Registered Land Surveyor, Frank C. Gelinas & Associates, Engineers & Architects, 451 Andover St., No. Andover, No. Andover Planning Board Approval Under Subdivision Control Law Not Required, NERD Plan #8088, recorded May 7, 1979, presented to the Board during the Public Hearing of August 9, 2005, shows that Lot 20A Bridle Path was created prior to the May 1987 Town Meeting Article 9, changing the Lake Cochichewick Watershed area from R-2 (lot area of 43,560 sq. ft., or I acre, and street frontage of 150') to R- 1. The Board finds that both the Revised Plan of Land of 1979 and the Site Plan of 2005 show that Lot 20A Bridle Path has 1.33 acres and 150' street frontage, therefore, the Board finds that Lot 20A does not require relief from 7.1 (lot area) or 7.2 (street frontage) & Table 2. The Board finds that Lot 20A Bridle Path was created prior to the October 24, 1994 Special Town Meeting Article 1 therefore, the lot is a part of the Non -Disturbance Buffer Zone, not the Conservation Zone. The Board finds that the Town sewer system was extended to Bridle Path in 2000. The Board finds that the applicant's representative testified that the lot was not held in common with other abutting lots. Finally, the Board finds that owing to circumstances relating to the soil conditions, shape, or topography of this land, especially affecting this land but not affecting generally the zoning district in which it is located, a literal enforcement of the dimensional provisions of the ordinance would involve substantial hardship, financial or otherwise, to the petitioner, that desirable relief may be granted without substantial detriment to the public good, and that desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of Section 4, Paragraph 4(136)(c)(ii)(3). The applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: 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 Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2005-020. M104.CP82. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Henry Kucharzyk, Trustee Petition for Variance Lot 20A Bridle Path, North Andover, Massachusetts The applicant, Henry Kucharzyk, Trustee of Hefco Realty Trust, has applied for dimensional variances in connection with the proposed construction of a single-family dwelling on the property at Lot 20A, Bridle Path. The property is located in an R-1 zoning district and is also in the Watershed Protection District. This application seeks a variance pursuant to Section 4.136.21, Table 2, and 4.136.3.c.ii(3) for construction of a permanent structure within 100 feet of a wetland resource in the Watershed Protection District. The property is a lot that was created pursuant to an approved subdivision plan prior to October 24, 1994 and is a lawful prior nonconforming building lot with respect to area and frontage pursuant to G. L. c. 40A, Section 6. Specifically, the property has 150 feet of frontage and over 57,000 square feet of lot area, both less than the current requirements pursuant to a zoning change in 1995. However, the property has been held in separate ownership, not in common with any other adjacent land, since the deed of the property to the applicant's predecessor in title on August 1, 1979. The property was conveyed to the applicant by a deed dated January 8, 1982, and recorded January 18, 1982 in the Essex North District Registry of Deeds in Book 1557, Page 86. Accordingly, although it does not meet the current lot area and frontage requirements, it is not subject to the 1995 amendments to the lot area and frontage requirements that rendered it nonconforming with respect to these dimensional requirements. Since the property was created prior to the October 24, 1994 effective date of the amended Watershed Protection District, pursuant to Section 4.136.21, the non -disturbance zone from tributaries of Lake Cochichewik or other wetland resources applicable to the property is one hundred feet. Section 4.136.3.c.ii(3) of the Bylaw authorizes construction of a permanent structure within the non -disturbance zone of the Watershed Protection District (within 100 feet from a wetland resource) provided that a special permit is issued by the Planning Board after the granting of a variance by the Board of Appeals. The dimensional variance requested is the minimum variance that is required to accomplish the request of the applicant to construct a single-family home on the property. Without the requested variance, the property will be left with no economic value and the applicant will be left with the obligation to pay taxes on the property with no opportunity to recover any value. The applicant proposes to develop the property, as shown on the accompanying plans, in a manner that will effectively and efficiently protect the watershed. Based on the above, and on the submitted pians, the applicant requests that the Board find that the standards set forth in Section 10.4 of the Bylaw for the granting of the requested variances have been met as follows: 1. Conditions and circumstances are unique to the applicant's lot, structure or building and do not apply to the neighboring lands, structures or buildings in the same district. In Henry Kucharzyk, Trustee Lot 20A, Bridle Path June 15, 2005 Page 2 particular, the location of the property within 100 feet of a wetland resource in the Watershed Protection District, and with no other opportunity or ability to move a proposed dwelling out of the non -disturbance zone, is unique to the property. 2. Strict application of the provisions of the Ordinance would deprive the applicant of the reasonable use of the property in a manner equivalent to the use permitted to be made by other owners in the same district, by depriving the applicant of the ability to construct a single-family dwelling on land of similar size and configuration to other lots in the neighborhood. 3. The unique conditions and circumstances, described above, justify the granting of the requested variances. 4. Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of the Bylaw. To the contrary, the relief sought will enable the property to be used in a manner that will make the property more conforming to the public good and more in keeping with the purposes and intent of the Bylaw, in that the property will be used for residential purposes in a manner that will not impair or negatively impact the watershed, since it will be developed using best and appropriate drainage practices that will adequately and effectively protect the watershed. For the reasons stated above, and additional reasons that will be presented at the hearing, the applicant respectfully requests that the Board grant the requested relief. Dated: June 15, 2005 370468v.1 Henry Kucharzyk, Trustee of Hefco Realty Trust By his attorney, Howard P. Sp 'c DAVIS, MALM & D'AGOSTINE, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED .. Office of the Zoning Board of Appeals JOYCE BRADSHAW 'sswcHu••`� 400 Osgood Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 uU, .'Ji. Building Commissioner Fax (978) 688-9542 F Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 9h of August, 2005 at 7:30 PM to all parties interested in the appeal of Henry Kucharzyk, Trustee of Hefco Realty Trust, for premises at: Lot 20A Bridle Path (Map 104.C, Parcel 82), North Andover requesting a Finding from Section 10, Paragraph 10.4 as party aggrieved by the Building Department's denial of a building permit under Section 4, Paragraph 4(136)(d)(iii)(4), a Variance from Section 4, Paragraph - 4(136)(3)(c)(ii)(3) for the construction of a new permanent structure in the Watershed Protection District, and a dimensional Variance from Section 7, Paragraphs 7.1 & 7.2 & and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a new single family dwelling. Said premise affected is property with frontage on the East side of Bridle Path within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on July 25 & August 1, 2005. Legalnotice 2005-020. M104.CP82. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 .. W1 b as- o m a Town of Noartb Andover Town cnk TMe 90VW Community Development and Services Office of the Zoning Boud of 4WEVEFFICE 400 Osgood Street North Andover. Ma%ache11 to aM 46 D. Rabat MUM HWS' 'm(973)689-9541 Builang Cormniswaw 1f fit; (978) 688-9542 ?histo= rmtW*WdW he" els_pad dole d ded" WAny V* *A be dW within Ndtee of DaCWW wtthaa If a S (20) days Aar the dela of idiog Year 2005 w of this nwaa in iha of8oe of the TM CNlll Town C9adt, tsar Mass. Gat. 4 ch. 40A, 317. Peopetrq apt Lot 20A &101e?stlt N Hetiary Kweham^ Twos of HRARINGM Aagast !, 2000 Renity Timet, P. O. Box 1701, L4w4 MA 01853-1701 ADDRZM0 Lot 2M BA& Path P1tTiTiiON: 100diai North AndoearMA 01845 TYPW DATE: 1 l 2005 The Naath Ando w Hood of ARxdo bdd a pdit hmdngt itg mPdw m0e16aD is die Town RA trop floor westing raM lX,M & Shoat, Na * Aokm, MA on The *, Angod 9, 2003 d 7:30 PM tt = the of l0eary KMh Mto To" of B*o Raetty T=6 ibr pram I at: Teat 30A arUb P" WV 104.0 M 82), North Arrdum mgnsdoo a Flodiui ilm Sedian 10, Perapaph 10.4 as pady agpipad by t1a Bsikb#, ye DapsrtrseWs doW of tt boilft Poo* =der Sodas 4, PnMh 4(136)(3X9*)(4X a Vx*W fim P=V* 4(I%X3XQ(0X3) 2W the eosMUNdaa of a naw ptrmOmatt sOracnrtrs in the Wslsrshed Pr�otectian ,. and a 41menjund Val howSoudan7, Pwmpapbs 7.1 da 7.2 d: sod Table 2 d the Zardag Bylaw for r4W tat stat gad etaeet ft nn! q 1 in ardor to eaoat+M a new WOO timtity dwdb & Stdd p 98ft afilcoed isPTP with iinonibtge ag the EeK side of Htidb Pao widrin the ik-i zaaft disuia 7% legal nodosa ware . Eagle•THUm an July 23 A Augast 1, 2005. The fallowing rating merttbers was panew Elko P. McUd m Joseph D. Laura m Rk od J. Byers. Alba. Mead. TR and Dnvld A Webster. The %Uowittd nanm3ft nttaotbeaot wean; P, Thosm A 1ppotho ad RkW d M VOMMO L e p�etifiaa that the 'Dlotis sa i�j+sat to 4{136)(3Xd)(iii� 4�j.' the HoeN voted to MD for tlae applicmot' VodtV in Btvor of the mod= Eon P. Mdetyr0, Jowo A T.afha M Ricard L ApM Aod David L WNW, Voting apunet the molioa: Am"?. Manzi, III. Upon a nation by Rkbwd L "and a by DPW R WdXW, the 8oatd dated m GNMT 1110 Va,r4tano0 ltam Section 4, Paspaph 4(136x3XcX*(3) of do Z eS Bylaw in anter to allow the ooamsodon of new POUVA rrt srs CWN in die Nost•Aistabdtoa Buhr Zara per Sia NO fm Lot 20A Or1d10 Pok in Noath Aubm, MOL, prepared far Hyo Realty Tfue, Data: FebruM 4,2M, Pb ft 0. Cbdolkwale weglured Paatlodord Civil ,8nglmer �112$s9s, � Serpi, l60 SnmOmer StrOet, Ifavethiq MA 01130; Ona Ratldettoelbr f�nry Aeso� Re admal Lat 20A �, Bodeley Road, X Andover MA. so Al. S3xl, QJ: H[tloo voting in furan d the mod= Me P. MciMM Joupb D. LeCiWI% 8iah ud J. AM ttad David X WeitOW. Voting agaisat do modow Albert P. Manzi, M Page 1 oft ATt°RST: A Trus ODPY Py. 01+dM"W Bard of AWWk s'ts- 6n9s41 ttaitatnasrrs-6a"M CMMVWGM 9'I"8"53o F 974.6a 91 a:�-�sas ,CJ' A, w cry w CA t7' Wk I e Town of North Andover p of the Zoning Board of AMW.CFF Offic Community Development and Se v>s�on 400Osg!Wd Street IffijU6 21 AM lu North Andover, Mtaasasrasetb Development Dimctor Telephone (918) 6$5-9541 AL TOWN�A��E.� (97$) 688-9542 IU Bard finds that the Ran iIW Plan of Land loa W in North AndoNw. holo, ?1,%atcad for I indsail, Im, Apt 2, 1979, Snot L. Was #113972, Magid WId Land Sarveyar, Faak C. Odin" A Aasodseifar, &Wbm a & A r"Ocb► 431 Andwer St., Ida AUd VW, Na Andwar Phmaing board AWOW Under Swbdivieian CU*d Law Not Regi bv4 NERD Plat ti8088, raocrded May 7,1979, preem'Oed to the Bead dnriag the ftblic Hearing of Arguer 9, 2005, shows dot Lot 20A Bridle Fath was crested prior to do May 1987 Town Meeting Article 9, Amnaing the Lake coohichawick waierrlted zu fm Rr2 (lot ares of 43,560 4 t. or 1 W% Md street &omega of 150') tot R- 1. The Board & dt drat both *e Rmised Plan of Lad of 1979 and the She Plan of 200.5 AM thrid Lot 20A Bridle Path has 1.33 am and 150' street iontsge, dwvlxv, the Bowd:8nds that Lot 20A does net require relief from 7.1 (lot arm) or 7.2 (street ficatop) dt Table 2. IU Bond oda that t d 20A Path Wn created Pdor to the October 24,1994 Spodd Town Meedag Article 1 dwehM the lot is a part ofdoe Neo-DisObeace Bd5w Zana not the C an vWou Zone. 'Ihs Board fords the ttie Tawe sewer system was ad eadbd to &idle Path in 2000. no Board "dhdrt die VPlidaot's reprasmtadtro "Id" that the lot was ndt held in oOMMOn wish odier shiltidlg lots. Finally, the Board finds that wring to dreta bo moos rek ft to lite boil conditions, ahs or tnpogrophy of this lead, eapecIdly at%ctiag this land but ant dbating generally the MinS district in Voids it is loaded, a literal eosfiaram M of the dimaxon tl pravasicna ofthe a ftwoe would involve substantial hwdeblp, financial or adtarwise, to doe petitimar, that desk" relief may be p ated witbad subsgmdd deb luwW to the public go4 and that desirable reWum be graomed without au libinS cr stblwtly d tm the itltaot ar pi rpow of Sect ien 4, Palgno 4(136)(OXhX3). 'lite applicmtt has satis6od the provisions of Section 10, paragraph t0.4 of 60 Toning Bylaw in tidt the Wanting of the Variance will not advemaeky +dfed the neighbbrhaod or derogate frame the intent dmf purport of tht Zcaing Bylaw. Noft The gaaadtutg of the Vvi+moe sadly Special Permit as requested by the appiicW does ad meow* ensure the grading ofa. bwft permit as the appihm must sbide by all gphmbb boat, di * sad bdleral buildicg cdades and repUdons, prim to tie issuance of a building permit as required by the BuAft Ccntmisaicner. F=ftrmore, if ate ri$a au**ked by the Va janc a aro not acercised widain we (1) yaw oaf the dab of the pan, it shall tepee, said may be reatabiistaed arab► atter notiodd, clad a naw hearing Fu rdaetmoM if a Spedal Patmit Wanted under the ismisicros ombinad hardn"be doomed to have lapsed d w a two (2) yen paW Rvm the date a which the Spend Permit was granted cmless substantial use or ono on has eosomenead„ it doll hepta and maybe a.eatablid wd only after notice, soda new' a ill. Tawe of Narlh Ando w Board afAppasds, 1 dlll Ellaa P. M *m N* Deaillian 2oo5-oxo. M104.CPtL Page 2 oft goad d Appods 9M 6284341 9WMIaa 9Yf•~0 Coommdao 978.6sa4S30 If A 97a404340 moa W84WS3S ♦ s �SSwcNuSEt D. Robert Nicetta Building Commissioner Town of North Andover Town Clerk Time Stamp Community Development and Services Division REIT EiVEp Office of the Zoning Board of Appeals JOYCE :BRADSHAW 400 Osgood Street rLF i( North Andover, Massachusetts 01845 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals iuUS JL. i r Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 9t' of August, 2005 at 7:30 PM to all parties interested in the appeal of Henry Kuchaizyk, Trustee of Hefco Realty Trust, for premises at: Lot 20A Bridle Path (Map 104.C, Parcel 82), North Andover requesting a Finding from Section 10, Paragraph 10.4 as party aggrieved by the Building Department's denial of a building permit under Section 4, Paragraph 4(136)(d)(iii)(4), a Variance from Section 4, Paragraph 4(136)(3)(c)(ii)(3) for the construction of a new permanent structure in the Watershed Protection District, and a dimensional Variance from Section 7, Paragraphs 7.1 & 7.2 & and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a new single family dwelling. Said premise affected is property with frontage on the East side of Bridle Path within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on July 25 & August 1, 2005. I f Legalnotice 2005-020. M104.CP82. o ry o "moo a V v N > > —: IU5 jv,u Q 31 p� M U) 6 .L O (D O. W N C Q to Al j 7 N Ip N c I N c D iii cni o ao -'� �omaw�moa°cwww°rno=°aa�Q 8a o mf�'oam ao AA c� vc�DOW<. �a�Nwm Ramco°f���_o9° oa�GiBnc o0soN.o��� �m=� m°0mom ) I 'Qo<°�mynv��� •ooDm°�33m°.co �°a!'���-o, -11 CD�om.o»�O�n r j 5'0'0 oma° --?�SmA��° 3mo�w°'xwmoa�-�=o °Hr, a mop .m °�a�aR� °���y �° � w .o ��" "�' �cn 3�m��- _.DMZ Z c°a ia��n�� mmy�cop°1°o��m=1°v �o�a�c_ �CD D o°R� S°-�y ap O o� yKy�wOm°�sN�m w oo¢°ow0�v�wp°�wcmc��'oR.z�wy�Sa iaCDCL °�Z�DaA- 1::r �opfDmmo obi•m`n°CD 2—) 11M CDRW7ra:rCL Qm�n°aro- m�ao9=owo&nosy m Bo' m°� 0MRO 3a o m .mom 4=A a°oar. m ° o `n000 o`er 'o o - m m o m' m m s^ mco Sty_ ° �_ a� wco m s_ D ��_ n 53 A Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0037 Date: July 15, 2005 iPPLICAT ION TYPE: SUBMISSION DATE: Variance & Finding Tue Jul 12, 2005 Applicant's Name: NAME: HenryKucharzyk Hefeo Realty Trust ADDRESS: TOWN: STA' PHONE NO.: FAX 141 EMAIL ADDRESS: tt Site Information: Work Location.: Lot 20A BRIDLE PATH TOWN: NORTH ANDOVER, MA 01845 GIS # MAP:BLOCK: 8815 104C Reason for filing: Finding from 10.4 for party aggrie the Wetlands Protection District; HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE- Tue ECAUSE Tue Jul 12, 2005 REFERRALS IN DATE: Mon Jul 25, 2005 FIRST ADVERTISING DAT Mon Jul 25, 2005 SECOND ADVERTISING I Mon Aug 01, 2005 MEMBERS PRESENT Owner's„ Norr- Date .7 A 27 5 R1N w0omER zB � OF NO AILING DATE: Wed Aug 03, EARING DEADLIN Thu Sep 15, 2 EARING DATE: Tue Aug 09, 2005 EARING TIME: T4V� RE% 1 ` s��.�................... tvas ...�•''' yam, "Q••��•........••••�•�� �t� ���� tta ... fol I R eceiveab3 ............. —�F'7 ' ,, , �. ?re suvef NK. Der" ,fit mellt APPEAL DATE: FINAL SIGNING BY: APPEAL DEADLINE: I VOTING DATE: DECISION DATE: VOTING DEADLINE: DECISION DEADLINE: Thu Oct 20, 2005 Thu Oct 20, 2005 VOTE: GeoTMSS 1998 Des Lauriers & Associates, Inc. ZBA 2 7 5 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that .................... 4.— IJ haspaid.. .0!..oD ... ��v ...... o.. 7 .................... ..... �0.t Received by ............ .................... Department .................. z -..6.A .............................. ..... ...... ...... WHITE: Applicant CANARY: Department PINK Treasurer No.: Datel-l-R-0 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee Foundation Permit Fee $ Other Permit Fee ge-ox s No.: 200!� Date a D Q% t, , ..,: TOWN OF NORTH ANDOVER 00 BUILDING DEPARTMENT Building/Frame Permit Fee ;ACHUS Foundation Permit Fee I Other Refffqt-Fee 4c, ( 'f- fev.�, 94 Tr -Ewi -A 4,TM, c- ar% 1 w Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0037 Date: July 15, 2005 APPLICATION TYPE: SUBMISSION DATE: Variance & Finding Tue Jul 12, 2005 ADDlicant's Name: NAME: Henry Kucharzyk Hefco Realty Trust ADDRESS: TOWN: STATE: I ZIP CODE: PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: Henry Kucharzyk Hefco Realty Trust ADDRESS: TOWN: STATE: I ZIP CODE: PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: Lot 20A BRIDLE PATH DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 Section 4 GIS # MAP:BLOCK REFERRALS IN DATE: LOT: ACTION TAKEN: 8815 104C Mon Jul 25, 2005 I Parcel82 Reason for filing: Finding from 10.4 for party aggrieved denial under 4.136.3.diii.4 , Var. from 4.136.3.c.ii.3 for construction of anew permanent structure in the Wetlands Protection District; and dimensional Var. from 7.18 7.2 for lot area & street frontage. HARDSHIP FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Jul 12, 2005 Wed Aug 03, 2005 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Jul 25, 2005 Thu Sep 15,2W5 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Jul 25, 2005 Tue Aug 09, 2005 SECOND ADVERTISING DATE: HEARING TIME: • 1 VOTING DEADLINE: DECISION DEADLINE: Mon Aug 01, 2005 1 Thu Oct 20, 2005 1 Thu Oct 20, 2005 MEMBERS PRESENT: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. VOTE: Town of Nortb Andover Tmn Qmt T=w smw ''• '�" Commnsdty Dev+elopmeat and Se:vireo . , . FFFICE Office of the Zoning BOU d of E '� 400 Osgood Street North Andover, inset AM 0 46 D. Robert MOM ;I (978) 688-9341 Building Conmdooeer Nwt�' yEll (M) 68&9542 A USETi5 Any qVW gall be filed within (20) days afMr the dols d Mift of" notice in dw OEM of the Town Cleat, par Muss, t3en.1. cb. 40A,117. Thin is a aw* thmtw^* ref dw haw spw hm doofdmaroaIN Nada ofDKMw + Ofan 3 is Ymtr 2003 Staff a Plow is Sec loot 20A sd& Patlt N Hwy es21y Tevlae otT MU"G(Bk AgPW 0.2006 Realty Tmd, P. Q Boat 1701, L4w4 MA 01153.1701 ADBMM— W 20A WM— Petr P15'PirwNt North MA a1 sws DATE: 11 2,005 The Nadh Aodom hoard of Appals hdd a pdit hmmlSg d m rspdar =meteop In dw Tawa Hou top iboar mete�ap mom 120'Mttin Sonet. No&AoRlcww. MA oa'imdiv, AusW 9, Mat 7:30 PM Moa do of Bary NWAN qk in" of B*c Raft Trost, fiat pamW= at fiat 20A *Aft Path Owftw 104.C, 82N Noeth Atdorer ragmen % a Finding ltamn Ssotlm 10, Pmpaph 10.4 u Ppb' madmW by go DepattioWs 4wW do b al ft pamit ander Sod= 4y h 4(136)(3)(d)(Oi(4), a Vecbmoe lnam 1040 4, Pamp * 4(136)(3XoXSX3) for the oonserdcdott da new Psrmsnsr aractuta in tiro Wmisrmlred Paotecfioa ,. and a dbmeudwd Varianos Stan 9mmaioa 7, Pa sl 7.1 A 7.2 A and Table 2 d rite Zomatlg >+ Bylaw for int ansaInd oft a tootdsrEo aadsttw a ww sbo bs* dwelft SSid p[atdse d, , 'is wan UK UP Eagio-Ttibaae on Jab 25 A AuSM 1, 2005. Tbd famwwft vadsd mmnbms wave p:sseat: On P. Joseph D IatGraase, RWwd I. Byaea, "XI MOW. Ix ad Owen A Wd mar. TLe Wowing =*,Mltlp it 1 1,as wpe pMM Tbomiwr D. xp m to ad Mod X VOMMO mnt. by �� � _ lot m � *aHtwtd voted to FM for Ste MUM'S Vo ft in f am ofdo motiami: FJ6eA P.14lcldyre. Ioseph D. LSthtraes, RiChtmd % ► and David R. Wdtslac. Voting apdntt the modow Albert P. Maoa!„ 1D. Upon a motion by Rk isttd J,1Jytas mud 2~ by OWN R wdxl ti dw 8aatd voted is GRMT rho Vown nam Sad= 4, PNMMh 4(136X3XoXMM d ffim S �atW to W M AM the oeastmWOM d a new peons w& attoc I in tht:lVon•Dietott , F B1d11tr Z k per Sb Plea fhr Lot 20A Rd* Path to Netdt Andover, Mrs., prepared *r H*o, Ratty TnK Daum., Fdrmy 4.2003, Phi1tP Q Cidetiaoola PASIN W Pfthsdoaral Chd Bn bww t12u93. ckwmm A so* 160 4misr Sired, an"" 010% Aad 1tm mme, fir Henry Kwhtazyk Lot 20A NO Piltb. N. AWWK hK DO W743. Dm -b) A Job ao. 332L (3.1. &M Asm alt s. RmdeotW Ompm% 28 BeeiWq Rows N. Aa*ww MA, Dnwft so. Al. Voting to iltvor of the notice: On P. McIAM Joseph A Leaum Mod J. Hymn► Sod David R WdXW. Voting #VAM the modes Albert P, Murat, OL Paget 1 of 2 A Tr grue �Y ).a W6*M.r Bond of Appob M 6t+fi-9341 Boi Mbg 971.dm"US C4mwvW= 975409330 HrW& 9784$"54FCjf*6M9533 416 A' 10 rU w cn w c1�t cr ON -7 ( 0j F u 4.JA. Town of North Andover Office of the Zoning Board of A . IF . Community Development and Ste vvsion s 400 Osgood street O Imedo Comanu ty North Anrlpver, ItWO De4doP310% Dkwwr ' (978) 888-9542 Telephone (979) 699-9541AI",�{1y5E Tau Beed Snde abet dw Retia d Pian of Led located in Notch Acdwer. Mme, A'Cd for lames 1979, Scott i,.. tiilea d13M Rs feberd Lwd Swv0w' � C, rid us dt Aaaa Mi �'►td�ibe�. 451 AndoSt:, Na AWWW,, Na Andow Numb& $wd APP'� UOdi°r � �°M;� LLaw Nat ver LAIRD Plan #808% recorded May 7, 1M, P000d to the fiord +dune$ dw Poblia Hewing of A gl 9, 2003,, dwwa But Lot 20A &idle pA was averted Prig' to dh01►#ay 1987 Town Maetitq� Ardcl0 9, houp of 4; 0 R* to Laine W s o tom 1t-2 (lot Brea of 43,560 4 0, ar 100% wad throat 1. The Hoard " that both dna Revised Plan of Land of 1479 and dhe Sibs Flea at200S aboow i1hR Lot 20A Bridb Path hes 1.33 soros wd 150' street ionuok dhwdara, do 1?�atd ft& drt Lot 20A does not wpi m relief tmm 7.1 1A20A ft* PA r (tat area) or 7.2 (erred fro0isre) & Table 2. Mw Bowd %& tial taf ttt Md PW to the October 24,1'944 Spedd Tom Meeting Attach 1 d�ste#are, tt�e fat is s potDarin N d to B tboroa 13nffiar Zona ewt the Ccnservat o Zona 'iU Board Sada dut the Town sewer system vim s ended ba &idle Path in 20110. 1U Board £Dods dbat the gm5nad's lope eednt�i" tt08ed th+tt the lot was not ltdd in Doorman wim attta abs ih� � Finally, d►e Band dnde that oa►btg to � �g to $0 :sot? otbdidam, dwV% lft eveoially affecting dds bad but not >�b' �° �t district is whk6 & ie lot;tmed, s liberal cr ®fataem®t of the dimmsiao0l prowi*w of the adinoa would involve xhoWatiol bwdahip, fee " W otherwise, to are Petit ow, drat desirable relief nog' be Waded *001twb st datrianent to *a i VA that de si mbw rotor#may be Braked widulA VAbkS Cr n6dmd* dowoft ttmt dN hANd ar Pw of Seotian 4, p=groo 4(136)(oXii)(3), ns box s offed 68 !si'ow of Section 10, peraWN* 10.4 of the Zoning Bylaw in that ow Bnm►ting of tris Variance wrM not advaolAy aged the a4bboftwi of daW* Tram due ktmt sod purpose of the Zang BYlaw. of dw Vaisnoe rmdia SpOW Pa mit ass requested by the appliamt does not 0e0001K y MAM the 'ice ae the ntmt abide by 011 apPlicebb lanai, ata * =d �ta1 bu11d3a$ codes the V d ori of 0 bion w � of s building Peewit as required by du C antu- and ngnLrtaas, P� ywomuo +e, if the don a dmized by the Vrvmco are tut a terdeed w3 bki ane (1) year atldw dda of tlhe groat. it AA lapse, and may be rsedablis6ed catty aft aotiee, sad It near baa'ing. Puudw rRw% tf a Spedv Permit Waded order the paaa►isiaa<0 comsmed herebt ttbali be domed to have use a � ��� a �'0 period AM dw d0to m which the Spoowl Prtmit was Plod ed torten sand may be m4omtl tubed WY Siff nonce surd a now hearriag. Tom of Nw& Andw#w Board a %.!) i n] .4 P�r� Elim P. Mabttyr% ter neddw 2003 -ora. M104.CPa. Pare 2 of 2 8muddAn"970.60069341 VAdit9704M$0 CoM x&9=970.6804530 Hed&9"404340 "Mu"49904169333 Registry of Deed5 Northern District of Essex County Lawrence, MA 01840 1O/O7/O5 m # � O Pl� C�bs O.00 TO ikomas J. V. ' Page 1 of 1 Glennon, Michel From: Thomas J. Urbelis [tju@uf-law.com] Sent: Tuesday, August 09, 2005 9:28 AM To: Ellen McIntyre Cc: Glennon, Michel Subject: FW: Ellen ......... I thought this might be of interest. From: Kelly M. Patterson Sent: Tuesday, August 09, 2005 8:24 AM To: Thomas J. Urbelis Cc: Kelly M. Patterson Subject: Kelly Patterson Urbelis & Fieldsteel 155 Federal Street Boston, MA 02110 Phone No. (617) 338-2200 Fax No. (617) 338.0122 8/9/05 i1 (�U zt AUG 9 0 2005 D BOARD O APPEALS HENRY KUCHARZYK, Trustee of HEFCO REALTY TRUST V. g. RICHARD S. ROWEN, ALISON LESCARBEAU, JOHN SIMONS, RICHARD NARDELLA and JOSEPH V. MAHONEY, as they constitute the PLANNING BOARD of the TOWN OF NORTH ANDOVER Misc. Case No. 249120 May 9, 2002 Karyn Faith Scheier, Justice i`. Denid ofSpsridPrraei!-Censorac6ate is a �YnRshed—The North Andover Plarming Hoard raised legitimate concerns regarding exceptional storm events and the efficacy of the plaintili's proposed mitigation when denying a t landowner a special permit to construct a single-family horn within the ' watershed of Lake Cochichewick. DECISION n this action brought pursuant to G. L. c. 40A, § 17, Henry Kuchar yk, as Trustee of the Hefco Rcaity Trust (Piaintif), appeals a decision ofthe Planning Board of the Town of North Andover (Board), denying his application for a special permit. Plaintiffowns a lot of land shown as Lot 20A on Bridle Path Road in North Andover (Locus). By his application, Plaintiff seeks to construct a single family dwelling on Locus, which is within 100 feet of a tributary of Lake Cochichewick. The North Andover Zoning By-law (By-law) in effect when Locus was created al- lowed construction within 100 feet of a tributary of Lake Cochichewick only upon the grant of a special permit. I A public hearing was opened on March 17, 1998. Due to concerns raised by the Board, additional sessions of the public hearing were held on April 21,1998, and May l 9,1998, during which time Plaintiff ad- dressed some of the issues raised by the Board. The public hearing closed on June 2, 1998. On June 5, 1998, the Board issued a writ- ten decision denying Plaintiff's special permit application (Deci- sion), and Plaintiff filed this appeal, 1. Subsequent to the creation of Locus, the By-law wimamrnded to prohibit any construction within 100 feet of a tribunary of lake Cochichewick. ' 1 • 1 i1 (�U zt AUG 9 0 2005 D BOARD O APPEALS • • Land Court Decisions -2002 Volume 10 CITE AS 10 LCR 153 A trial was held on October 12, 2000, and a stenographer was sworn to take the testimony of one expert witness.2 The parties submitted fourteen exhibits, some with multiple parts, which were admitted in evidence, and used one chalk, all of which are incorporated into this decision for the purpose of appeal. Based on the parties' stipulated facts and on all of the evidence and the reasonable inferences drawn therefrom, the court fords the fol- lowing material facts: 1. Plaintiff is the owner of Locus, an undeveloped lot located on Bridle Path Road in North Andover, consisting of approximately 57,935 square feet of area. Locus was first shown on a plan enti- tled "Revised Plan of Land located in North Andover, Massachu- setts prepared for Landsail, Inc., Scale 1" = 40', dated April 2, 1979." This plan was endorsed by the Board "approval under the subdivision control law not required", on April 3, 1979. 2. There is a no place on Locus where a single family residential structure could be constructed that would not be within 100 feet horizontally of a tributary of Lake Cochichewick, As proposed, Plaintiff's house is located approximately fifty feet from the trib- utary. 3. By-law Section 4.133(3)(d), applicable in 1979, when Locus was created, provided: "[n]o construction shall occur two hun- dred fifty (250) feet horizontally from the annual mean high wa- ter mark of Lake Cochichewick and one hundred (100) feet hori- zontally from the edge of all tributaries, except by special permit." This special permit provision was subsequently deleted, thereby prohibiting construction within one hundred (100) feet of a tributary of Lake Cochichewick 4. By-law Section 4.133, entitled "Watershed District", notes that Lake Cochichewick serves as the drinking water supply for the Town of North Andover_s 5. On July 22, 1998, Plaintiff submitted a Notice of Intent to the North Andover Conservation Commission (Commission) to construct a single family home on Locus. The Commission granted an Order of Conditions on September 2, 1998.6 6. Locus is currently a wooded, unimproved lot, As shown on a "Determination of Applicability" plan, the tributary in question is a intermittent stream located toward the rear of Locus. The stream. is bordered by vegetated wetlands, forcing any surface runoff to travel through the vegetated wetlands prior to entering' 2. Plaintifrsexpert witnewwas Philip Christiwsen wbowasquaiifiedatttialas an expert in civil engineering. 3. The Board Med a motion in limine to exclude exhibits 11, 12,13A and 138, which was denied. The Board renewal its objection at trial. 4. The parties have stipulated that the By-law that is applicable is the one that was in effect when the lot was created in 1979, and there is no challenge to the va- lidity of the By-law. 5. As a statement of its purpose, By-law § 4.133 (1), provides: -It1he watershed District surrounding Lake Cochichewick, our source of water supply, is intended 10 to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lace, to conserve the Mural environment and to protect the public health, safety and welfate.- the stream. The stream then travels for over one mile through a series of small ponds before reaching Lake Cochichewick. 7. Plaintiff proposed safeguards for improving Locus, including constructing the asphalt driveway as far away from the vegetated wetlands as possible, installing a catch basin in the driveway with an oil and gas trap, and constructing a water quality swale.7 Roof drainage would be handled by a series of dry wells infiltrat- ing directly into the ground. S. The project will remove vegetation from Locus and increase the area of Locus that is impervious. Runoff from Locus eventu- ally reaches the Town's drinking supply. 9. Plaintiff proposes a no cut buffer zone `twenty-five (25) feet horizontally from the border of the vegetated wetlands.."s In ad- dition, Plaintiff proposes a fifty (50) foot no construction buffer zone from the edge of the vegetated wetlands.9 The Order of Conditions limits the use of fertilizer and prohibits the use ofpes- ticides and herbicides on Locus, and also requires the construc- tion of a wall at twenty-five (25) feet from the vegetated wetlands, to provide a physical barrier. The Order of Conditions does not include a requirement that the catch basin and swale be regularly maintained. Plaintiff seeks a special permit to construct a single family home within an area that is subject to special protection, beyond the typical zoning restrictions. Locus is located within the watershed district, and the proposed structure will be located within fifty feet of a tributary of Lake Cochichewick, which serves as the drinking water source for the Town of North Andover. Plaintiff has taken significant steps to minimize the impact the proposed construction will have upon the water supply, to the point where he argues that there will be no adverse affects resulting from the construction. The Board had numerous concerns about the runoff into the intetmittent stream, and after several hearings, issued a decision denying the special permit. Although the Plaintiff's ef- forts to mitigate the impact of his project satisfied the Commis- sion, which issued an Order of Conditions for the project, the Board has raised legitimate concerns that are sufficient to uphold its Decision. In order for Plaintiff to be successful in overturing the Decision, he must show that it is "based on a legally untenable ground, or is that because these documents nts came into existence after the date ofthe Decision, they we not relevant in this de now review. This court concluded that the infor- madw was relevant both to show the likely effectiveness of Plaintifrs proposed ermhunmental protection mcasutrs, as depicted on the supporting documents - tion provided with the Notice ofhxent, as well to as establish that Plaintiffcould have provided the Board with the infomation it requested. The latter point was pressed by the Board 7. The catch basin and water quality Swale are not required in a project this size, but they comply with the Smrmwater Management criteria provided by ntee De- partnent of Environmental Protection 3. By-law § 4.133(3)(c), provides for a -no wt buf%r zone ... twenty-five (25) feet horizontally from the edge o€all tributaries in the watershed." b. The Notice of Intent and order oMinditions and related plans are the subjects 9. By-law § 4,133(3)(d), provides for aro constnXtifln bufferme "nee hundred of the Board's motion in limine, referenced in fn. 2, bereoi The Board argues (100) feethorizoetally form the edge ofall tributaries, except by special permit" CITE AS 10 LCR 154 unreasonable, whimsical, capricious or arbitrary." MacGibbon Y. Board ofAppeals of,FDuzbury, 356 Mass. 635,638-639 (1970). It is not enough for Plaintiff to simply show that a special permit could have issued under the circumstances. Zaltman v Board of Appeals of Stoneham, 357 Mass. 482, 484 (1970). As one court stated "[t]o hold that a decision of the board denying a permit is arbitrary and capricious per se whenever the board, on the facts found by the trial judge, could have granted a permit, would eliminate the board's intended discretion." Gulf Oil Corp. v Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969). Therefore, despite Plaintiff's diligent efforts, if the Board's reasons for denying the special permit are within its au- thority, as delimited by the By-law, and are supported by the facts found by the court, the Decision must stand. The Board made four "findings of fact" in support of its denial of Plaintiffs application. The first finding states that the "specific site is not an appmpriale location for the construction of a single family home and driveway as the home is located only fifty feet from the edge of the tributary..." (emphasis in original). The Board went on to state that Plaintiff should have sought a vari- ance from the Board of Appeals to construct the house closer to the street and the side lot line than zoning allows as -of -right, in order to place the house as far from the intermittent stream as possible. Filing a petition for a variance to build within the set- backs was an option for Plaintiff, but it was an option that was not pursued no The second finding articulated by the Board is that the "rose as developed will adversely affect " the neighborhood, because "one of the primary sources of elevated suspended solids, nutrient, and bacteria concentrations in the Lake is the erosion of soils in the areas of new construction ... (and] a sufficient buffer has not been preserved to protect the tributary from the erosion of soil." (emphasis in original). Plaintiff has not established that his pro- posal will not result in soil erosion into the intermittent stream. The purpose of the Watershed Protection District is to protect the drinking water supply of the Town. Increased levels of sus- pended soils, nutrient, and bacteria concentrations in tributaries to Lake Cochichewick are precisely the sort of concerns that the Board must address when considering whether to issue a special permit to build within the one hundred (100) foot buffer zone. Since Plaintiff did not take adequate steps to allay the Board's fears about soil erosion associated with new construction, the Board's conclusions are not unreasonable. The Board's third finding of fact was that "adequate and appro- priate facilities have not been provided for the proper operation of the proposed use... (because) [s]ufficient information has not been provided demonstrating that the operation of the proposed use will properly protect the Watershed." (Emphasis in original). 10. it is not unreasonable for the Board to suggest Plaintiff take all possible steps to minimize the potential dangers to the watershed district, including requiring Plaintiff to seek extraordinary relief in the form of a variawc. The Board bas not requued Plaintiff to obtain the variance, it only suggested that he apply for one, since a variance could be used to seduce the encroachment into the me hundred (1 tan) foot buffer zone. Whether Plaintiff would be able to establish the statutory prerequisites to the grant of a variance is rpt before the court. HENRY KUCHAR2YK. Trustee of HEFCO REALTY TRUST Plaintiff points to the extensive steps he has taken to ensure the projectwill not have a negative impact on the water supply as ev- idence that this finding is unreasonable, arbitrary and capricious. These steps include placing the catch basin with an oil and grease trap in the driveway, creating the vegetated swale on the border of the vegetated wetlands, and constructing dry wells for the roof drainage, which was requested by the Board. While the Board might have concluded these steps were sufficient to ensure that the .project has no negative impact upon the water quality of Lake Cochichewick, it continued to have reservations." The Board re- quested additional information from Plaintiff, including test pit information, calculations concerning drainage, and maintenance information for the catch basin, dry well and vegetated swale, none of which was provided to the Board. Some of the informa- tion requested by the Board was provided at trial, just as it had been presented to the Commission prior to its issuance of the Or- der of Conditions. Because this is a de novo hearing, the court is not bound by the evidence that was before the Board, but must make independent findings of fact, based on the evidence at trial. See Marr v. Back Bay Architectural Comm 'n, 32 Mass. App. Ct. 962, 963 (1992). Thereafter, the court determines whether the Decision was reasonable, based on the facts before the court. in this case, as in many, there is a mismatch between the evidence Plaintiff put before the Board and the evidence established at trial, with the latter evidence being more fully developed. Nonetheless, even taking into consideration the additional infor- mation Plaintiff put before the court, the Board's concerns do not appear arbitrary. At trial, the Board raised a concern that the steps taken by Plaintiff might not be effective for ail storm events. Plaintiff's expert testified that while the drainage system exceeds the Stornwater Management Criteria of the Department of Envi- ronmental Protection, it does not protect against all storm events. The Board also voiced concerns over how effective these mea- sures would be if the catch basin, dry well and swale were not properly maintained. Plaintiff's expert allowed that the effective- ness of the proposed systems would be adversely affected if not properly maintained. Given the vital public interest in protecting the Town's water supply, it is not unreasonable for the Board to seek even greater assurances than were provided by Plaintiff. See ACW Really Mgmt., Inc. v. Planning Board of Westfield, 40 Mass. App. CL 242, 247 (1996). In Lorden Oil Company, Inc. v. Zoning Bd of Appeals for the Town of Townsend, 5 LCR 188 (1997), aff d under Rule 1:28, at 48 Mass. App. Ct. 1109 (1998), the court (Lombardi, J.), upheld a special permit denial based on a finding by the local board that the safety systems for under- ground tanks proposed by the plaintiff were not `fail-safe", and posed a risk to a nearby aquifer and river. In that case, the evi- dence established that the proposed safety systems would reduce the risk of contamination at the site from those which existed 11. one suggestion the Board made was that Plaintiff significantly reduce the Jeno of the proposed driveway, thereby reducing the impervious surface area on Locus. 4 • 0 Land Court Decisions -2002 Volur without the proposed safety systems. Nonetheless, the court found the board was within its authority to deny Plaintiff's appli- cation because the project was not risk-free- Here, as in Lorden, the evidence at trial establishes that the proposal is not risk-free. Accordingly, the Board's concern over the impact of exceptional storm events and inadequate maintenance of the drainage protections is not arbitrary or unreasonable. 12 M While the Board would have been within its authority had it cho- sen to grant PlaintifFs application, "[i]f reasonable minds could differ on the seriousness of a problem in relation to the issuance of a special permit, it [is] the board's decision, and not the court's, which [is] controlling." Kinchla v. Boar! of Appeals of Falmouth, l 1 Mass. App. Ct. 927 (198 1) (citations omitted). Be- cause there was competent evidence at trial to support the Board's findings, and its denial of Plaintifrs application, this court finds that the Decision was reasonable and must be af- firmed. Judgment to issue accordingly. Michael P. McCarron, Esq. Grenicr & McCarron 100 Hathorne Office Park 491 Maple Street l Danvers, MA 01923 Appears for Plaintiff 7 Thomas Urbells, Esq. ' Urbelis, Fieldsteel & Bailin, LLP 155 Federal Street Boston, MA 02110 Appears for Allison Lescarbeau, John Simons, Richard S Rowen, Richard 7Vardella, and John Y. Mahoney, as they constitute the Planning Board of North Andover 12. The fourth and final finding made by the Board is that Plain g s proposed use is "mi in harmony with the general purpose and intent of the ...[By-law] as all feasible steps to protect the watershed have mt been taken." This is, perhaps, a restatement of the Board's third finding, but responds to the By-law, which re- guhns a specific frading that "thc use is in harrnoay with the general purpose and intact of the By-law", when the Board grants a special permit under Section 4.]33. 07/29/2005 07:30 9783723960 CHRISTIANSEN & SERGI PAGE 02/02 , Paragraphs 7.1 A >.2 4 �bla 2 of file zonineeneronataled tet ft onter.to oormtruct a eo -Inn ofngle tarriBy dwelling, ed iS6 d praatees affect , tronoagoPr fharty with of 8ridlp Pafh 4v111>an N�9 4•1 Zcnirrg,ditMlIf 'Plana, areorrmlrioavailable ha Ak,e mw at the olflce of Board of Appenle Natice III hereby given that the North Andover Zoningg Boar" of Appeals Win a public heanng at the top poor of Town Hall; 120. MAin Street, North Andover, MA on flmedAy }� tilt/ of August, 2005 at �r►. i day ltlhau 196^mon the hours Cf 8:30 AM to 4;30 PM. BY ander of the 81181t of Appealis Ellen R Molntyre Chair 2005 Jud 26: Atrg• t, AL OCE i METHUEN . COhJtpyA�ON coMMtgSION MIYltUEllt, MA 01944 LEGAL. NOTICE Notice It hereby 9wen that silo conserve. Non Commiat'On of the t CIIY of Methwm wig hold • t a public meeting bas G August 4, 2005, at 7.00 q P.M. in the VVlbiam Cluny// p Public Safety f3ulldlng p uppon the ppetition of P, 6iatthew W. Cook to A clean sma„provide stair- St Wei access to tha park tic 9 al Y sur'rond; g an nromorlal •atone and ggrr Ing 11 signage for the g Park within the Riverfront etr;l TRIBUNE. Monday, July 2S, 2005 21 -r/MR r Mvoan,musl orge 3rd fiaarl Madero n/bofh, skylights, near BEVERLY, Mer THE MIL LERy Iroin,.quleI, PODINard. oftflllties 978.921,2050 Moderil ) bedroom and 2 bi morn, 2 born, hoof, not wot !RLY,M~ 8 � 3 bedroom unit,, Ib Incluaad, 24 hour,on sl mainfe4mce, aarkglB, car C10. Near holnlbeach nv located. Packing, mut,r convenience. Starth Ot 8975. per monfll Vt,t ower, storage. 8td0n. Welcomed, Man. -Fri,, 9 O.M. Iblo 9/7,181.251in0 OX Appoihtments ayoilobh tall 978 �--�� p1)AIV• EHO BEVERL7MA. jbedroom EVERLy Living room, kitchen. Washer/ I bedroom, AIA - TWO quoin or, dishwo-ft, street t bath apart perk ng. s minute Wolk to hd• me4h' Beach area, Hord in. Na Pel9, 8!300, 97A 9q-0IOA woo Ie POrktho fp00•StOoo} NO BEVERLY; MA; 3 hedraorry N'setal2•e7et. s1r, nerd. Newly Upafokd Opun oOn Home On Bonus U mann, r... � , 2 for Y BEVERLY, MA . 4 room. badrOom, 3rd floor apart mr nt. Cd(H aA, off s pooling, Ireof i hot wafer FOLLY HILL BEVERLY, MA 3 4 UNDER NEW MANAGEMENT —� s49WY new 1 A 2 bedrooms. 2 pit bright. Fullyap- anred, walk-in close/, pool A 7/ Hr, fllness center. tree► Beautiful Iondsceping 24 hr, main, - ncludod. SIAOgrmo, is), los}, staff,Ono Visit `ocurrtV• Brlph, 97 849.9128, tbs. Sunda DEVERLY, MA - 1 1`0001, 2 please c Sfirst floor, Rval ^,fe11Y1+1 10, Yard, co stroffpark. ZVERL Ing for 2 cols, washer/dryer 2 bedroom. i hookup, "Orone, neWly walk to trot terquot0d, C10s0 to train. rch, foundry $,,Do. Coli 970.S2S.US0, smok;ng, fl' e $ roOmVEimIWi' moi— ui Ihd floor, owner occupied: e0: town, train t1 PA81 building. Sta00fno, No Pcfs, e 1 morn centrauv I-- Me. „,..— one. Slbdwk, 0&92POb2►`mm - rooms, t small, "tan oath BEVERLY'MA_ Nose b beach and troth, bedroom, walk in cic2et Gieat Oita v/t,mo smoking AnS; 7 9 lorotlanl HardwHardwood/0 92nd floor, washer/drrersl floors, perking; 8900, 78.912.3777 61hea' 7 °rape. off It, BRADFORD MA: 1st floor 2 N i 781 i193I17. bedroom with dining roam Be 2to floorE . Ma; Anomic Ave 4e�rc�b office or In fire rg,o C, weighs %dr�rer5 8115Dt, No ale sr 978. DWiding. kk�� ro� I+aokrWun; edS3176 par 8aa►s. V30ot BRADFORD, MA; 2 bedroom N° Pelsrsnlake. 978•S26 70” 2nd lber, no BEVERLY, MA; BegptNul 4 ON slreN porkir St75{s' bedroom, sunny, hardwood tail �P 39S -96p6. deck, laundry ,n Eacemenp BRADFORD, MA 2 _5161.111 Pork' BRADFORD, MA: Large 6 wain .20 bedroom, hard. S Wood, , PIOCO, rentrdl Air, r SMO 131 Dolga M.85-0lie er e BRADFORD, MA, Soroo, S room opertmeal, Off street parking, quiet neighborhood, no utilitkps, Securily, `refer• ences. S9Mfto. p70.372AA91. *,►*w*tFitrn�*iF CLASSIFIED IS THE MOST EFFECTIVE & EFFICIENT ADVERTISING INVESTMENT IN YOUR MARKET, CIONN)Od.Adt C0 MOM For Readership, Beller writtenads withBOLD headlines SHOUT for ReADERSHIPI BETTER RESPONSEI 1*Trou sovloOnd how VOu ser It Better written ads get Dotter resvlfs1 * Promotion C10561401 ads must be pro. mated by running enough dovs far prospect, to rood the ad and respondl set&l"iDahill to the Clas. *Price Be compethlve I and be fatrl Price Is ane of the boat roa: sons to rMpand aufckirl The Call Monao 0amkI 8rnl Som 8 Saturdom to ay Bum to fpm { 97*&946.2n OA, S�dNO mo. egg. Avoifoble washer floor, hardwoods, ' DANVERS / (04U81 /dryer hook-up, front A apartment MA - 1 Detlroom gklp 2 bedroom Caountry $of rear yid 97 294 floor Very 9, 71 �king, "Dint A � y room' Sys OPerlmont eat 1 j e BRADFORD, MA 2}er included, 2 h00kuPs, deck , yo►dk aYt hot water - m car po►kinp. 918 750 dp29, hof A1aln Si. $ ud0d DANVERS MA: l hedroom koseS1800 x Also l bedroom } boor Nerved S1B5D 9fA•578.1818 +�, Cali 978.372•SeS6 0001 tapartment 2nd floor, all foric R VMEelRtlai �DOwnrown, MBr�mR� rMA b room, d�y +, Call 1.7744 IOU6 •MLI /MAGNOLIA, MA BEAUTIFUL NORTH SHORE APARTMENTS • MAGNA, ,e . —4-61 � Mer: rare Nnd, Y, MA, Must aloe 11th brieAf A clean 1 6dracm cbri I bedroam. Great location ,..J_4u �wJr .u� aprkine;otornge Io washer/• for Y BEVERLY, MA . 4 room. badrOom, 3rd floor apart mr nt. Cd(H aA, off s pooling, Ireof i hot wafer FOLLY HILL BEVERLY, MA 3 4 UNDER NEW MANAGEMENT —� s49WY new 1 A 2 bedrooms. 2 pit bright. Fullyap- anred, walk-in close/, pool A 7/ Hr, fllness center. tree► Beautiful Iondsceping 24 hr, main, - ncludod. SIAOgrmo, is), los}, staff,Ono Visit `ocurrtV• Brlph, 97 849.9128, tbs. Sunda DEVERLY, MA - 1 1`0001, 2 please c Sfirst floor, Rval ^,fe11Y1+1 10, Yard, co stroffpark. ZVERL Ing for 2 cols, washer/dryer 2 bedroom. i hookup, "Orone, neWly walk to trot terquot0d, C10s0 to train. rch, foundry $,,Do. Coli 970.S2S.US0, smok;ng, fl' e $ roOmVEimIWi' moi— ui Ihd floor, owner occupied: e0: town, train t1 PA81 building. Sta00fno, No Pcfs, e 1 morn centrauv I-- Me. „,..— one. Slbdwk, 0&92POb2►`mm - rooms, t small, "tan oath BEVERLY'MA_ Nose b beach and troth, bedroom, walk in cic2et Gieat Oita v/t,mo smoking AnS; 7 9 lorotlanl HardwHardwood/0 92nd floor, washer/drrersl floors, perking; 8900, 78.912.3777 61hea' 7 °rape. off It, BRADFORD MA: 1st floor 2 N i 781 i193I17. bedroom with dining roam Be 2to floorE . Ma; Anomic Ave 4e�rc�b office or In fire rg,o C, weighs %dr�rer5 8115Dt, No ale sr 978. DWiding. kk�� ro� I+aokrWun; edS3176 par 8aa►s. V30ot BRADFORD, MA; 2 bedroom N° Pelsrsnlake. 978•S26 70” 2nd lber, no BEVERLY, MA; BegptNul 4 ON slreN porkir St75{s' bedroom, sunny, hardwood tail �P 39S -96p6. deck, laundry ,n Eacemenp BRADFORD, MA 2 _5161.111 Pork' BRADFORD, MA: Large 6 wain .20 bedroom, hard. S Wood, , PIOCO, rentrdl Air, r SMO 131 Dolga M.85-0lie er e BRADFORD, MA, Soroo, S room opertmeal, Off street parking, quiet neighborhood, no utilitkps, Securily, `refer• ences. S9Mfto. p70.372AA91. *,►*w*tFitrn�*iF CLASSIFIED IS THE MOST EFFECTIVE & EFFICIENT ADVERTISING INVESTMENT IN YOUR MARKET, CIONN)Od.Adt C0 MOM For Readership, Beller writtenads withBOLD headlines SHOUT for ReADERSHIPI BETTER RESPONSEI 1*Trou sovloOnd how VOu ser It Better written ads get Dotter resvlfs1 * Promotion C10561401 ads must be pro. mated by running enough dovs far prospect, to rood the ad and respondl set&l"iDahill to the Clas. *Price Be compethlve I and be fatrl Price Is ane of the boat roa: sons to rMpand aufckirl The Call Monao 0amkI 8rnl Som 8 Saturdom to ay Bum to fpm { 97*&946.2n OA, S�dNO mo. egg. Avoifoble washer floor, hardwoods, ' DANVERS / (04U81 /dryer hook-up, front A apartment MA - 1 Detlroom gklp 2 bedroom Caountry $of rear yid 97 294 floor Very 9, 71 �king, "Dint A � y room' Sys OPerlmont eat 1 j e BRADFORD, MA 2}er included, 2 h00kuPs, deck , yo►dk aYt hot water - m car po►kinp. 918 750 dp29, hof A1aln Si. $ ud0d DANVERS MA: l hedroom koseS1800 x Also l bedroom } boor Nerved S1B5D 9fA•578.1818 +�, Cali 978.372•SeS6 0001 tapartment 2nd floor, all foric R VMEelRtlai �DOwnrown, MBr�mR� rMA b room, d�y +, Call 1.7744 IOU6 •MLI /MAGNOLIA, MA BEAUTIFUL NORTH SHORE APARTMENTS • MAGNA, ,e . —4-61 � Mer: rare Nnd, Y, MA, Must aloe 11th brieAf A clean 1 6dracm cbri I bedroam. Great location ,..J_4u �wJr .u� aprkine;otornge Io washer/• one. Slbdwk, 0&92POb2►`mm - rooms, t small, "tan oath BEVERLY'MA_ Nose b beach and troth, bedroom, walk in cic2et Gieat Oita v/t,mo smoking AnS; 7 9 lorotlanl HardwHardwood/0 92nd floor, washer/drrersl floors, perking; 8900, 78.912.3777 61hea' 7 °rape. off It, BRADFORD MA: 1st floor 2 N i 781 i193I17. bedroom with dining roam Be 2to floorE . Ma; Anomic Ave 4e�rc�b office or In fire rg,o C, weighs %dr�rer5 8115Dt, No ale sr 978. DWiding. kk�� ro� I+aokrWun; edS3176 par 8aa►s. V30ot BRADFORD, MA; 2 bedroom N° Pelsrsnlake. 978•S26 70” 2nd lber, no BEVERLY, MA; BegptNul 4 ON slreN porkir St75{s' bedroom, sunny, hardwood tail �P 39S -96p6. deck, laundry ,n Eacemenp BRADFORD, MA 2 _5161.111 Pork' BRADFORD, MA: Large 6 wain .20 bedroom, hard. S Wood, , PIOCO, rentrdl Air, r SMO 131 Dolga M.85-0lie er e BRADFORD, MA, Soroo, S room opertmeal, Off street parking, quiet neighborhood, no utilitkps, Securily, `refer• ences. S9Mfto. p70.372AA91. *,►*w*tFitrn�*iF CLASSIFIED IS THE MOST EFFECTIVE & EFFICIENT ADVERTISING INVESTMENT IN YOUR MARKET, CIONN)Od.Adt C0 MOM For Readership, Beller writtenads withBOLD headlines SHOUT for ReADERSHIPI BETTER RESPONSEI 1*Trou sovloOnd how VOu ser It Better written ads get Dotter resvlfs1 * Promotion C10561401 ads must be pro. mated by running enough dovs far prospect, to rood the ad and respondl set&l"iDahill to the Clas. *Price Be compethlve I and be fatrl Price Is ane of the boat roa: sons to rMpand aufckirl The Call Monao 0amkI 8rnl Som 8 Saturdom to ay Bum to fpm { 97*&946.2n OA, S�dNO mo. egg. Avoifoble washer floor, hardwoods, ' DANVERS / (04U81 /dryer hook-up, front A apartment MA - 1 Detlroom gklp 2 bedroom Caountry $of rear yid 97 294 floor Very 9, 71 �king, "Dint A � y room' Sys OPerlmont eat 1 j e BRADFORD, MA 2}er included, 2 h00kuPs, deck , yo►dk aYt hot water - m car po►kinp. 918 750 dp29, hof A1aln Si. $ ud0d DANVERS MA: l hedroom koseS1800 x Also l bedroom } boor Nerved S1B5D 9fA•578.1818 +�, Cali 978.372•SeS6 0001 tapartment 2nd floor, all foric R VMEelRtlai �DOwnrown, MBr�mR� rMA b room, d�y +, Call 1.7744 IOU6 •MLI /MAGNOLIA, MA BEAUTIFUL NORTH SHORE APARTMENTS • MAGNA, ,e . —4-61 � Mer: rare Nnd, Y, MA, Must aloe 11th brieAf A clean 1 6dracm cbri I bedroam. Great location ,..J_4u �wJr .u� aprkine;otornge Io washer/• BRADFORD, MA: Large 6 wain .20 bedroom, hard. S Wood, , PIOCO, rentrdl Air, r SMO 131 Dolga M.85-0lie er e BRADFORD, MA, Soroo, S room opertmeal, Off street parking, quiet neighborhood, no utilitkps, Securily, `refer• ences. S9Mfto. p70.372AA91. *,►*w*tFitrn�*iF CLASSIFIED IS THE MOST EFFECTIVE & EFFICIENT ADVERTISING INVESTMENT IN YOUR MARKET, CIONN)Od.Adt C0 MOM For Readership, Beller writtenads withBOLD headlines SHOUT for ReADERSHIPI BETTER RESPONSEI 1*Trou sovloOnd how VOu ser It Better written ads get Dotter resvlfs1 * Promotion C10561401 ads must be pro. mated by running enough dovs far prospect, to rood the ad and respondl set&l"iDahill to the Clas. *Price Be compethlve I and be fatrl Price Is ane of the boat roa: sons to rMpand aufckirl The Call Monao 0amkI 8rnl Som 8 Saturdom to ay Bum to fpm { 97*&946.2n OA, S�dNO mo. egg. Avoifoble washer floor, hardwoods, ' DANVERS / (04U81 /dryer hook-up, front A apartment MA - 1 Detlroom gklp 2 bedroom Caountry $of rear yid 97 294 floor Very 9, 71 �king, "Dint A � y room' Sys OPerlmont eat 1 j e BRADFORD, MA 2}er included, 2 h00kuPs, deck , yo►dk aYt hot water - m car po►kinp. 918 750 dp29, hof A1aln Si. $ ud0d DANVERS MA: l hedroom koseS1800 x Also l bedroom } boor Nerved S1B5D 9fA•578.1818 +�, Cali 978.372•SeS6 0001 tapartment 2nd floor, all foric R VMEelRtlai �DOwnrown, MBr�mR� rMA b room, d�y +, Call 1.7744 IOU6 •MLI /MAGNOLIA, MA BEAUTIFUL NORTH SHORE APARTMENTS • MAGNA, ,e . —4-61 � Mer: rare Nnd, Y, MA, Must aloe 11th brieAf A clean 1 6dracm cbri I bedroam. Great location ,..J_4u �wJr .u� aprkine;otornge Io washer/• •MLI /MAGNOLIA, MA BEAUTIFUL NORTH SHORE APARTMENTS • MAGNA, ,e . —4-61 � Mer: rare Nnd, Y, MA, Must aloe 11th brieAf A clean 1 6dracm cbri I bedroam. Great location ,..J_4u �wJr .u� aprkine;otornge Io washer/• 08/04/2005 13:48 9783723960 C:fRISTIANSEN & SERGI PAGE 02/02 8 e WWWIAA nt Ofdae ;' D Xm men danlat 01 a pond. Ge lhafonMgBoaMotN duadnentarWhol building trait under hada Sed;on 4. Pa Theedey,AAUaputiu t7 3005At7:00p111 j (aa6){d)l+njt4), a Var1- In Ma "ip" = Noor � anoe from Section 6. PLAISTC At 13Mamtiown MI Paragraph 4 (198)(3)(c) . Name w it Agenda iterna not Naas an August 2, 2001 pljt�l for the port tuctron a�vfia In be flimard an of a •new permanent tm 1° August 4, 2008 M 7;00 pm In the Knigt4 atnraturn In the Wailer- n,gvmjti Meeting Room i shad Protection disftid, sable 971 At9aftm7'own WA and a dmensloriet Vagi' utpiw Paddon #1 _ Mgt 162, Let'9651 Midw ante from Section 7. MWWan r"MIS an Egrdtallo Wtdm a, 0hPare 7.1 8 7.2 A LIG alone, requirements Under the provisions 04 Table 2 of the Zoning � 674:33a, imm Arfclo 0, Section 308.0 of the 7�t for rales d 101 ansa NOi Ordinance to permit ft existing frons stet, and street frontage in BOA) terrain 22,81t to the trout property fine wholot order to construct a new Not Is mWimd in a FlaNderdiai f3iddd f6 single tamely dweFm that 9 AtopkLocation: 33 faros Avenue t Said premises afled• Pddm $2 — MW 19% Lot 9831 Mit:hte ad is property With Zoriap MWAUm mqwM an Area Variarrae frot" Ark traM"a On the East side %11% Section 309.70 and aslne t m said terns of 1h@F d ak% Path vrlihin the mail, Arg Ordinance be waived to permk construellete FI-1,Zoning disfdct North 32 ft x 22 ft. addiflon for a breezeway and gm4h Plans are available Tugs WMtin 29.51L to the fMM pprrooptlM pre *111016 3C Au review at Ora dmob of Tug s wpm in a Residerrm Obtund in the � g department to al Prepesly Location: S2 Carol Avenue lir �O0 Osgood Street, the a pa"On #3 — � 86, Lot 3130 ae C, Ayr North Andover. MA Mftily om Elsa d Assoc., Inc. requests a use Variance from 10.r day 1 91 11, Section 309.6 and mite that said terms of the kiwi: of 820 AM to Andi P'ma Zoning Ordnance be waived to pantos elifnale 030 PM.By afar a ithe Smtrolled O R storage and Other Oulside stiff Stora apprmtimately 25000 s f and a birpdm g adollm Board of Appeals t ' 8,905 s i., a non pemdRed use in a Aesidartteh EOsn F. mdnwm. Chair cyto he Viet. ,IF ET-1425:Aug.1, pro perty Laotian: tl Wigow Street 2005 r Pefllotf 04— 66, sat 2af17 Rkdfatd,: from APt n� Sme ection and sake thatAm a��tarm 0f i.EQIAL NCT sires 7o Ordinance bs vmived to Mmot replsmA W ••r. t3 112 a.. x tL o --.W serape with _a 201 t;-1mw w INIAL OFIs g �� MAS97►fA d court_ .... _...._ ........ _ . 20 A,U09t 1, 2005 THEE •� .Monday, •dltslf ifbA'a!lislatlflb drill sor�6i� — 8 ',Aug 1, kilew, I ca gormt, loroe yard, t decks. S162slmo_ ORACU T. MA: gr;Antisunnv 3 ho�N4VM ge EuAnnv 2 fim arca is t0 b0 Paid by certified er bank t Man Law OiBcee, P.C.. 150 CaMiomia 2005 9aiMew Ps00ertic5rbl•94ta51i lbei" 2Oath ioo6lityru lh house. basement sloraee with f declt. Wocacri oats OK. by ton, Massaelwsnde 02458. or mail to 910380,1VenRorl sSigldandt. MasEpehwa(� shiny j days from the date METMUEN, mA, heautiiui force, 3 bedroom home In presti0al Oreo. NW iho dryer, c 001 air, sm0110ets 2 car narking. yarn, ok. s122S.9110i.1I1•!�•5006 All apgiolrces, Ga►a00 op* 'Naw i� honol. si6*w. t utilNles• , aI89, within { Deed will be provided to purChasat for to e Cf� Al OT� . I m & ,CIM 10 Rte 91 a 495. No an,rrroh. S28ONmullh 4 FREMONT. NN • bedroom town homes. 1 12.5 Avalloab 011.911.1750120 '04"A Upon receipt In lull of She pvrehata prl LEGAL NOTICE dOSCr"m of the premiaee cormfl in aa NOS vlirtks.9Tri•ei3.91t9. MIDDLETON A6A 1 bedroom bolim Sus neoikeniral e'rt, come, tarmhv p� REeO3A7#►11 fmW iR m, tocsllen off-pVt pmktnrf, . OaOs snap Confit in the event oI an error In ficetlon. Board of AlipeMs Notice is hereby Go ft , horduroad Moors. fire ptt+ce, t car eor0oe, fHA front , GLaUCBSifR,MAiuedrooltl 1975, tv6 uhpir6s. No eels 9111 IJS•003f ar 184 ' Optorbnrls if arty to be announced at th .. r semi s. if a ELECTRONIC REGI at given that the Nor Zoriln9 Board of heall no vii le Rte i. No ptfs. 912110 ra ulilttles 910-7ikW9 *bath new muffs level tuna va�nnool Orono a ANDOVER, MA "Thi Ando., varq" Near center, wok to SYSTEM txresert kidder of solo Aodovar A will hold a public f hearing at the top floor at N6WBURYPoRT, mA: Beach life, plum islynd, w0 muntcre, Npy a0Pli0aced, arbor. 14151 acute b towrJh S lrbilt 2 bedroom, R >, foundry, new aa0llonces. Ga � S1i00. 978• W15 �y a A HARMON LAW Opno Town Nall, 120 Main Street, North Andover, l, rrauna 3 etas terfronoar bedroomhbeadrti ed flows,s, both "I mo+utitlttes 9182017161 GLOUCESTER, MA Mtu, i B�ERLY Nall W.Heiger, i50CalifomiaStreetNenRon.OAAiiMAnnTu95daY�e Pm 2005 at 7:30 Wil nu Vranite Kitchen counters, bedroom. 2 00th, et"Alor AL hot wear 6 111051 neat WMMONS August ET— JWy 25; August 1.8.2005 {617j SS } to aN parfias Interested in the appeal of Henry senor coraoting, ouniand• Im views of ocean mrd Me�: Limo* River. parks me sinokingko ', ons 100. hoot 4dveon t a x ng ovom ap0rfineMs• becumlMl wa;iobls, °^d I KucharAfk, Trustee 01 Realty Trust, for S1,000. Ojos u1111tfes. 978.113• kms or bli'M8403 R.E., 611.612.6570 GLOUCESTER, MA Haws C;Itlb OMI 91116 aces much emrel No arts DIMS. lWo- tdallr �'� NO�' liefeo premise6 at: Lot 200 No. ANDOVER, AEA 3 hem p , 4 A ae• 11"t � Visitors wwe1C erne 8ridis gob (Map 104,Q roam IS bei, trreat P6M views. O Opa�, 97eatId118 Ip6.5un 113 TOWN SALEM Parcel 82). North Andover re ue611ng a 10. Ra ftttm fond, svrxaom largo yard, shed.00001' i2000Rfo�atades9786630 97t•1T1204i HAVERHiLL,_ MA bM at ,Rte, in to exit JOA, M, I RQW Ant �ettt BW,dlnq FindlrigfromSact;On tlsyatar.aesi9nor 00.4 as parlor BAA: 3 aedroam kitchen. ParagrePh 23 at%h T r tool, x. Elko... 91LtI4 4181 aygAevedbylJ MraBuildin9 YS tgtb TawrA,eux trt 1�6RI• ..�eun, ver ntar .. ' 8 e WWWIAA nt Ofdae ;' D Xm men danlat 01 a pond. Ge lhafonMgBoaMotN duadnentarWhol building trait under hada Sed;on 4. Pa Theedey,AAUaputiu t7 3005At7:00p111 j (aa6){d)l+njt4), a Var1- In Ma "ip" = Noor � anoe from Section 6. PLAISTC At 13Mamtiown MI Paragraph 4 (198)(3)(c) . Name w it Agenda iterna not Naas an August 2, 2001 pljt�l for the port tuctron a�vfia In be flimard an of a •new permanent tm 1° August 4, 2008 M 7;00 pm In the Knigt4 atnraturn In the Wailer- n,gvmjti Meeting Room i shad Protection disftid, sable 971 At9aftm7'own WA and a dmensloriet Vagi' utpiw Paddon #1 _ Mgt 162, Let'9651 Midw ante from Section 7. MWWan r"MIS an Egrdtallo Wtdm a, 0hPare 7.1 8 7.2 A LIG alone, requirements Under the provisions 04 Table 2 of the Zoning � 674:33a, imm Arfclo 0, Section 308.0 of the 7�t for rales d 101 ansa NOi Ordinance to permit ft existing frons stet, and street frontage in BOA) terrain 22,81t to the trout property fine wholot order to construct a new Not Is mWimd in a FlaNderdiai f3iddd f6 single tamely dweFm that 9 AtopkLocation: 33 faros Avenue t Said premises afled• Pddm $2 — MW 19% Lot 9831 Mit:hte ad is property With Zoriap MWAUm mqwM an Area Variarrae frot" Ark traM"a On the East side %11% Section 309.70 and aslne t m said terns of 1h@F d ak% Path vrlihin the mail, Arg Ordinance be waived to permk construellete FI-1,Zoning disfdct North 32 ft x 22 ft. addiflon for a breezeway and gm4h Plans are available Tugs WMtin 29.51L to the fMM pprrooptlM pre *111016 3C Au review at Ora dmob of Tug s wpm in a Residerrm Obtund in the � g department to al Prepesly Location: S2 Carol Avenue lir �O0 Osgood Street, the a pa"On #3 — � 86, Lot 3130 ae C, Ayr North Andover. MA Mftily om Elsa d Assoc., Inc. requests a use Variance from 10.r day 1 91 11, Section 309.6 and mite that said terms of the kiwi: of 820 AM to Andi P'ma Zoning Ordnance be waived to pantos elifnale 030 PM.By afar a ithe Smtrolled O R storage and Other Oulside stiff Stora apprmtimately 25000 s f and a birpdm g adollm Board of Appeals t ' 8,905 s i., a non pemdRed use in a Aesidartteh EOsn F. mdnwm. Chair cyto he Viet. ,IF ET-1425:Aug.1, pro perty Laotian: tl Wigow Street 2005 r Pefllotf 04— 66, sat 2af17 Rkdfatd,: from APt n� Sme ection and sake thatAm a��tarm 0f i.EQIAL NCT sires 7o Ordinance bs vmived to Mmot replsmA W ••r. t3 112 a.. x tL o --.W serape with _a 201 t;-1mw w INIAL OFIs g �� MAS97►fA d court_ .... _...._ ........ _ . TOWN OF NORTH ANDOVER VARIANCE ,rt, M�''� 141 U ZONING BOARD OF APPEALS a r � 'F.�'S��X. ;'xa'.t�s' - -�r �s rt"-u.s..�^ ,,����+�d37 �` ''y+ t�"t".R.+'�".C,.r s .*µ,at' �j'= s'i"�c}'..`�P w.: �{ ► a�£•: �r�•e;:�'3-"t•.z�rr:.� e.5c��.'�'3�:..styJ,a,.�.ki✓�Tx, .�-SL x, t�.; .?st� �.niLtai�`�...� �:.3�.e..°:a»� �}w $�:i�72�S=? �.'..^ , _ ..: Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomDlete. The information herein is an abstract of more specific requirements listed in_the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. . Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPERIPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Cleric. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. „ . ..... .. .. .. .. ..'i ...,. >i.w.. x,!rt : :''?i .. �-ct.,. ,.. � . #. �.. .. .✓. S':.-.�`xr.. s..l.x.- _..ai., �'r, :, Y�L`r:....,:..� < a. � .... ,., a � ... IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office - - 978-688-9501 Town Clerk's Office t .. ;, .�., < 978-688-9545 Building Department M (�(� lei l5 � V Z005�lj �aV �ti�a 1I_I!_ j 1 ZU05 ry 1JUL 2 1. 2u05 BU}.`r\J {D- hr rte; ,tea BOARD OF Hr-'rLALS IROARn CIF anp� c Application for a VARIANCE Zoning Board of Appeais 1. Petitioner: Name, address and telephone number: Henry Kucharzyk, Trustee of Hefco Realty Trust P.O. Box 1701 Lowell, MA 01853-1701 "The pettioner shall be entered on the legal notice and the decision as entered above. t 9 8 454-9993 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Henry Kucharzyk, Trustee P.O. Box 1701 Lowell; MA 01853-1701 Years Owned Land: 24+ 3. Location of Property: a. Street: Lot 20A Bridle Path Zoning District R-1 b. Assessors: Map number 1. n 4c Lot Number: p2 c. Registry of Deeds: Book Number 01557 Page Number: 0086 4. Zoning Sections under which the petition for the 4.136.3.E Table 2; and`,4.136.3.c ii (3) permanent structure within 100 Watershed Protection District. Section 7.1, Table 2, Dimensional feet of a Variance is made. Construction of a new wetiand resource in the also requirements: min lot area & min. lot frontage. 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request _Recue�t variance to allow construction of a new single family home within the -non -disturbance zone to the lake's watershed also Request variance to allow for 57,935 sf of lot area and 150 feet of frontage where 87,120 sf or area and 175 feet of frontage are required. The above deRule a n'Re %used for the purpose of the legal notJce and decision. Amore detailed description is required pursuant to the Zoning Board Rules and Regulations as ctfed on page 4 of this application. Failure by the applicant to clearly describe the request 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 addftlo'at hems not Jncluded above. 6a, Difference from Zoning By -Laws requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A./^ 5�_ B.� % Page? 3 of 4 Application for a VARIi NCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Minimum Lot set Back " Feet Spaces Front Side A Side B Rear 5 15a- — �-- -- _ � 1 SO 2 30 30 30 30 C. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq, Ft Coverage Frontage Parking Minimum Lot set Back Feet Spaces Front Side A Side 8 Rear SEE BBI/ % 9b d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft Coverage Frontage Parking * Minimum Lot set Back' Feet Spaces Front Side A Side B Rear 8 7-, N /A NIA % _1_7_ t_ 2 _.3.52._ 0 30 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning ByZiW State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 1650 2 3300 Single-family dwelling 'Reference Uses from the Zoning By -Law. State number of units in building. 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 w@h the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. --. �_ \J. _ Type above name (s) here HenryKucharzyk, Trustee ` LOPTN 1a p qt�.n I�q •w - o n ,sSUNuSE� Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688.9642 Street: :52,9 A Ole J D.4,E /JN- �h Ma /Lot: / d y e 0 Applicant: E� vC h a v ' f- . y - Request: f ,�,7 r ✓V %er r/ Date: /, 1 Please be advised that after review of your Application and Pians that your APP11CA001, a DENIED for the following Zoning Bylaw reasons: Znninn R -It Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient Cf 1 Frontage Insufficient S 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed (mote, 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required c-Je- S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information S C Setback H Building Height 1 All setbacks comply e .5 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 1 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient Hes 4 Insufficient Information S 5 Rear Insufficient L/&s I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 I Not in Watershed 4 Insufficient Information 2 In Watershed j Sign N 4 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 1 Sign Complies 5 Insufficient Information 3 Insufficient Information :ol pau®Iaa C M in order to preserve the purity of the grouW water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. d. Conservation Zone Thee shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy. five (75) feet horizontally from the edge of all wetland resource areas (as defined in M.G`L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below: (1) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. (2) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (3) Maintenance of fire access lanes by the Fire Department. ii. Uses Allowed by SMial Permit: No Special Permits will be granted in the Conservation Zone. iii. Prohibited Uses: The following uses are specifically prohibited within the Conservation Zone: (1) All of the Prohibited Uses listed in Section 3(cxiii) of this Watershed Protection District Bylaw are prohibited in the Non -Discharge Zone. (2) Any activities which cause a change in topography or grade; (3) Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing. landscape area; (4) Construction or placement of any new permanent structures; (5) Any surface or subsurface drainage, including, but not limited to, stormwater MOE, (6) Animal feedlots or the storage of manure; (7) Construction of any septic system. (8) • Construction of any accessory structure or expansion of an existing structure `by twenty-five (25) percent or more of the gross floor area of the existing structure. (9) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. (10) The use of lawn care or garden products that are not organic or slow-release nitrogen. The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system. (1994/1 STM) Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or tom, the planning board of the city or town, and the planning board of every abutting city or town." Subfect Property: MAP PARCEL 104.0 82 Abutters Properties map Parcel 104.0 14 104.0 79 104.0 80 104.0 81 104.0 83 104.0 84 104.0 93 104.0 111 104.0 112 104.0 113 64 39 64 72 64 73 64 74 Name Address Hefco Realty Trust 0 Bridle Path North Andover, NIA 01845 mailing address: PO Box 1701 Lowell, MA 01853 Name Address Martin Smolak 0 Bradford Street North Andover, MA 01845 mailing address: \:A15 So Bradford Street North Andover, MA 01845 132 Academy Trust &-ITO Bridle Path North Andover, MA 01845 Harry & Marie Dow, Trustees Cly-Kwy Nominee Realty Trust \224 Bridle Path North Andover, MA 01845 CL - KW Yameen, Trustees John & Karen Beal %__M6 Bridle Path North Andover, MA 01845 Melrose Investment 0 Bridle Path North Andover, MA 01845 Ark Manag Marion Street Stoneham, MA 02180 Gregory Andrusin X25 Bridle Path North Andover, MA 01845 David Sonnenfroh Lt -Village Way North Andover, MA 01845 Danielle McCabe L B Village Way North Andover, MA 01845 Lincoln Realty Trust t.2Village Way North Andover, NIA 01845 Leo Cheng L.�,Jillage Way North Andover, MA 01845 30 Timber Lane Realty Trust 16.20 Timber Ln North Andover, MA 01845 P D & E M Matzouranis David Kealler X257 Bridle Path North Andover, MA 01845 Town of North Andover - 110 Main Street North Andover, MA 01845 Denise Grasso L_245 Bridle Path North Andover, MA 01845 that the names appearing on the the Assessors Office as of Date Date 6/27/2005 Page 1 of 1 50' ZONE ?ONE i i 20.5") 14 PLAN VIEW 7.5' 6.33' PROFILE VIEW CUL TEC RECHA RGER 180 HD CHA MBER NOT TO SCALE LOT 20A TE PLA N FOR BRIDLE PA TH IN NORTH ANDOVER, MASS PREPARED FOR RECEIVED FEB 0 12005 HEFCO REALTY TRUST NORTH ANDOW11 CONSERVATION COMMISSION DATE. DECEMBER 14, 2004 REV.: 1125105, 211105 FESSIONAL CHRISTIANSEN (9 SERGI PRO LANDSURVEYORS ENGINEERS W iC SUMMER ST. HAVERHILL, MA 01830 TEL. 978-373-0310 AL!a 2005 @2005 BY CHRISTIANSEN & SERGI, INC. bm"aph.FEALS DWG. NO. 97001 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Q A. General Information From: North Andover DEP File Number: 242-1295 1. conservation commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: Henry Kucharzyk Hefco Realty Trust a. First Name b. Last Name c. Company P. O. Box 1701 a. maumg Address Lowell e. City/Town 4. Property Owner (if different from applicant): MA. f. State 01853-1701 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: Bridle Path Road Lot 20A North Andover a. Street Address b. City/Town Map 104C Parcel 82 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 s. 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) 1557 86 c. Book d. Pa e 7. Dates: 1/14/05 L a. Date Notice of Intent Filed b. Date Publi Hearing Closed c. Dae of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title Christiansen & Sergi, Inc. Db,VFn arced By i!isionS d. Date AUG 1 2 Z0�'` BOARD OF APPEALS maanionai Tian or Document Title otal WPA Fee Paid: $ 500.00 a. Total Fee Paid Philip G. Christiansen, P. E. c. Signed and Stamped by 1"=20' e. Scale b. State Fee Paid g. Date c. CitylTown Fee Paid wpaform5.doc - rev. 1/24/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1295 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply d. ® Private Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 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 Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 1/24/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1295 B. Findings (cont.) Coastal Banks 15. ❑ Rocky Intertidal Resource Area Proposed Permitted Proposed 17. ❑ Alteration Alteration Replacement 6. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. 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 8. ❑ Rivertront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet Sq ft between 100-200 ft e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject to Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet c. cu.yd dredged d. cu.yd dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt. a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet wpaform5.doc • rev. 1/24/05 Page 3 of 9 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1295 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1295 wpaform5.doc - rev. 1/24/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1295 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. If you need more space for additional conditions, select box to attach a text document 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. Special Conditions: See attached wpaform5.doc • rev. 1/24/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1295 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission 2. ❑ 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. s. ® 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 space for additional conditions, select box to attach a text document c. The special conditions relating to municipal ordinance or bylaw are as follows: See Attached wpaform5.doc • rev. 1/24/05 Page 6 of 9 DEP FILE # 242 -1295 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\word\OOC\Lot20ABridalPath.doc I NACC 2/24/05 DEP FILE # 242 -1295 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1295. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Construction of a single-family dwelling with associated appurtenances, Cultec Recharger 180 HD Chamber infiltrator, and stormwater structures (catch basin with water quality swale) within the Buffer Zone to a Bordering Vegetated Wetland (BVW). The site is also located within the Watershed Protection District. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Henry Kucharzyk (Applicant) P.O. Box 1701 Lowell, MA 01853-1701 Dated January 14, 2005 Prepared by: Wetlands Preservation, Inc. (Representative) 47 Newton Road Plaistow, NH 03865 Site Plans prepared by: Christiansen & Sergi, entitled, "Site Plan for Lot 20A, Bridal Path, North Andover, MA", dated December 14, 2004 with revisions made through February 1, 2005. Signed & stamped by Philip G. Christiansen, P.E. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. C:\word\OOC\Lot20ABridalPath.doc 2 NACC 2/24/05 DEP FILE # 242 -1295 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as approved under an Order Resource Area Delineation (ORAD) issued on November 18, 2004 (DEP File #242-1287) and as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. PRIOR TO CONSTRUCTION 35. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 36. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title C:\word\OOC\Lot20ABridalPath.doc 3 NACC 2/24/05 DEP FILE # 242 -1295 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. 37. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1295." 38. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 39. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 40. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/ erosion control devices and re - vegetation to be completed before other work begins on-site. 41. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the 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. 42. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected C:\word\OOC\Lot20ABridalPath.doc 4 NACC 2/24/05 DEP FILE # 242 -1295 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 Commission's request. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 44. A check payable to the Town of North Andover shall be provided in the amount of $5,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary -release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 45. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 46. At least ONCE during each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/ Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify that, to the best of his/ her knowledge and belief based on a careful site C:\word\OOC\Lot20ABridalPath.doc 5 NACC 2/24/05 DEP FILE # 242 -1295 inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 47. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with seven (7) signs or markers spaced evenly every 40- feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 48. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake all the corners of the foundation and the deck, as the development is proposed at the 50 -foot No Build Zone in several locations. These measurements will be verified during the pre -construction meeting. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 50. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. 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 C:\word\OOC\Lot20ABridalPath.doc 6 NACC 2/24/05 DEP FILE # 242 -1295 construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS MMJ 51. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 52. Immediately upon the installation of the catch basin, silt sacks or equivalent to, shall be installed under the grates to prevent/ restrict sediment from entering the drainage system or adjacent wetlands. Silt sacks shall be cleaned after any rainfall event of 1" or greater or as directed by the Erosion Control Monitor, Site Supervisor, Project Manager, or Conservation staff. 53. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. This condition will remain in perpetuity. 54. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein 55. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 56. Water quality down gradient of BVWs 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. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. C:\word\OOC\Lot20ABridalPath.doc 7 NACC 2/24/05 90/tZ/Z Davm g �op'y38di�P!�Bt+OZa� I\�00\P�oM\ •paje aaanosaa P owi: Aipgmip of iotzd /4!pigznl aanpaz oI'ulspq io )Iupl Suilllas p ui pauiquoa aq of zalpni paduznd auI zo; sapinoad uanlm'Ipno zddu zo; uoisstunuoJ auI of ueld buaSui L, lnugns llpus Iupaildde aul'asim sluauzaambai Sut.TaIrm-ap buaSzauta 3I -mPlAq spupllaM aanopuV ulJON auI JO / pup IaH uollaaloid spupllaM VW auI zapun uoilalpsiml of laa[gns pazp up olut Allaa-ITP pamOTIP st .talpn';o aS.zpuaslp ON •spaap aaanosaa puupam auI papnIol aS.Ipuaslp o} Joiid palllas Ala4mjdoaddp si jawm uappl Iuauttpas 1pul ainsua of io4!uow Ipluautuojinug auI Xq Appp paiolluout aq Ilvtls sayini}aV alalduzoa luun pup Sui zinaao am saglnllap Sutaalpni-ap oI aijTaads I zone alp ails-uo aq isnot uosiad slu,I, •luauzlapdaQ uogpnaasuoJ auI uzo.tl angpluasaadaz a zo zolnzoW Ipluautuomnug aul Aq passaullM pup pasinJadns aq llpus palpdullup salltnllap BUtza4Pm-aQ '99 •spappupls MdQ .xanopuV ulaoN T!A' aauppJoaap u! ssauluSg Ja4um zoI palsal aq Ileus alts auI uo sauil nmas atl L 'S9 •2umol;aun3 Xjalrnbapr air s,dWq Ile lugs pur'ain3as pue alenbapu an sloj4uoa uoysoja'algels uirmaj silos leui wnsua o;.jaluaB ;[o uirt;o Kau! 1 J Juana uttois jo[rut r SuitAollo3 m/pur Suijnp alis uo aq Ileus zoliuoW lot}uo' uoisorg agjL •{,9 aauanbas uoganzlsuoa aul alppdn Ipm sntL •poijad Ixau aul ,zano auop aq of paledix si )IjoM 1puM pup 'span amnosaj apau to ui auop uaaq suq Isom 1pun& Suillplap uluout AjaAa laodaj ssaBoid ua}Ipm p Inugns Ileus Iupaild& aul'-IjoM SuiuuiBaq uodll '£9 •algrlsun pue pasodxa suleutaz alts aql sr guol se -T03 jjrls uoliruasuo, aqi jo'jaSeuvw laa[ojd'josieiadns alis atli'ioiluout Io4uo, uoiswg aqi Aq palaajip se jo 3Iaam xad aauo }seal le Idams aq Ileus tiled IrpiJg 79 -kmssaaau se pawo;ulaj aq Ileus a3ur4ua siu.L 'glpd Iuplag oluo Suplar.q Ieualruc /Ilos aziutluiut of pallrisui aq Ilegs aaur4ua uollangsuoa auols pagsnaa V - 19 •Iunosddu jo3 solu.rlsiuiutpv uoiletuasuo, aul of palilutgns aq Ileus ueld Pies •suoillpuo, Jo Japlo slut Japun panojddu se sraxe amnosaj puullam of 141utixojd s,i! puu uolluaol uoiirpuno; aqi siaidap �Ialuanaau uai�iM ('S"I'd'2I) uilean�uoutuio, auI jo joAanjnS purl Iruolssa;oij pajalst:2ag r Aq pandaid urid lllnq-se utualu! ur Ilutgns Ibis luuallddu aul'ails aqi uilM palepossr sailinllau uoilangsuoa aauimj of .zoild pur 'uollepuno; Suillamp aqi;o uoilaldutoa uodn ,ilalulpaunuI :.LNd.L-doa iI '09 •maao lou op Iellgeq io / pup spam aa.znosaz Iuaar[pu UO slaa}Ia as,zanpp 1pgl os allsuo lsnp lo4uoa of faussaaau sdals Ile a�jq Il!m jope4uoa aq.L '65 •laa[oad auI Io uogaldwoa auI u! pamollo3 aq IIvils sajnpaaozd pup spappupls uoganAsuoa pup SuitaautSua paldaaad •S5 NOI.LYIHISNOJ ONRIf1Q 96ZI - ztz # 3'II3 daQ DEP FILE # 242 -1295 67. A fieldstone wall shall be constructed upslope of the regulated 25 -foot No Disturbance Zone. The wall shall be built in accordance with the detail on the approved plan referenced herein. 68. 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. 69. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 70. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone rip -rap or a bio- degradable jute matting or equivalent. 71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 72. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 73. 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. 74. Equipment shall not be staged overnight within 50 -feet of a wetland resource area. 75. 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. C:\word\OOC\Lot20ABridalPath.doc 9 NACC 2/24/05 DEP FILE # 242 -1295 AFTER CONSTRUCTION 76. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 77. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 78. 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. 79. 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. 80. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. C:\word\OOC\Lot20ABrida[Path.doc 10 NACC 2/24/05 DEP FILE # 242 -1295 i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, additions, fences, sheds, stonewalls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 81. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); ➢ Maintenance of catch basins (Condition #53); ➢ Discharge or spillage of pollutants (Condition # 75); ➢ Prohibition of underground fuels (Condition # 76); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition # 77). C:\word\OOC\Lot20ABridalPath.doc I 1 NACC 2/24/05 DEP FILE # 242 -1295 I, APPENDIX A — AFFIDAVIT 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) the owner upon whose land Order of Conditions placed upon by the NACC. (owner) (DEP or NACC File #) have been ♦ 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:\word\OOC\Lot20ABridalPath.doc 12 NACC 2/24/05 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 242-1295 This Order is valid for three years, unless otherwise specified as a special a /'t'3J0S condition pursuant to General Conditions #4, from the date of issuance. 1. Date Issu nce Please indicate the number of members who will sign this form: 7 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 not filing electronically, and the pr owner, if different from applicant. Notary Acknowledgement Commonwealth of Massachusetts County of rd On this 23 of Day Before me, the undersigned Notary Public, personally appeared Q Essex North 1 0..16 r 6c c; v.� OD.S Month Year BSc 0 +4 &,U e Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification C-= 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 Cityrrown DONNA M. WEDGE NOTARY FUBM HUMM My lb* tApIN UQ, 7, Place notary seal and/or any; stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date Conservation Commission Lgonature of Notary Public OF Printed Name of Notary Public 2M My Commi ion pires (Date) H/by certified mail, return receipt requested, on -1/ay/o S Date wpaform5.doc • rev. 1124105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals DEP File Number: 242-1295 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. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpeform5.doc • rev. 1/24!05 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1295 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: 242-1295 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 Page 9 of 9 wpaform5.doc • rev. 1/24/05 Name Company Address City State ZIP No BROCKMAN, PATRICK C. 3823CREEKSIDE LANE HOLMEN, WI 54636 2126 BROGGI, E. DANIEL FOUR ARCHITECTURE, INC. 36 BROMFIELD STREET BOSTON, MA 02108 2934 BROWN, DOUGLAS L. 35 ELDREDGE AVENUE E. GREENWICH, RI 02618 1904 BROWN, KENNETH R. 3313 WINCHESTER ROAD LOUISVILLE, KY 40207 2593 BROWN, RUSSELL K 6 BALSAM DRIVE CHELMSFORD, MA 01824 2066 BROWNE, CHARLES B. BROWNE PENLAND MCGREGORARCHITECTS, INC. 520 POST OAK BLVD., SUITE 880 HOUSTON, TX 77027 1781 BRUNDAGE, DONALD E. 397 DUSHANE DRIVE KENMORE, NY 14223 3020 BRUNER,SIMEON BRUNERICOTTBASSOCIATES 130 PROSPECT STREET CAMBRIDGE, MA 02139 972 BRUNO,JOSEPH JOSEPH BRUNO ARCHITECTS 481 BROADWAY #4 NEW YORK, NY 10013 2818 BUCHINSKI,BARRY BLACKSTONE BLOCK ARCHITECTS, INC. 145 HANOVER STREET BOSTON, MA 02108 3021 BUCKLEY, DAVID M. 51 WASHINGTON STREET WINCHESTER, MA 01890 1320 BUJARSKI, WILLIAM C. GMAGROUP TWO GANNETT DRIVE, WHITE PLAINS, NY 10604 2386 BULA, WILLIAM J. FLAD&ASSOCIATES 644 SCIENCE DRIVE MADISON, WI 53711 2967 BURES, STEPHEN G. 8910 WEST 178TH STREET TINLEY PARK, IL 60477 2394 BURGIN, WILLIAM L. WILLIAM L. BURGIN ARCHITECTS 150 BELLEVUE AVENUE NEWPORT, RI 02840 1150 BURKE, PAUL D. 311 VAUGLUSE AVENUE MIDDLETOWN, RI 02842 1229 BURMAN, GEORGE S. 10 FRANKUN STREET BRISTOL, RI 02809 2731 BURNETT. RODNEY F. 5 KING JOHN'S DRIVE BOXFORD, MA 01921 1383 BURR, CURTISS K.S. 1381NVERARY DRIVE WATERTOWN, CT 06795 1402 BUSKUHL, CLIFFORD JOE HKS, INC. 1919 McKINNEY DALLAS, TX 75201-1753 2025 BUTLER, DAVID T. 12 NOTTINGHAM DRIVE LINCOLN, RI 02865 359 BUYYOUNOUSKI,KENNETH MADER-SMYTFFBUWOUNOUSKI 502 RT. 46 WEST, P.O. BOX 2027 TETERBORO, NJ 07608 2231 CABLE, LEE W. 151 WILDCAT HILL ROAD HARWINTON, CT 06791 2047 GALA, ROBERT A 108 AUSTIN ROAD SUDBURY, MA 01776 2799 CAMPAGNA, CARL N. GANNETT FLEMING, INC. 150 WOOD ROAD BRAINTREE, MA 02184 1539 CAMPBELL-KING,ABIGAIL CAMPBELL -KING DESIGN 11 FRIENDSHIP STREET JAMESTOWN, RI 02835 2897 CANN, ROSS S. RSCARC.INC. 226 BELLEVUE AVENUE, SUITE 11 NEWPORT, RI 02840 3191 CANNATA. ANDREW JEROME 12 YARMOUTH STREET BOSTON, MA 02116.5810 2884 CANNELLA, GARY D. GARY D. CANNELLA ASSOCIATES 55 KNICKERBOCKER AVENUE BOHEMIA, NY 11716 2898 CAPLAN, DAMS 8 BUTTONWOOD CIRCLE WALLINGFORD, CT 06492 ' 1369 CAPLIN, JEFF D. 26 SALISBURY ROAD BARRINGTON, RI 02806 1770 CAPONE, CRAIG D. RUSSELL SCOTT STEEDLE & CAPONE ARCHITECTS,INC. 18 BRATTLE STREET CAMBRIDGE, MA 02138 2811 CAPPOLA, RALPH K MAIN STREET ARCHITECTS, INC. 15 WINTER COURT WEYMOUTH, MA 02188-3306 3009 CARBONE,JR., DOMENIC 9 GLENFIELD ROAD BARRINGTON, RI 02806-4021 1336 CARDARELLI, RICHARD J. 51 SOCKANOSSET CROSSROAD CRANSTON, RI 02920 957 CARLEY, GAIL G. 61 SOWAMS ROAD BARRINGTON, RI 02806 2222 CARLISLE, LISA M. 25 WEST PASSAGE DRIVE JAMESTOWN, RI 02835 2043 CARLSON, BRUCE M. C.M. ARCHITECTURE, PA 219 NORTH 2ND STREET, SUITE 301 MINNEAPOLIS, MN 55401-1454 2241 L -�/�/ ►mow , �� ; 5f�-��L �� . �5 /� ��� �f�►�. y -e lJ�y� �D AD -Fdvvn )CI �, -� � 1 (4p I rt d -p- ,v C� n C Yr��nmt�{ ihT t i� r�i�� vuv� I C,OWr\ 1 1 Ord IA6- A5+(A i6vv -2,o-ne �ti PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. A. B. Lal E. F. The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks ('). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGt.A ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALS NAME: Henry Kucharzyk, Trustee ADDRESS OF APPEAL: ZUABridle Path, North Andover, MA Procedure & Requirements for an Application for a Finding Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORMA: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. ,10RTe4 Ota �`+" ••,~O * L b M i k �?SSwCH'NS�� STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision wilt be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP i0: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. ewYeutenlw4ueeseeieuwuwwwuwueueeeaeuwNwtllueYwutuueuwweuuuuweuueeuunuuuwubnWuwwe °ueeuw°weuaeeaueuee/uetwwewueeeeuuweee IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street North Andover, MA 01845 97&688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office E C N[ W E PAGE 1 of 4 JUL 1�2005 D 130ARD OF APPEALS North Andover Town Hall 120 Main Street # - ! n 978-688-9501 Town Clerk's Offibe 978-688-9566 Assessor's Office, CD.rn� PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N ®I N Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Henry Kucharzyk, Trustee of Hefc PO Box 1701 Lowell, MA 01853-1701 *rhe 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: Henry Kucharzyk, Trustee PO Box 1701 Lowell, MA 01853-1701 Years Owned Land: 24+ 3. Location of Property: a. Street: Lot 20A Bridle Path Zoning District: R-1 b. Assessors: Map number: 104C Lot Number: 82 c. Registry of Deeds: Book Number: 01557 Page Number: 0086 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 10.4 "Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner, 6. Describe the Finding request: The Petitioner is aggrieved by the decision of the Building Dept. and requests the ZBA to find that the denial is in error by denying the building permit under 4.136(3)(d)(iii)4. 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.21,985sf N/A N/A % 25 ft B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI DI NG 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft_ Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5 7, 9 3 5 s f N/A N/A 1 50 ft 2 1n —39— —29— — 0 6 D. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. 'rt. Coverage Feet Spaces SEE ABOVE Minimum Lot Setback Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87.120 sf N A N/A 175 ___2_— 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units' N/A *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 713. Proposed Buiiding(s): Ground Floor dumber of Height Total Use of Number Units' Square feet Floors Sq. feet Building* of 1650 sf 2 32. 3.300sf single family home -Reference Uses from the Zoning Bylaw & Table 1. "*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Type above naine(s) here: Henry Kucharzyk , Trustee __ ` ORTI{ 1 :°- C Zoning Bylaw Denial Town Of North Andover Building Department '.`., 400 Osgood St. North Andover, MA. 01845 rS K'1111 Phone 978888-9545 Fax 978.888.9542 Street�-o ` - 626? )4 Ole I /DA e /0,4F6 Ma /Lot: / c� y e �% � Applicant: -C?0ely a >, °�V s; 9 f i f Request: -F - , . x ✓L' °ems 1-4o ula ,4- Date: /"3 e 3— Please be advised that after review of your Application and Plans that your Apptrcauon is DENIED for the following Zoning Bylaw reasons: Zoning R —1 T. --- I- '1_1_In_Dlstrlct review renuirpri I - _-1-4- 1 &A-- o...+.:.... o,._..:__ -A. _ _[ - - _ —�--- — --- 1d3a JNialln9 Item Notes OUPLIBId Item Notes A Lot Area 48eOH F Frontage 1 Lot area Insufficient ' 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 1 Lot Area Complies 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed Lf leS (Mo 1 I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required C -le- S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply e- 5 .t 1 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient Lle.s 4 Insufficient Information S 5 Rear Insufficient L/e-S I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies Lt D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed :;j Sign -ok 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Detemnined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking T. --- I- '1_1_In_Dlstrlct review renuirpri I - _-1-4- 1 &A-- o...+.:.... o,._..:__ -A. _ _[ - - _ —�--- — --- 1d3a JNialln9 J0410 uolsslwwoo leouo;slH OUPLIBId s)poM ollgnd jo juampedea u01teAuasu03 pieog auluoz ao!lod 48eOH enj :ol paua;aa in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. C_d. Conservation.Zone There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy . five (75) feet horizontally from the edge of all wetland resource areas (as defined in M.G,L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed i. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below: (1) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. (2) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (3) Maintenance of fire access lanes by the Fire Department. u. Uses Allowed by Special Permit: ;J No Special Permits will be granted in the Conservation Zone. C iii. Prohibited Uses: The following uses are specifically prohibited within the Conservation Zone: (1) All of the Prohibited Uses listed in Section 3(cxiii) of this Watershed Protection District Bylaw are prohibited in the Non -Discharge Zone. (2) Any activities which cause a change in topography or grade; (3) Vegetation removal or cutting other than in connection with existing agricultural uses or maintenance of an existing landscape area; C(4) Construction or placement of any new permanent structures; (5) Any surface or subsurface drainage, including, but not limited to, stormwater runoff; (6) Animal feedlots or the storage of manure, (7) Construction of any septic system. (8) `Construction of any accessory structure or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. (9) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. (10) The use of lawn care or garden products that are not organic or slow-release nitrogen. The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system. (1994/1 STM) Henry Kucharzyk, Trustee Petition for Finding Lot 20A Bridle Path, North Andover, MA The applicant, Henry Kucharzyk, Trustee of Hefco Realty Trust, has applied for dimensional variances in connection with the proposed construction of a single-family dwelling on the property at Lot 20A, Bridle Path. The property is located in an R-1 zoning district and is alto in the Watershed Protection District and a Conservation Zone. This application seeks a finding that the denial of the building permit request under 4.136(3)(d)(iii)4 — construction of a permanent structure within a. Conservation Zone is in error. The property is a lot that was created pursuant to an approved subdivision plan prior to October 24, 1994 and is a lawful prior nonconforming building lot with respect to area and frontage pursuant to G. L. c. 40A, Section 6. Specifically, the property has 150 feet of frontage and over 57,000 square feet of lot area, both less than the current requirements pursuant to a zoning change in 1995. However, the property has been held in separate ownership, not in common with any other adjacent land, since the deed of the property to the applicant's predecessor in title on August 1, 1979. The property was conveyed to the applicant by a deed dated January 8, 1982, and recorded January 18, 1982 in the Essex North District Registry of Deeds in Book 1557, Page 86. Accordingly, although it does not meet the current lot area and frontage requirements, it is not subject to the 1995 amendments to the lot area and frontage requirements that rendered it nonconforming with respect to these dimensional requirements. Since the property was created prior to the October 24, 1994 effective date of the amended Watershed Protection District, pursuant to Section 4.136.21. the non -disturbance zone from tributaries of Lake Cochichewik or other wetland resources applicable to the property is one hundred feet. Section 4.136.3.c.ii(3) of the Bylaw authorizes construction of a permanent structure within the non -disturbance zone of the Watershed Protection District (within 100 feet from a wetland resource) provided that a special permit is issued by the Planning Board after the granting of a variance by the Board of Appeals. The dimensional variance requested is the minimum variance that is required to accomplish the request of the applicant to construct a single-family home on the property. Without the requested variance, the property will be left with no economic value and the applicant will be left with the obligation to pay taxes on the property with no opportunity to recover any value. The applicant proposes to develop the property, as shown on the accompanying plans, in a manner that will effectively and efficiently protect the watershed. Based on the above, and on the submitted plans, the applicant requests that the Board find that the standards set forth in Section 10.4 of the Bylaw for the granting of the requested variances have been met as follows: Conditions and circumstances are unique to the applicant's lot, structure or building and do not apply to the neighboring lands, structures or buildings in the same district. In Henry Kucharzyk, Trustee Lot 20A, Bridle Path .Tune 15, 2005 Page 2 particular, the location of the property within 100 feet of a wetland resource in the Watershed Protection District, and with no other opportunity or ability to move a proposed dwelling out of the non -disturbance zone, is unique to the property. 2. Strict application of the provisions of the Ordinance would deprive the applicant of the reasonable use of the property in a manner equivalent to the use permitted to be made by other owners in the same district, by depriving the applicant of the ability to construct a single-family dwelling on land of similar size and configuration to other lots in the neighborhood. 3. The unique conditions and circumstances, described above, justify the granting of the requested variances. 4. Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of the Bylaw. To the contrary, the relief sought will enable the property to be used in a manner that will make the property more conforming to the public good and more in keeping with the purposes and intent of the Bylaw, in that the property will be used for residential purposes in a mariner that will not impair or negatively impact the watershed, since it will be developed using best and appropriate drainage practices that will adequately and effectively protect the watershed. For the reasons stated above, and additional reasons that will be presented at the hearing, the applicant respectfully requests that the Board grant the requested relief. Henry Kucharzyk, Trustee of Hefco Realty Trust By his attorney, Howard P. Sp 'c DAVIS, MALM & D'AGOSTINE, P.C. One Boston Place Boston, MA 02108 Dated: June 15, 2005 (617) 367-2500 370468v.1 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section t t states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL 104.0 82 Abutters Properties Map Parcel 104.0 14 104.0 79 104.0 80 104.0 81 104.0 83 104.0 84 104.0 93 104.0 111 104.0 112 104.0 113 64 39 64 72 64 73 64 74 Name Hefco Realty Trust mailing address: Name Martin Smolak mailing address: 132 Academy Trust Harry & Marie Dow, Trustees Cly-Kwy Nominee Realty Trust CL - Kw Yameen, Trustees John & Karen Beal Melrose Investment Ark Management Gregory Andrusin David Sonnenfroh Danielle McCabe Lincoln Realty Trust Leo Cheng 30 Timber Lane Realty Trust P D & E M Matzouranis David Kealler Town of North Andover Denise Grasso This certifies that the names appearing on the records of the Assess Office as of J0 'A Address 0 Bridle Path PO Box 1701 Address 0 Bradford Street 315 So Bradford Street 200 Bridle Path 224 Bridle Path 236 Bridle Path 0 Bridle Path �.-1-Marion Street 225 Bridle Path 1 Village Way 5 Village Way 3 Village Way 7 Village Way 30 Timber Ln Certified Date (027 �01 257 Bridle Path 120 Main Street 245 Bridle Path North Andover, MA 01845 Lowell, MA 01853 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Stoneham, MA 02180 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover. MA 01845 Date 6/27/2005 Page 1 of 1 Jul 15 05 09:01a NORTH ANDOVER PAGE 4 of 4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be clearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the North Andover Zoning Bylaws. All points, A -C, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Address all appropriate details of the Building Commissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation pians by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, in) 2,000 square feet of building area. Major Projects shall require, in addition to the 10B. & 10 C. features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1 11) one (1) Mylar. Ili) The pian must be prepared by a Registered ,fessional Engineer and/or Land Surveyor, with a �k for five (5) ZBA signatures and date indicated on 1.ylar. 9786889542 p.3 FINDING *10. C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. U) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names, addresses, and phone numbers of the applicant, owner of record, and designer or surveyor. 10. D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an asterisk (*). In some cases further information may be required 11. APPLICATION FILING FEES 11.A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 370) x the # of parties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. Article 7. FISCAL YEAR 1987 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1987 operating budget from other line items of said budget and from other available funds. Special Needs $60,000 Medicare 18,000 Accounting Expenses 30,000 Art. 62, 1985 ATM 7,359 B.P.W. Salaries 40,000 (Petition of the Selectmen) VOTED to raise and appropriate the sum of $148,000 and to transfer from Article 62 of the 1985 Annual Town Meeting the sum of $7,359 for this article. ARTICLES OF THE BALANCED GROWTH POLICY STEERING COMMITTEE Article 8. AMENDMENT TO THE DIMENSIONAL REQUIRF21ENTS OF THE R-1 ZONE. To see if the Town will vote to amend the Zoning Bylaw as follows: In Table 2 (Summary of Dimensional Requirements) under the column entitled R-1, substitute the number 87,120 for the number 65,340 as it pertains to "Lot Area Minimum SF". (Petition of the Selectmen's Steering Committee for a'Balanced Growth Policy Plan) EXPLANATION: The purpose of this article is to amend the minimum lot size in the R-1 district from 1.5 acres to 2.0 acres. VOTED to adopt the article (ave 747, nay 113). Article 9. REZONING OF CERTAIN R-2 AREAS TO R-1. To see if the Town will vote to amend the existing Zoning Map such that all properties within the area designated as the Lake Cochichewick Watershed that are currently zoned R 2, and those areas presently zoned Residential 2 (R 2) south of the current Lake Cochichewick Watershed boundary and east of the Eastern Massachusetts Electric Company right of way up to the Town boundary with Middleton would be rezoned as Residential 1 (R 1), as shown on the map entitled Proposed Zoning Map, North Andover, January 26, 1987. (Petition of the Selectmen's Steering Committee for a Balanced Growth Policy Plan). EXPLANATION: The purpose of this article is to rezone from one (1) acre to two (2) acre minimum lot size areas in the Lake Cochichewick Watershed and in the southeast sector, as described above. VOTED to adopt the article (aye 649, nay 224). Article 10. PLANNED RESIDENTIAL DEVELOPMENT. To see if the Town Meeting will vote to amend the Zoning Bylaw as follows: Add a new section, Section 8.5 Planned Residential Development (PRD) . Section 8.5 Planned Residential Development (PRD) 1. Purposes: a. To promote the more efficient use of land in harmony with its natural features; 127 11 "cumulative effect" of proposed activities to the factors to be considered by the Commission (Section 1.0); and addition of a "buffer zone" to the scope of the wetlands potection (2.2 and 3.1); the agricultural exclusion (3.2.c.); the requirement of notice to abutters as to proposed activities (3.3); notice of continued hearings (4.2); and the expiration and recording of orders of condition (4.6). VOTED unanimously to adopt as amended. Amendments: 1.0 Purpose 2nd line after the word wetlands add as specified in Section 3.1. 2.2 Last line after the word wetland add, but not flood plains. 3.3 5th line delete the word owner and insert the word applicant. 4.1 6th line delete the word owner and insert the word applicant. 4.1 13th line after the word Intent insert the following "shall be delivered to the Conservation Commission together with a certification that all abutters to the area subject to the Notice of Intent. Article 20. DEFINITIONS OF GROSS FLOOR AREA. To see if the Town will vote to amend the Zoning Bylaw by adding the following under Section 2.38.1 Floor Area, Gross (under Definitions, page 5): "Gross -floor area shall be the floor area within the perimeter of the outside walls of the building under construction, without deduction for hallways, stairs, closets, thickness of walls, columns or other features." (Petition of the Planning.Board) EXPLANATION: To provide the needed definition in the definitions section of the Zoning Bylaw for the purpose of calculating Gross Floor Area. VOTED unanimously to adopt the article as amended. Amendment: In the second line of the paragraph delete the words under construction. Article 21. DEFINITION OF NET FLOOR AREA. To see if the Town will vote to amend the Zoning Bylaw be adding the following under SECTION 2.39.1 Floor Area, Net (under Definitions, Page 5): "Net floor area shall be the actual occupied area(s) not to include hallways, stairs, closets thickness of walls, columns or other features which are not occupied areas.". (Petition of the Planning Board) EXPLANATION: To provide the needed definition in the definitions section of the, Zoning Bvlaw for the purpose of calculating Net Floor Area. VOTED unanimously to adopt the article. Article 22. DEFINITION OF FAMILY SUITE. To see if the Town will vote to amend the Zoning Bylaw by adding the following under Section 2.22.1 Family Suite (under Definitions, page two): "A separate dwelling unit located within a single family dwelling, subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single family dwelling. The size of a family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit. The family suite may only be occupied by a blood relative or the residing owner of the principal unit. 159 North Andover Board of Assessors Public Access Return to the Home page click on logo New Search Sales Summary Residence Detached Structure Condo Commercial Comparable Sales Page 1 of 1 Town oFWor- iov4r;jr Parcel ID: 210/104.C-0082-0000.0 SKETCH Ed Community: Nc PHOTO NOR http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=466837 8/8/05 Location: L -20A BRIDLE PATH Owner Name: HEFCO REALTY TRUST C/O HENRY KUCHARZYK Owner Address: P O BOX 1701 City: LOWELL State: MA ZIP: 01853 Neighborhood: 8 - 8 Land Area: 1.33 ac Use Code: 131- RES-PDV-LAND Total Finished Are, ASSESSMENTS CURRENT YEAR PREVIOU Total Value: 102,200 97,3 Building Value: 0 0 Land Value: 102,200 97,3 Market Land Value: 102,200 Chapter Land Value: LATESTSALE Sale Price: 30,000 Sale Date: 01/17/19 Arms Length Sale Code: Y -YES -VALID Grantor: LANDSA] Cert Doc: Book: 01557 Page: 0086 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=466837 8/8/05 k � ■ § m � # .. C \ cam. m m oa�82 & t2 m CL ca E V) 41 E« o =2Wo£ o a0M 2 2 $ m k § IME E 3 @ / % a 0 $Go Q k u 0 U � §■ ƒ� ui 2 � �j\ Q W& ,� - a ■ w� 5xi6mw U a) UJ 0 0 < �Iupa� 0- /� 0 < / % a \ \ /0) k u ƒ� �k§ k§ �j\ SG CN Cl) w z /� � § � z-1.00w£ «�� 2z. . 0\� _ co \ Cl)� ON0 \��swow LL. z_o z � Q..h6m Q Z © &g 3 -j .... moo . � . O 0 > co �Jm< SG z Nn /k Go 0 e CL .... 1949 5��� t/ 0 2 kk \ m 2 §� I zC Q . I Q R w � m / % a I i 00 10 p' 6U., , 50' 50 10� rn 50 25, h� 25 J OU / •' M ,/ �/ O ? O W 2 UZE U J \ to ® �Q Lo Lo , t I u J \. I rW^,/' ks • j �4 ,/, ' 1 ' Q t . In �G iiJ sem' /' Q (sem /� aJ CL - _o OL \ , m p nl �► ot: � o C1 � � w • . � °p�.. :'Zt LAJ 4� U UO 5 LL, Q3 o hm LAJQ-LaiZ �o � �� � �41 N �Qj QC 5c i 0 Q)L-4 Lo Q) i LLJ 000 \Q t��� 2 1 2 U Q- m p ® i/'j ' d► O � O Q Q Q O Z � d ~ U O O Z LA Z �O OQ 00 10 p' 6U., , 50' 50 10� rn 50 25, h� 25 J OU / •' M ,/ �/ O ? O W 2 UZE U J \ to ® �Q Lo Lo , t I u J \. I rW^,/' ks • j �4 ,/, ' 1 ' Q t . In �G iiJ sem' /' Q (sem /� aJ CL - _o OL \ , m p nl �► ot: � o C1 � � w • . � °p�.. :'Zt LAJ 4� U UO 5 LL, Q3 o hm LAJQ-LaiZ �o � �� � �41 N �Qj QC 5c i 0 Q)L-4 Lo Q) i LLJ 000 \Q t��� 2 1 2 U Q- m p ® i/'j ' d► O . . . . . . .... I Sb8i0 VW a3AO4NV 'N' GVO8 1,3ID838 8Z Sd3NJIS3a -MiN341S3�J S31VIOOSSV ONnds 'f 'J 31V0 t El II tk 2 h o' h / loci O 5, 75 J / 4 / 0' 5 ' 1� 50' W X00 / rn 50 : ,' Ali ,* I / m /1 2 100 h0 �- 25' n 0 5 � W tp / o Qp , / h ti ��/' W y / Ct 'K Q /' M \ m I I LLJ 'P.. LAJ LQ Gq RT oc �W W� Z) Lti y, N Cl� z _ /46 Lj W I Q c � o at Z Q � PC CN Lo Na�ZWWW W� J �wQ%m Lai \ \ SOW c � Q J Q � ~ k j v) ct k. r°vW� m �� ,of Q� Q h hWmZi m o m3�k Qc Q � �iN oZ �Q O� W �� `` Q '` v LO oo2m W 3mo �� �� Z �Q Q m � o oc�� \�2 z''o o 0 ooa Zo ��� � O n1 (� ^� 0�w2 ;moo z Oacz �mU J Z J C1 J Q W Z Q Q Q O 2 Q O Z � O � U �Q Zm O �O OQ h o' h / loci O 5, 75 J / 4 / 0' 5 ' 1� 50' W X00 / rn 50 : ,' Ali ,* I / m /1 2 100 h0 �- 25' n 0 5 � W tp / o Qp , / h ti ��/' W y / Ct 'K Q /' M \ m I I LLJ 'P.. LAJ LQ Gq RT oc �W W� Z) Lti y, N Cl� z _ /46 Lj W I Q c � o at Z Q � PC CN Lo Na�ZWWW W� J �wQ%m Lai \ \ SOW c � Q J Q � ~ k j v) ct k. r°vW� m �� ,of Q� Q h hWmZi m o m3�k Qc Q � �iN oZ �Q O� W �� `` Q '` v LO oo2m W 3mo �� �� Z �Q Q m � o oc�� \�2 z''o o 0 ooa Zo ��� � O n1 (� ^� 0�w2 ;moo z Oacz �mU J Z J C1 mo 0 �Ozz<< / 02 75' 50, 50 50Co 15 / _f 25' 25' �,' / J / h i V N(� 3 W W o / W Q p�C �o � pW to COQ 14)O LLJ ETLLJ T V Co ' O ' Z NIO ac Lai ~4 ' WL'i � W k J O L4j- W W m ZVO �p�u �Q W •. L Cl- ��N W N4,� W �(n Lyf1�,�_, W J j� Q O J QpZ ��O LW LQ N W NV �O W ���0 Lo h0 N KWh ��` 3za LL. 2 W Q o ~ z CoQ N �ml p 00~2 4O 2 Q `QC 'V p �. C o .00 Zee �,- 0' 'n 1 pp' 00 / h , 75' N j I 50 / 50, W ice 5, ci v Vvi u) W / / /LAJ w J-1 --j In Ltj G) cc r" h Ca r h LAj l G• y�Q ,' z o; f ETTS 'IT E i _ , n n ��. LAi OG Q pc W ~ N v \ Q W w N��z WWW -LLLJo� IQV �v2 hW � „fin O�2 Zi �L Z O n3�Q W ��N �Z �o L,.j u -m Q ;z LL! W� N O � pk-Z kW �Qp hN �� �Q Q �� COQ 'QUO Q W cri Z Q O~p2 �p O Q ti t v --j O Z Z r v i� ,00.2 ZI0 100 0 0 , / 0�0 2 , 75' O / 50 2 W 100 / 50 25 25' a / 0 ' a / Q a / w O h Q +� h Lu 3 L� O / N / vj 2 j o W ct 2 O � to •• ^� a Q /' // � a / Lo OQj v1 � 2 � // �ti• / z IT LAJ LLA LAJ V / ,° �, � �'h•h0 , /; ' ,gyp V` �P , � i � / '1 / L el. Al lzi i Q 1 �, \� ! 4d LLJ 0o O- -C) a �'• v J O o Q WJ v 2 J �wo't z o O�u \ W�� W Q Q� LL LW m NLuVZO O pOj(��� h ciLu LQ ZVL`' hW� ��� L`m�� ct mC ` N m 3Zm ALO o0 om �Q Q k W O Q) �k-Z �Z�j W � Q1 4)" �- � Z vi O Q Q W Oma\ Z��z�Y o C) moo� N O O Z Q J O O O J � V Z O Z V � O W � Q CCL Q O 2 � O .1 /mom 2 < O 2 O Z W Lr) ,00.2 ZI0 100 0 0 , / 0�0 2 , 75' O / 50 2 W 100 / 50 25 25' a / 0 ' a / Q a / w O h Q +� h Lu 3 L� O / N / vj 2 j o W ct 2 O � to •• ^� a Q /' // � a / Lo OQj v1 � 2 � // �ti• / z IT LAJ LLA LAJ V / ,° �, � �'h•h0 , /; ' ,gyp V` �P , � i � / '1 / L el. Al lzi i Q 1 �, \� ! 4d LLJ 0o O- -C) a �'• v J O o Q WJ v 2 J �wo't z o O�u \ W�� W Q Q� LL LW m NLuVZO O pOj(��� h ciLu LQ ZVL`' hW� ��� L`m�� ct mC ` N m 3Zm ALO o0 om �Q Q k W O Q) �k-Z �Z�j W � Q1 4)" �- � Z vi O Q Q W Oma\ Z��z�Y o C) moo� N O O Z Q J O O O J � V Z O Z V