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Home My WebLink AboutMiscellaneous - 0 DALE STREET 4/30/2018,,-- -, N o W o ' v o r . m J � m �_ o �`T_ �i - Any appeal shall be flied within (20) days after the �-PU��18G �OAEiO date of filing �C-;' ` g of this Notice' ^ TOWN OF NORTH ANDOVER in the Office of the Town rjVER MASSACHUSETTS Clerk. 01 fi 30 I 1 1e `83 NORT/y ,ti JUN 3= ;10AFSACHOSIE NOTICE OF DECISION Date........ `30:__1983......_... 983 Date of Hearing January 3 .. .. P etition of T a.q h� ry. A QQ I t -v. . Q g r p.g r a t i o n ... . ............................. . Premises affected ...... 1 o t ,1 , _D a) e. S re e t Referring to the above petition for a special permit from the requirements —S-e-e-t-i-o-n - -4 .-4-3-3---( d ) OfJE EX ...................................................................... so as to permit ..the.constru.ction..af.a.nevi.tix.elljn.g..aod..as.S9cJ.atgd... strut.tures.,..inc.1.udin0.:a.sub.surfa.ee.dis.p.Q5a)..! �y�jpnj Qf-a.t_ed.W.itoin.. 100 feet of a wetland tributary to Lake Cochichewick. After a public hearing given on the above date, the Planning Board voted to .appr,o.v.e....... the ..SRlrc.i.al.Pe.rN]t..rg9ueS. ............................ based upon the following conditions: Signed Paul A. Hedsrom, Esq., Chairman John J. James, Esq. Erich Nitzsche ................................ John J. Burke ........Planning' ' Board... RFr tdED 0WN OF NORTH ANDOVER j0-� tjVcR MASSACHUSETTS M°RT�y ♦ "s + � • o+ti '%/ ++iso •�� 1SSACHUS June 28, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. RE: Lot 1 Dale Street - Z achary Realty Corporation - Special Permit - Watershed Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, January 3, 1983 in the Town Office Meeting Room upon the application of Zachary Realty Corporation. The hearing was advertised in the North Andover Citizen on December 16 and 23, 1982 and all abutters werre notified by certified mail. The following members were present: Michael P. Roberts, Vice Chairman; Walter McDonough, Clerk; Erich W. Nitzsche; and John J. Burke. The petitioner seeks a Special Permit under Section 4.133 (d) of the Zoning ByLaw so as to permit the construction of a single family, wood frame - dwelling, associated structures, including a subsurface disposal system within 100 feet of a wetland tributary to Lake Cochichewick. The premises is located and known as Lot 1 - Dale Street. The proposal construction will be adjacent to but will not extend into the wetland area.- The rea: The applicant testified, through his engineer, that:_ __ __ ----- 1). The proposed construction will allow the utilization of the land in conformance with its main land use designation with minor environ- mental effects. 2). The subsurface disposal system design and construction will conform to both local and state sanitary codes. 3). Haybale erosion checks will minimize erosion and siltation. -'1 The site affected is located in the R-2 zoning district, possessing an area of . 4343,�5660�square feet, with the required 150 feet of frontage. The proposed dwelling will --have the following dimensions: 78' front; 28' deep; height: 2 stories totalling 281. The following members were present and voting when the Board rendered their decision. Paul A. Hedstrom, Chairman; John J. James; Erich Nitzsche; and John J. Burke. - Upon a motion made by E. Nitzsche and seconded by John J. Burke , the Board voted unanimously to grant the Special Permit, subject to the following conditions: MUM .-fa fl TOWN OF NORTH ANDOVER MASSACHUSETTS t µORTH O 1,y 30 41 >4SS�C H U SS NOTICE OF DECISION_ Date ... January 3p, 1984 ..... ............. .......: Date of Hearing November. 2-1.,..19 83 Petition of , , Designer Homes, Inc. Premises affected ....LOT. J..:.��le . S ,. �?QzthAncgyez,..i.ZA............ Referring to the above petition for a special permit from the requirements of the h'raztb. &gcjQVpX:.4Qping • Bylaw,. Section _4:133 _ .Par. 3d . so as to permit .tbP _construction_ of .a, single family, dwelling and .associated • �•��. ,w,nin ,100_', of, a tributary• to Lake _Cochichewick : • • . • . After a public hearing given on the above date, the Planning Board voted - to .. JrllDt........ the . Special ,Permit ..................... . ............... . based upon the following conditions:_ Signed ,John. A..."7 ........ �............ ................ . Islanninv• Board -r, .7MUM flffl TUWN.OF NORTH ANDOVER MASSACHUSETTS f NOR7M O L � i• 9 �,SS{CHUSES,( Mr. Daniel Long, Town Clerk Town Office Building North Andover, Ma 01845 nny ar^Qa! within (20) days- ;: date of filing of this.i, ; ,� in the Office of the TOwi Clerk. __ I January 30, 1984 RE: LOT'l DALE STREET -Designer Homes, Inc. Special Permit in the Watershed District Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, November 21, 1983 in the Town Office Meeting Room upon the application of Designer Homes, Inc.. The hearing was advertised in the North Andover Citizen on November 3 and 10, 1983 and all abutters were notified by mail as to the time and place of the hearing. The following members were present: John J. Burke, Erich W. Nitzsche, and John A. James, Jr., Clerk. The petitioner seeks a Special Permit under Section 4.133(d) of the North Andover Zoning By Law which requires a Special Permit granted from the Planning Board to _allow construction to occur within 100 feet horizontally from the edge of all tributaries of Lake Cochichewick. The proposed construction activity will be adjacent to, but not in a wetland tributary area. The site is known as Lot One Dale Street and is located on the south side of. Dale Street with a total area of 43,560 square feet, and 150 feet of street frontage in the Residentia1-2 (R-2) zoning district. The construction of the proposed two story, single family, wood frame dwelling will have the following dimensions: 64 feet front; 28 feet deep; 27.5 feet height; including associated structures. The application was previously approved in June 1983; however, due to modifications on the site plan, a new petition was required by the Planning Board. Mr. Alexanian, representative and applicant for Designer Homes, Inc., appeared before the Planning Board and provided the following testimony regarding the proposed work shown on the site plan entitled "Subsurface Disposal System for Lot 1 -Dale Street, North Andover, MA" by Kaminski & Associates, Inc., dated October 25, 1982 revised through October 20, 1983. LOT 1 DALE STREET -Designer Homes, Inc. Special Permit in the Watershed District January 30, 1984 Page 2 -The property described lies within the town's designated Watershed Zoning District. A previous Special Permit was granted on June 30, 1983 regarding the same lot. Subsequent modification of the site plan requires a new application, public hearing and review. -The modification on said plan shows the dwelling situated closer in proximity to the Westerly property line and Dale Street away from the wetland tributary to the East. As a result of this change on plan, less fill will be required on site, thereby minimizing the increase in grade on the lot or creating undue land disturbance. -The septic system location and design shall remain the same as depicted on the original site plan. -No work is proposed or will occur within the 25 foot wetland buffer area on the East side of the property. The following members were present and voting at the January 23, 1984 meeting when the board rendered its decision: Michael P. Roberts, Vice Chairman, John A. James, Jr., Clerk, Erich W. Nitzsche, and John J. Burke. Upon a motion made by Mr. Burke and seconded by Mr. Nitzsche, the Board voted unanimously to grant the Special Permit requested, subject to the following conditions: 1. Upon completion of final grading and construction, a certified 'as built' plan from a Massachusetts Registered Professional Engineer and/or Registered Land Surveyor shall be submitted to the Planning Board for review of compliance with said approved plan. Certification shall state that the 'as built' grading, construction and septic system complies in all respect to said plan and conditions set forth in this decision. 2. No vegetation, including trees or topsoil shall be disturbed within 25 feet of the East property line delineated on the referenced plan, according to Section 4.133, Par.3(c) Watershed District in the Zoning Bylaw. 3. Erosion control measures shall be placed 25 feet from the easterly lot line for the entire length of the property and along the frontage of said lot, and shall be continuously monitored and maintained until vegetation has been stabilized. 4. Any excess water flowing from Lot 2 Dale Street shall continue its' natural course across Lot 1 Dale Street away from the leach field on Lot 2. LOT 1 DALE STREET -Designer Homes, Inc. Special Permit in the Watershed District..; January 30, 1984 = Page 3 1F G 1IB4 J;. a 5. Any deviation from the approved plans and conditions will be considered due cause for the rescission of this permit granted by the Planning Board. 6. No construction activity will be allowed until March 15, 1984, subject to review of the Planning Board, at which time, due to weather conditions, the March 15, 1984 date may be extended. In granting the Special Permit, the Planning Board finds, pursuant to Section 10.31 of the Zoning Bylaw, Conditions for Approval of Special Permits, that the following conditions are met-: a) The specific site, Lot 1 Dale Street, is a suitable and appropriate location for a single family residential use due to the facts and information presented by Mr. Alexanian that. no environmental ill effects will develop in the Watershed District from on-site development. b) The on-site residential use is a continuation of the permitted uses in the R-2 zoning district and will not adversely affect the Watershed District or any surrounding residential neighborhood. The development is engineered and designed to minimize impacts to the wetland tributary. c) The ingress and egress of the lot presents no nuisance or serious hazard to vehicles or pedestrians. - --.- d) Adequate and appropriate facilities, such as public water and an approved septic system, will be provided for the proper - operation and occupancy of the proposed residential use. e) Based on site visits, the public hearing process, and review and input by appropriate town boards and departments, the single family use in the Watershed District is considered to be in harmony with the general purpose and intent of the Zoning Bylaw. Sincerely, FOR THE PLANNING BOARD Michael P. Roberts, Vice -Chairman j WILLLAM J. SCOTT Director Town of North Andover COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Petition of MPG Premises aff Referring to the above petition for a special permit from the requirements of the North Andover z Watershed Protection District SO as to allow to build a roadway, waterline and detention basins within the non dis non disturbance and c, After a public hearing given on the above date, the Planning Board voted to APPROVE the Watershed Special Permit based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties CONSERVATION Signed Richard S.Rowen Chairman Alison Lescarbeau V. Chairman John Simons Clerk Richard Nardella Joseph V. Mahone Planning Board - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDING OFFICE - (978) 688-9545 • *7nnm.,.- -- ...- - - =gym a�tac� `= t G Date Aril 23 1998 Date of Hearing 3/17/98, 4/7/98 & 4/21/98 Referring to the above petition for a special permit from the requirements of the North Andover z Watershed Protection District SO as to allow to build a roadway, waterline and detention basins within the non dis non disturbance and c, After a public hearing given on the above date, the Planning Board voted to APPROVE the Watershed Special Permit based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties CONSERVATION Signed Richard S.Rowen Chairman Alison Lescarbeau V. Chairman John Simons Clerk Richard Nardella Joseph V. Mahone Planning Board - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDING OFFICE - (978) 688-9545 • *7nnm.,.- -- ...- - - Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director April 23, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 30 School Street North Andover, Massachusetts 01845 Re: Watershed Special Permit -Lot 1 Dale Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening March 17, 1998 at 7:30 p.m. in the Department of Public Works, upon the application of Lot 1 Dale Street, North Andover, Ma 01845 to request a special permit under Section 1.436 (3) (b) (c) (d) of the Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on January 28 & February 4, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph V. Mahoney and Richard Nardella. The petitioner was requesting a special permit to allow to construct a roadway, waterline and detention basins within the non discharge, non disturbance and conservation buffer zones. The premises affected is Lot 1 Dale Street in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Elmer Pease and Eric Heyland of Allen & Major Associates were present to represent Lot 1 Dale Street. Mr. Pease highlighted the boundaries on the plan Mr. Pease stated that they moved the detention basin outside of the 75' conservation zone. Ms. Colwell stated that there is deadline for the subdivision for the April 7, 1998 meeting. Mr. Rowen stated that we can't approve the subdivision with out the special permit. Ms. Colwell stated that we still have not received DPW's comments. Mr. Rowen asked Ms. Colwell if they had any outstanding issues that she knows of. Ms. Colwell stated that there were not any for the subdivision. Kerry McCollister of 206 Dale Street, had concerns with the detention basin and culverts discharging onto his property from the Bear Hill subdivison. An abutter of'128 Dale Street had concerns with the excavation and the removal of the culverts. BOARD OF APPEALS '688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Mr. Nardella asked how big the culverts are now. Mr. Pease stated that they are 12". Dave Rand showed the Board pictures. Mr. Nardella asked what DPW's comments are. Ms. Colwell went over DPW's concerns. Mr. Nardella asked if DPW has responded to any concerns of the abutters. Mr. McCollister stated that he has spoken to Bill Hmurciak, and he is unaware of the lateral culverts. Mr. McCollister stated that he doesn't understand how the can put the waterline under the culverts. Mr. McCollister also stated. that they were told the runoff from Bear Hill would not be a problem, it seems to him that part of the Boards job is to protect the existing homeowners. Mr. Rowen stated that we don't have to make the applicants solve the existing problems. Dan Takesian of 198 Dale Street, stated that if you put up homes then the water will have no place to go. We already have Bear Hill's water runoff Mr. Takesian stated that their backyards are filled with water up to their knees and with any serious rain they won't have a backyard. Mr. Pease stated that we have already gone through all this with ConCom and have done several tests. Mr. Pease stated that Mr. Chessia has reviewed the Storm Water Management and we have addressed every concern they had. Mr. Pease stated that any other concerns with Planning, there isn't anything we can do. The Beaver Pond is downstream. Sandra Timmons of 205 Dale Street, stated that when Bear Hill was put in there was supposed to be a dry retention area put in and now the baffle pipe is gone. Dave Rand of 280 Dale Street, stated that he has looked for the plans for the dry retention area's for Bear Hill but, can't find them. This would have been built for 100 year storm and if the pipe was there it would hold up the water but, I believe a homeowner removed it. Mr. Rowen asked if a homeowner definitely removed the pipe. W. Rand stated that he can't say that for sure. Mr. Rowen stated that the applicants are required to ensure they don't create problems but they are not responsible for curing the Bear Hill problem. Mr. Simons stated that the assumptions may not be correct because your not taking all the potential areas to a count. Mr. Pease stated that we have answered all these same questions. Mr. Pease stated that they have to make sure that the water drains on their property correctly. Mr. Nardella asked Ms. Colwell if Mr. Chessia has any more comments on this parcel. Ms. Colwell stated that there were no more comments for Storm Water Management and these same issues were discussed at the ConCom meetings. Dave Rand of 280 Dale Street, stated that in one weeks time the beavers put back all the dams. Mr. Rand stated that he renewed his permit to take down 100 yards of the dam. Mr. Rand stated that if the situation is not resolved we will be under water. Mr. Rowen stated that he understands and if the review is correct this development is not going to have any impact on the situation. Mr. Takesian stated that we don't have a problem with the beavers like Mr. Rand we have a problem with the water coming onto our property. Mr. Rowen stated that we are doing the best we can. Mr. Takesian stated that they will have a big problem with the impacts of the subdivision. Mr. Rowen stated that he won't let this subdivision go forward if they are going to cause harm to the abutters. Mr. Rowen stated that the applicants will not make the problem worse. Mr. Pease stated that even the Town's Engineer stated that the problem will not get worse. W. Rand asked why no one from DPW or John Chessia has come out to see this problem with Bear Hill. Mr. Rowen suggested that they address their problems to Mr. Chessia. Ms. Colwell stated that they should address their concerns to the Planning Department and then we will forward them to Mr. Chessia. Continued until April 7, 1998. The North Andover Planning Board held a regular meeting on April 7, 1998 the following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph Mahoney, Richard Nardella & Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. Ms. Colwell stated that there are no remaining issues with this filing. Ms. Colwell stated that we can't issue a decision until ZBA grants them a variance. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public hearing and direct staff to draft a decision. The North Andover Planning Board held a regular meeting on April 21, 1998. The following members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph Mahoney & Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted unanimously to approve the draft decision as amended for Lot 1 Dale Street. Attached are the conditions. Sincerely, Richard S Rowen, Chairman North Andover Planning Board Berrington Place Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of MPG Realty Corporation, 11 Old Boston Road, Tewksbury, MA 01876, dated February 20,1998, requesting a Special Permit under Section 4.136 of the Zoning By -Law of the North Andover Zoning Bylaw to allow activities which cause a change in topography and grade, vegetation removal, and surface and subsurface discharge of storm water runoff within the Non -Disturbance Zone and surface and sub- surface discharge of stormwater within the Non-Discharge.Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) All of the homes will be connected to the Town sewer system; b) storm water mitigation will catch and treat all storm water drainage; C) the limit of clearing is restricted to the minimum necessary to construct the driveway; d) a construction phasing plan and emergency response plan are required. e) All of the proposed dwellings are located entirely outside of the non -disturbance zone. 2. - that there is no reasonable alternative location outside the Non -Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed driveway construction as the lot is located within the Non -Discharge Zone. In accordance with Section 10.31 of the.North Andover Zoning Bylaw, the Planning Board makes the following findings: A. The specific site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plans entitled: "Definitive Plan of Land — Berington Place", ten sheets dated January 16, 1998 last revised 3/3/98. Prepared by Allen & Major, Woburn, MA b) Reports entitled: i) "Statement of Environmental and Community Impact', dated January 15, 1998. "Water Quality and Best Management Practices (BMP) Evaluation", Berrington Place, Dale Street, North Andover, Massachusetts, dated July 14, 1997, revised October 8, 1997. C) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2. Prior to any work on site: a) The limit of clearing line on each lot must be marked in the field with yellow caution tape and must be reviewed and approved by the Town Planner. b) A performance guarantee of ten thousand ($10,000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. C) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North 2 Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3. Prior to Verification of the FORM U (Building Permit Issuance): a) Prior to the verification of the FORM U for Lot 7, the applicant must propose permanent boundary to be located along the limit clearing. The boundary may take the form of a wall, fence, or shrubs to be approved by the Town Planner. This will provide a permanent boundary along the 75' conservation zone on this lot. 4. Prior to verification of a Certificate of Occupancy: a) Prior to Occupancy of Lot 7, the permanent boundary proposed in Condition 3(a) above must be constructed. b) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. This restriction shall apply and be binding on all current and future owners, their heirs, administrators, successors and assigns, and shall be incorporated within all subsequent deeds to the premises. 5. Prior to release of the Performance Bond: a) A Conservation Restriction enforceable by the Town of North Andover through its Conservation Commission must be placed on Lot 8. The Conservation Commission must approve the terms and conditions of this restriction. b) The applicant shall submit a certified copy of an as -built plan that shows all construction, including topography, sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval and shall be stamped by either a Registered Professional Land Surveyor or Practicing Engineer in Massachusetts. C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6. Any stockpiles of earth must be covered with a tarp and contained by hay bales and silt fence if the piles are to remain on the site for longer than two weeks. 7. In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 3 9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11. This permit shall be deemed to have lapsed after a two -(2) year period from the date QP�Lo mon which the Special Permit was granted unless substantial use or construction has commenced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File Berrington Estates - Watershed 4 Omb-Fd 0 0 ESSEM MADE IN U.SaA. kl*O, 752 IM e F MUM flffl TOWN OF NORTH ANDOVE 3 MASSACHUSETTS ; as . a A 41 °,,.,° •a"tg March 21, 19 85 o Notice is hereby given that the NORTH ANDOVER PLANNING BOARD will hold a-public.he'aring on Monday evening, May 6; 1985 at 7:30 p.m, in the Town Office Meeting Room with all parties interested in the application of COOLIDGE CONSTRUCTION, INC. requesting a Special Permit under Section 4, Paiagraph 4.133 of the Zoning By Law so as to permit the constru7tion of a single family' dwelling and associated structures within 100 feet of a tributary to Lake Cochichewick on premises located at the South side of Dale Street known -as Parcel 2B, Lot, -A D_le Street, lo- cated in the Watershed District. C Per Order of the North Andover Planning Board By: Michael P. Roberts, Chairman Publish: Citizen: March 28 and April4, 1985 - Send bill to: Coolidge Construction, Inc. 147 ,Chestnut St. __..._ No. Andover, Mass. 01845 43�7,sl co Cl CO C'o s 0 0 16 Z 4 0 arTT> � 7 s Legal Noftr, TOWN Of NORTH ANDOVER MASSACHUSETTS PLANNING BOARD NORTH 1ti0 O �,SSAGNUSE� 9 March 21, 1985 Notice is hereby given that the NORTH ANDOVER PLANNING BOARD will hold a public hearing on Monday evening. May 6, 1985 at 7:30 p.m. in the Town Office Meeting Room with all parties interested in the applica- tion of COOLIDGE CONSTRUC- TION. INC. requesting a Special Permit under Section 4. Paragraph 4.133 of the Zoning By Law so as to permit the con- struction of a single family dwell- ing and associated structures within 100 feet of a tributary to Lake COchichewick on premises located at the South side of Dale Street known as Parcel 2B. Lot 3A Date Street, located in the Watershed District. Per Order of the North Andover Planning Board By: Michael P. Roberts Chairman r Publish: North Andover Citizen: .^ March 28 and April 4. 1985 G 13 • \ ` 4 • J T Legal Notk r. TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARO NORTH O 9 49 Y • i i sS^CHUS� March 21, 1985 Notice is hereby given that the NORTH ANDOVER PLANNING BOARD will hold a public hearing on Monday evening. May 6, 1985 at 7:30 p.m. in the Town Office Meeting Room with all parties interested in the applica- tion of COOLIDGE CONSTRUC- TION, ONSTRUETION, INC. requesting.a Special Permit under Section 4. Paragraph 4.133 of the Zoning Law so Y as to permit the con- struction of a single family dwell, ing and associated structures within 100 feet of a tributary to Lake Cochichewick on premises located at the South side of Dale Street known as Parcel 2B, Lot 3A Dale Street, located in the Watershed District. Per Order of the North Andover Planning Board By: Michael P. Roberts Chairman Publish: North Andover Citizen: March 28 and April 4. 1985 G11 a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June,28, 1990 Morrison, Mahoney & Miller 250 Summer Street Boston, MA 02210 RE: Coolidge Construction Co., et al vs. North Andover Board of Appeals Your file No. : 15308 Our file No. D-10184 Attention: Kimberly M. Saillant Dear Ms. Saillant: In reply to your letter of June 22, 1990, I have enclosed a copy of the decision you requested. This covers Cival Action No. 85-2439. If you have any further questions regarding this matter, please call me at (508) 682-6483, between 8:30 a.m. and 12:30 p.m., Monday through Thursday.. Sincerely, Audrey W. Tayl r BOARD OF APPEALS Enc. /awt I Pj r Legal Notic., TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD NORTN O 3g tea„ _., •� OL O 9 a i r • o� r A �1'TSgCMU5� March 21. 1985 Notice is hereby given that the NORTH ANDOVER PLANNING . BOARD will hold a public hearing on Monday evening. May 6. 1985 at 7:30 p.m. in the Town Office Meeting Room with all parties interested in the applica- tion of COOLIDGE CONSTRUC- TION, INC. requesting a Special Permit under Section 4, Paragraph 4.133 of the Zoning By Law so as to permit the con- struction of a single family dwell- ing and associated structures within 100 feet of a tributary to Lake Cochichewick on premises located at the South side of Dale Street known as Parcel 28. Lot 3A Dale Street, located in the Watershed District. Per Order of the North Andover Planning Board . By: Michael P. Roberts Chairman Publish: North Andover Citizen: March 28 and April 4, 1985 G 13 7 MIN OF NORTH ANDOVER MASSACHUSETTS March 9, 1985 PLANNING BOARD - ---•__ APPLICATION FOR SPECIAL -PERMIT- _ -- -- ------ NOTICE. This application must be't-147WChestnut Street Applicant-COOLIDGE CONSTRUCTION; INC:'" --Address NO• Andover, MA 018/+5 1. Application is hereby made 4- _ __. •(a) For a Special Permit under Section- , Paragraph -of the Zoning By -Law. Dale 2. (a) Premises affected are land XX and buildings. numbered Street. (b).: Premises. affected are property with frontage. on_ -the .North_ South East Nest side of Dale Street_, and known as. _ T: No. Parcel 2 B/Lot 3A ski Street - - (c) Premises affected are in Zoning District R-3 , and the premises affected -have an area of54372ft2" and frontage of 357.16 feet. 3. Ownership: (a) Name and address of o,7ner (if' joint ownership, give all names):: . Robert & Joan Forget c/o -Reginald Marden 23 Central St. Andover, MA 01810 Parcel 2 Dean nge a i is a em e Date of purchase August 1984 Previous Owner. Robert &.Joan Forget (b) If applicant is not owner, check his interest in the premises: X Prospective purchaser Lessee Other (explain) 4• 5 - Size of proposed building: .64± front; 30 Height: 2 stories; 28- feet: (a) Appr-)t71 imate date of erection Sprin-g/Summer 1985 (b) Occupancy or use (of.each floor) Residential (c) Type of construction Wood Frane Size of Existing Building: N/A Height: stories (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) 7•ype of construction feet front; feet. feet deep feet deep 6. Fas there been a preti-ious application for a Special Permit from the Planning Board on these premises? Yes If so, when Dec. 14 1982 7. Description of purpose for which Special Permit is sought on this petition Alteration of grades, construction of a single family dwelling and associate - structures. Municipal sewerage is available to the site an d the dwelting wit! be connected to their line. A special permit is required because the proposed alterations and construction is within 100 feet of a tributary to Lake Cochichewic (over) ® Parcel•2B Book 1914 Page 134 Lot 3A ,:Book 1259 Page 322 8. Deed recorded in the Registry-of Deeds in Book - Page - or Land Court Certificate No. Book Page �. The principal points upon which I base my•application are as follows: (must be stated in detail) The proposed construction conforms ta•(0 the conditionsincorporated into the Special Pgrmit issued by the Planning Board on Dec. 14, 1982 and (2) the conditions issued by the North Andover Conservation Commission on June 22, 1982. I agree top for adve 'sing newspaper and postage fee for mailing legal -notices to -' arties 3r�st' . _ Petitioner's si_ ature JOS B..CU� FQR.JOHN F. McGARRY _ Every fa lication action by the Board shall be made on a form approved by the Board. Thee -forms shall be furnished by the Clerk upon request. Anycommunication-- purport to be an application shall be treated as mere notice of intention to�seek relief til such time as it is made"on'the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. - Every application shall be submitted with a_list of "Parties in Interest" which shall include the petitioner, abutterss owners of land directly opposite on any publ- ic street or w and abutters to the abutters within three hundred (300) feet private �Y or p .. _ of the property line all' as they appear on the most recent applicable tag list, notwith- standing that the land of any such owner is located in another city or town, the Plan- ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST IdAI� ADDRESS Dean and Angela Kiklis Kathleen and.Robert Olenio 280 Salem 292--Salem 292-Salem Street. - North Andover, MA 01845 North Andover.l MA 01845 Ridgewood Cemetery Association-.j/Rene L.• and Mary. H.. Fugere - - - •- 129 Main Street 202 Marbleridge Road North Andover,_ MA, 01845 _ . - North Andover,_..MA i 1845 Stuart E-. and Barbara E. VoIfinger JCD Construction & Dev. Co., Inc. 46 Rawson Road 35 Essex Street _ Arlington, MA 02174 Andover, MA 01810 _/Keith R. and Patricia G. Ashton i/'Harry J. Bourquin 265 Salem Street - 200 Marbleridge Road North Andover, MA 01845 North Andover-;-MA -01845 - - t,,,-.7osepli"S'. and 'Efizabeth M. Slowick✓ New England Power Company 225 Marbleridge.Road c/o-Doha C.. Downing North Andover, MA 01845 - 20 Turnpike Road- - --- _ Tw-e s tboro; '-MA 01381 ;/ Hannah.,- Ethel, and .Gladys Stork._ _ _ _ _ _ • _ -- -- -- - 226 Salem Street 4>/ Robert and-Joan Forget North Andover,- MA 01845 c/o Reginald- Marden 23 Central Street V/ Mill Trust Audover, MA 01.810_ 147 Chestnut Street North Andover, MA 01845 Joseph J. and Angela B. Cavallaro 240 Marbleridge Road Coolidge-Construction; Inc. North 'Andover, MA- 01845 -147 Chestnut Street _ - - - - - North Andover, MA 01845 -! Richard F. Kaminski & Associates Inc. - - _ - -- - - - - --- -200 Sat ton -St tree-- - - - North Andover.21A 01845 ADD f:DDI7•IG...+L ..,:ir,TS, IF 1.�),,E�.>-RY. MORRISON, MAHONEY & MILLER COUNSELLORS AT LAW 250 SUMMER STREET BOSTON, MASSACHUSETTS 02210 617-439-7500 FACSIMILE 617-439-7590 OR 617-737-8890 TELEX 94-0878 700 PLEASANT STREET 1145 MAIN STREET NEW BEDFORD, MASSACHUSETTS 02740 SPRINGFIELD. MASSACHUSETTS 01103 508-999-0014 413-737-4373 FACSIMILE 508.990-0316 FACSIMILE 413.739-3125 SIX LLOYDS AVENUE LONDON, EC3N 3AX ENGLAND 01-488-2984 TELEX 8811764 FACSIMILE 011-44-1-4806155 ONE OLD STONE SQUARE 1130 MECHANICS BANK TOWER PROVIDENCE. RHODE ISLAND 02903 100 FRONT STREET 401-331-4660 WORCESTER, MASSACHUSETTS 01608 FACSIMILE 401-351-4420 508-757.7777 ELIZABETH BUTLER FACSIMILE 508-752.6224 WRITER'S DIRECT DIAL NUMBER: Mrs. Audrey Taylor, Secretary North Andover Board of Appeals 120 Main Street North Andover, MA 01845 ALAN G. MILLER' MARK P. HARTY JOSEPH S. BUCKLEY. JR. STEPHEN J. PARIS JEAN M. KELLEY ELIZABETH BUTLER ALAN H. ROBBINS MARK S. GRANGER SAMUEL PERKINS DAVID A. BAKST ALAN M. REISCH JOHN J. DAVIS PAUL W. GOODRICH RICHARD E. BRODY MICHAEL F. AYLWARD" EDWARD T. CROSSEN D. ALICE OLSEN ELIZABETH M. FAHEY6A RICHARD R. EU RICH LAWRENCE F. BOYLE JAMES J. MORAN, JR. STEPHEN J. ANDRICK MARK R. SEGALINI WILLIAM F. BARRY MICHAEL DANK PAUL S. GRANDA MITCHELL S. KING JOEL F. PIERCE ALAN B. RINDLER" GERALD FASIANO RICHARD H. PETTINGELL MICHAEL A. PEZZA. JR. BRUCE R. HENRY PETER C. KNIGHT LEE STEPHEN MACPHEE++ JOSEPH A. REGAN JAMES M. GRAHAM LINDA W. WILCOX MARIA E. COUSINEAU VALERIE NOEL CIARDI KATHRYN M. WINN+ JUDITH A. PERRITANO MURRAY I. RAPAPORT DAVID E. MAGLIOAO DANIEL R. BURKE JOANNE P. KEATING+++. KEVIN S. WREGE STEPHEN P. HARTEN6L CAROL A. GRIFFIN+ MARY PAT RIELLY-A KARYN T. HICKS LAWRENCE A. DUGAN+ MARK W. MURPHY RAN DALL L. SOUZApp PAUL J. MUELLO JOSEPH F. STRUMSKI. JR. GEORGE J. VOGRIN, JR. LEONARD H. KESTEN MARK S. BODNER DAVID W. HEINLEIN RALPH C. SULLIVAN MARK P. BAILEY AUSTIN T. POWELL JEFFREY D. PETHICK6A JANET MACNAB RITA B. GYLYS00 JOHN F. BURKE. JR. JOSEPH SECKLER ROBERT PELLEGRINI MARK E. 0 FOSSEZ CYNTHIA R. KOEHLER++ CHARLES H. YELEN MARGARET L. COSTA LAUREN B. PILLSBURY JAMES M. FAY" HUNTER O'HANIAN RHONDA L. RITTENBERG CHRISTOPHER E. GRANT --&66 NANCY REGAN MARY M. PERRY JOHN W. HAVERTY WILLIAMBOGAERT MICHAEL READY PETER C. ANASTOS FAITH A. LASALLEAA JOHN C. WHITE SUSAN E. BERNSTEIN JOSEPH E. RENDINI+ SEAN J. MILAN0040 HOLLE J. BEVINS JOHN A. SAKAKEENY LAURIE J. CONDOS ANNE G. CLARK THOMAS C. FEDERICO JOCELYN M. SEDNEYI ROBERT P. COOK CAREY H. SMITH THOMAS A. MONTMINY. CYNTHIA STONE PHELAN THOMAS G. FIORE... JAMES E. MCCAMBRIDGE. III RACHEL BETH COHEN DAVID J. LAWRIE HIMMELBERGER+ E. DEMOREST000MARY LAUREN MOTOLA-DAVIS... LEN FLYNNO CATHERINE J. CHANDLER DAVID S. MACLEOD THOMAS M. ELCOCK MICHAEL A. FAGER FRED L. MASON. JR. GARY W. HARVEY PAUL E. MITCHELL GORDON L. SYKES DAVID M. MCCARTHY ROBERT M. MACK ELIZABETH M. WATERFIELD KIMBERLY M. SAILLANT CAROLE A. SAKOWSKI ' ALSO MEMBER OF FLORIDA BAR + AL50 MEMBER OF NEW YORK BAR ALSO MEMBER OF NEW MEXICO BAR 1ALSO MEMBER OF ALASKA BAR 0 MEMBER OF CALIFORNIA BAR ONLY ° ALSO MEMBER OF MARYLAND BAR ALSO MEMBER OF NEW HAMPSHIRE BAR ++ ALSO MEMBER OF MAINE BAR June 22, 1990 Re: Coolidge Construction Company, et al Vs: North Andover Board of Appeals Your File No.: 15308 Our File No. D-10184 Dear Mrs. Taylor: AA ALSO MEMBER OF RHODE ISLAND BAR 00 MEMBER OF WASHINGTON D.C. BAR AND NEW YORK BAR ONLY °O ALSO MEMBER OF NORTH CAROLINA BAR + ALSO MEMBER OF WASHINGTON D.C. BAR 400 ALSO MEMBER OF CONNECTICUT BAR °°' MEMBER OF RHODE ISLAND BAR ONLY 000 MEMBER OF GEORGIA BAR This letter is pursuant to our recent telephone conversation wherein we discussed the status of the settlement in the above - entitled case. As we discussed, I have made numerous attempts through both your prior and present town counsel to obtain a copy of the Stipulation of Dismissal in this case. Despite my attempts, however, neither town counsel has ever forwarded to me a copy of the dismissal. As I understand it, the Coolidge Construction Company Inc. has filed numerous complaints against various of your municipal boards. I am particularly interested in the Stipulation of Dismissal for the Essex Superior Court, Civil Action No. 85-2539; the plaintiffs in that case are the Coolidge Construction Company, Inc. and John F. McGarry, Trustee of Mill Trust and the defendants in that complaint are the members of their town's Board of Appeals together MORRISON, MAHONEY & MILLER June 22, 1990 Page 2 with its Planning Board. Enclosed herein please find a copy of the pleading which contains the full caption in this case. I would like to thank you at the outset for your assistance in finally enabling me to close my file regarding this action and I greatly appreciate your courtesy and cooperation in this matter. Should you have any questions regarding the requested stipulation, please do not hesitate to contact the undersigned. KMS/kss Enc. COMMONWEALTH OF MASSACHUSETTS Essex,ss. COOLIDGE CONSTRUCTION CO., INC., ) AND JOHN F. MCGARRY, TRUSTEE OF ) OF MILL TRUST, ) Plaintiffs ) VS. ) BOARD OF APPEALS, TOWN OF ) NORTH ANDOVER, MASSACHUSETTS, ) FRANCIS SERIO, ALFRED FRIZELLE, ) WILLIAM SULLIVAN, RAYMOND ) VIVENZIO, WALTER SOULE, AUGUSTINE) NICKERSON, PLANNING BOARD FOR ) THE TOWN OF NORTH ANDOVER, ) MASSACHUSETTS, PAUL A. HETSTROM, ) MICHAEL P. ROBERTS, JOHN A. ) JAMES, JOHN J. BURKE, AND ERIC ) W. NITZSCHE, ) Defendants ) Superior Court No. 85-2539 AMENDMENT OF COMPLAINT The Plaintiffs, Coolidge Construction Co., Inc., and John F. McGarry, Trustee of Mill Trust, amend their Complaint, as a matter of course under the provisions of Rule 15(a), Massachusetts Rules of Civil Procedure, in the following respects: 1. Page 6, strike paragraph 28. 2. Page 7, strike paragraph (d) and (e) of Plaintiffs' prayer. 3. Page 9, insert the following: COUNT VI (Asserted Against Board of Appeals, Town of North Andover, a Body Politic Only) 38 Plaintiffs reallege and incorporate herein the allegations contained in paragraphs 1 through 37 of this Complaint. 39. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has unlawfully taken Plaintiffs' property without just compensation by exercising its zoning powers in such a manner and to such an extent, as to deprive the Plaintiffs' land of all practical value, leaving the Plaintiffs with only the burden of paying taxes on it. 40. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has thus violated Plaintiffs' rights under the Fifth Amendment of the United States Constitution, under the United States Civil Rights Act, 42U.S.C. Section 1983, under Article X, Constitution of the Commonwealth of Massachusetts and under the Massachusetts Civil Rights Act MGL Chapter 12, Section III. WHEREFORE, Plaintiffs respectfully request the following relief: a. That this Court award Plaintiffs Two Hundred Fifty Thousand ($250,000.00) Dollars as compensation for damages sustained by Plaintiffs as a result of the Defendant's interference with the Plaintiffs' use of Lots 2, 3, 4 and 5 of the Premises and as.compensation for the decrease in the fair market value thereof; b. That this Court award Plaintiffs the costs and attorney's fees incurred in bringing this action; and c. Such other relief as justice and equity may require. f Dated: December 6, 1985 The Plaintiffs By their Attorneys, William C. Sheridan, Esquire 401 Andover Street North Andover, MA 01845 Tel: (617) 686-1111 CERTIFICATE OF SERVICE I, William C. Sheridan, hereby certify that I served the within Amendment of Complaint on the Defendants by delivering the same to their attorney: Town Counsel, Peter Shaheen, 4q Main Street, North Andover, MA 01845 William C. Sheridan I LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON GEORGE M.MATTHEWS JAMES A. DYREK WILLIAM HEWIG 111 EVERETT J. MARDER JANE M. O'MALLEY PATRICK J. COSTELLO KAREN V. KELLY COLLEEN B. WALKER SONDRA M. KORMAN ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS JOANNE BUTTERALL BRIAN W. RILEY Planning Board North Andover Town 120 Main Street North Andover, MA KoPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON, MASSACHUSETTS 02110-1112 Hall 01845 June 11, 1990 Re: Coolidge Construction Co. v. North Andover Zoning Board of Appeals, Planning Board Essex Superior Court C.A. No. 85-2539 Dear Members of the Planning Board: (617) 951-0007 FAX (617) 951-2735 Pursuant to your authorization, I have executed the attached Agreement for Judgment in the above matter. The Agreement calls for the grant of a special permit based on the 17 conditions listed in Exhibit A. Since the Zoning Board of Appeals has delegated the settlement of this case the Planning Board, this should conclude this matter. This Agreement was filed in Superior Court by the plaintiff on June 4, 1990. I shall notify you when the Agreement is entered by the Court. Very truly yours, Jo B. Bard JBB/dk cc: Board of Selectmen Zoning Board of Appeals COMMONWEALTH OF MASSACHUSETTS JESSEX, SS. COOLIDGE CONSTRUCTION CO., INC. AND JOHN F. MCGARRY, TRUSTEE OF MILL TRUST, Plaintiff VS. BOARD OF APPEALS, TOWN OF NORTH ANDOVER, MASSACHUSETTS, FRANCIS SERIO, ALFRED FRIZELLE, WILLIAM SULLIVAN, RAYMOND VIVENZIO, WALTER SOULE, AUGUSTINE NICKERSON, PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MASSACHUSETTS, PAUL A. HEDSTORM, MICHAEL P. ROBERTS, JOHN A. JAMES, JOHN J. BURKE, AND ERIC W. NITZCHE, Defendant SUPERIOR COURT NO. 85-2539 AGREEMENT FOR JUDGMENT Pursuant to Mass. R. Civ. P. 58 (a)(1) the parties to the e -captioned action, by their undersigned attorney, hereby agree that ment enter as follows: The Defendant Planning Board shall grant the Plaintiff's application for a special permit forthwith to allow the construction of new dwellings on Lots 3A and 4A, to construct an access driveway and install utilities in the "DRIVE & UTILITY EASEMENT" area as shown on the plan for Lots 3A and 4A, and to refurbish the existing dwelling as shown on Lot 2A, with the conditions set forth in Exhibit "A" attached hereto. All parties shall bear their own costs. ICOOLIDGE CONSTRUCTION CO., INC. ET AL By their attorney, Keith E. Ki er, Esq re 3.B.0. #545273 McGarry, Bodnar & Klipfel 401 Andover Street forth Andover, MA 01845 ;508)686-1111 PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, ET AL By their attorney, Lo rd Kopelman, Esquire Joe Bard, Esquire Kopelman and Paige, P.C. Town Counsel 101 Arch Street Boston, MA 02110 (617)951-0007 EXHIBIT "A" 1. The Applicant shall place a stone ballard at the entry to the common drive off South Bradford Street. This stone ballard shall have the street numbers of all houses engraved on all four sides of the stone. The dimensions of the stone shall be as follows: 12" x 12" x 72". The stone shall have 4810 exposed and 241' buried, and all numbering on the stone shall be 4" in height. This condition is placed upon the applicant for the purpose of public safety. 2. Easements pertaining to the rights of access for driveways between the lots involved shall be filed with the Registry of Deeds Office prior to the issuance of the building permit for any lot served by the commondrive. 3. The applicant shall file an Approval Not Required (ANR) plan with the Planning Board. This Plan shall be consistent with the Plan entitled: Site Plan of Land located in North Andover, MA. Prepared for Coolidge Construction Co., Inc. Scale : 1" = 40' Dated 4/19/90 Prepared By: Christiansen & Sergi, Inc. 160 Summer Street, Haverhill, MA. 01830 Lots shown: 2A, 3A, 4A. 4. The applicant agrees, as a part of this settlement, that in no instance shall a septic system be installed on lot 4A. No building permit shall be issued for lot 4A until sewer is available to that lot. 5. Prior to receiving a Certificate of Occupancy for lot 3A the Applicant shall construct a dry sewer line to the property line as it abuts South Bradford Street. The dry sewer shall be reviewed and approved by the North Andover Division of Public Works prior to the Applicant receiving a Permit to Build on lot 3A or 4A. 6. Prior to the Applicant receiving a permit to build on any of the three lots (2A,3A or 4A.) the Applicant shall settle all litigation currently pending with the Planning Board with regard to these three lots. 7. In'no instance shall the Applicants proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #3 of this approval. 0 8. The Order of Conditions issued by the North Andover Conservation Commission, Dated 11/13/89, Shall be considered as part of this decision. 9. The provisions of this settlement shall apply to and be binding upon the applicant, it*s employees and all successors and assigns in interest or control. 10. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be presented to the Planning Board and included in the file. 11. This proposed common drive shall be of stone dust or gravel. In no instance shall this drive be paved or constructed with any material which is considered impervious. 12. Residential dwellings found on both lots serviced by this common drive shall be guttered and drained by a pipe system into a leach pit. The leach pit shall be a minimum of 1000 gallon concrete pit with 2411 - 1.5" stone around and beneath. 13. A No -Cut Zone shall exist outside the haybale and siltation control lines as established by the NAM 14. Prior to the Applicant receiving a Certificate of Occupancy, Drainage easements and wetland restriction easements shall be granted to the Town of North Andover. The easements shall be recorded with the Essex North Registry of Deeds. 15. Erosion control shall be properly set as directed by the North Andover Conservation Administrator. 16. Lot 2A shall be tied into sewer within one (1) year from the existing sewer line becoming available to this lot. 17. Residential fire sprinklers shall be installed in any residence constructed on lots 3A and 4A. Prior to either site receiving a Building Permit the applicant shall have all fire sprinkler and fire suppression system plans approved by the North Andover Fire Department. tic�1 BAR t TOWN OF NORTH ANDOVER MASSACHUSETTS 1, *0 _ . a , March 9, 1985 __ -- -- - APPLICATION FOR SPECIAL ' PERMIT - NOTICE: This application- must be ' ty7ewritteri- ` --" - 47 Chestnut Street Applicant COOLIDCE-CONSTRUCTION;-INC: "- Address No. Andover, MA 01845 - 1. Application is hereby made _ - - - -- -- ..(a) For a Special Permit under Section -4- ----? Paragraph133-- of the Zoning By -Law. 2. (a) Premises affected are land XX and buildings.- ' numbered_ .'Dale ,Street. (b).:Premises. affected are property -with frontage on- _the_North- South East West side of Dale Street, and -known as No. Parcel 2 B/Lot 3A J§JJYeW. swiew,Street _ (c) Premises affected are in Zoning District R-3 , and the premises affected - -have an area of 54372ft2` and frontage of 357.16 feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names):._: Robert & Joan:Forget c/o -Reginald Marden 23 Central St.. Andover; MA -01810 Parcel 2B Dean & Angela Kiklis 26U Satem o. An. e, Date of purchase August 1984 Previous Owner. Robert & Joan Forget - (b) If applicant is not owner, check his interest in the premises: X Prospective purchaser Lessee Other (explain) 4. Size of proposed building: _641 front; 30 feet deep Height: 2 stories; 28' feet: rin (a) Appr�Spring/Summer date of erection p g/Summer 1985 - (b) Occupancy or use (of.each floor) Residential (c) Type of construction Wood Frane 5. Size of Existing Building: N/A feet front; feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 6. F.as there been a previous application for a Special Permit from the Planning Board on these premises?. Yes - - If _s -o,.. when _ _ Dec. 14, 1982 - - - -- - — 7. Description of purpose for -ihich Special Permit is sought on this petition: Alteration of grades, construction of a single family dwelling and associate — structures. Municipal sewerage is available to the site and the dwetting wit! be connected to their_ line. A special permit is required because the proposed alterations and construction is within 100 feet of a tributary to Lake Cochichewick. (over) rarcet-zb Book 1y14 Page 134 Lot 3A Book 1259 Page 322 8. Deed recorded in the Registry of Deeds in Book - Page__- or Land Court Certificate No. Book Page . 9. The principal points upon which I base my -application are as follows: (crust be stated in detail) _ The proposed construction conforms to'(1)-the conditions incorporated into the Special Permit issued by the Planning Board on Dec,. 14, 1982 and (2) the conditions issued by the North Andover Conservation Commission on June 22, 1982. I agree to pafor adve sing in newspaper and postage fee for mailing legal ' notices to _arties AAA st'j�// Petitioner's signature) JO B. CU G FQR.JOHN F. McGARRY Every lication action -by the Board shall be made on a form approved by the Board. TH se forms shall be furnished by the Clerk upon request. Any -communication -�- Any -communication - purport' to be an application shall be treated as mere notice of intention to.:seek relief til such time as it is made --on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a.list of "Parties in Interest" which. sha11 include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters withinthree hundred (300) feet of the property line all: as they appear on the most recent applicable tax list, notwith- standing that the land of any such owner is located in another city or town, the Plan- ning Board of the town and the planning board of every abutting city or town. _ LIST OF PARTIES IN INTEREST NAME ADDRESS Dean and Angela Kiklis Kathleen and.Robert 0lenio -- 280._Salem_.5treet____ . _ __ _ 29Z --Salem Street - North Andover, MA 01845 North Andover, MA 01845 Ridgewood Cemetery Association f Rene L.• and Mary. R.. Fugere 129 Main Street 202 Marbleridge Road North Andover,_ MA_ 01845 _ .. North Andover, -..MA 01845 Stuart E-. and Barbara E. -Wol•finger 46 .Rawson Road Arlington, MA 02174 Keith R.. and Patricia G. Ashton 265 Salem Street - North Andover, MA 01845 _ JCD Construction & Dev. Co., Inc. _35 Essex Street Andover, MA 01810 Harry J. Bourquin -.200 Marbleridge Road North Andover-; --MA -01845 Joseph•S. and•Elizabeth M. Slowick New England Power Company 225 Marbleridge-Road. . c/o -John C. Downing North Andover, MA 01845 20 Turnpike Road Westboro; MA 01-5.81 Hannah,.. Ethel, and .Gladys Stork._ 226 Salem Street Robert and -Joan Forget North Andover,:MA 01845 c/o Reg inald-Matden 23 Central Street Mill Trust Andover, .MA 01-8.10_. 147 Chestnut Street North Andover, MA 01845 Joseph J. and Angela B. Cavallaro 240 Marbleridge Road Coolidge-Constraction; Inc. North -Andover, MA -01845 --- _ 147 Chestnut Street No 'th Andover, MA 01845 Richard F. Kaminski & Associates Inc. - -- - -- - - - - 200 Sat ton-Stre-e-t -- - -- - - -_- - North Andover, MA 01845 ADD ADD111ONAL SHEEIM, IF Ia- rESSAdiY. OFFICES OF: BUILDING CONSERVATION HEALTH PLANNING Town Of 120 Main Street North Andover, NORTH ANDOVER Massachusetts 01845 DIVISION OF (508) 682-6483 SACNU` PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMO. T0.- Zoning board of Appeals FROM: Christian C. Huntress, Envir.�a 1 planner DATE.- 6/13/89 RE.- Coolidge Construction. In regard to the above referenced project, I would like to give your, board a brief history as it has been told to rile. r Originally, a "Farm All application was filed with the Planning Board. At that time we were all involved with Annual Town Meeting in which it was voted that because of the moratorium, building within the watershed would be allowed only by a variance granted by the Zoning board of Appeals. The Planning board, being advised by Town Counsel, Referred the plan to the Zoning board of Appeals for approval. The Zoning Board subsequently denied the plan. It has been since determined, by out, current Town Counsel, that the plan never should have gone before your board because it was filed before the new bylaw carne into being. What staff is asking of you tonight is to allow the Planning Board, and Town Counsel, to come to an agreement with the applicant before this matter is brought to court. According to Town Counsel, the Town would lose this case if it were pursued by the applicant. Thank you for your time and consideration. "v TO p " F M AREACODE Hl NO. 0 F NV/l EXT. . �Z64. I E 1� � 'e -A, I,/ W, r E Ws -- E m 0 sl Al PHONEqf CALL -CRIE RNEDD WANT: WILL CALL IN E] URGENT C IL kLBAI CALL SEEYOU AGAIN I TU El 1:1 Richard F. Kaminski, & Associates, Inc. March 9, 1985 Assessor's Office gown of North Andover Town Hall Main Street North Andover, MA 01845° Dear Sir: Please certify the following abuttors to the parcels shown on the enclosed plan: "Plan of Land in North Andover, MA prepared for Coolidge Construction, Inc." dated March 11, 1985 by Richard F. Kaminski & Associates, Inc. Dean and Angela Kiklis Kathleen -and Robert Olenio 280 Salem Street 292 Salem Street North Andover, MA 01845 North Andover, MA 01845 Ridgewood Cemetery Association Rene L. and Mary H. Fugere 129 Main Street 202 Marbleridge Road North Andover, MA 01845 North Andover, MA 01845 Stuart E. and Barbara E. Wolfinger JCD Construction & Development Co., Inca 46 Rawson Road 35 Essex Street Arlington, MA 02174 Andover, MA 01810 Keith R. and Patricia G. Ashton Harry J. Bourquin 265 Salem Street 200 Marbleridge Road North Andover, MA 01845 North Andover, MA 01845 Joseph Sand Elizabeth M. Slowick New England Power Company 225 Marbleridge Road c/o John C. Downing North Andover, MA 01845 20 Turnpike Road i Westboro, MA 01581 Hannah, Ethel, and Gladys Stork Robert and Joan Forget 226 Salem Street c/o Reginald Marden North Andover, MA 01845 23 Central Street Andover, MA 01810 Y Architects ❑ Engineers ❑ Surveyors ❑ Land Planners 200 Sutton St., North Andover, MA 01845, (617) 687-1483 "I Assessor's Office March 9, 1985 Page 2 Joseph J. and Angela B. Cavallaro 240 Marbleridge Road North Andover, MA 01845 Mill Trust 147 Chestnut Street North Andover, MA 01845 Yours truly, JOSEPH B. CUSHING JBC/sv cc: John McGarry Coolidge Construction, Inc. 147 Chestnut Street North Andover, MA 01845 Richard F. Kaminski &•Associates, Inc. 200 Sutton Street North Andover, MA 01845 Architects ❑ Engineers ❑ Surveyors ❑ Land Planners 200 Sutton St., North Andover, MA 01845, (617) 687-1483 ic.4 3 Christian C. Huntress Environmental Planner Planning Board 120 Main St. North Andover, MA 01845 RE: Coolidge Construction Dear Mr. Huntress: Q NORTH 9 O tt.eo. is HO o a m ► y �4SSAc�HusEt 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sha\i be Vi1e�i Any apP°a� cr tide ,. of date 0, `� ` the oW in the office 0i C\erk• Please be advised that the Board of Appeals held an Executive Session on Tuesday evening, June 13, 1989 on the above subject. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to allow the Planning Board and Town Counsel to settle this matter without further involement of the Zoning Board of Appeals. Thank you for your help in this matter. Sincerely, BOARD OF APPEALS 'ALI /. PranK Serio, Jr. Chairman /awt Christian C. Huntress Environmental Planner Planning Board 120 Main St. North Andover, MA 01845 RE: Coolidge Construction Dear Mr. Huntress: NORTH °Ft,,.o 6 O ti m ti ^o1 7 x SSAC'HUSe h TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ball bo filcd A�,y aPP�a; 5,�� 1 0. o� `Ao tc of ;► `''g°1 the �OW� da pfi�ice in the Clerk. Please be advised that the Board of Appeals held an Executive Session on Tuesday evening, June 13, 1989 on the above subject. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to allow the Planning Board and Town Counsel to settle this matter without further involement of the Zoning Board of Appeals. Thank you for your help in this matter. Sincerely, BOARD OF APPEALS Fr Serio, Jr. Chairman /awt BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6400 March 27, 1985 No.Andover Planning Board No.Andover (Lots 2B_ 3A -Dale Mass. Gentlemen: It is our understanding this property is to be serviced by town sewerage. No soil testing has been witnessed by this.office and we have no other data on hand. mg;mj Very truly yours, Michael Graf, R.S. Inspector v��1`eO ib=•NO\ �9h. ..�0ry WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: No. Andover Planning Board From: Fire Chief Dolan Date: March 21, 1985 Re: Lot 3A Dale St./Special Permit Tel. (617) 686-3812 �nIE�E1VE� i LHLAMi I have the following comment regarding this special permit: 1. The lot number be posted during construction. 2. The house number shall be posted prior to occupancy. 3. Underground fuel storage shall meet fire department requirements for the Watershed District. William V. Dolan, Chief "SMOKE DETECTORS SAVE LIVES" FORM L REFERRAL FORM P e -cam P1 a -s North Andover, Mass. 19 HIGHWAY SURVEYOR SUPERINTENDENT OF PUBLIC WORKS COTJSERVATION COMMISSION BUILDING INSPECTOR FIRE CHIEF POLICE CHIEF TREE WAPDEN BOARD OF F'F.4LTH- SUBDIVISION CONTROL COMMITTEE The attached plans were submitted to the P a n n i ng Board on.—(� A public hearing has been scheduled for --V30 P.M. on u to discuss these plans. May we have your comments and recommendations concerning -this subdi- vision by no later than �- �— (� S Please return this form and the -plan with your comments and recomm.ndations. Tho nk you, J (� Tzc, �`T� rk, Planning oar FORM L REFERRAL FORM Pec_..; Plans , North Andover, Mass - cZ- 19 µ HIGH4JAY SURVEYOR SUPERINTENDENT OF PUBLIC WORKS �" r _ 2-4 ?- CONSERVATION CONSERVATION! COMMISSI N ;r BUILDING INSPECTOR'. FIRE CHIEF POLICF CHIEF 7 TREE WAPDEN BOARD �F HFALTH i SUBDIVISION CONTROL COMMITTEE S-' i C� ' Pre evf The attached _ plans were submitted to the Pl anni nq Board on A public hearing has been scheduled for % 30 m. on IS � V to discuss these Plans. May we have your comments and recommendations c•ncerning-this subdi- vision by no later than .� (�S Please return this form and the plan with your comments' and rec► nm-:ndations. Th,.n:, you, ►� (� � :1 , k, PlanningToara FORM L REFERRAL FORM Plans orth Andover, Mass. 19 „ HIGHWAY SURVEYOR SUPERINTENDENT OF PUBLIC WORKS CONSERVATION COMMISSION BUILDING INSPECTOR FIRE CHIEF POLICE CHIEF TREE WAPDEN. BOARD OF f!FALTH SUBDIVISION CONTROL COMMITTEE The attached / plans were ubmitted to the Planninq Board on A. public hearing has been scheduled for M. on to'discuss these plans. - May we have your comments and recommendations concerning -this subdi- e. vision by no later than - �— (�S Please return t h i s form and the plan with your comments and recomm•:ndations. Th,,nk you, Clerk, lanning Board