The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 0 GREAT POND ROAD 4/30/2018J FA f ( Yxr [ bP IloAd Q Fludi nS ©IOD Re �,� v ReaAlit Qorilioo dae at CrYeo7t Pov�d �oodx Town of North Andover Town Cled, Time Stamp Office of the Zoning hoard of Appeals RECEIVED Community Development and Services Divisi i'F F 6 C '9SS.... 400 Osgood Street North Andover, Massachusetts 01845 2006 APR —4 AM g: 59 Gerald A. Brown Telephone (978) 688-9541 Fax (978 688-9542 Inspector of Buildings ) TOWN C s � . NOR 1 H A ��vt,��, , MASSAMHU',_.. T ., Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2006 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: Lot 1, Great Pond Road NAME: Great Pond Realty Trust HEARING(S): February 14 & March 14, 2006 ADDRESS: Lot 1, Great Pond Road PETITION: 2006-001 North Andover, MA 01845 TYPING DATE: March 23, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting place in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, March 14, 2006 at 7:30 PM upon the application of Great Pond Realty Trust, John R. Keilty, Trustee, 40 Lowell Street, Peabody, MA 01960 for premises at: Lot 1, Great Pond Road (Map 35 Parcel 108), North Andover requesting dimensional Variances from Section 4, Paragraph 4.136.3.c.ii.3 for a new permanent structure within the non -disturbance buffer zone of the Watershed Protect District, and 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 build a single-family dwelling. Said premises affected is property with frontage on the Northeast side of Great Pond Road within the R-1 & Watershed Protection zoning districts. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on January 23 & 30, 2006. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse and 2"d by Daniel S. Braese the Board voted to GRANT a Variance from Section 4, Paragraph 4.136.3.c.ii.3 to allow for a new permanent structure, a single family dwelling and pool, within the Non -disturbance Buffer Zone of the Watershed Protect District, and dimensional Variances from Section 7, Paragraphs 7.1 & 7.2, and Table 2 of the Zoning Bylaw for relief of 41,226 square feet lot area and 25 feet of street frontage in order to build a single-family dwelling per: Site: Lot 1, Great Pond Road [Map 35, Parcel 108], North Andover, MA 10845 Site Plan Title: Site Plan Lot 1 Great Pond Road, North Andover, MA prepared for Great Date: Pond Realty Trust, John R. Keilty, Trustee, 40 Lowell Street, Peabody, MA Sheet/Drawing 01960 Date & Revised Dates): December 22, 2005, Revised 2-1-06, 3-8-06 Registered Professional: David Alves, P.L.S. #45454 Civil Engineer/Land Benjamin C. Osgood, Jr., R.P. Civil Engineer #45891 Surveyor New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845 Sheet/Drawing Sheet #1 Building Plan Title New Home for Cyrus Construction Corp By: Residential Designs by Robert M. Connell, 22 North St. Wilmington MA. Date: 4-18-04 Sheet/Drawing 2004 Al(indicating G.F Elev 130.0 to Ride Elev 165.0)-A4;A6-A7 Page 1 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 °f "O pTN Town of North Andover Town Clerk Time Stamp ?'- Office of the Zoning Board of Appeals Community Development and Services Division IVD 400 Osgood Street T O t� I C L l~ W 9 0r- F ICE - North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 2006 APR _4 AM 9' 59 Inspector of Buildings Fax (978) 688-9542 NORTH 0100VE ra With the following conditions: 1. The applicant shall provide an evergreen screen of 13 spruce and/or hemlock trees, 6' to 8' in height, spaced 10' maximum on center along the west side lot line. 2. The applicant shall provide at least 15 deciduous and 15 evergreen trees to replace trees removed for site work between the proposed house and Great Pond Road. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster Thomas D. Ippolito, and Daniel S. Braese. Based on the evidence and testimony presented at the February 14 and March 14, 2006 hearings, the Board finds that the premises and subject site has an area of 45,894 sq. ft. with frontage of 150 ft. on Great Pond Road. According to the submitted application, the parcel was purchased by the petitioner 3-1/2 years ago, and is recorded in the Northeast Registry of Deeds, Book 6783, Page 345. Owing to circumstances relating to the soil conditions, shape, or topography of the land and especially affecting Map 35, Parcel 108 but not affecting generally the zoning district in which Lot 1 is located, a literal enforcement of the provisions of 4.136.3.c.ii.3, 7.1 & 7.2, and Table 2 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that the applicant's letter of 3/13/06 to the left side abutter states that the applicant will provide a privacy buffer on both sides of the property line without cost to the abutter, and keep existing trees, if they are in good shape, while installing others. The Board finds that there was no written or spoken opposition at the March 14th meeting. The Board finds that desirable relief may be granted without substantial detriment to the public good through the 85 Conditions and the Maintenance Plan of the North Andover Conservation Commission's decision for DEP file number 242-1345 signed February 22, 2006 without nullifying or substantially derogating from the intent or purpose of the North Andover 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, E en P. McIntyre, biair Decision 2006-001. M35P108. Page 2 of 2 f r' I I Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f Gerald A. Brown Inspector of Buildings Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals RECEIVED r -P, ECEIVED_ Community Development and Services D�°i6ri>r{v0. ICE 400 Osgood Street North Andover, Massachusetts 018457006 JAN 18 bili ED' 51 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals M IZSP ^�N..' •�.. Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 14th of February, 2006 at 7:30 PM to all parties interested in the appeal of Great Pond Realty Trust, John R. Keilty, Trustee, 40 Lowell Street, Peabody, MA 01960 for premises at: Lot 1, Great Pond Road (Map 35 Parcel 108), North Andover requesting dimensional Variances from Section 4, Paragraph 4.136.3.c.ii.3 for a new permanent structure within the non -disturbance buffer zone of the Watershed Protect District, and 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 build a single-family dwelling. Said premises affected is property with frontage on the Northeast side of Great Pond Road within the R-1 & Watershed Protection zoning districts. 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 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on January 23 & 30, 2006. Legalnotia M3 5P 108. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9546 NEW ENGLAND ENGINEERING SERVICES, INC. Town of North Andover 12/23/2005 Lot 1 Great pond road, North Andover. Board of Appeals adverti 39.78 Checking - Banknorth 39.78 NEW ENGLAND ENGINEERING SERVICES, INC. Town of North Andover 12/23/2005 Lot I Great pond road, North Andover. Board of Appeals 150.00 Checking - Banknorth 150.00 No.: Dat ,AORTH TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee s 5 Foundation Permit Fee $ Other PemittoFee s CA 0049?- 1 -35 Wi EK@191 n-'� I nt�e-6tor —2, 6 A . ZBA 3L9 Date/.;;..— —0 3 .......... S' TOWN OF NORTH ANDOVER RECEIPT This certifies that Mew ... �f� ( ............ ....... % ............ ...... .. ..................... 17 - has paid# .... 4 OP ...... 0-0 ...... for.?00.b..7.qP/ ...... VC -K ..... I M 35-/ 10 q — `7 Received by ......................... N ..... �..94.W ..................................... Department ............................ :7�7 13 N- ........................................................ WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals North AnOver Hearing No.: ZBA-2006-0002 Date: January 17, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance Thu Jan 12, 2006 Anolicant's Name: NAME: Great Pond Really Trust, John R. Keilty, Trust ADDRESS: 40 Lowell Street STATE: MA TOWN: PEABODY PHONE NO.: STATE: MA ZIP CODE: 01960 PHONE NO.: NORTH ANDOVER, MA FAX NO.: EMAIL ADDRESS: GIS # Site Information: Owner's Name: NAME: Great Pond Realty Trust, John R. Keilty, Trust ADDRESS: 40 Lowell Street TOWN: PEABODY STATE: MA I ZIP CODE: 01960 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: MAILING DATE: SITE ZONING: 0 GREAT POND ROAD APPEAL DATE: Tue Jan 17, 2006 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING DEADLINE DATE: GIS # MAP: BLOCK: LOT: ACTION TAKEN: 1736 1 035.0 1 0108 I HEARING DATE: Reason for filing: Var. From 4.136.3.00 for new permanent dwelling in non -disturb buffer & from 7.1 & 7.2 & Table 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 Jan 17, 2006 Wed Feb 08, 2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Jan 30, 2006 Sat Mar 18, 2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Jan 30, 2006 Tue Feb 14, 2006 SECOND ADVERTISING DATE: HEARING TIME: 1 VOTING DEADLINE: DECISION DEADLINE: Mon Feb 06, 2006 1 Sat Apr 22, 2006 1 Sat Apr 22, 2006 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. 4 T .... Zoning ylaw Review Form o B 4 . R k Town Of North Andover Building Department °27 Charles St. North Andover, MA. 01845 4 Sa",5 Phone 978-688-9545 Fax 978-688-9542 Street-. 04 T-4 "16 Cf.. o,.,rt F,.paair _ Map/Lot: Applicant: 6,.-a 4 -Po vst Request: M ILPUC l S //0 rc 777401 r r De� c � Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning-/ a Ades ao-3o-aa �'7s' �,c• F,N sr. Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient y e s, 1 Frontage Insufficient y e S 2 Lot Area Preexisting * YI°5 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage K es 4 Insufficient Information 4 Insufficient Information B Use 5 No access aver Frontage 1 Allowed G Contiguous Building Area H2Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required {e ,s 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply �-1 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information L ,e S 5 Rear Insufficient I Building Coverage 6 Preexistingsetbacks O 1 — Coverage exceeds maximum N 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed Lf s j Sign 3 Lot prior to 10/24/94A 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Parking Complies s 3 Insufficient Information 3 Insufficient Information 4 Pre-existinn Park -inn ,cemeay for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Fronta e S ecial Permit Parking Variance Frontage Exception Lot Special Permit A 1 Lot Area Variance Common Drivewav SDeclal Permit uon re ate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit S ecial Permit Non -Conforming Use Large Estate Condo Special Permit Earth Removal S ecial Permit ZBA Planned Develo ment District Special Permit Special Permit Use not Listed but Sir Planned Residential S ecial Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting Watershed Special Permit nonconformin The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. E3uildmg Department Official Signa .ufe Applicatio Received Application eni d Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Referred To: Fire Conservation Planning Other Health Zoning Board Department of Public Works Historical Commission Buildina DeDwtm nt Plan Review Narrative The following narrative is provided to further explain the. reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: 1)('6t - o amu= r ' 9SSACINSEt Gerald A. Brown Inspector of Buildings Town of North Andover Town Clerk Tune Stamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services DivisigVW CLERK'S OFI FICE7 400 Osgood Street North Andover, Massachusetts 0.1345 2006 ' — 9*- 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. A n A i 1 17 Telephone (978) 688-9541 TOWN CF Fax (978) 688-9542 NOS 1 H A �@ 0V E Ti MASS ACHIT Yw. Notice of Decision This is to certify that twenty (20) days Year 2006 have elapsed from date dslon, filed without filing of an , p Date joy A.9radshaw 7 wn Clerk Prnnert-v at' Lot 1_ Great Pond Roads �1 �,T7 NAME: Great Pond Realty Trust HEARING(S): February 14 & March 14, / Site Plan Title: 2006 ADDRESS: Lot 1, Great Pond Road PETITION: 2006-001 North Andover, MA 01845 TYPING DATE: March 23, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting place in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, March 14, 2006 at 7:30 PM upon the application of Great Pond Realty Trust, John R. Keilty, Trustee, 40 Lowell Street, Peabody, MA 01960 for premises at: Lot 1, Great Pond Road (Map 35 Parcel 108), North Andover requesting dimensional Variances from Section 4, Paragraph 4.136.3.c.ii.3 for a new permanent structure within the non -disturbance buffer zone of the Watershed Protect District, and 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 build a single-family dwelling. Said premises affected is property with frontage on the Northeast side of Great Pond Road within the R-1 & Watershed Protection zoning districts. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on January 23 & 30, 2006. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse and 2"d by Daniel S. Braese the Board voted to GRANT a Variance from Section 4, Paragraph 4.136.3.c.ii.3 to allow for a new permanent structure, a single family dwelling and pool, within the Non -disturbance Buffer Zone of the Watershed Protect District, and dimensional Variances from Section 7, Paragraphs 7.1 & 7.2, and Table 2 of the Zoning Bylaw for relief of 41,226 square feet lot area and 25 feet of street frontage in order to build a single-family dwelling per: Site: Lot 1, Great Pond Road [Map 35, Parcel 108], North Andover, MA 10845 Site Plan Title: Site Plan Lot 1 Great Pond Road, North Andover, MA prepared for Great Date: Pond Realty Trust, John R. Keilty, Trustee, 40 Lowell Street, Peabody, MA Sheet/Drawing 01960 Date (& Revised Dates): December 22, 2005, Revised 2-1-06, 3-8-06 Registered Professional: David Alves, P.L.S. #45454 C")4L- Civil Engineer/Land Benjamin C. Osgood, Jr., R.P. Civil Engineer #45891 Surveyor New England Engineering Services, Inc., 1 60 Beechwood Drive, North Andover, MA 01845 Sheet/Drawing Sheet #1 Building Plan Title New Home for Cyrus Construction Corp By: Residential Designs by Robert M. Connell, 22 North St. Wilmington MA. Date: 4-18-04 Sheet/Drawing 2004 A1(indicating G.F Elev 130.0 to Ridge Elev 165.0)-A4;A6-A7 ATTEST: Page 1 of 2 A True Copy Town Clerk Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 _1 3.6 YZ) I = n ( R D y9SS�CNU`+eS Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services Division RECEIVED 400 Osgood Street TOWN CLERK'S OrFICE. North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 7006 APR .,4 AM 9' 59 Inspector of Buildings Fax (978) 688-9542 O(j{trr�- rk �f/7S .0 �.rF NORTH ANDOVE MASSACHRY` E 1, � With the following conditions: 1. The applicant shall provide an evergreen screen of 13 spruce and/or hemlock trees, 6' to 8' in height, spaced 10' maximum on center along the west side lot line. 2. The applicant shall provide at least 15 deciduous and 15 evergreen trees to replace trees removed for site work between the proposed house and Great Pond Road. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R- Webster Thomas D. Ippolito, and Daniel S. Braese. Based on the evidence and testimony presented at the February 14 and March 14, 2006 hearings, the Board finds that the premises and subject site has an area of 45,894 sq. ft. with frontage of 150 ft. on Great Pond Road. According to the submitted application, the parcel was purchased by the petitioner 3-1/2 years ago, and is recorded in the Northeast Registry of Deeds, Book 6783, Page 345. Owing to circumstances relating to the soil conditions, shape, or topography of the land and especially affecting Map 35, Parcel 108 but not affecting generally the zoning district in which Lot 1 is located, a literal enforcement of the provisions of 4.136.3.60, 7.1 & 7.2, and Table 2 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that the applicant's letter of 3/13/06 to the left side abutter states that the applicant will provide a privacy buffer on both sides of the property line without cost to the abutter, and keep existing trees, if they are in good shape, while installing others. The Board finds that there was no written or spoken opposition at the March 14'' meeting. The Board finds that desirable relief may be granted without substantial detriment to the public good through the 85 Conditions and the Maintenance Plan of the North Andover Conservation Commission's decision for DEP file number 242-1345 signed February 22, 2006 without nullifying or substantially derogating from the intent or purpose of the North Andover 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, E en P. McIntyre, Cl@r Decision 2006-001. M35P 108. Page 2 of 2 Board of Appeals 978- 688-9541 Building 97&688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 e5 t13 /(- Town of North Andover Office of the Planning DepartmeiW * �1~IVED ` ' * Community Development and ServiJe��`�'�i�i§ iv CrFiCI-L �'ssAc►„►S�``5 Osgood Landing 1600 Osgood Street 2006 MAY 16 Pfd 4: 11 Lincoln Daley Building #20, Suite 2-36 North Andover, Massachusetts 01845 G � d 01 Town Planner H0R i H Aill D V P (978) 688-9535 PlA$S A F (978) 688-9542 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 15, 2006 Date of Hearing: March 7, thru May 2, 2006. Date of Decision: May 2, 2006 Petition of Great Pond Realty Trust, 40 Lowell Street, Peabody, MA 01960. Premises Affected: Lot 1 Great Pond Road, North Andover, MA. Assessors Map 35, Parcel 108, located in the R-1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136 of the Watershed Protection District. So as to allow: the construction of a 4,637 square foot single-family residence, in ground swimming pool, and drainage devices within the Non -Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to approve a Special Permit for the Watershed Protection District, based upon the following conditions: Lincoln Daley, Town Planner Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles Jack Green Richard Rowen, acting Clerk cc: All Town Departments BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 .J Special Permit - Watershed Protection District Lot 1 Great Pond Road Map 35, Parcel 108 The Planning Board makes the following findings regarding the application of Great Pond Realty Trust, 40 Lowell Street, Peabody, MA filed on February 3, 2006. The project site is located at Lot 1, Great Pond Road, Assessors Map 35, Parcel 108 in the R-1 Zoning District. The parcel consists of approximately 1.054 acres (45,894 sf) with 150' of frontage on the Northeast side of Great Pond Road. The parcel was created in 1985 and is subject to the Watershed Protection District provision for lot created before October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a 4,637 single-family residence, in ground swimming pool, and drainage devices located within the Non -Disturbance Zone of the Watershed Protection District. Public hearings were held on March 7, 2006, March 21, 2006, and April 18, 2006. APPENDIX A In accordance with 4.136 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: FINDINGS OF FACT: 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. The proposed structures will be connected to the Town sewer system; b. A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. c. The filtration system being proposed for the pool is a non -backwash type cartridge system and the pool water sanitation system is a chemically free design that treats pool water with a dual purification system using ionization and ozonation. Use of this particular type of filtration system will be placed in the deed. d. The topography of the site will not be altered substantially. e. The limit of clearing is restricted to the minimum necessary to construct/renovate the structure and appurtenances; 2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone, for any discharge, structure or activity, associated with the proposed project. 3. On March 14, 2006, the applicant received a Variance from Section 4, Paragraph 2 j" 4.136.3.c.H.3 to allow for a new permanent structure, a single family dwelling and pool, within the Non -disturbance Buffer Zone of the Watershed Protect District, and dimensional Variances from Section 7, Paragraphs 7.1 & 7.2, and Table 2 of the Zoning Bylaw for relief of 41,226 square feet lot area and 25 feet of street frontage in order to build a single-family dwelling. As part of the conditions of both variances, the following conditions shall apply: 1. The applicant shall provide an evergreen screen of 13 spruce and/or hemlock trees, 6' to 8' in height, spaced 10' maximum on center along the west side lot line. 2. The applicant shall provide at least 15 deciduous and 15 evergreen trees to replace trees removed for site work between the proposed house and Great Pond Road. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following Findings of Fact: 1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site, 2. The use will not adversely affect the neighborhood as the use is a single-family dwelling and accessory structure; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use; 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. 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. A performance guarantee of two thousand dollars ($2,000) 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. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by �I O the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 3. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to the Planning Department. b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. The pool filtration system proposed is a non -backwash type cartridge system and the pool water sanitation system is a chemically free design that treats pool water with a dual purification system using ionization and ozonation. This filtration system must be incorporated into the deed and use of this system or its equal or better must be used in perpetuity on the site. Changes of the type of pool filtration system used must be reviewed and approved by the North Andover Planning Board. Failure to comply with this condition will result in revocation of the Special Permit. 4. PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a. The applicant shall submit an as -built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5. 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 # 11. 6. The Planning Board shall have final discretion in determining if sufficient landscape screening and buffering has been provided. 4 7. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. The Contractor shall contact Dig Safe at. least 72 hours prior to commencing excavation. 9. 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. 10. This Special Permit approval shall be deemed to have lapsed May 2, 2008 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 11. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a. Town of North Andover Planning Board Application for Watershed Special Permit filed by Great Pond Realty Trust / John R Keilty, Trustee. b. Plan titled: Site Plan Lot 1 Great Pond Road North Andover, MA Prepared for: Great Pond Realty Trust / John R. Keilty, Trustee Prepared by: New England Engineering Services 60 Beechwood Drive North Andover, MA 01845 Scale: 1" = 20' Date: December 22, 2005 Sheets: 1-3 cc: Applicant File 61 Memo Joseph & Suzanne Pelich 38 Sargent Street North Andover, Massachusetts 01845 Office phone (978)683-3200 ext 12 Office Fax (978) 683-3115 Date: 3/13/06 To: Mr. & Mrs. Lawson From: Joe & Suzanne Pelich Regarding; 38 Sargent Street Pages: memo only Hello, Thank you for meeting with Suzanne and I on Saturday. We are really looking forward to having great neighbors like you both! We discussed installing a buffer between properties so you can continue to enjoy your privacy. I have asked Ben Osgood to show the buffer on the plan (you reviewed the plan) and submit it to the appropriate boards. I also offer to install more trees if needed once we see how much I cut in the field. I hope to keep a few existing trees if they are in good shape. Although you were very kind in offering to split the cost of any trees we put on your side of the property - line, I insist that I incur all those costs of planting and buying any trees we install. So, all costs for plantings shall be absorbed by us. Thank you so much for your support. Sincerely, PAJI/-� Joe & Suzanne Pelich DMAR 15 2006 BOARD OF APPEALS �� 6-00 1 NEW ENGLAND ENGINEERING SERVICES lk INC March 9, 2006 North Andover Board of Appeals 401 Osgood Street North Andover, MA 01845 Re: Lot 1 Great Pond Road, North Andover Variance application Dear Madam Chairman: Enclosed are the following documents concerning the above referenced property. 1. Revised site plans showing a row of spruce or hemlock trees as screening between the proposed dwelling and the neighboring property to the west and changes requested by the conservation commission and the planning board. 2. Revised house plans showing heights of the building as it relates to the elevations at the site. The site plans have also been revised to show spot grades around the building to insure that the building height complies with the North Andover Zoning Bylaw. 3. Copies of the conservation commission order of conditions for the property. 4. One copy of the mylar plan for signature and recording should the board vote to approve the plan. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benjamin C. Osgood, Jr., PE President ECCE YE 0 IViH R 0 - 2006 13GAR9 OF PIRE tS 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 LilMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1345 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. General Information North Andover From: t. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: John R. Keilty, Trustee Great Pond Realty Trust a. First Name b. Last Name c. Company 40 Lowell Street d. Mailing Address Peabody MA. 01960 � e. City/Town f. State g. Zip Code 4. Property Owner (if different from applicant): Same as applicant a. First Name b. Last Name c. Company d. Mailing Address e. Citylrown f. State g. Zip Code 5. Project Location: Lot 1 Great Pond Road North Andover a. Street Address b. City, Town Map 35 Parcel 108 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 6783 345 8. �I�C�I W f�,Hr� � - "L006 U BOARD OF APPEALS wpaform5.doc • rev. 3/1/05 c. Book d. Page Dates: 12/28/05 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan Lot 1 Great Pond Road a. Plan Title New Enqland Engineering Services, Inc. Benjamin C. Osgood, Jr., P. E. b. Prepared By c. Signed and Stamped by 12/22/05 11" = 20' d. Final Revision Date e. Scale I. r%uuaionai rian or uocument Title Total WPA Fee Paid: $ 800.00 a. Total Fee Paid g. Date $ 237.50 $ 562.50 D. State Fee Paid c. City/Town Fee Paid 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 t. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1345 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the.work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b. linear feet c. linear feet _ d. linear feet a. El Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 5. ❑ Land Under Waterbodies and a. square feet d. square feet b. square feet c. square feet Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands f� WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1345 B. Findings (cont.) ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. 171 Bordering Land a. square feet b. square feet c. c/y nourishmt. d. Gy nourishmt Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood a. linear feet b. linear feet 15. ❑ Storage e. cubic feet _ f. cubic feet g. cubic feet h. cubic feet 7. ❑ Isolated Land Subject ts. ❑ Salt Marshes to Flooding a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet 17. Cubic Feet Flood Land Under Salt Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 8. ❑ Riverfront area 18. El Land Containing a. total sq. feet b. total sq. feet a. square feet b. square feet c. square feet d. square feet 19. Sq ft within 100 ft Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below to. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. EJ Coastal Beaches a. square feet b. square feet c. Gy nourishmt. d. Gy nourishmt. 13. ❑ Coastal Dunes a. square feet b. square feet c. c/y nourishmt. d. Gy nourishmt 14. ❑ Coastal Banks a. linear feet b. linear feet 15. ❑ Rocky intertidal Shores a. square feet b. square feet ts. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 17. ❑ Land Under Salt Ponds a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged 18. El Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 20. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc • rev. 311/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1345 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1345 wpaform5.doc • rev. 3/1/05 Page 4 of 9 LLIMassachusetts 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: 242-1345 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. If you need more space for additional conditions, select box to attach a text document Special Conditions: See attached wpaform5.doc • rev. 3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1345 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance orb law are as follows:space for additional See attached conditions, select box to attach a text document wpaform5.doc • rev. 311105 Page 6 of 9 DEP FILE # 242 -1345 Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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). CAWinword\OOC\OIotIGreatPondRd.doc I NACC 2/24/2006 DEP FILE # 242 - 1345 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. 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. 242-1345. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a single-family dwelling, driveway, pool, patio, stormwater devices, and stonewall with associated grading and appurtenances within the buffer zone to several Bordering Vegetated Wetlands. Proposed work is also proposed 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: Great Pond Realty Trust (Applicant) 40 Lowell Street Peobody, MA 01960 Received December 28, 2005 Site Plans prepared by: New England Engineering Services 60 Beechwood Drive North Andover, MA 01845 Consisting of sheets 1 through 3 Dated December 22, 2005, revised February 1, 2006 Stamped & Signed by Bejamin Osgood, Jr. P.E. Entitled: Sheet 1- "Site Plan" CAWinword\OOC\OIotIGreatPondRd.doc 2 NACC 2/24/2006 DEP FILE # 242 - 1345 Sheet 2 - "Details Sheet" Sheet 3 - "Pre and Post Development Drainage Plan" Drainage Report prepared by: New England Engineering Services, entitled "Drainage Report - Lot 1 Great Pond Road - North Andover, Massachusetts " Dated December 22, 2005. Other Record Plans & Other Record Documents: Maintenance Plan, no date, received date, Feb. 1, 2006; Review Letter prepared by Eggleston Environmental dated January 24, 2006. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW's). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein and as approved under the Order of Resource Area Delineation (ORAD) issued on September 10, 2003. 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. CAWinword\OOC\OIotIGreaftndRd.doc 3 NACC 2/24/2006 DEP FILE # 242 -1345 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1345." 39. 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 C:\Winword\ooC\OIotIGreatPondRd.doc 4 NACC 2/24/2006 DEP FILE # 242 - 1345 submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed construction sequence, including a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/erosion control devices, phasing associated with the development and the construction of the associated stormwater management structures. This timetable must continue to be updated throughout the project. 42. Prior to any work commencing on site, the Maintenance Plan attached herein shall be recorded at the registry of deeds with the Order of Conditions. Proof of recording shall be submitted to the Conservation Department. 43. Prior to any work commencing on site, any wetland flagging present on the site in which is not a part of this approval shall be torn down and removed. This shall be verified during the pre -construction meeting. 44. Prior to any work commencing on the site, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone" or as otherwise described herein with fourteen (14) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area". Where the 25' No - Disturbance Zone does not fall within the property limits, the markers shall be placed along the rear and eastern property boundaries upgradient to the identified wetland resource areas in the same manner as described above. 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. 45. 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 CAWinvord\00C\0IotIGreaftndRd.doc 5 NACC 2/24/2006 DEP FILE # 242 -1345 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. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 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. 48. 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. 49. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or CAWinvord\OOC\OIotIGreatPondRd.doc 6 NACC 2/24/2006 DEP FILE # 242 -1345 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. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/ Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify that, to the best of his / her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all 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. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached 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. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, 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 CAWinword\OOC\OIotIGreatPondRd.doc 7 NACC 2/24/2006 DEP FILE # 242 - 1345 the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre -construction meeting (e.g. 72 hours). 11STORMWATER MANAGEMENT CONDITIONS 53. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent and as approved by the NACC in this Order of Conditions. 54. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. Annual reports must continue to be submitted until a Certificate of Compliance is issued. 55. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the approved Operation and Maintenance Plan attached herein. 56. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these stormwater management controls. 57. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater management basins and controls. 58. 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. (-':\winword\0000IotIGreaftndRd.doc 8 NACC 2/24/2006 DEP FILE # 242 -1345 59. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation & Maintenance Procedures Plan and the associated stormwater management conditions referenced herein. 61. The applicants, owners, and their successors and assignees, shall maintain all collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 62. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 63. A crushed stone construction entrance shall be designated at the driveway to minimize soil/material tracking onto Great Pond Road in accordance with the approved standards and specifications. This entrance shall be maintained and reinforced as necessary. 64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 65. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 66. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. CAWinword\OOC\OIotIGreatPondRd.doc 9 NACC 2/24/2006 DEP FILE # 242 -1345 67. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils; remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 68.Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while any dewatering is occurring_ De -watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 69. The permanent fieldstone/barrier wall shall be constructed and installed upslope of the 25' No Disturbance Zone as shown on the approved plan referenced herein. 70. 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. 71. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1s' of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 72. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 73. Construction equipment/vehicles shall not be staged overnight within 50 -feet of a wetland resource area. 74. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 75. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. CAWinword\00C\0Iot1GreatPondRd.doc 10 NACC 2/24/2006 DEP FILE # 242 - 1345 76. 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. 77. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 78. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 79. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity. 80. The approved Maintenance Plan is fully binding upon the applicant, and or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 81. Prior to the issuance of the Certificate of Compliance, the applicant shall submit to the Conservation Department an Affidavit from any other assignee, if not the same owner to which this Order is attached, acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Maintenance Plan referenced and attached herein. 82. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either C:\Winword\ooC\OIotIGreatPondRd.doc 1 I NACC 2/24/2006 DEP FILE # 242 - 1345 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. 83. 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. 84. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: v "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. CAWinword\OOC\OIotIGreatPondRd.doc 12 NACC 2/24/2006 DEP FILE # 242 -1345 Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a—X disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 85. 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); ➢ Discharge or spillage of pollutants (Condition #77); ➢ Maintenance of all collection basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #61); ➢ Prohibition of underground fuels (Condition #78); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #79). ➢ The attached "Stormwater Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\OOC\OIotIGreatPondRd.doc 13 NACC 2/24/2006 DEP FILE # 242 -1345 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). 2) I am the and / or of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File #) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) CAWinvord\OOC\OIotlGreaftndRd.doc 14 NACC 2/24/2006 MAINTINANCE PLAN LOT 1 GREAT POND ROAD NORTH ANDOVER, MA As part of the order of conditions for Lot 1 Great Pond Rd., North Andover the following maintenance conditions should be added. 1. Monthly policing of the property and wetland areas to conduct trash removal. 2. Annual cleaning of deep sump manhole and cross driveway drain after the final snow melt to remove accumulated road sand. 3. Annual sweeping of the drive to be done when the deep sump catch basin is cleaned. 4. Mowing of the grass swales at the exterior of the property. Grass height to be maintained at a height of 4" to 6" during the growing season. 5. Annual cleaning of the grass swales to remove any accumulated sediment and debris. Removal of sediment and debris to be done by hand. Any area of the swales that require re -vegetation shall be seeded at the time of the annual cleaning. 6. The drainage system including all drain pipes, manholes, detention pond inlets and outlets, and the infiltrator system shall be inspected annually by a registered professional engineer to ensure that the system is in working order and to recommend any additional maintenance items which may be required. 7. Annual cleaning of the inlet and the outlet of the detention pond and performance of any additional maintenance items as determined by a registered professional engineer as part of his annual inspection. 8. All sediment shall be disposed of in accordance with all local, state, and federal regulations. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Ll :( ( I WPA Form 5 — Order of Conditions 242-1345 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special "l b Lek condition pursuant to General Conditions #4, from the date of issuance. t. Date if Issu nce Please indicate the number of members who will sign this form: ,� This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department -of Environmental Protection Regional Office, if not filing electronically, and the propertly.oWner, if'different from applicant. Signatures: y Q !) C, Notary Acknowledgement Commonwealth of Massachusetts County of nd On this Day of Before me, the undersigned Notary Public, personally appeared Essex North V" rko- moo 6 Month Year 'Sc D* 3'r— Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover DONNA R WEDGE NOTARY PUBLIC commow iWm OF MA=HUSEM rM comm Expires Aug. 7, 2009 Cityrrown Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date Conservation Commission S nature of Notary Public Printed Name bf Notary' Public / `7 /,,200C / - My Commission Expfres (Date) [/by certified mail, return receipt requested, on /-) L/ Date wpaform5.doc • rev. 311105 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: 242-1345 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 311105 Page 8 of 9 s 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: 242-1345 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: 242-1345 _ Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 311105 Page 9 of 9 02/21/2006 13:11 9786851099 NEW ENG EM Falb 15 08 11:36a NORTH ANDOVER 9766989542 Town of North ;%ndover Community Development and Servi( rs nivision • ' .'' Office of the Zoning, Board of Appeals 4(X) nSy;wd Slmol North Andlwi►r, tila)Nie'hum•tig (YI.W r mld A. F3nmr Fnsptorof 8nildiggs M Town ofNorth Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Taknllonc (')78) o,.4,, )541 Flu (9 78) (M-9542 Date - - b h'AUL 13Z p•2 ON O ICl4i P.s t -F r 2006 FF0 22 AM I0,. 40 1 Ali S S A%CrF S.U,wf_. Pkm be advised that f have agreed to waive the time coenatrairna for the North Andover Zoning Board of Appeals to make a decision reguding the gramyng of a S Permit COMPreheneive Permit (40B) pwft for property located at: STREET:_G__r__ec►% Pem MAP:_ PARCEL: -..� TOWN: ar TO MEE MG DATE(S): NA&M M PBTMONER A) R-pQ 4 _ I v l . c+ Signed: V7 ,- ."' P (or petitioner' epresentat' ) IinnM.d'.4'ra►W��7� riYK9,.11 16►i1Ji�Ir.,'ri7ta.,1t.9311 tli+nr.•ilitn'!'!v ,Clr►t111 Ifc.Nh'Y•R+aht.!►�,111 I�n,rfime!+7kaxi.�,1;11 NIFEIBC�1d1 �, 12006 BOARD OF APPEALS EGGLESTON ENVIRONMENTAL January 24, 2006 North Andover Conservation Commission 400 Osgood Street North Andover, MA 01845 Attn: Alison McKay RE: Stormwater Management Review Lot 1 Great Pond Road Dear Alison and Commission Members: Per your request, I have conducted a brief technical review of the proposed development of Lot 1 on Great Pond Road in North Andover with respect to stormwater management. The materials I have received and reviewed to date include the following: • Drainage Report, Lot 1 Great Pond Road, North Andover MA, prepared for Great Pond Realty Trust by New England Engineering Services Inc. and revised through December 22, 2005. ■ Site Plans, Lot 1 Great Pond Road, North Andover MA, 3 Sheets, prepared for Great Pond Realty Trust by New England Engineering Services Inc. and revised through December 22, 2005. It is my understanding that, due to its size, this project is not subject to the requirements of the stormwater management and flood storage standards (Section IV) of the North Andover Wetlands Bylaw or the Massachusetts Wetlands Protection Act and Stormwater Management Policy. The project is, however, within the Lake Cochichewick watershed area. I have therefore focused my comments on the overall stormwater management concept for the site, and its potential hydrologic and water quality impacts to wetland resources. My comments are outlined below: 1. In general, the project as designed largely maintains existing drainage patterns and provides for drainage across the site from upgradient properties. It also provides for attenuation of peak runoff flows to pre -development rates. 2. While detailed infiltration/impervious area calculations were not provided, the plan appears to maximize onsite recharge through the Stormtech infiltration chamber system to which roof drainage will be directed. Infiltration could be further enhanced by the removing the proposed bituminous berm along the western edge of the driveway and grading the pavement to allow overland sheet flow toward the vegetated swale. This would also eliminate the need for the deep sump catchbasin at the base of the berm. 3. Water quality treatment of site runoff (primarily solids removal) would be a Q W E provided through the vegetated swales, sediment forebays, and detention pond DFEB proposed. Given the project's proximity to Lake Cochichewick, I suggest that the 1 2006 55 OLD CoAcHROAD SUDwRYMA 01776 TEL/FAx978.443.9262 BOARD OF APPEALS 2,�D�- DDJ Lot 1 treat Pond Road, Teehnicai Review January 24, 2006 2 use of road salt, fertilizers, herbicides and pesticides on the site should also be limited. 4. Ongoing maintenance of the proposed drainage structures, including mowing of the vegetated swales and periodic inspection and cleaning of the sediment forebays, detention pond and infiltrator units should be addressed. 5. Provision should be made, through drainage easements or otherwise, for preserving the drainage ways through the property over the long-term. I appreciate the opportunity to assist the North Andover Conservation Commission with the review of this project, and hope that this information is suitable for your needs. Please feel free to contact me if you or the applicants have any questions regarding the issues addressed herein. Sincerely, EGGLEMN ENVIRONMENTAL Lisa D. Eggleston, P.E. C: Ben Osgood, New England Engineering TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS O� 4MG °TM ,�4p s I. a • y n �M� ADDRESS OF APPEAL: Lo T COAD Nd,W 0&004y6— Procedure 00y6— Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (a 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 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 wall complete items 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• 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• -PLANPREPARATION: Petitioner submits all of the required plan information as cited in page -4,. section 10 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 i3• 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. IMPORTANT PHONE NUMBERS: 978-68&9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 97 D It , �ZTnir rd of Appeals Office W4 9 - Z006 9 BOARD OF APPEALS 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 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` Mthout due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. 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 Law cin. 40A § 17, within WWenty ( ) day after the decision is filed with the Town Cleric. STEP 10 RECORDING THE DErrS10N AND PLAN$• The petitioner is responsible for recording certification of the decision, the Mylar, 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. North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIAN C E 1. Petitioner: *Name, *Address and telephone number: 6WO'I'r ??ACO AAL!'-- /2usr— --✓o NTS A. l��/Lrt� f ri4wsTEE Peaa� vrw o tq �o *The petitionerf 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: S4014F- *9 PET/ I o.YEAlp Years Owned Land: , S 3. Location of Property: a. Street: Lor / AV,0 &#DZoning District: 9-1 l a,*W.. b. Assessors: Map number: 3 S Lot Number: /08 c. Registry of Deeds: Book Number. Page Number: 3 ItS 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. 413% C.L� ti N) — LW"U&noA.t wtr*A( Me- JWAI- &si?�fN46 ZOV �W04MA 4 4.49E) StGTtt)N 1 JhSL£ 7—, atMEnlSta�tAt_9j&AeE#46Ur3 — MUN. L-01 AeFA 4 MIN torr 69wTAw *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: Au ow e0A(STR✓ 01W oP A S�ilt(rt h '�u1 Puy .cltT u� ft/i�r T�YG NoK D�ST1iei�fictcE � OF MCL GOC- 4<06wtUG hNn k 6A4A101 w, rm 7D c.oT Acz.4 .47+a SrZF� FRoutti ". The above dwAptlon shW be used for On purpose of !M WW notice and dudslon. A mon dubibd demApdon Inqulnd pursuant to the Zoning Board Rufus and Reputatlons as clod on peps 4, settlors pplk of this aatbn. Failure by the �plkant to dsstxibe do request ckurly may retuk In a ducblon flat dose not address tM Inbnt d dw applkant The decbion wtli be Iknlbd to the request by d» applkant and WI not Involve addltlonal Ibms 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.'44 We NIA NP % •2S� NSA B. % rage s or 4 v NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N1f NA /5D� 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear his 4z N/9 /5-' NI9 /o, 3G 49 io 3 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9�l20 N A K A /125' 30' 3v' $o f 30, 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Sq��u��a��re�� feet Floors Sq. feet Building' of Units" NI.4 N_ N N�i9 N�A "Reference Uses from the Zoning Bylaw & Table 1. '"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units"' 2co�3 Z 34.5 443Aj(* *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building($). 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 with the Town Ciedes 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. Signature: PAGE 4 OF 4 VARIANCE 9. MITTEN Application for a Variance must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10 ) paper copies of a plan detail all facts relied upon. When requesting a Variance not to exceed 11"x17", preferred scale of 1"=40' from the requirements of MGLA ch. 40A, Sec. 10.4 and In One (1) Mylar. the Nath Andover Zoning By-laws, all dimensional IIn Plan prepared by a Registered Professional requirements shall be clearly identified and factually - Engineer and/or Land Surveyor, with a -block for supported. All points, A -F, are required to be five (5) ZBA signatures and date indicated on the addressed with this application. Mylar. A. The particular use proposed for the land or structure. B. 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. C. 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. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. 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. A set of building elevation plans 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: 1) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. T *10 C. *Features To Be Indicated On Plan: n She 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 stricture 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid fines & outlined in nevi 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plara 6. Names addresses and phone numbers, of the applicant, owner or record, and designer of 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 ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37$) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year If not exercised and a new petition must be submitted.+ 01/11/2006 09:46 9796851099 NEW ENG ENG PAGE 02 JOIN R. KEIL`i'Y, Counselor At Law 40 ]Lowell Street Peabody, MA 01960 Tel. (978) 531-7900 Fax (978) 531-2479 E -Mail KeiltyLaw0aol.com January 10, 2006 Zoning/Conservation Commission Town of North Andover 120 Main Stre- t North Andover, MA 01945 Re: Great Pond Road Realty Trust Great Pond Road, Nortb Andover, Massaebusetts Dear Sir. or Madam: I am Trustee of Great Pond Road Realty Trust. I hereby authorize Joseph Pelich and New England Engineering to make filings on my behalf as Trustee of Great Pond Road Realty Trust. These filings include, but are not limited to, a Notice of Intent, Application for Variance and Request for Determination from the Zoning Board of Appeals. Very truly yours, John R. Keilty, Esquire .fMennb k . NEW ENGLAND ENGINEERING SERVICES INC December 21, 2005 North Andover Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: Lot 1 Great Pond Road, North Andover Variance Application Dear Board Members, Please accept this letter in support of the variance request for the aforementioned property. Outlined below are points A -F, as required by the Town of North Andover. A. The particular variance request for the proposed use of the structure or land. The variance sought for this property is for the construction of a single family dwelling in the watershed district of Lake Cochichewick. The proposed dwelling will be constructed within the non -disturbance zones of wetlands and Lake Cochichewick. The proposed dwelling will also require variances from dimensional requirements for minimum lot area and frontage. B. The particular circumstances of the lot relating to soil conditions, shape, topography, or structures which do not affect the rest of the Zoning District. The existing lot was created prior to October 24, 1994 and prior to the enactment of the watershed protection bylaw. The existing wooded lot will be cleared partially cleared for construction of the new dwelling and drainage devices will be installed to prevent any affect to the rest of the zoning district. C. Facts which make a substantial hardship, which would result if the literal enforcement of the Zoning Bylaw sections on this land or use if this Variance relief is not granted. Literal enforcement of the zoning bylaw would prevent the applicant from constructing a single family dwelling in a district where others have been permitted to make use of equivalent plots of land, with the construction of similar dwellings. D. Facts which support a finding that relief sought will be desirable and without substantial detriment to the public good. Relief would not cause detriment to the public good with the approval of this variance. The property would be developed and constructed in similar fashion to neighboring properties with the use of drainage mitigating devices to prevent adverse affects to the watershed district. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 E. Facts which will support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The project area is zoned for residential use and the proposed project will be in keeping with the bylaw with the construction of a single family dwelling. The dwelling will be constructed in a similar fashion as neighboring dwellings and all best management practices will be used to prevent any adverse affects to the zoning district. F. Is this variance for contiguous buildable area? Not applicable. Therefore, for the reasons addressed above in conjunction with additional supporting documentation, the applicant respectfully requests that the Board grant the requested variances. Please do not hesitate to contact this office with any questions. Sincerely, C 0 Benjamin C. Osgood, Jr., E. President 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 direly 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 35 108 Abutters Properties Map Parcel 35 5 35 21 35 22 35 27 35 58 35 59 35 91 35 92 35 93 35 109 3y �/ Name Address Cochichewick Realty Trust 40 Lowell Street John Keilty Name , Address Frederik Fontein V1895 Great Pond Road Town of North Andover \,-120 Main Street Town of North AndoveorIP 120 Main Street Angus Realty Corp \--1077 Osgood Street Paul Lawson \A925 Great Pond Road Mark Ragonese 11t4**vtd939 Great Pond Road Michael Salach V83 French Farm Road Brian McNally 53 French Farm Road Fred Boucher III \,A5 French Farm Road Town of North Andover 120 Main Street Dept of Enviroment Mang.L,t00 Cambridge Street Lake Cochichewick Peabody, MA 01960 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 'a,- 5 0�6 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Boston, MA 02202 Date 12/22/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors/Qfice as of jet '4 odk re -1 Certified by: Date i/ ti ■ a o o . a to % k\ . (1349 ..m 00 & >k& CLto 00 £two£ o z 7$ �. . 0 S 2.. . I-- IL «z_ $oo 243)$ _\ 2N J_% 0 c & z z _ 2 ��R«� 2w& � o & �© ■ 2 0 22 X22 w oa m� 88 �■«« z 00 § \k ¥§ �2m@ 'X a E 13�C nn 0132cn k_ k 9 a B .... »� �O _o e LU Sp\� 012Q \ W ok 8 2 &. O �� /�«§ . �C . l c B # CL'- % 2Z m04)(D 3 3 Cl) 6 12 . 0 � �(4�o� 0 a 6 m co SRR C 0 0 Qkw � 0 a « I . 0 2 8 2 0 � 9 Q z © . \ s z C I ■ w \ z « w 9 FAJ Jw �§ k © Q w oO % C4 w < cc Z § - 0 a 0« w 3 igim� e d kJo§U.'a c*, Z CL < I @ . ■ ■ o % m Q m e .... C m Qa■2■ & CD 40 f E$2oCL 0 E £2uQ£ 0 $| @ m k| % aiE E 3 \| g tea■ kk O 2 .... L:0 �3J�$ 0 00 2 CO) k W 2 u 0 k| IL 2 _ 0 _,, z _J:! ®� Lu CV) �fG >f 7 @ = ��i§| � a o cr �a 2 w 82t -J Ir ma0 « It Cl 2 �? LU« 2 w o§ 8Q 2 -j LL. m (D CL e v - CL -- ©-�- 0 d Q 2 a_ � (D02(& - f 222_2 (1) Cf) (1) 0) 0 0 LL -i Co �0�aC4 o .. T id ®ems � 2 CU � DoE \R�� 2 0 � a 0 a &■@« 00 « Z . � CD2 R 2 �2mc $| @ m k| % aiE E 3 \| g 0 CD■ 2 Q 0 00 2 CO) k W w| u k| CM 2 _ 0 _,, z _J:! ®� w CV) �fG >f 7 @ = ��i§| Amk ..��__-j. cr 88 (D o w L a 0 « kk �CD 00 u cf CV) �fG >f 7 �u k� Amk 88 It Cl zTk 0� 2 � «LU 2, - f 222_2 � LL z zoo 0 �2 CL 2 ® &q ®ems � Baa 20 X22 0 � a &■@« 00 Z . CD2 �2mc w 5�ILW �� 0 k� 0 z2_C,4 v a � t Y- m I P ol1 PLAN OF LAND LOCATED IN NORTH ANDOVER, MASS. • OWNED BT RICHARD PARMLE GREATPMRO.• NO. ANDOVER. MASS. roso' MARCH. IG89. so 6SRT J)NERRIMACKEGINEERNG SERVICES ANDOVER. MASSACHUSETTS OIB10. THIS PLAN CONFORMS TOME RULES AND REGULATIONS OF T�H'r�.• Gf TRT of OEM. N,gr 4A'BUS TRUST. t`'„ REALTY eR STEPHEN E..PINS (>B). P6 2TO - TWS PLANBOEkNOYF�UN{E APPROVRC URDER _ e Gl..p2. or, THE SUBDIVISION CONTROL LAM. _ NORTH ANDOVER PLANNING BOARD. - _-... S _ 58-48':" ' — 150.00' i m - ! 51.52' O D N O AREA•LIO DACE 1 V ARIA•1-0536 C- AA536AC. �LIO65 AC. � NOTE £ - N ti •I I-FORTHIS SITE SEE BK 1445 H P6. 72 2- ZONE DISTRICT IS e- 2 1 O =Z, QL W Q a 1 V " � m C. m 1 4 'I' 2 _ V 1 150.00' 150.00' - 150.00' E.C.S.B. N 73�=IB'-OB'M '500' - - < TO OSGOOD -- STREET GREAT POND ePUBLIC) ROAD E Eels. T us d LOCUS O ,'J3 FILE RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS BOOK 2677, PAGE 72 grant to 21TA C-,OwSEILVET Of S(31 t �Q.,U t C000,1 Poet- Sv, ur Lucie-, R,00-1Da 334-!;2 with itclnitn eobenants A certain parcel of land on the northerly side of.Cre.at Pond Road, North Andover, Essex County. Commonwealth of Mesachu,setts, being shown as Lot /1 on a.Plan entitled "Plan of Land Located.,in North Andover, Hass., Owned: -by -Richard F. Parziale". Scale 1"-501. dated March 1985, drawn by Merrimack Engineering Services. Andover. Hass., filed with North District of Essex Registry of Deeds as Plan 110041. Said Lot 11 is more particularly bounded and described as follows: `4511 Q694- NORTHERL7 by land now or formerly of Angus Realty Trust, in two lines having p total length of one hundred fifty and no/100 (150.00) feet; EASTERLY by other land now or formerly of Richard F. Parziale, being Lot 12 on said plan. three hundred nine and 97/100 (309.97) feet; SOUTHERLY by the northerly line of Creat Pond Road, one hundred fifty and no/100 (150.00) feet; WESTERLY by land now or formerly of Joseph and Patricia Barcolocta, three hundred fifteen and 60/100 (315.60) feet. Containing 45,894 square feet of land according to said plan. L� Meaning and intending hereby to convey part of the land conve ed to g me by deed of Richard F. Parziale to y arziale dated 24 April 1986 and duly recorded innthe NortheEssexA.PDistrict Registry of Deeds in Book 2176, Page 13. E ed as a scaled instrument this f 244 day of of eu/'(L/ 1956 i un 66/0 s t c Fdyl+-t le Vlhr Q10mtttnnfnv„lii� .r{ �r..ar.�i,,..n14. , Ab, BK 6783 R6 345 QUITCLAIM DEED 1, Aifi+ed Matthews, III, of Peabody, Essex County, ll+iassachusetts ("C vmor"), for the consideration ofEkwcn-Thousand and Two -Hundred and Fifty Dollars ($11,250.00), grant to John IL Keilty as Trustee of the Cochichewick Realty Trust, under declaration of trust dated April 18, 2002, ("Grantee'), with QUITCLAIM COVENANTS, A certain parcel of land on the northerly We of Great Pond Road, North Andover, Essex County, Commonwealth of Massachusetts, bJ i g shown as Lot #2 on a plan entitled "Plan of Land Located in North Andover, Mass., Owned by Richard F. Parmale," Scale 1 "-50', dated March 1985, drawn by Merrimack Engineering Services, Andover, Mass., filed with North District of Essex Registry of Deeds as Plan #10041. Said Lot #2 is more particularly bounded and described as follows: L ol a., : 9 1� 1',,0 p c- 1, 1 p A C,, w 35' NORTHERLY by land now or formerly of Angus Reeky Trust, one hundred fifty and no/100 (150.00) fleet; EASTERLY by land now or formerly of the Stella Sobel, in two lines having total a f" length of three hundred twenty-one and 30/100 (32130) feet; SOUTHERLY by the northerly line of Great Pond Road, one hundred fifty and no/100 (150.00) Beet; WESTERLY by land now or formerly of Michael Parzale, three hundred nine and 97/100 (309.97) feet. Containing 48,200 square feet of land according to said plan. WR '18'02 m2:47 I 0j -�- Being the same premises conveyed to the Grantor herein by deed of Richard F. Parziale, dated February 12, 1988, and recorded in the Essex North Registry of Deeds in Book 2677, Page 73. Executed as a sealed instrument this&.�hy ofApril, 2002. Ma"achusetts Deed Excise Stamps iu sum of S52.44 A DREWAnIE WS, III Affixed and cancelled on this Instrument. COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. Thea personally appeared the abov, foregoing, instrumvat to be his free act and Rei -ro ria W14 Cxyto, April. LSI, 2002 My Coamzi#n Expireer_* A"oT the BK 6783 PG 341 QUITCLAIM DEED 1, Alfred Matthews, III, of Peabody, Essex County, Massachusetts CVffantor" ), for the consideration of Eleven -Thousand and Two -Hundred and Fifty Dollars ($11,250.00), grant to John R. Keilty as Trustee of the Great Pond Realty Trust, under declaration of trust dated April 18, 2002, ("Grantee', with QUITCLAIM COVENANTS, A certain parcel of land on the northerly side of Great Pond Road, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot #1 on a plan entitled "Plan of Land Located in North Andover, Mass., Owned by Richard F. Parziale," Scale 1 "-59, dated March 1985, drawn by Merrimack Engineering Services, Andover, Mass., filed with North District of Essex Registry of Deeds as Plan #10041. Said Lot #1 is more particularly bounded and descnbed as follows: M 35 F (b ao NORTHERLY by land now or formerly of Angus Realty Trust, in two lines having a total length of one hundred fifty and no/100 (150.00) feet; EASTERLY by other land now or formerly of Richard F. Parziale, being Lot #2 on said C� plan, three hundred and nine 97/100 (309.97) feet; (� N SOUTHERLY by the northerly line of Great Pond Road, one hundred fifty and no/100 (150.00) feet; WESTERLY by land now or formerly of Joseph and Patricia Bartolotta, three hundred fifteen and 60/100 (315.60) feet. Containing 45,894 square feet of land according to said plan. APR 1S 102 Fm2:4E Being the same premises conveyed to the Grantor herein by dead of Rita Gonsalves, dated October 19, 1993, and recorded herewith in the Essex North Registry of Deeds. '' Executed as a sealed instrurnent this ! Y day of Ap ' 2002. Massachusetts Deed Excise Stamps FRE TTHEWS,111 in sum of S52.44 9. ►`fixed and cancelled on this COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. AprilE , 2002 Thea personally appeared the above- fred the acknowledged the foregoing instrument to be his free act and dee fore NO Y LIC My Co ' n Expires: /ova rA Jo [.owe ,} k51 '�aA god r2,4. �,�� ft*p@m2" � >3 AlUNICIPAL LIEN CERTIFICATE ` R`� R� �°d THE COMMONWEALTH OF MASSACHUSETTS NUMMIL- i s0 homed: 7aee 13,200 OFFICE OF THE COLLECTOR OF TAXES B,� TOWN OF NORTH ANDOVER 120 MAIM STREET NORTH ANDOVER MA 01845 97'9.699-9550�+� � � I 1y "Idit ielbno.tion da all Nam meaa�ea� and mw P r a `b = o "� �{ `� pey" slut iieatt u o'dm dere oM oertifmb c6dte pmw orad W%ft SWifW i8 Saar aodipdnn reeaim d m,1 a 07 Ams n taa hAmw I have no Imowtefte of mW odret ties wlttuAag COUW= OF TAKES - TO" OF N&MANDOM AM —ft !ted Id tteo.olM.oros� To: ATTORNEYS AT LAW c, r��l 475 4 ANTICO BARRB9T BURKE R KORNITSKY LLPy AT F(M ROAD 1 1-5 1 FAM GREEN DRIVE /D� ,s l of / c) u31oc, 516 - 60�4 \ :f PEABODY, MA 01%0-2912 1 b b l of a a D `ftr 345 Ataasad Ownegak COCHICUB WK W ALTTt TRUST I b . 1M'I�Eit.ANf�iS IA�TPAIDS , - ,: YAtiit�IT�N'DB'!'�1i11: � �'AX / X1000• � - A000unt MEN Bahnoe Year Tat TEIe Balarroe LMWem"�Vdre Sif10,3Y0�Ot Aaaened Vshe sIS0y306.60 A1VD Ru': KAM wow um 3m s Waeer Live bwast = -S - Seen wer Li S - : t _ Sma LAW b*mm $ - s t _ Mise water um- $ S ' Min water Liras laeereat Bdtammb $ - S - S ' Chapter a Wow BdkntnentS s - Wates ComnaOod eoteroat - S S - ChwW 380 Sewar Betterment S - $ - S i' '" :.'.. .;...... .. :` ..: :'.. '. •.: .- :._i:. ..J. '':}. - - - A>rleNs Prelim"my 1st ' t SOS -10 S $13.32 S fid CA M INS a►�Y 2nd S 506.09 S 513.32 S . -0—N Achm! lst/3rd t 533.44 t 496.57 t �� Actud 1 ad/ 4d► CPA S 533.43 S 496.86 S ,<! " .! ' Beftu ttla end Liens S 27.78 $ 23.13 S $ 9.61 S 116.01 t p"wena 4167A9 TBdte S 70669 S 7,043 50 I.M.— sad Lie= $ - t [matrat S 9.61 $ 121.01 S Current Unpaid Tun S 1493.17 S s Twat Das Before Interest $1,46.17 PLEASE CONTACT TAX OFFICE FOR RCUU r R FEES 611&9530. { PLEASE CONTACP WATER DEPARTMENT AT 688-957010 DAYS PRIOR TO CLOSING FOR FINAL WUJN(I NOT INCLUDED ON (.TEN, 4 I have no Imowtefte of mW odret ties wlttuAag COUW= OF TAKES - TO" OF N&MANDOM TORTH D�tt�lD ,6 gti0 0L 0 A A SSACHUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Rita Gonsalves 1501 Hearne Court Port Saint Lucia, FL 33452 Alfred Matthews 25 Brentwood Drive Peabody, MA 01960 **************************** DEC 22 1( 27 AM '9Z Petition #034-92 SUPPLEMENT 'DECISION The Board of Appeals held a Special Meeting on Friday evening, December 11, 1992 continued from hearings on December 8 and November 10, 1992 upon the application of Rita Gonsalves and Alfred Matthews. requesting a variation of Section 4.136, Paragraph 5A of the Zoning Bylaw so as to permit construction of a single family dwelling within the non -disturbance zone of Lake Cochichewick on the premises located at Lots 1 & 2 Great Pond Road. The petitioner was represented by Tom Neve, Professional Engineer and Professional Land Surveyor, of T.Neve Associates, Inc., 447 Old Boston Road, Topsfield, MA 01983 and Atty. Russ Bodnar. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on October 28 and November 4, 1992 and all abutters were notified by regular mail. The petitioner requested a variance of 160 ft. from the Town's Bylaw requirement of 250 feet, to build only 90 feet from Lake Cochichewick, which is the Town's reservoir. Lots in the immediate area are of similar size, shape and topography, however, the petitioner's lot has more wetlands on it. Also, all other developed lots in the immediate vicinity have structures that are situated on their respective lots significantly farther back from the Town's reservoir than 90 feet as proposed by the petitioner. The petitioner argued that wetlands on the back portion of the lot did not allow construction other than on the front of the lot. The petitioner stated that the road lying between the lot and the reservoir constituted a barrier to surface water run-off from the lot and that a detention pond to be dug at the front of the lot would collect surface water run- Ar un- OL_a- ny appeal sh;-ail be fi; A the C1 e, Jfrice` of tine 'Town NORTH OF 4i�eo agk0 A 9SSACHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Rita Gonsalves 1501 Hearne Court Port Saint Lucia, FL 33452 Alfred Matthews 25 Brentwood Drive Peabody, MA 01960 **************************** Dec 15 1034MA13Z Vpi0rAcGN/ Vv Petition #034-92 DECISION The Board of Appeals held a Special Meeting on Friday evening, December 11, 1992 continued from the 'December 8 and November 10, 1992 upon the application of Rita Gonsalves and Alfred Matthevs requesting a variation of Section 4.136, Paragraph 5A of the Zoning Bylaw so as to permit construction of a single family dwelling within the non -disturbance zone of Lake Cochichewick on the premises located at Lots 1 & 2 Great Pond Road. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on July 25 and August 1, 1992 and all abutters were notified by regular mail. Upon a motion by Mr. Pallone and seconded by Mr. Vivenzio, the Board, voted unanimously, to DENY the variance as requested. The Boards finds that no hardship is shown and the granting of this variance would derogate from the intent and purpose of Section 10, Paragraph 10.4 of the Zoning Bylaw. Dated this 15th day of December 1992. BOARD OF APPEALS Wi liam Su livan Vice-chairman off protecting the reservoir. However, seepage and over -flow from that pond would flow directly into natural drainage from the wetlands through a culvert under the road and directly into the reservoir. A financial hardship was also argued by the petitioner in its effort to develop the lot, however, it was pointed out that the petitioner had consulted with various individuals regarding the condition of the lot and the Town's Bylaws before purchasing the lot in 1988. Discussion was also had about the possible scaling back of the expanse of the proposed structure so as topermit its location farther back on the lot and away from the Town's reservoir, and to reduce the amount of disturbance of the natural land. Upon a motion by Mr. Pallone and seconded. by Mr. Vivenzio, the Board, voted unanimously, to DENY the variance as requested. The Boards finds that no substantial hardship is shown and that the granting of this variance would ..result in substantial detriment to the public good and nullify or substantially derogate from the intent and purpose of the -Zoning Bylaw. Dated this 22nd day of December 1992. BOARD OF APPEALS William J. u livan Vice-chairman TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE gust. 23.,....19. 91 Notice is hereby given that the Board oil Appeals will give a hearing at the Town Building, North Andover, on. . Tue s day. . . emening ........ the 10th day of ..September.......... . 19. .9.1, at7 : 30)'clock, to all parties interested in the appeal of Ri.ta.Gonsalves ..................................... requesting a variation of Qer- 4_1 3 6 Para IC ... of the Zoning By Law sous to permit.. building. a single. family - structure within .250'. ..of high. water mark of Lake. Cochichewick and -within. 10V horizontally. o.f. -vegitated metland area. .............................................. I ....... ........................... I .......................... on the premises, located at ... Lot.#I..Great.Pond.Road.... . ................................................. By Order of the Board of Appeals .Frank Serio, Jr., Chairman Publish in N.A.Citizen on Aug. 28 & Sept. 4, 1991 Bill to: Rita Gonsalves, 1501 Hearne Ct., Port Saint Lucie; FL 33452 al ..LEGAL NOTICE.' .TOWN OF NoFrrH ANDOVER BOARD OFAPPEALS NOTICE... "w" kgust23.1991, G w Est!6TINC. 6 W�1 � 1.- E_xI.r-7.1�Ex AXE FLA' v ' r O No T icE, A ccom pANY' OF -EN TENT W NO. ANoovF,P , JCA PR EPA FC E O FOR ITA G01VGAL-VE5eALF1?EDMATT9EW.5 SCALE AS N©TE 0 24- .SEP T, /9-9Z / G 14 o v. / �ONrnlc;, 01�5TRIC-T - R- I L- AKS �o�Hlch�E�VrcK IVATERf;HED A SS E S5 OR S MA /0 - l,J,c 35 0 30 6 90 /20 RE' FE /c E NcE FAL A/�t � / PL.AN OF L. Arno !N AIOR TH A&100VEER , "A O L\/"EC), Fa r 9 /C— P.A PA R 7-/ A I- E /'gE /�;,A,e E� B Y NIA► DATES A4ARG14 198!S . IV ,E. R.O PLAN-#- 10041 . 10L A/,J To A000A4PAN r NO TICE OF -N rEN7- rf NcIRTH ANOO vEfz, MA65. PREPAR!=,O 8r HAY -C-5 M�arN EE !N G, LNC. kVAKFE`eLC>, A4A ,::?ATEo zZ JuuE 195G TNoNfA5 E. N(EVE A:5s00/ATE5, ItvC. 44 7 n Pen ::::T/T �rvo,y1 7 �. !/11j H1 —�:7%�Y/V—;' y �' Iii/ int 7 7//`vi 3� �qlu wt t a 3ti Ow vi tk L�1 Q2 W i. 1. W04 2i ►.'�a � a U �x w ,� Z t 0 �rvo,y1 7 �. !/11j H1 —�:7%�Y/V—;' y �' Iii/ int 7 7//`vi �AL- dig a 4 7 W Q r V u � � o ,o J o LU 0 Q. W' V � J •. i o w . � J Ur 14 0.h ih f DEED Rita Gonsalves I i BK 6783 P6 3361 of 1501 Hearne Court, Port Saint Lucie, Florida in consideration of nominal (less than $100.00) jd► grant to Alfred Matthews, III of 25 Brentwood Drive, Peabody, Massachusetts with quitclaim covenants A certain parcel of land on the northerly side of Great Pond Road, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot #1 on a plan entitled "Plan of Land Located iaz North Andover, Mass., Owned by Richard F. Parziale", Scale 1"-50', dated March 1985, drawn by Merrimack Engineering Services, Andover, Mass., filed with North District of Essex Registry of Deeds as Plan #10041. Said Lot #1 is more particularly bounded and described as follows: NORTHERLY by land now or formerly of Angus Realty Trust, in two lines having a total length of one hundred fifty and no/100 (150.00) feet; EASTERLY by other land now or formerly of Richard F. Parziale, 3 being Lot #2 on said plan, three hundred nine and 97/100 (309.97) feet; SOUTHERLY by the northerly line of Great Pond Road, one hundred fifty and no/100 (150.00) feet; WESTERLY by land now or formerly of Joseph and Patricia Bartolotte, three hundred fifteen and 60/100 (315.60) feet. Containing 45,894 square feet of land according to said plan. I APR 18'02 PM2: LxwOwKmer FAUMSCLM 80SIMI.. 52 rQ 4,LV%-! 40 LzUBT G , - -tv; BonIf w1* 0150 8K 6783 PG 335 MORTGAGE DISCHARGE Rita Gonsalves holder of a mortgage from Alfred Matthews, IIT to Rita Gonsalves dated February 11, 1988 recorded with North Essex District County Registry of Deeds Book 2677, Page 74, acknowledge satisfaction of the same Property address: Great Pond Road North Andover, Massachusetts Witness my hand and seal this q �.� day of October, 1993. N► CC R A OOPMALVES STATE OF FLORIDA it ss. October 191(17' 1993 } Then personally appeared the above named Rita Gonsalves and acknowledged the foregoing instrument to be her free act and deed, before me:� NOTARY PUB My commission expires: � �iU.�� APR 18!02 PK2:46 -j6.#)V K4&lZ.r Lffi t.�,wetj x'114 Lots e6 G to b ��is �✓ l� ` ' �0 � �� d rve4j,�V"WIC ST OF PARTIES OF 'INTEREST SUBJECT PROPERTY 11MAP IPARCEL 1LOT (NAME ADDRESS 35 1 61&108 I !Alfred atth Rita Gonsalves -ABUTTERS) ., 4. 5, 6. 7 0 9. 1 1 2 3 4. 6. jMAP Ol. .� ,1 .I 1PARCEL !LOT NAN',E ADDRESS 35 I 61 1 Alfred Matthews _ III 125 Br I I IPeabod , MA 01960 35 1108 Rita1501 Hgarne Court I Port Saint Lucia, FL 3341: r 35 158 I Joseph & Patricia 11925 Great Pond Road 1 j^Bartolotta North Andover, MA 01845 35 ! 59 ! I Frank J. Ra onese 11939 Great Pond Road F.i 35 27 ! Angus Realty Cory. 1077-oscTood Street i f I c/o Butcher Boy Market No. Andover 35 L_1 I Lynn & Michael_ Seinberg 1149 nsgood qtree4- 35 1 94 1 William & Katherine 133 French Farm Road Stathos (North Andover 35 ! 93 1 Fred & Kathv Boucher 145 French Farm Road I I I 1 35 I 92 I Anthony& Patricia Long8 53 French Farm Road ! 35 91 i 1 Michael & Maureen 163 French Farm Road I 1 I I j Salach j 35 I 90 i , Neal & Nancy Shapleigh 175 French Farm Road 1 1 I I 35 I 44 I I Town of North Andover_ 1 35 I 28 1 I Town of North Andover 1 i. 35 I 21 1 ► Town of North Andover ! L o it p A �vr� LIST OF PARTIES OF INTEREST - .SUBJECT PROPERTY MAPPARCEL NAME ADDRESS LOT INAME ADDRESS 3 vI by, o'Y2 c 05 �Lccs� &lnd e o 1 Htne Cock,} 4 ABUTTERS t -e{ E1cfic4h MAP PARCEL LOT NAME ADDRESS 35 s f �a o H 5 l G r ect 'ltd by, o'Y2 c 05 �Lccs� ?�S S v G{ n W E l '7 Pk, i k Sr 5 L. f lAclw-,( L4!5 3� a o1q&O S G,lla&- jva k-1 0. 4,f/UCY III() -1/9 �,wop ATTACHMENT TO APPLICATION FOR SPECIAL PERI` I-1 LIST OF PARTIES IN INTEREST GREAT POND ROAD NORTH ANDOVER, MASSACHUSETTS Lot I June 26, lql(-') NAME AND ADDRESS Alfred Matthews, 25 Brentwood Avenue Peabody, MA 01960 1.013Rita Gonsalves 16-01 . /OaAr L Le C/� 53 Joseph J. & M. Patricia Bart6latta /7(j Xl 14. G7 JVO 0 LI/ 417- 'ZI 59 Frank J. Ragonese /20 /'} j n/0 27 Angus Realty Corp. C/,C, M q! o-7 /V. Dante! A. & Joanne E. McCarthy )/MI5 0576�)CV 57' /'-10 , /�L "V tb L/ j j 7 Lynn S. Tinberg 101'E'L S r � I A) 'd �-K a C> 16- 0 �AA). 7 Sophie F. Hapiley Ll 141 Y1:- Z -- Ralph D. Patricia Ann Goff. r2 / F L -:-IV c(74 rr}l U, Li /Z,) /)Q AJD //,c) U, William G. & Katherine Stathos 33 P1421I� 110,4-12 IV0, Fred L. III & Kathy A. DouchQi- C // '/ -7 /z0 Pr /') /V 0 i -1 -Al'() J. �. Patricia A. Longo Si 'CIZE-Xlcll 14)t1d /VC), Michael J. 11 & Maureen R. Sajacl-I �3 r,-ZCAICI� rQZ� ,fj Neal R. & NancY E. Shapleigh Paul E. Alexander m L) t AILl) 41 t/ AC) AC) /--/Z L:-Iu/ C/-rL AID ZIOPh i and kl-, f 2 rz V;z a xojuij Simone A".0. 41V 0(,/,�7 /v 0 Wi I I i n G:vori C t 1-, 0 ) r I C) d o v cz� r. 1 vJ'A' IL NO, own n C; a o r* a r, n rg c Ve F- r) n c j Of -Nor*U1 (7; rl...; Town L C) -1 LA u SCALE 200 r . . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO n'r Tr 11-1 Tf7+ .... October ..23, ..19.92. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday. evening ....... the 10th day of ... Novembe.r.. . 19. 92 , at7: 30DIclock, to all parties interested in the appeal of Rita Gonsalves .................................... requesting a variation of See. .4...136, . Para.. .5A of the Zoning By Law so as to permit.. construction .of . a. single . fami•ly dwelling.within.the.non-dsturbance.zone..of.Dake. Cochi.chewick......................................... on the premises, located at. Lot. 108.,. Map . 5 Great .Pond. Road By Order of the Board of Appeals Frank Serio, Jr. Chairman Publish in the N. Andover Citizen on Oct. 28 & Nov. f4, 1992. LEGAL MOTEEY 70 BOARDOFAPPEALS tl4TICE t. October 23,1992 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building. North Andover, on Tuesday evening the 10th day of November 1992, at 7:30 o'clock, to all parties inter- ested in the appeal of Rite Gonsalves requesting a variation of Sec. 4.136, Para. 5A of the Zoning By Law so as to Permit construction of a single family dwelling within the non -disturbance zone of Lake Cochichewick on the premises, located at Lot 106, Map 5 Green Pond Road. By Order of the Board of Appeals . Frank Serio, JL, Chairman NAC:10/28 & 11/4/92 LEGAL NOTICE BOARD OF APPEALS NOTICE October 23,1992 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 10th day of November 1992, at 7:30 o'clock, to all parties inter- ested in the appeal of Rita Gonsalves requesting a variation of Sec. 4.136, Para. 5A of the Zoning By Law so as to permit construction of a single family ,dwelling within the nondisturbance zone of Lake Cochichewick on the premises, located at Lot 106, Map 5 Great Pond Road. By Order of the Board of Appeals Frank Sera, Jr., Chairman NAC: 10/28 8 1114/92 inter -office correspondence Any appeal shall be filed within (20) dads after the date of fli','ng of ti;is Notice in the Office of the Town Clerk. NORTH O� TIED 6 qHO 3� ytz a OL A 41 1 DHS TE D 'QP `'(y �9SSACHUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Rita Gonsalves 1501 Hearne Court Port Saint Lucia, FL 33452 Alfred Matthews 25 Brentwood Drive Peabody, MA 01960 **************************** REGrI'�Et) TL`"i` C: tzun' i OVER OEC 15 1034V T Petition #034-92 DECISION ILI The Board of Appeals held a Special Meeting on Friday evening, December 11, 1992 continued from the 'December 8 and November 10, 1992 upon the application of Rita Gonsalves and Alfred Matt --hews requesting a variation of Section 4.136, Paragraph 5A of the Zoning Bylaw so as to permit construction of a single family dwelling within the non -disturbance zone of Lake Cochichewick on the premises located at Lots 1 & 2 Great Pond Road. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on July 25 and August 1, 1992 and all abutters were notified by regular mail. Upon a motion by Mr. Pallone and seconded by Mr. Vivenzio, the Board, voted unanimously, to DENY the variance as requested. The Boards finds that no hardship is shown and the granting of this variance would derogate from the intent and purpose of Section 10, Paragraph 10.4 of the Zoning Bylaw. Dated this 15th day of December 1992. BOARD OF APPEALS William Sullivan Vice-chairman nnY gal Ca ;;dice o L 140 a 3.4►�°��rd . r f F• APRIL7A f 183s i � i '►,ssgceu9�',1' rrrt�vaaa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION OEC 15 10 34 Al `92 Date ..December 15, 1992 ................. Petition No.....Q34-92............ Date of Hearing. .Noyemb.ez .10,..1.9.92 December 8, 1992 Petition ofDe c emb e. r 11, 19 9 2 .... Rita .Gonsalves .and. Alfred.Mat.thews................................... . premises affected Lots 1 & 2 Great Pond.Ro...ad ......................................... Referring to the above petition for a variation from the requirements of IW. Sect ion . 4.13.6., Paragraph . 5A. of..the . Zoning .Bylaw...... . so as to permit . construction ,of . a, single , family ,dwelling ,within .the, non -disturbance zone of Lake Cochichewick. ....................................................................................... After a public hearing given on the above date, the Board of Appeals voted to .. ,DENY, .... the .variance. ............................. i �1 e X i3 3 eGEii�;X� Bi g $ii Ye X��1aX Signed .......William .Sullivan, .Vice -.chairman. . .......Raymond .Viyenz o . ................ . .......John. P.alione..................... .....Rober.t. F.ord.................... . ................................. Board of Appeals A .c NORTH OF 4i�ED ,,6 q40 OL O DA4 TED 'pP `•(� SAG 1H TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Rita Gonsalves 1501 Hearne Court Port Saint Lucia, FL 33452 Alfred Matthews 25 Brentwood Drive Peabody, MA 01960 **************************** DEC K 11 27 Petition #034-92 SUPPLEMENT DECISION The Board of Appeals held a Special Meeting on Friday evening, December 11, 1992 continued from hearings on December 8 and November 10, 1992 upon the application of Rita Gonsalves and Alfred Matthews requesting a variation of Section 4.136, Paragraph 5A of the Zoning Bylaw so as to permit construction of a single family dwelling within the non -disturbance zone of Lake Cochichewick on the premises located at Lots 1 & 2 Great Pond Road. The petitioner was represented by Tom Neve, Professional Engineer and Professional Land Surveyor, of T.Neve Associates, Inc., 447 Old Boston Road, Topsfield, MA 01983 and Atty. Russ Bodnar. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on October 28 and November 4, 1992 and all abutters were notified by regular mail. The petitioner requested a variance of 160 ft. from the Town's Bylaw requirement of 250 feet, to build only 90 feet from Lake Cochichewick, which is the Town's reservoir. Lots in the immediate area are of similar size, shape and topography, however, the petitioner's lot has more wetlands on it. Also, all other developed lots in the immediate vicinity have structures that are situated on their respective lots significantly farther back from the Town's reservoir than 90 feet as proposed by the petitioner. The petitioner argued that wetlands on the back portion of the lot did not allow construction other than on the front of the lot. The petitioner stated that the road lying between the lot and the reservoir constituted a barrier to surface water run-off from the lot and that a detention pond to be dug at the front of the lot would collect surface water run - off protecting the reservoir. However, seepage and over -flow from that pond would flow directly into natural drainage from the wetlands through a culvert under the road and directly into the reservoir. A financial hardship was also argued by the petitioner in its effort to develop the lot, however, it was pointed out that the petitioner had consulted with various individuals regarding the condition of the lot and the Town's Bylaws before purchasing the lot in 1988. Discussion was also had about the possible scaling back of the expanse of the proposed structure so as to.permit its location farther back on the lot and away from the Town's reservoir, and to reduce the amount of disturbance of the natural land. Upon a motion by Mr. Pallone and seconded by Mr. Vivenzio, the Board, voted unanimously, to DENY the variance as requested. The Boards finds that no substantial hardship is shown and that the granting of this variance would result in substantial detriment to the public good and nullify or substantially derogate from the intent and purpose of the Zoning Bylaw. Dated this 22nd day of December 1992. BOARD OF APPEALS William J. u livan Vice-chairman 310 CMR 10-29 Form 5 .- Commonwealth .0j Massachusetts ^J ..c -O ER .� 112 EP Fite mm DEC � 84v �tt� 242-626 (To to oron. m cr OEPI Gey Town North Andover aoaiicant Rita Gonsal yg Alfred Matthews Lots 1 & 2 Great Pond Road Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover Conservation To Rita Gonsalves & AlfrPrl Matthews Same (Name of Applicant) 1501 Hearne Ct. 25 Brentwood Ave. AddressSt.Lucia, FL 33452 PPabntjv_ MA nlgdpress This Orcer is issued and delivered as follows: (Name of property ownerl ❑ by hand delivery to aopiicant or representative on (date) ❑ by certified mail. return receipt requested on This oroiect is located at T ntc 1 & 7 GreAt PnVA R@&d The arooerty is recorded at the Registry of Deeds, North Boo -Page 72 Certificate (if registered) i (date! The Notice of Intent for this project was filen on Se i tember 29, 1992 (date) The oublic nearing was closed on November 4, 1992 (date) Findings The NAC. C. has reviewed the above -referenced Notice of Intent anc clans anc nas nets a pu0fic nearing on me =;eCt. Based on the information avaiiaote to the NACC at this time. the NACC has determined that the area on wntcn the or000sed work is to be done is significant to the following interests in accoroance'with the Presumptions of Sionificance set forth in the reguiaaons for each Area Subject to Prate_ton Uncer the Act tC:ecx as aDDroonate): Ch.178 ❑ Prevention of erosion and sedimentation M Pubic water suoPiy ❑ Flood control C2 (,and centaining shellfish [:Private water suopty ❑ Storm carnage orevention ❑ Fisheries ❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat Ch. 178 C1 Wildlife Ch.171O Recreation Total Fiing l=ee Submitted State Share CityrTown Share $137.50 ('/•_ fee in excess cf S25) Total Refund Due S . City/Town Portion S State Portion S (1/2 total) (1/2 total) 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 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. The NACC would like to clearly state that this Order of Conditions is not to be interpreted by the Applicant, or any other public board, as an endorsement of this project or an acceptance of its environmental impact. The NACC feels strongly that projects of this kind will have a negative cumulative impact in the public water supply. For this reason, the NACC fully supports the authority granted to the Planning Board and the Zoning Board of Appeals in their review of this project under the North Andover Zoning Bylaw. As the Special Permit Granting Authority under the Zoning Bylaw, the Planning Board has greater authority to review and possibly deny such projects located in the Lake Cochichewick Watershed. We hope the Planning Board will utilize the full extent of the authority available to it when reviewing this project. GENERAL CONDITIONS 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. This 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, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order. 5. 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 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency #242-62.6 Lots 1 & 2 Great Pond Road 3 proceedings and hearings before the Department. 7. The proposed work includes single family home within the buffer zone. 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): (a) Notice of Intent filed by Rita Gonsalves and Alfred Mathews. (b) Plans prepared by Thomas E. Neve Associates, Inc. on 9/24/92. 9. The following wetland resource area is affected by the proposed work: buffer zone, bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated September 24, 1992. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. 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. PRIOR TO CONSTRUCTION 13. 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. 14. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North #242-626 Lots 1 & 2 Great Pond Road 4 Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 15. 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 Department of Environmental Protection, File Number 242-626". 16. 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. 17. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 18. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 19. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 20. A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on plans and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented #242-626 Lots 1 & 2 Great Pond Road 5 at the direction of the NACC. 21. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty-five (25) 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. 22. A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $5,000.00 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 before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. 23. Prior to obtaining a building permit, the applicant will record 3 separate permanent deed restrictions on these lots: (a) A deed restriction which will prohibit the use of fertilizers, pesticides -or herbicides of any kind. (b) A deed restriction prohibiting development, grading, removal or alteration of vegetation on lot 2 and all portions of lot 1 outside the line shown as "limit of work" on the submitted plans referenced in condition #8. (c) A deed restriction will be placed on Lot 1 limiting the size of the lawn to the area bounded by the "limit of work" line. DURING CONSTRUCTION 24. Upon beginning work, the applicant shall submit written progress reports every one (1) month detailing what work has been done in or near resource areas, and what work is anticipated'to be done over the next period. This will update the construction sequence. 25. 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 of any of the foregoing. #242-626 Lots 1 & 2 Great Pond Road 26. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 3 27. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 28. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 29. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 30. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 31. 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. 32. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 33. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 34. 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. #242-626 Lots 1 & 2 Great Pond Road AFTER CONSTRUCTION 35. 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. 7 36. 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. 37. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 23. Deed restrictions 34. Discharge or spillage of pollutants. 35. Prohibition of storage of fuels underground. Rita Gonsalves 1501 Hearne Court Port Saint Lucie, FL Dear Applicant: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 33452 Date: October 28, 1992 Enclosed -is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 6.38 for the following: Filing Fee $ Postage $ 6.38 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS 4&;6� Linda Dufresne, Clerk o AAP S v • Q 3 V u a J � v J � Qi V � w yr o AAP S L v ' W Q Z ~ V u Q O 'o v J � �U . W' �7 n ' � W i 10 q W J � 0 or Recei"we0 by Town Clerk. °�''°'•'"° Dates = TOWN OF NORTH ANDOVER, MASSACHUSETTS _ BOARD OF APPEALS Time . SACHust Notice: This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Rita Gonsalves Address 1501 Hearne Court 1. Application is hereby made Port Saint Lucia, FL 33452 Oa For a vari ance from the requi rements of Secti ori-:. -Y Paragraph --6f— and, Table of the- Zoning By - Laws. - (b) For a Special Permit under Section Paragraph of the Zoning By - Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land and building(s) numbered Street. 7. Description of relief sought on this petition To construct a residential building within the non-distrubance zone of LakP Coc-hirhewir.k 8. Deed recorded in the Registry of Deeds in Book 2677 Page 72 or Land',Court Certificate No. Book Page Dh:�`i l;,lrJ�O bo Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of Great Pond Road .,.and known as No. Lot 108&_Lot-__61 Maps Great PondRoad. ®c Premises affected are in Zoning District R-1 and the premises affected have an area of 94,094 totalsquare feet and frontage of 30.0 total square feet. 3. Ownership a® Name and address of owner (if joint ownership, give all names): 1.. Rita Gonsalves. __1501._Hearn_e=_Ct_._, Port Saint Lucia, FL 33452 • Alfred Matthews, 25 Brentwood Dr., Peabody, MA 01960 Date of purchase 2/12/88 Previous- Owner' Michael Parzaile (b) If applicant is not owner, check his interest in the premises: Prospective Purchases. _ Lesee.. Other (explain) 4. Size of proposed building: 80' front; 30' feet deep; Height: 2 stories; 35+ feet. (a) Approximate date of erection: Spring 1993 (b) _Proposed Occupancy or use of each floor: Residential (c) Type of construction: Wood Frame Structure 5. Size of existing building: none feet front; feet deep; Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? 7. Description of relief sought on this petition To construct a residential building within the non-distrubance zone of LakP Coc-hirhewir.k 8. Deed recorded in the Registry of Deeds in Book 2677 Page 72 or Land',Court Certificate No. Book Page Dh:�`i l;,lrJ�O The principal points upon which I base my application are as follows: (Must be.stated in detail) The proposed site development shall be done in such a way as to prevent any pollution of the Lake. A Proposed stormwater retention area shall filter out contaminants and infiltrate.runoff. All Conservation buffer zone have been established and all erosion ' control measures have been included in the design. I agree to pay for advertising rM ws Sec. 1 APPLICATION FORM r end incidental expenses* Petitioner's Siqnature Every application for action by the Board shall be made on a form approved by the Board. -These-'forms shall be furnished by the clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation 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 list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the c'ity or town, and the Planning Board of every abutting city or town. * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shal 1 i ncl ude _mai 1 i ng and publ i cat -i on ,.-.but -- — are --not necessa-r1l limitedto these. LIST OF PARTIES IN INTEREST Name Mr. and Mrs. Joseph Bartolotta Frank Ragonese Angus Realty Corp. c/o Butcher Boy Fred and Kathy Boucher Mr. and Mrs. Anthony Longo Mr. and Mrs. Michael Salach Mr. and Mrs. Neal Shapleigh Simone T. Marchand William Yameen, et al Town of N. Andover Address 1925 Great Pond Rd. 1939 Great Pond Rd. 1077 Osgood Street 45 French Farm Rd. 53 French Farm Rd. 63 French Farm Rd. 75 French Farm Rd. 1881 Great Pond Rd. 71 Plymouth St., Seabrook, NH 120 Main St., N. Andover (Use additional sheets if necessary) Recet-ie'd by' Town Clerk: +°;••�•;•'y, 0 Datez TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD- OF APPEALS •�-y--=� • Time ". �•. ;'a��cNust�' Notice: This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Rita Gonsalves Address 1501 Hearne Cour 1. Application is hereby made Port Saint Lucia, FL 33452 For a variance from the requirements of Section 4.135 Paragraph 6C and- Table of the- Zoning By-Laws..... (b) For a Special Permit under Section Paragraph of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land and building(s) numbered - Street. (b) Premises affected are property.with frontage on the North (X ) South ( ) East ( ) West ( ) side of Great Pond Road - ,.and known as No. Lot 108& 'Lot -_61 MaplS Great Pond Road. c� Premises affected are in Zoning District R-1 , and the premises affected have an area of 94,094 tota•lsquare feet and frontage of 30.0 total square feet. 3. Ownership a (Jame and address of owner,(if joint ownership, give all names): 1. Rita Gonsalves, __1501._Hearn_e__Ct;_, Port Saint Lucia, FL 33452 • Alfred Matthews, 25 Brentwood Dr., Peabody, MA 01960 Date of purchase 2/12/88 Previous Owner Michael Parzaile (b) If applicant is not owner, check his interest in the premises: 8. Deed recorded in the Registry of Deeds in Book 2677 Page 72 or Land'Xourt Certificate No. Book Page I Prospective Purchases., Lesee.. Other (explain) _4. Size of proposed building: 80' front; 30' -Height: feet deep; 2 stories; 35+ feet. (a) Approximate date of erection: Proposed Spring 1993 (b) Occupancy or use of each floor: Residential (c) Type of construction; wood Frame Structure 5. Size of existing building: none feet front; feet deep; Height: stories;. feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal , under zoni ng, on If these premises -?—Nd--"`— -- so, when? 7. Description of relief sought on this petition To construct a residential building within the non-distrubance zone of rake rnchirht-wirk 8. Deed recorded in the Registry of Deeds in Book 2677 Page 72 or Land'Xourt Certificate No. Book Page I Ij The principal points upon which I base my application are as follows: (Must be .stated in detail) The proposed site development shall be done in such a way as to _—Prevent any pollution of the Lake. A Proposed stormwater retention area shall filter out contaminants and infiltrate.runoff. All Conservation buffer zone have been established and all erosion control measures have been included in the.design. I agree to pay for advertising wsp er and i dental expenses* titioner's Signature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. -These-'forms shall be furnished by the clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on'the official application form. All in- formation 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 list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the c'ity or town, and the Planning Board of every abutting city or town. * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include ailin io.n.._but ar-e–root necessarTly 1 imi e o t ese. LIST OF PARTIES IN INTEREST Name Mr. and Mrs. Joseph Bartolotta Frank Ragonese . Angus Realty Corp. c/o Butcher Boy Fred and Kathy Boucher Mr. and Mrs. Anthony Longo Mr. and Mrs. Michael Salach Mr. and Mrs. Neal Shapleigh Simone T. Marchand William Yameen, et al �. Town of N. Andover Address 1925 Great Pond Rd. 1939 Great Pond Rd. 1077 Osgood Street 45 French Farm Rd. 53 French Farm Rd. 63 French Farm Rd. 75 French Farm Rd. _1.$8.1 Great. Pond Rd_ 71 Plymouth St., Seabrook, 120 Main St., N. Andover (Use additional sheets if necessary) NH i ago 00 �loop 00 to 1�, I co LL O - _ cit rl) R � W 4 ; k M , 14 0.� 21 r i d OM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 12th day of April 19_ 4 , at 7:30 o'clock, to all parties interested in the appeal of Rita Gonsalves requesting a variation of Sec. 4,,Para�ranh 4.136 (5a-2,4&5) of the Zoning By Law so as to permit construction of a residential building 100% within the non -disturbance zone of Lake Cochichewick on the premises, located at Lots 61 & 108 Great Pond Road By Order of the Board of Appeals Frank Serio, Jr., Chairman Eagle Tribune Publish in the WMWWaYEjlX)LKNI�& on March 29 & April 5, 1994 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) d(3vs after date of :ice in the Office Oi ill2 I o'..;Vn Date.. May .20, . 1994..... . Petition No.... Q1779.4 ....... _ ... , Date of Hearing .. May. 10 , 19 9 4 Petition of ..... Rita Gonsalves .................................................................... Premises affected Lots. 6.1. A .108. Great . Pond..Road ............. Referring to the above petition for a variation from the requirements of thC. Se.ction. 4....... Para.graph.4.1.36.(5A7-2.,.4&5)of..the.Zoning.Bylaw.................................... so as to permit construction. of. a. residentail .building .100%. within. th.e..non-dis.turbance zone. .of. Lake..Cochich.ewick........................................................... After a public hearing given on the above date, the Board of Appeals voted to .. DENY...... the decision of the Planning Board dated May 3, 1994 .variance on the grounds .of . the .. XXdXt(Ore)§XXWXftXkMXgwAkoiiddngXk=XtMx4XAKMXR to DENY the Repetitive Petition. pffma"K �x��►�x�x�x�xx��x Signed _. Frank Serio, Jr., Ch rman „ William Sullivan., Vice-chairman . _ .Walter. Squle, . Clerk ...... . Robert. Ford.. John. P.allone............ .. Board of Appeals 4O.4 _7 A1m85LT5n a ; ss u t E 9 J�i ►�aj ACHll4 �, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) d(3vs after date of :ice in the Office Oi ill2 I o'..;Vn Date.. May .20, . 1994..... . Petition No.... Q1779.4 ....... _ ... , Date of Hearing .. May. 10 , 19 9 4 Petition of ..... Rita Gonsalves .................................................................... Premises affected Lots. 6.1. A .108. Great . Pond..Road ............. Referring to the above petition for a variation from the requirements of thC. Se.ction. 4....... Para.graph.4.1.36.(5A7-2.,.4&5)of..the.Zoning.Bylaw.................................... so as to permit construction. of. a. residentail .building .100%. within. th.e..non-dis.turbance zone. .of. Lake..Cochich.ewick........................................................... After a public hearing given on the above date, the Board of Appeals voted to .. DENY...... the decision of the Planning Board dated May 3, 1994 .variance on the grounds .of . the .. XXdXt(Ore)§XXWXftXkMXgwAkoiiddngXk=XtMx4XAKMXR to DENY the Repetitive Petition. pffma"K �x��►�x�x�x�xx��x Signed _. Frank Serio, Jr., Ch rman „ William Sullivan., Vice-chairman . _ .Walter. Squle, . Clerk ...... . Robert. Ford.. John. P.allone............ .. Board of Appeals U is 4t r t _ '.,_ 6 j l j�' '„r R MAY ZO 1 43 N '54 TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall he filed within (20) after date of fi!n�l ;T - the Office of -7 To�,ri :irk. BOARD OF APPEALS ******************************* * Rita Gonsalves * DECISION 1501 Hearne Court Port St. Lucia, FL 33452 * Petition #017-94 * ******************************* The Board of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Rita Gonsalves requesting a variation of Section 4, Paragraph 4.136 (5A-2,4&5) of the Zoning Bylaw so as to permit construction of a residential building 100% within the non -disturbance zone of Lake Cochichewick on the premises located at Lots 61 & 108 Great Pond Road. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Jr., Vice-chairman, Walter Soule, Clerk, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on March 29 and April 5, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Ford and seconded by Mr. Soule, the Board voted unanimously to DENY the variance on the grounds of the decision of the Planning Board dated May 3, 1994 to DENY the Repetitive Petition. Dated this 20th day of May 1994. BOARD OF APPEALS j4i�_ zz. Frank Serio, Jr Chairman t Received by Town Clerk: DANIE't. LOiNG TDrIf. C' 6iK NORTH A:,'0 VER LIAR ZZ 9 40 All 1% TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDCE Hearne Court Applicant Rita Gonsalves Address Port St. Lucia, FL Tel. No. 1. Application is hereby made: a) For a variance from the requirements of Section 4 Paragraph7r and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered Street. b) Premises affected are property with frontage on the North (X) South ( ) East ( ) West ( ) side of Great Pond Road XX999f. Street, and known as No. Lots 61 & 108 on Map 35 Street. 33452 C) Premises affected are in Zoning District R-1 , and the premises affected have an area of 94,094 square feet and frontage of 300totafeet. total 3. Ownership: a) Name and address of owner names): Rita Gonsalves Alfred Matthew Date of Purchase 2 (if joint ownership, give all (see address above) 25 Brentwood Dr., Peabody 01960 B Previous Owner Michael Parzaile b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: 80'front; 30' feet deep; Height 2 stories; 35 feet. a) Approximate date of erection: Summer 1994 b) Occupancy or use of each floor: residential C) Type of construction: Wood frame structure 5. Has there been a previous appeal, under zoning, on these premises? Yes If so, when. 12/22/92 !Supplement Decisio 6. Description of relief sought on this petition To construct a residential buildinj4ithin the non -disturbance zone of Lake Cochichewick. foo % 2677 Page 72 7. Deed recorded in the Registry of Deeds in Book q 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 site development shall be done in such a way as to prevent any pollution to the Lake. A proposed stormwater retention area shall filter out contaminants and infiltrate runoff- All Conservation buffer zones have been established and all erosion control measures have been included in the design. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Poitioner(s) Every application for action by the Board shall be made on a form approved by the Board. . These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until 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 of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will. be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/03 1. 2. 3. 4. 5. 6, 7, 8. 9 l( l 2 3 4 5 0 IST OF PARTIES OF 'INTEREST SUBJECT PROPERTY( !MAP (PARCEL LOT (NAME ADDRESS 35 61&108 Alfred atth Rita Gonsalves :;ABUTTERS ±. �hgAp (PARCEL (LOT NAP,�E T ADDRESS 35 61 Alfred Matthews;– III 125 Bre-n:Lwood Ave. I Peabod , MA 01960 35 1 1 1501 H rt Port Saint Lucia, FL 334 2 1 35 1 58 I Joseph & Patricia Bartolotta 1925 Great Pond Road jNorth Andover, MA 01845 35 59 I Frank J. Ra onese 1939 Great Pond Road I 35 1 27 I Angus Realty Corp. 1077 -Os oo Street i I I c/o Butcher Boy Market No. Andover 3 j17I I Lynn & Michael_ Seinberg 1 I 35 194 ( I William & Katherine 133 French Farm Road I Stathos 1North And v r 35 i 93 I I Fred & Kathv Boucher 145 French Farm Road I I I 5 92 1 I Antho v & Patricia Lon d 53 French Farm Road II. 35 I 91 I Michael & Maureen 163 French Farm Road I j Salach 1 �-35 1 90 I Neal & Nancy Shapleigh 175 French Farm Road I I I 35 I 44 I I Town of North Andover- ndover35 35 I 28 I I Town of North Andover j 35 21 I Town of North Andover I I 35 22 I Town of North Andover I I i M 1 I qimone M I A+ I 1 I I I' I _ I SECTION 16. Repetitive Petitions No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall 2 Year Time Period be acted favorably upon within two years after the date of final unfavorable action unless said special Permit granting authority or permit Finding by Granting granting authority finds, by a unanimous vote of a Authority board of three members or by a vote of four members of a board of five members or two-thirds vote of a board of more than five members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the Planning Board Consent members of the planning board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. Petition may be Withdrawn Any petition for a variance or application for a Without Prejudice Prior special permit which has been transmitted to the to Notice of Hearing permit granting authority or special permit granting authority may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the special permit granting authority or permit granting authority. Added by St. 1975, c. 808, S. 3. 16 - 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Rita Gonsalves 1501 Hearne Court Port St. Lucia, FL 33452 Date: Marchi 30, 1994 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 5.51 for the following: Filing Fee $ Postage $ 5.51 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS A �/_ /J'P�� Linda Dufresne, Clerk I TOWN OF NORTH ANDOVER;.`` MASSACHUSETTS Any appeal shall be filed within (20) days after the date of filing of this Notice in the Off ice of the Town Clerk. f NORTIy 1 3r 0 '�,.�o .•� O O � F � A t ,SSACMUSEj NOTICE OF DECISION �'AY 3 4 23 N !A Date .. May. .. 1994 ............... . Date of Hearing April 19..1994 .... Petition of Rita. Gonsalves• &• Alfred Matthews . • • . • • • • .. • . • • • , . • • • • . • . • ... • . Premises affected , , Lots 61 & 108 Great .Pond •Road • • • . Referring to the above petition for a special permit from the requirements of the .North Andover •Zoning .Bylaw • •Section .10.•8 . •Repetitive .Petition • .. • • . so as to permit .reconsideration .to• address .any . specific. and. material' changes . in conditions which the previous unfavorable action was based. ........................................................................... :after a public hearing given on the above date, the Planning Board voted t0 . DENY ........... the ..FEPETITIVE.PETITION................................... cc: Director of Public Works Building Inspector Conservation Adminsitrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions: Signed ial� // Joseph, ,. . Mahoney,ViceChairman.. Richard Rowen, Clerk ................................ John Simons ................................ John Daghlian................. . . . . . .planning• • B oard . . . . . . . . KAREN H.P. NELSON Director BUILDING CONSERVATION HEALTH PLANNING f NORiy r .,... Town of a NORTH ANDOVER ,ss�c"u0E`. DIVISION OF PLANNING & COMMUNITY DEVELOPMENT Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: May 3, 1994 120 Main Street, 01845 (508) 682-6483 Re: Repetitive Petition Lot 61 & 103 - Great Pond Road The North Andover Planning Board held a public hearing on April 19, 1994, in the Town Building, Library Conference Room, upon the application of Rita Gonsalves and Alfred Matthews, pursuant to M.G.L. Chapter 40A, Section 16, Repetitive Petition and Section 10.8 of the North Andover Zoning Bylaw. The legal notice was duly advertised in the North Andover Citizen on March 31 and April 7, 1994 and all parties of interest were properly notified. The following Board members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and John Daghlian. The request for reconsideration is to address any specific and material changes in conditions which the previous unfavorable action was based on by the North Andover Planning Board. Mr. Rowen read the legal notice to open the public hearing on the repetitive petition. Mr. Mahoney asked what are the specific and material changes in the conditions upon which the previous unfavorable action was based. Mr. James Bourgeois, Thomas E. Neve Associates, was representing Rita Gonsalves and Mathews. He told the Board that it was the same proposal, however, circumstances have changed because they went before the Conservation Commission with a different plan. The Conservation Commission rejected the revised plan. Mr. Mahoney read Chapter 40A Section 16 and asked what specific and material changes have been made. Mr. Bourgeois stated that there was no change in the actual plan, but a change in the circumstances. Page 2: Geat Pond Road Lots 61 & 108 Mr. Rowen commented on the applicant coming back with the exact same plan. He asked Mr. Bourgeois again "What is the specific and material change?" Mr. Mahoney stated that the location is so sensitive being on the edge of the lake, no change in the plan, he cannot support it. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to close the public hearing. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted unanimously they do not find any specific and material changes in the conditions and therefore denies the request for a repetitive petition. The applicant was asked to withdraw the special permit application. Mr. Bourgeois stated that the applicant withdraws the application for a Special Permit. The Planning Board accepted the withdrawal without prejudice. Sincerely, North Andover Planning Board ,;Ad oseph Mahoney, Vice Chairman cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Lots 61 & 108 Great Pond Road Repetitive Petition [Mass. Gen. L. ch. 40A, section 16] The Planning Board herein denies the repetitive petition requested by Rita Gonsalves, 1501 Hearne Court, Port Saint Lucia, FL 33452, dated March 22, 1994. Findings The Planning Board makes the following findings as required by Mass. Gen. L. ch. 40A, section 16: 1. On February 2, 1993, the Planning Board denied a special permit request to construct a single family home within the non -disturbance zone of the Lake Cochichewick Watershed Protection District. 2. On March 22, 1994, less than two years from the date of the prior denial, the applicant requested that the Planning Board review the same special permit request previously submitted. 3. On April 19, 1994, at a duly noticed public hearing, the applicant presented the same plan that had been denied in 1993. 4. Under Mass. Gen. L. ch. 40A, section 16, no application which has been unfavorably and finally acted upon by the special permit granting authority shall be acted favorably upon unless said special permit granting authority finds specific and material changes in the conditions upon which the previous unfavorable action was based. 5. The denial of the special permit in 1993 was based upon the fact that the site is located within the non -disturbance zone of the Lake Cochichewick Watershed Protection District. 6. The applicant was unable to demonstrate any specific and material changes in this condition as this site is still within the non -disturbance zone of the Lake Cochichewick Watershed Protection District. Conclusion The Planning Board hereby denies the applicant's request for a repetitive petition as the applicant did not demonstrate any specific and material changes in the conditions upon which the previous unfavorable action was based. CC. Applicant Assessors Board of Appeals Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Agent Police Chief Lot61/108GreatPondRoad MUM HUI R91— TOWN OF NORTH ANDOVE �r'#J'7 MASSACHUSETTS MOP, Tf! Any appeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. NORrN o� A • s ,SS�CHu5E1 NOTICE OF DECISION MAY 3 4 23 'P41 '9q . Date .. May. 3:. 1994 ........... ... . Date of Hearing April_ 19,. 1994... Petition Of .. Rita Gonsalves & Alfred Matthews .. ' . • .. • • .. + • • . • . • .. • ... • ..... . Premises affected LOTS 61 & 108 Great Pond Road ........................................................... Referring to the above petition for a special permit from the requirements of the , ..North +Andover .Zoning .Bylaw . .Section 4.136, •Paragraphs +2 :4 : +& • 5. • . so as to permit .. the . construction .of.a. single , family • dwelling • within. the •.... non -disturbance zone of Lake Cochichewick ........................................................................... After a public hearing given on the above date, the Planning Board voted ACCEPT WITHDRAWAL WITHOUT PREJUDICE. to ................the........................................................ based upon the following conditions: cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Signed Assessors Joseph'Mahoney, Vice Chairma Police Chief ................................ Fire Chief Richard Rowen, Clerk Applicant ................................ zngineer John Simons File ................................ Interested Parties John Daghlian ................................ ........ planningBoard........ �, t LFGAL NOTKE TOWN NORTH ANDOVER BOAR NO TACE EAS August 23, 1991 Notice is hereby given that the Board of Appeals will give a hearing at the Toho Budding, S North Andover, of September evening to all parties interested in the on Tuesday o-clock, a variation of 1991, at 7:30 O,�elves requesting appeal of R'ds of the Zoning By Law so as to $eC_ 4.136, Para 7C a single family structu ick and within permit building chichew stated wetland area. on the of high water mark of Lake 10p horizontally of vegLot ardot Appeals premises, located atBy O der 01 he Bo Road. Frank Serio, Jr., NAC: 8/28.914191 LEGAL NOTICE ' TOWN pF NORJH ANDOVER h.' BOARD OF APPEALS _ NOTICE Notice Is hereby given that the board August 23, 1991 give a hearing at the Town Building, Appeals will on Tuesday evening the 10th day of September e. 1991, at 7Sp O'clock, to all parties interested in the appeal of Rite Ganealy" requesting a variation of Sec. 4.138, Para. 7C of the Zoning By Law so as to °permit building a single family structure within s to of high Water mark of Lake Cochichewick and within G100' horizontally of vegetated wetland area, on the P!9111 -s. located at Lot #1 Great Pond Road. By Order of the Board of Appeals NAC: 828, 9/4/91 Frank Serio, Jr., Chairman I 0 `�O. Mnar+ lam TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ....August. 23.,....19. 91 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ...Tuesday.. . ev.ening........ the 10th day of ..September.......... . 19..9.1, at7 : 30a'clock, to all parties interested in the appeal of Rita .Gonsalves ...................................... requesting a variation of Sec. .4...136 . Para .7C ... of the Zoning By Law so as to permit.. building. a .single. family . structure wi.t.hin .250.'..of .high. water .mark .of .Lake. Co.chichewick and .within..1.0.0'..horizo-ntally. o.f..vegitated .wetland area. ...................................................... on the premises, located at ... Lot. #1. Great. Pond .Road.... . ..................................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in N.A.Citizen on Aug. 28 & Sept. 4, 1991 Bill to: Rita Gonsalves, 1501 Hearne Ct., Port Saint Lucie FL 33452 BODNAR & KLIPFEL ATTORNEYS AT LAW CHESTNUT GREEN - SUITE 65 565 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN F. KLIPFEL (MA & NH) RUSSELL A. BODNAR Town of North Andover Zoning Board of Appeal North Andover, MA 01845 Re: Lot 1 Great Pond Road Rita Gonsalves Gentlemen: TELEPHONE (508) 688-1500 FAX (508) 688-1582 September 10, 1991 Request is hereby made that the Application for a Variance from the requirements of the Zoning Ordinance regarding the above - referenced matter be withdrawn without prejudice. In support of this request, counsel for the Applicant states that new engineering plans are being drawn and should properly be submitted along with a new Application. In order to comply with all filing requirements, counsel wishes to resumbit the entire Application along with said plans in a form acceptable to the Zoning Board of Appeals. Thank you for your time and consideration in allowing this Application to be withdrawn. Vejry truly yours, ussell A.`Bodnar RAB:lmf cc: Ms. Rita Gonsalves N Received by Town Clerk: TOWN OF NORTH ANDOVEit, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM 'CHE REQUIREMENTS OF THE ZONING ORDINANCE: Applicant Rita Gonsalves ----_-- __----_Address 1501 Hearne Court, Port Saint Lucie, 1. Application is hereby made: Florida a) For a variance from the requirements of Section4.136Paragraph 7C and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are .Lan(] X and buiLding(s) numbered -- . b) Premises affected are property with frontage on the North RX) south( ) t;a;t ( ) west ( ) side of_Great Road _g_Pond XXXXXX, and known a-- sc) c) Premises affected are in 7, ninq DistrictRl , and the premises affected have an arca of45 94 square feet—and f ront:r,r]c of 150 feet. --'----- 3. Ownership a) Name and address of owner (if joint ownership, give 111 names): Rita Gonsalves, 1501 Hearne Court, Port --Saint Lucie,- Florida ---------------------------- _ Date of Purchase 2/12/1988 __Previous owner Michael A. Parziale b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Othere3 c y 4,r Size of proposed building: 80' front; 30' feet deep; C7 ,V " Height 2.5 stories; 30' fceC. a) Approximate date of erection: within 60 days following expiration date of ------- appeal peri(3ds. b) Occupancy or use of each floor: Single family home ------------ ' v, c) Type of construction: Wood frame w � S. Size of existing buiLdinq:_N/A feet front;C(. .:t dc( -p; 11eight stories; a) Approximate date of erection: N/A b) Occupancy or use of each floor: N A c) Type of construction: N/A 6. Has there been a previou n appeal, kuid'!r zonifig, on thea(: preminer? No If so, when? 7, Description of relief sought on this petition 3'•a build a single'•family structure ,•;.within 250 of high water mark of Lake Cochic ewlc an within 100 roriz'ktally j 1 of vegitated wetland area ----- ...j (; •fir. � E 8.•.. Deed recorded in the Registry of Deeds in Dook-2677 Page 72 :.Land.Court Certificate No. Book Page ' The principal points upon which I base my application are as followsi '•, (must be stated in .detail ) 5.�.• he. proposed use, construction of a single -family 1i6me', is consistent with t:h'. allowed us_ein the Rl Zoning District and, similarly, is-consistent with the•'•', :_existing land use _to the northwest. As a consequence of this consistent land' use, no adverse impact on the Rl nne' ei�hborhood will•he proposed i congtruct•ion.�reat oP ne—Reams a public way in the town of North Andover, is .a paved* ."I agree to_pa the fi ng fee, advertising in newspaper, and incidental expenses* Signa urc of Pe titilers- rEvery application for action by the Uoard shall be made on a form approved by.. the Board. These forms shalt be furnished by the Clerk upon request. !Any communication purporting to be an application shall be treated as mere notice of' intention to seek relief until 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 l;herein:•:prescribed. :! ;Every-application shall be submitted with a list of "Parties In Interest"• ;which list shalL include.tlic petitioner, abutters, ownera of Land directly ;opposite on any public or private street or way, and abutters to the ;abutters ;wit1lin: three hundred feet (300' ) of the property litre of the -!petitioner as they appear•on the most recent applicable tax list, .!notwithstanding that the land of any such owner is located in another city .'.i or town, the Planning Board of the city or town,, and the Planning Uoard of .every, abutting city or town. *Every application shall be submitted with an application charge cost in :the amount-of $2.5.00. In addition, the petitioner shall be responsible :for any and aLl costs involved in bringing the petition before the board.:-'•'.!�; !` Such-costs shall include !nailing and publication, but are not necessarily•";:t:::� I limited to these. Every application shall be submitted with a plan of land approved by the Doard. No petition will be brought before the Board unless said plan has been submitted. Copies of the [bard's rcquiremr_nts regarding plans are attached'hereto or are available from the Board of Appeals upon request. LIST OP PARTIES IN INTEItEST V5� /j >4f of sufficient geometry and sight distance to accommodate the proposed and installation of the sanitary sewer line, as shown on the attached plan. LIST OF PARTIES OF INTEREST SUBJECT PRORERTY MAP IPARCEL ILOT INAME JADDRESS 3t5o j t he Cou&,-� I Sai4 tt Lckj pf of'a(- 0&— 4 tt ) Received by .'Town Clerk: 1 1 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS i APPLICATION FOR RELIEF d'1tOM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Rita Gonsalves Address 1501 Hearne Court Port Saint Lucie, I. Application is hereby made: Florida a) For a variance from -the requirements of Section4.136Paragraph 7C and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- -- c) As a Party Aggrieved, foe review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are lance X and building(s) numbered •. ; �rea>c_Pond .�oa� _________ x��,x� . -- _ b) Premises affected are property with fronta e on the Nh ortfxx) soutt, ( ) 2-3t( ) west ( > Side of Great Pond Road 3St)fX)�X, and known -----------------_ ' as No.--•---Grea�.Pon�Road------- c) Pxemises affected are in ZHing Di,trict Rl , and the premises affected lave an arca or45994 feetaridfront: cic of 150 feet. __--square 3. Ownership a) Name and address of owner (if joint ownership, give all names): Rita Gonsalves, 1501 Hearne Court, Port Saint Lucie, FloridaCD Q-) -irJ Date of Purchase 2-------8---Previous Owner Michael A. Parzialeco - -, b) If applicant is not owner, check his/her interest in the premises: —_Prospective Purchaser Other (explain) --13 –Lesee 44 Size of proposed building: 80' front; 30' feet deep; _ 4 m- " Height 2_5 -stories; 30r_ -_feet. a) Approximate date ofcrcctior,:within 60 days following expiration date of appeal periods. b) Occupancy or use of earl, floor: Single family home ------------ c) Type of construction: Wood frame 5. Size of existing building: N/A feet front;__ fe(.'t dc( -p; --- Ileiglit stories; feet:. a) Approximate date of erection: N/A b) Occupancy or use of each floor: N A c) Type of construction: N/A G. Has there been a previous appeal, und,!r zoning, on then(: prr_mine-;? NO If so, when? A, .7;,Description of relief sought' on this petition 3'Q build a single' -family• stT.ucture r•; within 250' of high water mark of Lake Cochichevick ancl within 100 .hor-iz¢?ntally of vegitated wetland area - t8.�.. Decd recorded in the Registry of Deeds in Book 2677 Page 72 ::.Land.Court Certificate No. Book Page The principal points upon which I base•my application are as follows: (must be.stated in detail) S•S!' if They proposed use, construction of a single -family Yiome', is consistent with rlie` -1allowed use in the Rl Zoning District and, similarly, is-consistent with the.'.': existing land use to the northwest. As a consequence of this consistent land' use, no adverse impact on the R1 nneei�hborhood will 'occur as a result of the pr.'oposed i •c ons truct•ion.(reat o� neRea3, a public way in the town of North Andover, is .a paved* ;'I agree to_pa-y the finy fee, advertising in newspaper, and incidental • expenses* i :�• SignaTure of PctitLorler[s rEvery application for' action by the Board shall be made on a form approved by-the Board. These forms shall be furnishes( by the Clerk upon request. Any communication purporting to be an application shall be trentcd as mere 'notice of intention to seek relic£ untiL such time -as it is .made on the c �.....JofficiaL application form. ALL information called -for by the form shall be furnished by the applicant in the manner 'trlterein:•rprescribed. ! • Evcry-application shall be submitted with a list of "Parties In Interest"• ?which list shall- include the petitioner, abutters, owners of Lane] directly ;opposite on any public or private street or way, and abutters to •tire abutters ,•within'three hundred feet (300') of the property lime of the petitioner as they appear •on the most recent applicable tax list, .:notwithstanding 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. *Every application shall be submitted with an application charge cost in :the amount- of $25.00. In addition, the petitioner shall be' responsible ,•..:.,,,' ;for any and all costs involved in bringing the petition before the Board.• ;','•�; ' Such_ costs shall include mailing and publication, but are not necessarily.."'r' :limited to these. ') Every application shall be submitted with a plan of land approved by the Doard.' No pcti tion will be brought before the }bard unless said plan has V, een submitted. Copies of the Board's 11 11 regarding plans are attached•hereto or are available from the Board of Appeals upon request. LIST OF PAR'T'IES IN It4TEREs'r •••1 sufficient geometry and sight distance to accommodate the proposed installation of the sanitary sewer line, as shown on the attached plan. Received by Town CLerk: } TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS 7r/ APPLICATION FOR RELIEF FROM T11L•' REQUIREMEN'T'S OF THE ZONING ORDINANCE Applicant Rita Gonsalves —_ --------------- Address 1501 Hearne Court, Port Saint Lucie, 1. Application is hereby made: Florida a) For a variance from the requirements of Section4.136paragraph 7C and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- -- C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected arc land X_ and building(s) -numbered . b) Premises affected are property with frontage on the North kX) South ( ) East ( ) went ( ) side of Great Pond Road)Gt___ _ ?>]MX, and known as No.—_-_—Gr_ea�Pond c) Premises affected are in 'l, n inq District Rl , and the premises affected have an arca 0r45tS94 suare feet -and frontnle of d 150 tcct . --94 -- - 3. Ownership a) Name and address of owner (itoint Ownership, J p, give all names): es :° Rita Gonsalves, 1501 Hearne Court, Port Saint Lucie, Florida ---------------------------------------- Date of Purchase 2/12/1988 Previous Owner Michael A. Parziale b) If applicant is not owner, check leis/her interest in the premises: - -- m,'^. __Prospective PurchaserOther (explain) --_Lesee 44 Size of proposed building: 801 front; 30' feet deep; ... " height 2.5 -stories; 30' CceC. — a) Approximate date of erect ioil: within 60 days following expiration date of --- appeal periods. b) Occupancy or use or each floor: Single-family home C) Type of construction: Wood frame 5. Size of existing building: N/A feet front; feet __ Height stories; Ccct. --- a) Approximate date of erection: N/A b) Occupancy or use of each floor: N A c) Type of construction: N/A G. Has there been a previous ,rppcnt, und,:r zoning, on tile.:; r: f) !.es No -- If so, when? i : 7,' Description of relief sought on 'thispetition 3`•© build a single%family• structure �� Q' .'•. 'r•;. within 250' of high water mark of Lake Cochich6w_ick and within 100 hori2"ohtally of vegetated wetland area - • .r 8 Deed recorded in the Registry of Deeds in Dook 2677 Page 72 +•...'.:.Land.Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be;stated in detail) S•!;' -The- proposid use, construction of a single-family tiome•, is consistent with- rhe' ;fallowed use in the Rl Zoning District and, similarly, is -consistent with the.•!;, ;_existing land use to the northwest. As a consequence of this consistent land' use, no adverse impact on the R1 nneei�hborhood will -occur as a result of the roposed i .con9truct•ion. t o—n-d Road,- a public way in the town ot North Andover, is :a paved* ,'I agree to, -pa the fi ng fee, advertising in newspaper, and incidental expenses"* SJ.gnature of Pet itiorler(3 Every application for' action by the Board shall be made on a form approved by - the Board. These forms shall be furnishes( by the Clerk upon request. : ;Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until 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'�lierein:,;prescribed. :! ..,Every -application shall be submitted with a list of "!'antics In Interest". :which list shall• include.tlic petitioner, abutters, owners of Land directly :opposite on any public or private street or way, and abutters to .tire abutters ,'within:three hundred feet (300') of the property line of the .petitioner as they appear•on the most recent applicable tax list, :notwithstanding that the land of any such owner is located in another citY.- or .or town, the PLanning Board of the city or town,, and the Planning Board of .every abutting city or town. *Every application shall be submitted with an application charge cost in.- :the amount*of $2.5.00. In addition, the petitioner .hall be responsible ,� ;for any. and all costs involved in bringing the petition before the Board.•.' Such -costs shalt include mailing and publication, but are not necessarily. limited to these. j ; r Every application shall be submitted with a plan of land approved by the Doard.• No petition will be brought before the Doard unless: said plan has V, een submitted. Copies of the Board's requiremr_nts regarding plans are ,attached'hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEl1ES'r ' x T— �� C of sufficient geometry and sight distance to accommodate the proposed and installation of the sanitary sewer line, as shown.on the attached plan. Received by 'Town Clerk: .j i 1 TOWN OF NORTil ANDOVER, MASSACHUSETTS 1 - BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE f Applicant Rita Gonsalves ----Address 1501 Hearne Court, Port Saint Lucie, yl Florida 1. Application is hereby made: a) For a variance from the requirementsof Section4.l36Paragraph 7C and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are .lan(I X and buildings) numbered Czre_ai=_P_Ond•Road-- . b) Premises affected are property with frontage on the North RX) South west ( > sicle of Great gPon_dRoa_d__ _ )G>tXXd§X, and known as No.--.___Gre c) Premises affected are in %Quin, DistrictRl , and the premises affected have an area of452S94 sduare icet and front::,rie of 150 feet.--'---�- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Rita Gonsalves 1501 Hearne Court, Port Saint Lucie, Florida ---------------------------- ------------- Date of Purchase 2/12/1988_ --Previous Owner Michael A. Parziale b)' If applicant is not owner, check his/her interest in the premises M Prospective Purchaser---Lesee Other (explain) r-.,3 44 Size of proposed building: 80' front; 30' feet deep; - " height 2.5 -stories; 30-'-- -feet. a) Approximate date of erect ion: within 60 days following expiration date of ----- appeal periods. •'-' b) occupancy or use of each floor: Single family home ------------ c) Type of construction: Wood frame 5. Size of existing building: N/A feet front; feet dc( -p; Height stories; a) Approximate date of erection: N/A -------------- b) Occupancy or use of each floor:N A C) Type of construction: N/A 6. 11, there been a previou appe:,t, un,lcc zoning, on the:;[: prtmi::r:? NO If so, when? .;'.7.' Description of relief sought' on this petition3'.© build a single'•family• structure ..r•; within 250 of high water mark of Lake CochicF_ewick and within 100 :horiz¢ntally ✓ iw;, >'of vegitated wetland area { ©.•.. Deed recorded in the Registry of Deeds in Dook 2677 [,age 72 Land. Court Certificate No. Book Page .-The principal points upon which I base my application are as followss (must be.stated in detail) he, proposed use, construction of a single-family home, is consistent with -.>=h` allowed use in the Rl Zoning District and, similarly, is- consistent with the...-, ' existing land use to the northwest. As a consequence of this consistent land' use, no adverse impact on the Rl n�eihb rhood will occur as a s,1 of he :proposed i•congtruct•ion. (rOa3, a eat on Rpublic way in the town of North Andover, is.•a paved* I agree to.pa-y the f ng fee, advertising in newspaper, and incidental expenses* r Signaure of, Petit or�erTs Every application for* action by the Board shall be made on a form approved by -the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be trented as mere '1 notice of intention to seek relief untiL such time -as it is .made on the , officiaL application form. ALL information *called -for by tlic form shall be furnished by the applicant in the manner tlicrein:•rprescribed. • Every -application shall be submitted with a List of "['arties In Interest". iwhich list shalL incLude.the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to •thc abutters wit11in: thrcc hundred feet (300') of the property line of the petitioner as they appear •on the most recent applicable tax list, %notwithstanding that the land of any such owner is located in another or town, the Planning Board of the city or town,, and the Planning Board of � .••r.( ..every, abutting city or town. 1' ' *Every application shall be submitted with an application charge cost in :the amount,of $25.00. In addition, the petitioner shall be responsible .� :for any and all costs involved in bringing the petition before the Board. �•_ !` Such -costs shall include mailing and publication, but are not necessarily,.'";.:.ri limited to these. Every application shall be submitted with a plan of land approved by the Board., No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans arc attached hereto or are available from the Board of Appeals upon request, t LIST of PAIiTIES IN IN7•L:[tE!;,r , f Xroadway of sufficient geometry and sight distance to accommodate the proposed traffic and installation of the sanitary sewer line, as shown on the attached plan. j i Recexved by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS i BOARD OF APPEALS Tei APPLICATION FOR RELIEF FROM TiiE REQUIREMENTS OF THE ZONING ORDINANCE .a j Applicant Rita Gonsalves -------------- 1501 Hearne Court, Port Saint Lucie, 1. Application is hereby made: Florida a) For a variance from the requirements of Section4.136Paragraph 7C and Tableof the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. i 2. a) Premises affected arc land X and building(s) numbered . .. ; Czr �a � P odd Ro�� ---- ---•- x�»� . -- . b) Premises affected are property with fronts c on the North j�x) South ( ) Last ( ) west ( ) side of Great gPond Road _ fXZX, and known ----------------- • as No.--•--��a�Pnnd C) Pxemise affected are in`h Hing District Rl , and the premises affected have an area of458 94 square feet—and frontacle of 150 feet. --'----- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Rita Gonsalves, 1501 Hearne Court, Port Saint Lucie, Florida Date of Purchase 2/12/1988_ --Previous Owner Michael A. Parzial`' b)' If applicant is not owner, check his/her interest in the premises:_• �-' __Prospective Purchaser---Lesee Other (explain) r co 4.; Size of proposed building: 80' front; 301 feet deep; c " Height 2_5 stories; _ 30 feet'. m a) Approximate date of erection: within 60 days following expiration mate �•f ------ appeal peri�os. b) Occupancy or use of each floor: Single family home C) Type of construction: Wood frame 5. Size of existing building: N/A feet front; feet (lce1); Height stories; feet. --`— a) Approximate date of erection: N/A b) Occupancy or use of each floor: N A c) Type of construction: N/A. 6. Has there been a previous appeal, uncic!r zoning, on thenc! premi::e s? `' No If so, when? 7,''Description of relief sought�on'this petition 'f4 build a single'•family structure 9 �• .. within 250 of high water mark Qf Lake CQchic P__:,— c cT_an�c within 100 :hor�iz' tally ;• ,of vegetated wetland area ;� 8.•. Deed recorded in the Registry of Deeds in Dook 2677 Page 72 ±• :Land.Court Certificate No. Book Page ' The principal points upon which I base my application are as follows: must be:stated in detail) ' j-The- proposed use, construction of a single-famil' Home', is consistent with tike` 4 ! allowed use in the Rl ZoUn District and, similarly, is' consistent with the.• existing land use _t_o the northwest. As a consequence of this consistent land' use, no adverse impact on the Rl nneeii hborhood wil�ccux as a result of the proposed i •construction.�Ureat o� neRoaT_j a public way in the town o North Andover, is :a paved* }•I agreeto the fi 'n fee, advertising in newspaper, and incidental expenseLA ; 1.....T.. •• I "• Sina ure o Petetlorerts g,• .,Every application for'action by the Board shall be made on a form approved by.-the Board. These forms shall be furnishes) by the Clerk upon request. Any communication purporting to be an application shall ire treated as more notice of intention to seek relief untiL such time -as it is.made on the officiaL application form. AIL information 'called -for by the form shall be furnished by the applicant in the manner'therein;:prescribed, l ! %Ii ..,.Every-application shall be submitted with a list of "Parties Ire Interest"• !which list shall-include.the petitioner, abutters, owners of land directly ;opposite on any public or private street or way, and abutters to the .,abutters;within'three hundred feet (300') of the property line of the petitioner' as they appear•on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in :the amount' of $25.00. In addition, the petitioner shall be responsible :for any and all costs involved in bringing the petition before the Board. • .' ;:',;!j; Such-costs shall include mailing and publication, but are not necessarily,:';.:,:? ' :''�• limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the IJoard unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached'hereto or are available from the Board of Appeals upon request.' LIST OF PARTIES IN INTEitEST s,• I *roadway of sufficient geometry and sight distance to accommodate the proposed traffic and installation of the sanitary sewer line, as shown on the attached plan. Received by Town Clerk: TL' 0 P '_R TOWN OF NORTH Aril )VI'1)1- ?IA!;SAC*III).'".F.'II*!; IWAIM OF I%-.- P JUL 16 12 io NJ'l APPLICATION Foit RELIEF FIMM TE 111: 10-:001HMENI'!; ()I-' THE ZIMINr; (WI)IIIANCr App 11 ca tit Rita Gonsalves 1501 Hearne Court, Port Saint Lucie., Florida I Application is hereby tgwido: a) For a variance from t.h i -qui j-v:!t(!Ilt!; of!; ec t i A 136 P:i r :i,i r, -i I,] I and Table 7C -of the zrminq ii -y i,:irvs. b) For a special Permit imd,�r Scct4iotl*13b 147;!g, Zc)Ilirlq By Laws. • c) As a Party Aggrieved, 1'()t- rcvi(,: of ;i I.y III,, Building Inspector or other ati't-1iority 2. a) Prem is o!; affected are I.ml X :iiid Great Pond Road XXXXXK. b) Preiggires a f f cc t ed a r o pt,,p,_,rty wi t.li rroiit a t ,it tit,. l!''I I It souti, Great Pond Road s X and known ;is Ili). Great Pond Road C Pxcmiscs affected a r e I I I I, I r i c R1 h'. af(ectcd litive an area f 45894 ;111,1 f r _tit -I feel:. 3. Ownership a) Nattic and a,1,1resn, of Rita Gonsalves, 1501 Hearne Court, Port Saint Lucie, Florida Date of p,jt-ciI,-jf-,c 2/12/1988 Michael A. Parziale b) If af)1)1. i c;knL in not chocl: hi i 111.(r t in I )I-- py 44 Size of proposed buildinq- 80' f'r(.;W 30' re.i.i, -I ...... Height: 2.*5 stories;_ , f a ) Approximat,�- date of within 60 days following expiration date of appeal periods. b) Occupancy or use of. c;ih f 1,),)r : Single family home c) Type of construction: Wood Frame 5. s i 7.c of ox i! -.t i it,, III,, i i,i i it,,: N/A I Ir -rig Height t o r. i a) Approxi mate date of nr•• •t i,,,,: NIA b) occuiv.kricy or LISC Of 0;101 il(',)r: N/A of N/A 6. H -i r there becri a I,rcvi,)tif; NO __ I[ so, wIlcll?__ - - 'L.1 74 Description of relief sought on this petition To build a single family , structure within 250' of high water mark of Lake Cochichewick and .within 100' horizonally-ofvegirafed werlaud_axen — `j•� 8...Decd recorded in the Iter3istry of in Uook 2677 7 2 _I':rgr. Land Court certificate No. [look F'ngc The principal points upon which I base my application are as follows: ' u .(mst be stated in detail) f'The proposed use, construction of a single-f_amily•_home, is consistent with the allowed use in theR1 Zoning_Diat.riczqnd.,__simi1nrly_,.is consistent -,with the existing an_ _ use to the northwest. As a congequen e-QL tbi.s-r a -g ctPnt land use, no adverse impact on theR_l_n_e�hborhood will occur as_z_rQcul of the.%proposed 1 construction. Great Pond Road, a public way in the town of Nort� Andover, is a paved* I agree to pay the fiLing fee, advertising in nerrspaher, incl ine>centa ;expenses* . S1 nature of Petit>,ol erZ�_-__.•------ Every application for action by Lhc Board shall be madc on a form approved ;by -the [bard. 'These forms shall be furnished !)}, the clerk upon re - guest -Any communication purporting to I)c Zn application stall. 1>c tr+:,tc<1 :rs mcrr: notice of intention to seek relief: until such tirnv, 17 it ic; uu+-1e tin tt+c o£ficiaL appLicatLon form. ALL information called -for h)' till: form shall be furnished by the applicant in the manner t;hercin:,prescrib,,,I. .Every -application shall be suhrr+ittCd with n list of "I':+rtir: In Int:crest" :which list shaLL include the pel:it.icu+r:r, ahnt't',r o:n++,r. f. L:u++l (lir+ :t1)' .opposite on. any public or priv, street or c.:,; , :,n+l :,buttcc to t:he ;abutters ,-within•thrce hundred fent (300') of till, pr(,I-rty line of the :petitioner as they appear . on the most rueful. :+ppl icnhl' I::+x Li^t, .notwithstanding that the .land of any such o•.n rr i:r .locatr_cl in •mother city -or town, the I'Lanning Board of the city or totiru,.:uld the Punning Itonrd of :every, abutting city or town. !Every application shall be suUmitted with ill :l pLic.it:ion ch:+r I, co.t in i :the amount of $7.5.00. In addition, the petition(:r ^ha.11 b^ responsible ;for any and ,all costs involved in l,ringina the petition before the Hoard. I: rr Vit.,.. i. 4Such_costs sha1L include mailing and publication, but are not necessarily. limited to these. ) Every application shall be submi.tt(!(l with 1 pl.-Ill of l.:ur,l approvrvd by the J-:' Board. No petition will be brought U,,fore th'! :i been submitted. copies of the Borird's c attached hereto or are available from the hoard of. Appeals upon request. ,t LIST OF PARTIES III IN'iIMEST V Se ��_ u (14 - :I '.*roadway of sufficient geometry and sight distance to accommodate the proposed traffic and installation of the sanitary sewer line, as shown on the attached plan. Wont,) Daniel C. & Patricia A. Regarl AQ INC & 104aWLI An /it) low, Qcphen 4 j, Ounna 1s) ,,, ��' C rv,:: Nary 5. SeltiLc, )') /'/'.) Daniel Annette G, 4 Sophie F. and Kenneth HapH .3 Z2 VY 7,6''.-1 v- / i r Y S 2 f 3 3/ Y_� - Wi 1 1 iam T. Wanda J . Averka Simone T- Marchand /V 0 William J., Kenneth Wm. Cyon Thomas ya,,in 2 -'E,' -W 2 Town 01 North Andover. 1 22 NO, Town of North Andavep Planning Board Town of Andover Planning Board Town of North ReadingPlann"ing Dowd Town of Hiddloton Planning 80a,d Town of Mxford Mannino Bo,,,j Town of "Valand TOwn 04 HavQrhill pj,,,i,, Town " Whuen MY Of Lnwrencn Planninq TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Rita Gonsalves Date: August 29, 1991 1501 Hearne Court Port Saint Lucie, FL 33452 Dear Applicant: Enclosed -is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 5,22 for the following: Filing Fee Postage $ 5.22 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 t1ain Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk App/icant.• Rita Gonsa/ves Mitigat1ve Water Qua/ity Design Great Pond Road (Route > 33 North Ando ver, Massachusetts Auqu,51 7 4, 7 990 1 HA YES ENG/NEFRING, INC. Ctvv/ Engineers & Land Surveyors 603 Salem Street Wakefie/d, Mass. 01890 OA ( y ( 016 p N�R� HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 TEL.: (617) 246-2800 FAX: (617) 246-7596 REFER TO FILE # NAME DATE MADE BY MEMO CALCULATION LAUD USE AP -EA CS, F-) TOTAL Lo7 BAST �J 7.0, it4p-ijz4moO (A --E) 120/0. AG&( 7 QAL±Te-?-ED--Po-Kno0 -o-F TO EEM410 IJ K/AOIZAL —04, 'Plo "00 —VE b - —a �� J i 4G/ sm U . L-Jj LAW 3E MA /V- TENA V C E /A VE n.1 r73 11 - ----------- - LfR-00- .fjg..f6 5748 4'a1 00 1.18.86 YOM, HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 TEL.: (617) 246-2800 FAX: (617) 246-7596 REFER TO FILE # NPA-0V3S NAME DATE MADE BY J,J, 0 MEMO 13 CALCULATION 2. VoL E--=- 'loo2132912o_L93 i,-aaf yy)F ri--------- ------- Ll rl iL-1 -- --- --- ------------ ------ Ll SPILLwXY ELeU, = 1)9,3 Volurn iE L.J -700 goo t 1 ago II o 1701 Fl -- ------ -- 11 14-30 VoL E--=- 'loo2132912o_L93 i,-aaf yy)F ri--------- ------- Ll rl iL-1 -- --- --- ------------ ------ I ri L -j I M L -j Fl HAYES ENGINEERING, INC. i L-1 603 SALEM STREET WAKEFIELD, MA 01880 TEL.: (617) 246-2800 FAX: (617) 246-7596 F1 Li REFER TO FILE # 00 NAME DATE MADE BY MEMO CALCULATION 3. VJ A L V- vi R Li LAVJQ —TOTAL . - --------- - r7 fTl �o»�,,_E - coo�� 7- � +_c«.�+ i6o+ �z�of� _��2� T. �2,z� ,2�- ------------- --- -------- 87, ------- AW(e Arn�TE -TEt\ t --g-.ETA- -P-J- VOL a4fE of - koli oFF.--.---- -'sTo'c14- -5 ED, -T Lj 6LEV, I1$.O._0 F A)---DE7Ek3TioP AiZUA 100 VJ A L V- vi R Li LAVJQ —TOTAL . - --------- - r7 fTl �o»�,,_E - coo�� 7- � +_c«.�+ i6o+ �z�of� _��2� T. �2,z� ,2�- ------------- --- -------- 87, ------- AW(e Arn�TE -TEt\ t 10 yr sro r rn) ------- ---- t EV 118.0. OF ---A-)--DE7EKJF I D tJ A ZE;A loo C. VJALV, W�$ 160 FO Z A + (1240+ 10+ 116 7 87, F) -R:3 1,334 -A$R ZOT I -8,9 Off ff8 4 123. 80 FlCD Li 4 All r JZ?. 83 &3 58 1 I L -j -SPILLWAY -TgF:KICH D"i" Ad E L f2o 1. EV.-- f r SEE De7325 113 T. POLL 120 Jib. 118.25 if -if .95 -PROR $7 ................. . fig. 48 3,50 4A�ai 00 118. 88 118.69 J M 5e 6REA T POMP ROA 49 If7 &A Jz------ .......... FO Z A + (1240+ 10+ 116 7 87, F) -R:3 1,334 -A\)R ZOT I -8,9 Off ff8 4 123. 80 FlCD Li 4 All r JZ?. 83 &3 58 1 I L -j -SPILLWAY -TgF:KICH D"i" Ad E L f2o 1. EV.-- f r SEE De7325 113 T. POLL 120 Jib. 118.25 if -if .95 -PROR $7 ................. . fig. 48 3,50 4A�ai 00 118. 88 118.69 J M 5e 6REA T POMP ROA 49 If7 &A r i L -j 7 NO REFER TO FILE NAME DATE r-1 HAYES ENGINEERING, INC. MADE BY Li 603 SALEM STREET WAKEFIELD, MA 01880 MEMO TEL.: (617) 246-2800 FAX: (617) 246-7596 CALCULATION a //j . L-A F-OC—A MJ r- /Y &S oF Li ot" r D) DbuP W 6. A ID Co oog too a F-1 - - --- 74 ------ --- _ SA -L- -VOI.OAE_ f Z Lvz 16 0 i r-1 >_ r. Chap Ler 2: 'CIwosiug tale best l3P11' for a JiLe. Figure 2.4: Comparative Pollutant Removal Of Urban BMP Designs 2.13 KEY: A, DESIGN 4 0 TO 20% REMOVAL O O O yO� OQ Off= �p v O, . DESIGN s INSUFFICIENT 0 O O ® OHO u DESIGN 6 C4, O BMP/design yy HIGH EXTENDED DETENTION POND INFILTRATION TRENCH DESIGN 1 O 0 Q 0 ® MODERATE DESIGN 2 O 0 !'� O ® MODERATE �-+ DESIGN 3 ® ® U 0 0 ® HIGH • WET POND HIGH DESIGN 9 2.13 KEY: DESIGN 4 0 TO 20% REMOVAL O O O 0 ® MODERATE M 60 TO 100% REMOVAL DESIGN s INSUFFICIENT 0 O O ® MODERATE u DESIGN 6 O O ® HIGH INFILTRATION TRENCH n DESIGN 7 0 O MODERATE �-+ DESIGN 6 • 0 0 (, • HIGH DESIGN 9 Q1 • 0 • HIGH n INFILTRATION BASIN Li DESIGN 7 MODERATE .1--- _ .c.. ,•r t -J :.;DESIGN e'-4 .... _ `0 �`� .. :x.:.: _ -:� � �"- -HIGH:.' .. . . DESIGN 9 ® ® HIGH POROUS PAVEMENT' n DESIGN 7 O O 0 0 MODERATE DESIGN 6 ® A ® HIGH DESIGN 9 ® ® e ® HIGH n WATER DUALITY INLET LJ DESIGN 10 O LOW j-1 FILTER STRIP u DESIGN 11 O O O O O ® LOW DESIGN 12 • O O . ® MODERATE n . GRASSED SWALE u DESIGN 13 O O O O O ® LOW DESIGN 14 0 O 0 O O ® LOW `n Design 1: First -flush runoff volume detained for 6-12 hours. Design 2: Runoff volume produced by 1.0 inch, detained 24 hours. Design 3: As in Design 2, but with shallow marsh in bottom stage. Design 4: Permanent pool equal to 0.5 inch storage per impervious acre. V Design S: Permanent pool equal to 2.5 (Vr); where Vr=mean storm runoff. Lesign 6: Permanent pool equal to 4.0 (Vr); approx. 2 weeks retention. r� Design .7: Facility exfiltrates first -flush; 0.5 inch runoff/imper. acre. I Design 8: Design 9: Facility exfiltrates Facility one inch runoff volume per imper. acre. L+ Design 10: exfiltrates 400 all runoff, up to the 2 year design storm. 11: cubic feet wet storage per impervious 20 foot wide turf acre.Design Design 12: strip. 100 foot wide forested strip, with level spreader. Design 13: High slope swales, with no check dams. Lj Design 14: Low gradient swales with check dams. 2.13 KEY: O 0 TO 20% REMOVAL O 20 TO 40 % REMOVAL O 40 TO 60%REMOVAL 60 TO 60%REMOVAL 60 TO 100% REMOVAL (� INSUFFICIENT KNOWLEDGE T�I'M HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 TEL.: (617) 246-2800 FAX: (617) 246-7596 REFER TO FILE # _NoA - 0033 NAME DATE MADE BY J.J. MEMO CALCULATION T + /-4 jl_"� -- - - ---------------- F--,-"7 Li r Li - --- -- ---- __. E7 ------------ Li P t Ll 7 CATH} 06 'k//c--9,4 76D IV COASTING ath EDITION .... _:�...., . , Some specifications require lids or covers in trench drains to be light in weight but capable of supporting heavier loads. When grates and lids in this series are U specified in Ductile Iron, strength is increased two to three times without chang- ing weight. If you have a problem involving strength and weight restrictions, send details and we will make recommendations. Standard Cover Dimensions Catalog Dimensions in inches No. A g t u R4991 -A .` .: r :CATALOG ��i...:.r.i..a a..✓.'u..._ .� .. . �..� v:r_: . ... .. .. a¢.. re"R'�'4 e.Lii'eh. ;e. as:2S IV COASTING ath EDITION .... _:�...., . , Some specifications require lids or covers in trench drains to be light in weight but capable of supporting heavier loads. When grates and lids in this series are U specified in Ductile Iron, strength is increased two to three times without chang- ing weight. If you have a problem involving strength and weight restrictions, send details and we will make recommendations. Standard Cover Dimensions Catalog Dimensions in inches No. A g .C. R4991 -A 8 1'/4 6 R4991 -B 10 1'/A 8 R4991 -C 12 1'/A 10 R4991 -D 14 1'/A 12 R4991 -E 17 1'/A ;x.'.15 R4991 -F 20 114 18 R -4991-G 23 1'h, . 21 R4991 -H 26 11/2 24 R-49191 -J 29 1'/2 27 R-4991 -K 32 12/4 30 R4991 -L 35 12/A 33 R -4991-M 38 13/4 ..36 R -4991-N 44 2 42 R-4991-0 50 2 48 K N0111NAL ANPA SPACE ON �-SOLID GRATE ` � UD m c LIGHT, DUTY , The above schematic drawing identifies basic dimensions only and does not ap- ply to all cover designs. Bar and rib depths, plate thicknesses, and seating Widths, may vary on different sizes and styles. If your project has design restric- tions, ask for approval drawings. Illustrating trench frames with grated covers in the deck area around a municipal pool. These light duty designs are particularly adaptable for manufacturing plants, service stations, laundries, warehouses, residential driveways, boiler rooms and similar locations, not subject to heavy loads. Read Carefully Before Ordering The various standard trench drains shown here ore available with a number of alternates illustrated on page 259. It is important to examine all of the variables carefully and specify fully your requirements. Your order will be entered cor- Specify; rectly and promptly, if it includes this information: r 1- Complete catalog number. 2. Type of frame section required. iJ 3. Frame end pieces, when required. 4. Type of grate or lid: A, B, C, D, E or F. r 1 5- length of trench. i 6. Bolted covers, solid or grated, when required. LJ 7. Special painting requirements other than asphalt coating. f`1 L N EENAH Fr'11 J/ n%Iv COMPANY 8. When extremely heavy loading is expected, such as concentrated fork-lift loads, heavy aircraft, etc., redesign may be necessary, depending on the style and size selected. 9• Ductile Iron frames and/or Ductile Iron grates. 10. Special dimensions, such as changes in trench direction, etc. Send details. 11. Pickholes or lift handles if required. 12. if trench drain grates ore to be installed in bicycle traffic areas, please advise so that safety standards described on catalog page 89 can be applied. LA I.... page illustrates standard var : cables` for' frame and cover types; �.'-:also.. bolting..arrangements for. L, . :fXis-ten1ng _covers to frames. These can be :applied_to, R-4990 and: R-4991 Series"(shown' on -page i`J• - i:Y: '�'. t� ''!fir= Y Y^r4,%i• 1-i n,landard Types of Frame Sections tJ Frames manufactured in standard maximum lengths r36". Fractional frame sections can be furnished lI produce -a trench drain of any overall length. then necessary,drames can be`closed at ends by specifying end frame sections. When ordering R-4990 or R-4991 Series castings, specify frame r -pe. u WEEN H_r FOUNC RY; COMPANY ? Standard Cover Types Grated and solid coven shown below are manufactured in standard maximum lengths of 24'x_ They can be furnished in frac- tional sizes to fit any overall trenchdength required. When ordering R4990 or R499z trench drains, specify type of cover. Lift holes or handles are furnished on type D and E covers for trench widths larger than 10". a0000000 000 a0000000 o00 TYPE A TYPE 8 TYPE C GRATE OPENINGS GRATE OPENINGS GRATE OPENINGS ------=3 ��--t Type L TYPE D TYPE E TYPE F SOLID CHECKERED TOP SOLID PERFORATED TOP SOLID FOR FILL —ss-------- a Type H n Lam" _ LONGITUDINAL VIEWSI rRANES IN M. i -o SECTIONS E-CCVCRS IN STANDARD 2-7I• LENGTHS' �--- a n , Type'X - - - -/- > ��ECTOO VE- ° YJx SOUP OR. -.: GRATED ► ECE -- �: 1OlT[D AT PLAN -VIEW .. H(T[GRAL CAST ANCNOi ANO• . TIC ANCHOR LVGS TIC LUGS SPACED e HI cm. Type Z Li OPTIONAL— Bolted Down Covers �. areas` of :fast heavy traffic, and in locations sere vandalism,ais,,a problem, covers are fre- quently bolted to frames as shown in the details to the right_`", [�a�es and lids are bolted to frames with stainless ,. el cop-screwL' U , Standard R-4990 and R-4991 trench drains are not furnished ;bolted.:'If this feature is required,. be . rin. t ,specify in your order. SECTIONAL . VIEW Furnished in Any Overall Length Required. �- on'Prot:edures •' - ' -Individual .contractors, specialized in the instolla- �'tipn of.,.trench -drains, have developed 4heir own`" -ii°_:.systems: of forming. Although we do not recom- :.mend';pny particular type of correct placement Cning, for those:contractors not experienced in the ,installation of '.trench drains, we have devel- - =: oped some suggested procedures which have been taken from established practices. See pages 260 to 261 for details 00000000 �J 1J 00 when covers Frames,.Gratesink —"-- M rK,p and lids are Mli s manufactured-�- ----------'=`''--- 11- o0 2maximum 24" lengths 00000000 �J 1J 00 when covers D 00 000000 00 0 are bolted to frame sections. -� --------- -- Type "A" G�wte with Type "Z" Frame Supports . . . Trench Type D solid cover with Type L frame. Note anchor and tie lugs. } Suggested`;Forming`Procedures`For,."`;�7, lnstalling' Neenah Drainage.:Structures= =- -- For those contractors who are not experienced in the instal- lation of Neenah drainage structures (R-4990-1 and R4999 Lseries), the following procedures are suggested as one way of achieving good results. The method is a consensus of various contractors who have used this system successfully. n Materials It is customary to use a good grade of weather resistant'!." plywood for forming walls. Construction grade 2 x 4's are r suitable for studs, plates and spreaders and 1 x 4 or 2 x 4 boaids for bracing. Sixteen penny scaffolding spikes and eight penny scaffolding nails can be used for fasteners. BRACES PLATE -V' SPREADER FRAMES /ABUT WITH POIT a ax vrtw FIGURE 2 Figure 2. Install a/a" plywood forms with studs, plates, spreaders and braces as shown. Be very sure forms are PLUMB, t STRAIGHT and LEVEL: All bracing must be secure to prevent movement of forms. SURE 3 r EAT 19 - FORM LJ Y ' - TYPEYFRAME TYPE L FRAM OF A E - OETaW_� v DETAIL "A" DETAIL "B" r1 Forming Procedure Figure 3. Frame castings must be drilled by contractor (2 holes per frame). Frames are fastened to seat form as shown with, u O (TOCOEPEO42FX4STAKE' - scaffolding nails. Be sure seat forms EXACTLY match the seat'' . . n DEPTH a stzE recess in the cast iron frames. Type X and Z frames have a`. tapered grate opening recess — see detail A. The type L and' H frames have a 90° grate opening recess — see detail B:_Besure ROO OR WIRE MESR � seat forms are cut to match seating profile in the cast'NF. iron frame. Abutting frames are fastened together at joint • ; u FIGURE .1 ' lugs with '/a" bolts furnished with your shipment. Nuts should Figure 1. After excavating to the proper width and depth for be brought up snugly —but not too tight. Intermediate lugs ' the trench, locate bottom drain and effluent pipe at proper should be fitted with re -bar anchors os shown for additional grade and position. Install side form boards as shown and pour .. anchorage in the slab. drainage trench bottom. If plan calls for sloping of trench -t bottom toward drain, install pipe top 114" to 2" above first ` pour.. .G..r.o.ut concrete is used tosee. Illustration _ <. No`7 x�. - �- t . Be sure to make footing of slab wide enough to accommodate - - I trench opening and wall thickness.'' V Thr It is recommended the slab be reinforced with re -bars or wire Ft mesh. In addition slab can be keyed for vertical wall in accordance with good construction practice. a' tiiti L NEENAHXNV LJ r� n Forming procedures_ Continued Lj FIGURE 4 r' Figure.4. Caution: As you are forming, be sure: a. Forms are PLUMB, STRAIGHT, LEVEL and SOLID. Check both sides against each other and avoid twisting. vi b. Verify annular space allowance (space between edge of grate and frame) so grates will fit properly in space allowed. This should be. 3/16' to A!' See tables and details on page 258.. u FIGURE 5 Figure 5.'Back fill as shown and compact. Be sure slab thick- ness complies with plan requirement. Install slab wire mesh and bend .re -ban Qr slab mesh into proper -position. Pour slab I!^1 -and trench "walls. j A- FIGURE 6 n Figure 6. After concrete has cured sufficiently, remove forms. _. oaAuu GROUT _ n - GROUT-) T f 1 FIGURE 7 Figure 7. If trench bottom is to:be sloped to drain, add grout as shown. n - �.POUNDRY COMPANY: �, PLYWOOD STUD , �. 'BRACES . STAKE FIGURE 8. Figure 8. For deep trenches, bring forms to a point which will be twice the distance of the slab thickness from floor grade. Form and brace both sides of trench wall as shown, and pour. FIGURE 9 Figure 9. Remove outside forms. Extend inside forms to finished grade level and complete forming and backfilling some as in2to7. FIGURE 10 c )ER Figure 10. For bolted drainage structures, use some procedures except bolt grates to frame instead of using seat form. Set frames and grates on top of forms. Be sure tops of frames are level and match finished grade. Inside edge of frames should line up with trench wall. So that castings will not move during pouring, wire to forms. If preferred, every other cover can be removed to accommodate fastening castings to forms. This will assure perfect bolt alignment after forms are removed. General Comments: The forming details on pages 260 -.261 show the type X frame design. This style is recommended for best results. In cases where trench direction must change, special draw- ings will be furnished by our Engineering Services Depart- ment. These prints will show special lengths and cuts, corner frames and other essential information. Forming .procedures, however,. are basically the same. When trenches are narrow. and shallow, the heavy. type forming shown on these installation drawings is not necessary and modifications should be made consistent with good construction procedures. IrA i T AORTH i O1 OL O p ILL4 40 • s r SACNUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: n 0 Date:1-4.-17 /3;7po Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit for the following: C 0 <Y Filing Fee $ Postage- $ Cj Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk LEGAL NOTICE, C TOWNOFNORTHANDO 0 D VER VER BOARDOFAPPEALS LS NOTICE UIY23 1990 1 14 N h Otice Is OrObY 7d given thaii'l �a Board of will give a hearing at-the,,T0 he Board of Apl��Ais) 1.3 m ul I Andover, on Tuesday wn 13ulidIng.'Norlh, 10'North, evening,pe 141h day 4 h 1990, at 7-' of August of g ust -30 O'clock. to all part, es J.'. aPpeal Os Interested of Rite Gor�ajv - SW I in 141"' GO- 1501 Hearne Cj.,`,p0rI SIA, Lucia, Fl. t"uesting n. C, Port Sailt, t, a variation 7C. and Special permit of Sec -of S , . JZ P Sec. 4.13s, Para the Zoning 13Y Law 135 re X 4,135. Para SCIII. j of so .0 as to permit conshxt;,n 0 in. gle-farnily dwell- ing Within 259 Of h�gh water mark �ake Cochlchewlck a d of n Within too, ho I V*tated Welland r zontally Of ate,*'. on the promises, located at north side of Great Pond Rold. Y Order Of the Board of ftea� Frank Setio, NAC 7/25. &1/90 A. Chairtnan LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE July 23, 1990 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening, the 14th day of August, 1990, at 7:30 o'clock, to all parties interested in the appeal of Rita Gonsalves, 1501 Hearne Ct., Pott Saint Lucia, Fl. requesting a variation of Sec. 4.135, Para 7C, and Special Permit of Sec. 4.135, Para 5CIII, of the Zoning By Law so as to permit construction of sin- gle family dwelling within 250' of high water mark of Lake Cochichewick and within 100' horizontally of vegetated wetland area, on the premises, located at north side of Great Pond Road. By Order of the Board of Appeals Frank Serio, Jr., Chairman NAC: 7/25, 8/1/90 r a 3 AAL7- V= TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ArnmTIIM .... July .23 ......19. 90 Notice is hereby given that the Board of Appeals will give a hearing at the Town Budding, North Andover, on .Tuesday e-vening .......... the ..14thday of .... August .. • . 1990. , at .7.: 3 ®'clock, to all parties interested in the appeal of Rita .Gonsalves, .150.1. Hearne.C-t.-pp, Port. Saint Lucia, FL requesting a variation oand"5peciai' YermitCofofStec.ZS By Law so as to permit ............................ Pam. .5 C I I I .construction . of . single-family..dwelling .within. 25.0' of high water mark of Lake Cochichewick and within 100' Horizontally -of'vegitdted- wetland - area. ...................................................... ...................................................... on the premises, located at.. north .side. of. Great . Pond Road ...................................................... By Order o t �A�� 9C� Frank Serio, Jr., Chairman Publish in N. A. Citizen on July 25 and August 1, 1990 Bill to: Morgan Associates, Ltd., 4 Longfellow Place Suite 3602, Boston, MA 02114_ r 'eJ�^J11 l J� OF ,.o � OIF ICES OF: `,, it O° Town Of 0 a E vILDwZt NORTH ANDOVER r% OIVSER' .NTION HEALTH �SSAc"U5�s4 DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR August 15, 1990 Ms. Debbie McCartney Hayes Engineering 603 Salem Street Wakefield, MA 01880 Re: Gonsalves, Special Permit Application. Section 4.135, North Andover Zoning Bylaw. Dear Ms. McCartney, Pq - 120 Main Street North Andover Massachusetts 01845 (508) 682-6483 I would first like to thank you for appearing before the North Andover Planning Board at their regularly scheduled public hearing on August 7, 1990. At that meeting the Board opened the Public Hearing with regard to the above referenced application, and had the following comments. The proposed structure is in violation of setback requirements of the Watershed Protection District in three locations. The possibility exists to relocate the structure in such a way as to eliminate at least one such setback violation. Any driveway proposed for this site should be constructed of crushed stone and shall not be made of impervious material. Further, all runoff from both the house and drive shall be directed into a leachpit of a minimum of 1000 gallons with 1.5" crushed stone placed under and around to a depth of 24". In all areas possible the applicant shall show a no cut line in all locations within 100 feet of a tributary to the lake. The board is uncomfortable with the thought of constructing a dwelling within 100 feet of two tributaries and within 250 feet from the lake itself. The board understands that the applicant will be tying into the proposed sewer system, but it is the opinion of staff that this proposal derogates from the general intent and purpose of the Zoning Bylaw, more specifically section 4.135 paragraph 2.(B)1. The public hearing with regard to this application has been continued to August 28, 1990. Please be prepared to address all concerns as listed in this letter by that time. Feel free to contact my office with any further questions or concerns. Sincerely, Christian C. Huntress Town Planner cc: Karen H.P. Nelson, Director DPCD. Planning Board Zoning Board of Appeals Conservation Commission Dennis Ackerman n Morgan Associates, Ltd. r; c cAtr� �� 3 :r �. Ar"ttln .a kf•. 1835 ; �4_...... Ali TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION RECE 1YE0 owii 04G TO` 4 CtEZ NORTq !,`iClOY -R 4 Longfellow Place Date ..... September. 13, 1990 Suite 3602 Boston MA 02114 Petition No ...... M-90 August 14, 1990 Date of Hearing...September.11,. 1990 Petition of ......Rita Gonsalves........................................................ Premises affected ......North. side . pf. Great.i'Qnd..RQad................................. . Referring to the above petition for a variation from the requirements of #hu . S e c t iozi .4.13 5. . Paragraph 7C and a Special Permit from the requirements of Section 4.135, ......................................................................................... Paragraph 5C111 of the Zoning Bylaw so as to permit construction 'of single=family 'dwellin'g' within' 25'0'' 'ofhigh 'wafer' mark. of. Lake .Cochichewick. and .within .100'.. horizontally. -of .vegi-t.ated . wetland . area.. After a public hearing given on the above date, the Board of Appeals voted to ............ JbK ALLOW THE PETITIONER TO WITHDRAW WI xvermiktaxx ....... ............................. ........................................ Signed ,�Frank Serio,./J- . '4pJr .....;.Chairman..... .....Raymond .Vivenz.iQ , , , Anna O'Connor .................................... Louis Rissin .................................. Board of Appeals UN O{ the,, C\,6K- Morgan Associates,Ltd.* 4 Longfellow Place Suite 3602 OF OORTN o �m sSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #119-90 DECISION The Board of Appeals held a public hearing on August 14, 1990 and September 11, 1990 upon the application of Rita Gonsalvas requesting a variation from the requirements of Section 4.135, Paragraph 7C and a Special Permit from the require- ments of Section 4.135, Paragraph 5C111 of the Zoning Bylaw so as to permit con- struction of a single-family dwelling within 250' of high water mark of Lake Cochichewick and within 100' horizontally of vegitated wetland area on the premises located on the North side of Great Pond Road. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on July 25, 1990 and August 1, 1990 and all abutters were notified by regular mail. Since this hearing was under advisement, a motion was made by Mr. Vivenzio and seconded by Ms. O'Connor to reopen the hearing, the vote was unanimous. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The Board finds that the petitioner needs to get a more informative set of plans to show to them, and more imput from the other Town Boards involved in this project. Dated this 13th day of September, 1990. BOARD OF APPEALS Prank Serio, Jr. Chairman /awt- r 0 JANE SWIFT Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston — Northeast Regional Office JUL 18 2002 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY Waste Management, Inc. 26 Liberty Drive Londonderry, New Hampshire -03053 Attn: Dave Busta Dear Mr. Busta: BOB DURAND Secretary LAUREN A.. LISS Commissioner RE: NORTH ANDOVER GREAT POND RD. RTN #3-21880 RELEASE NOTIFICATION NOTICE OF RESPONSIBILITY; MGL c. 21E & CMR 40.0000 - On June 24, 2002 at 12:30 p.m., the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason lo believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to Waste Management, Inc.) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. This information is available in alternate format by calling our ADA Coordinator at (617) 5746872. 205A Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TTD# (978) 661-7679 (j Printed on Recycled Paper y Waste Management, Inc. Page -2- GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091.] There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory. timeframes. The submittals are as follows: . (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40..0311 through 40.0315, or is exempt from notification pursuant to 310. CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (3 10 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and Waste Management, Inc. Page -3- (4) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.05 10. and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of 'a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or (978) 661-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-21880) contained in the subject block of this letter. Sincerely, 7 sley B. Notification & Emergency Response Chief Bureau of Waste Site Cleanup MBC/cjc cc: N. Andover Board of Health, 27 Charles St., N. Andover, MA 01845 N. Andover Fire Headquarters, 124 Main St., N. Andover, MA 01845 Attachment: Release Notification Form; BWSC -103 DEP data entry/file r':,!canis. i I'll `, I'I j'- AND ADDA% Daniel a Mcphen _ •' ril_I I"'1_' 1 1 kill All clu Sophie F. and H- W :'i11 ! 1am T. & Wanda `I, r NVi_rl!cZ Simone T. Marchand �z idyl J. Kenneth Wm- u C`JIJf"i N. Thomas 't'a,, i rn Town G': North iVp, Own of North And,,,, Planning Boar,j Town of And,,,, Planning Doprd To,n of Nor _ Town of i'i1i.id: i:'tCII'1 I � c�I'iI"11L, _� 1:•i.%�:11 (j 7 ;; 60 4 J J 0-3 2, r':,!canis. i I'll `, I'I j'- AND ADDA% Daniel a Mcphen _ •' ril_I I"'1_' 1 1 kill All clu Sophie F. and H- W :'i11 ! 1am T. & Wanda `I, r NVi_rl!cZ Simone T. Marchand �z idyl J. Kenneth Wm- u C`JIJf"i N. Thomas 't'a,, i rn Town G': North iVp, Own of North And,,,, Planning Boar,j Town of And,,,, Planning Doprd To,n of Nor _ Town of i'i1i.id: i:'tCII'1 I � c�I'iI"11L, _� 1:•i.%�:11 (j �) Received by Town Clerk: , TOWN OF NOR,111 ANI)ovrII, MASSACHUSETTS BOARD OF APPEALS %!/ APPLICA'T'ION FOR RELIEF FROM THE REOUIRE..MENTS OF' THE ZONING ORDINANCE App 1 tcant Rita Gonsalves A,1,1, ,..,,; 1501 Hearne Court, Port Saint Luci_e., ------------------- - - -- Florida 1. Application is hereby made: a) For a variance from the requirements of Section4.1351'aragraph and Table 7C of the zoning By— ' 4.135- 5CIII b) For a Special Permit under ScctionParagraph of the Zoning By Laws. --- ---- c) As a Party Aggrieved, for review of a decision mad(- by the Building Inspector or other. authority. 2. a) Premises aff.ecterl are land X uul l,uil.din, Great Pond Road ---- XXXXX . --- b) Premises affected are property with fronta c or th(: North(Xt South ( ) East ( ) West ( ) side or. Great Tondo Road SNyEli:6-y-, and known as No. Great .Pond RoSd c) Pxen,ises affected are it, Zoilir,g Di ;trictRl and t.h(l r.cmi::es affected have an arca of 45894 ::,ln:lre 150 ---- feet:. 3. Ownership a) Name and a,_Idress of owner (if joint ,:>,dncrrIli p, ,div,• ,,LI. Rita Gonsalves, 1501 Hearne Court, Port Saint Lucie, Florida Date of Purchase 2/12/1988 1'rcvior,; r,,dnrr. Michael A. Parziale '111 b) If applicant is not owner, check his/her interest in t.hc premises: --Prospective Purchaser '( 44 Size of proposed building: 80' front; 30' feet ricopl* Height 2.5 stories; ----Leer. ---- -- "�' a) Approximate date of erection: within_ 60 days following expiration date of - -- --- appeal periods. b) Occupancy or use of cacl, rtr>or: Single- fami l.y-home -- c) Type of construction: Wood Frame 5. size of existing buitdi.ng: N/A fr.:e r. f r•,n 1. f, •1 l r•,,; Height stories a) Approximate date of erectint,: N/A b) Occupancy or use of each floor: N/A c) Type of construction: N/A '' 6. Has there h(2en a hrcvioun I) I) l un•1,•r' �.rnin,t, rn, kh,•r t,r,•mi ... NO If so, when? 7;,Description of relief sought on this petition ..,o build a single family structure within .250r of high water mark of Lake Oochichewick aed •with" 100' liorizonta�ly of yegi 1 at -pd wPtlan� en 8.•'.. Deed recorded in the Registry of Deeds in Book 2677 Page 72 Court Certificate No. Book Pnge :The principal points upon which I base,my application are as follows: ;•,(must be,stated in detail) S�: The proposed use, construction of_a single-f.ami��home, is_consistent with Ae allowed use In tFle Rl Zoning Dyis rich Ans;m; larly, A _consistent with thIe existing.landuse to the northwest. As a conq 2uence of t ronc;crP„t land use, noaverse impact on theRl_neighborhood will occur asa reG �1�r �f the.',,proposed construction. Great Pond Road, a public wayin the town of North An over, is a paved^ I agree to pay the filing fee, advertising in newspaper;, and incidental expenses* • i natu-re of Petitior�er�s ?Every application for action by the Board shall be made on a form approved 1by,the Board. These forms shall be furnished 1)y the Clerk upon request. Any communication purporting to be an application shall be treated ;Is mere notice of intention to seek relief until 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 4herein:.:prescribed. Every -application shall be submitted with a List of "Partici In .Interest which list shall include the petitioner,.ahutters , oinu r, or. land directly 'opposite on any public or private street or way, and abutters to -the . ;abutters,within'thrcc hundred feet_ (300') of the property line of the petitioner as they appear•on the most recent applicable tax list, " ;notwithstanding that the land of any such owner is located in another city ^,r -or town, the Planning Board of the city or town,,and the Planning Board of ,., .:every abuttiing city or town. r ..'.*Every application shall be submitted with an application charge cost in y :the amount of $25.00. In addition, the petitioner shall be' responsible r�,t...,. ;for any and all costs involved in bringing the petition before the rloard. Such. costs shall include mailingand publication, but are not necessarily.t-' -limited to these. p Every application shall be submitted with a plan of: land approved by the Board. No petition will be brought before the Tloard unless -;aid plan has been submitted. Copies of the hoard's rcgniIr-cments regar.diiig pians are ' attached hereto or are available from the Board of Appeals upon request. l LIST OF PARTIES IN INTEREST r ga&way 'traf f.i c I V 5� Al x r �. C of sufficient geometry and sight distance to accommodate the propped and installation of the sanitary sewer line, as shown on the atta6hed plan. 14. �L 1; • L FILE RECORDED IN ESSEX NORTH DIS'T'RICT REGISTRY OF DEEDS I300K 2677, PAGE 72 grant to 21TA C—,O . -AUET or f So ( ►�t-xl¢�.�C �outzrt PocZT' ��,.�-- Lvclf"t �C.DQiT� 334s 2 t � with iTuitclaitn ccr-or"nt. A certain parcel of land on the northerly side of Croat Pond Road, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot 11 on a plan entitled "Plan of Land Located in North Andover, Mass., Owned by Richard F. Parziale", Scale 1"-50', dated March 1985, drawn by Merrimack Engineering Services, Andover, Mass,, filed with North District of Essex Registry of Deeds as Plan 110041, Said Lot 11 is more particularly bounded and describaa as follows: NORTHERLY by land now or formerly of Angus Realty Trust, in two lines having a total length of one hundred fifty and no/100 (150.00) feet; EASTERLY by other land now or formerly of Richard F. Parziale, being Lot 12 on said plan, three hundred nine and 97/100 (309.97) feet; SOUTHERLY by the northerly line of Creat Pond Road, one hundred fifty and no/100 (150.00) feet; WESTERLY by land now or formerly of Joseph and Patricia ©ertolotta, three hundred fifteen and 60/100 (315,60) feet, Containing 45,894 square feet of land according to said plan. Meaning and intending hereby Co convey part of the land conveyed to ❑e by deed of Richard F. Parziale to grantor Michael A. Parziale dated 24 April 1986 and duly recorded -in the North Essex District Registry of Deeds in Book 2176, Page 13. E ed as a scaled instrument this (2 day or 1956 c � Thr Commonfner.lilt of alinea"1611aetts + rl Ili EHT 1-0 ADPL I Enl- I ON FOR ( E_ 1='C=i i r iL PERT', 1-1 LI;_,T OF(='ARiIES Iit Ifs L -:EST GREAT FOND RC1.=aD 1`1OR'TH ANDOVER:, MASSrCHUSETI-S >l. AlfrOd ` L= E-iF-Itwood ( vc-nt_ie 1. C) 14�_� VL7n:JClIV JJ /vV �L��✓C �`l`\I Joseph J. '< M. Patricia E,,artolotta /9 a s- � �G= /}Y-- /�c��r✓ /L��]-Q �• <r'uoc��,-,-; �)i��l S- J c) Frank: J. Ragonese If r7 3cj D - /4-41VO 6/rz'L AngL(s Realty Corp. cfp �t'y:irr/L 'l�}j Ni lrz tt�'>< f 1 U'7? 05("JO�J 57-, N. Daniel A. �< Joanne E. McCarthy 1 /US JS6,-)oU SY ,v o , /�,✓Ua��-/Z c� I N (- '� Lynn S. Seinberg c%1/%,<. S rtes A),,J r l/ yS oJ-Gc�ur' ' Sophie F. Haplje y //,:qI '= Ralph D. °< Patricia Finn (moo{{ c2 / F/L c --IV c(7L Fi}�c /Z�) 111j AlJ C` William G. °< P::a.th,_ri.ne Statl)vs 3 /=/zFr�c,��zv� �.�,D NC), Fred L. Ill: F, F athy A. Doi_tchc�,i-. tic ✓V7 /1-04/j No, 14-Alvc)vt.=/Z- o/sus- �` _ Antl'iony J. F'a.tricia ;. !__onto '7'i. f�ichac:I. J. II ach - � J' r /Z t=it/ C// �/} /z � V! /')-� ✓t v:� .V � , l �:-V C/0 L'c=/' c p J. E. 139 Pai_i 1. f.. � 1 c;: ander rtir, in Inter. L,st_ (cont. ) Gr% ctl Pond rioad+ IUor-. "tic! 11 fdAl'1L AND AL'C)RI SS Daniel C'. - h IVO, o Stepen e d - �T, C,onna L. Ha,:;trocola L/� frZCrvcFF f= 2� 1'6)46) QVC) NOvvc'/� r•1arY G. Se>ti.to ,� 7 � F/L � ltlG(-f- f=<y-/L✓�1 i,.�rr'd N� �},vf/v ��r'2 Danir'1 °< Annette I;. Ar_crc,I i 4 Sophie F. and Kcnnetl,l �5�V TF 5 7 FL, 3 3/ ys l�Ji 1 1 iam T. ?< Wanda j. Aver'i:a SI -7 C�-•2c`!�'r- �'v �U d /'.<4 /t0 �j�l 4-N Cr v rte Simone T. Marchand G i2Cf�r` f�vyt�rJ Fr°Q /U0, t,Ji 11 iam J. , I::enneth Wfrr. , Evon Thomas yamain ,�,� 7/ 1�Lyw1�c.��f Srt• S`e;i�viZ��rC j�lf/, o .�S'7�/ T owr,, ' of Ivor tl Andover' ^1 N //-L �-- l'LI41jv SYiLL-�Y Ivo, /7NQuVeW- Gl�) 4 _ Town o1 North Andover• Planni.ing Board Town of Andover. Pl,--knning Boat -d Toren of North f;taclin.3 1='1<_.nni.ng ;o«rd Town of I1idcJlcton Pla.rining (_k_r=irii Town of Down aT r-lrr�v_=l.an:.� I-`lanr.in-DO ;r'd Down of I uwn of CitY of L_•,.wrc:r,_:,-, 1='].=,nn.';nu Ci-�.,..,rl_rnc:nt.:: Received by Town Clerk: t RECEMED DA41EL MNG Town ) 6X NORM MTOWN OF NORTH ANDOVER, MASSACHUSETTS NOOVER ' BOARD OF APPEALS ��/ : 37 AN #9 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE App lican c�l/-/¢__! Address /1/t,(/� Cd c(27 <cl2tZ) 1. Application is hereby made: u a) For a varia ce from the requirements 'of Section`Paragraph yd Table r' of the Zoning By Laws. b) For a Special Permit under Section q'r aragraph _of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected arc land and building(s) _numbered Street. b) Premises affected are property with frontage on the North A South ( ) East ( ) West ( ) side of,( Street, and known as No. F-, Street. c) Pxemises affected are in Zoning District, and the premises affected have an area ofq square feet and frontage of feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): U ALE Co "Y- /104 j� std` 4 K C I Al r4iii Date of Purchase /o�%��(��Previous Owner b) If applicant is not owner, check his/her interest in the premises: -Prospective (explain) Prospects a Purchaser Lesee Other (pl i ) 44 Size of proposed building' front; 3r) / feet deep; " Height stories; stories;�r e� *feet. a) Approximate date of erection: w,/y_ !EO /J/AcLOLU/A/d b) Occupancy or use of each floor: S/IVGLt /=/4ft?/L j/uaP c) Type of construction: W0041 �/AA_fIF 5. Size of existing building: _ feet front; _ feet deep; Height —_stories; r feet. a) Approximate date of erection: . T-•fes — b) Occupancy or use of each floor: C) Type of construction: _%Vv�- — G. Has there been a previous appeal, under zoning, on these premises? (� If so, when? r •' i' 1 �?�` /14-0 Le h f /PJL•LF F4Af/4y l Description of relief sought on this petition , �(c>`�� tcy�y,�f/,t/ 0Z c9 F iv -h' 4u4e/L- M ", k o ��¢ (c o Ni �� =r v�.Cw,e AAA a cu �.s�i,c/ ,rvd.. •' ��/ � Z o1z�.jl d �`= U L= 9 L�1`c�, _ � k .L`e�erD�' �,.. �4�/9-. ' ' i ...,Deed recorded in the Registry of Deeds in Book o?G.%% Page '2,2 Land. Court Certificate No. Book Page • ie principal points upon which I base my aoolie,rinn Trp ,G fnllnwa! iUst be The pro .,ed use, construction of a s le -farm] hcxre_ is axisistent with the ' allowed usein the Rl Zoning District and, sijnilarly, is consistent with the existinq land use to the northwest. As a oonsoquenfle of this 5istent_ land use, no adverse impact on the R1 neighborhood will occur as a result of the , proposed construction. Great Fond Road, a public way in the town of North Andover, is a paved roadway of sufficient geometry and sight distance to -- - aoeomodate the proposed traffic and installation of the sanitary sewer line,shown : on the Hched n. agree ,.,, r�r a%Sri=- L:I L.LIIV fee,' a V%t L wising in newspaper, and incidental Signature of Peitio ererjs !ry application for•action by the Board shall be 'made on a form approved the Board. Thebe forms shalt be furnished by the Clerk upon request. ;_ r communication purporting to be an application shall be treated as mere =' :ice of* intention to seek relief until such time 'as it 'is .made on the :ficial application form. All information called' -for by the form shall furnished by the applicant in the manner'thereiw,prescribed. :ry-application shall be submitted with a list of••"Parties In Interest"• ch list shall•include.the petitioner,.abutters, owners of land directly losite on any public. or private street or way, and abutters to the ; tters;within'three hundred feet (300'.) of the property line of the ..; i.tioner' as they appear.on the most recent applicable tax list, withstanding that the land of any such owner is located in another city town, the Planning Board of the city or town,, and the Planning Board of ry abutting city or town. ary application shall be submitted with'an application charge cost in amount, of $25.00. In addition, the petitioner shall be responsible any• and all costs involved in bringing the. petition before the. Board.;::.: ;.'a'•(' L costs shall include mailing and publication, but are not necessarily..' i ted to these. :'•:; -y application shall be submitted with a plan of land approved by the -d.• Nopetition will be brought before the Board unless said plan has ;. i submitted. Copies of the Board's requirements regarding plans are ached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST .. ; . V 5� Aje-x T P e ,. RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS BOOK 2677, PAGE 72 ,'03 FILE + grant to 21TA G0W5,AUlEI of I So (,DL)O- P02i' t LVCt e't �`l.DQ1m 3 3 4S 2 with quitclaim cabenants A certain parcel of land on the northerly side of Great Pond Road. North Andover, Essex County. Commonwealth of Massachusetts, being shown as Lot 11 on a plan entitled Plan of Land Located in North O Andover, Mass., Owned by Richard F. Parziale". Scale 1"-501. dated March 1985, drawn by Merrimack Engineering Services. Andover. Mass., filed with North District of Essex Registry of Deeds as Plan 110041. Said Lot 11 is more particularly bounded and described as follows; 4 NORTHERLY by land now or formerly of Angus Realty Trust, in two d lines having a total length of one hundred fifty and a no/100 (150.00) feet; EASTERLY by other land now or formerly of Richard F. Parziale, �- being Lot 12 on said plan, three hundred nine and (309.97) feet; 97/100 r SOUTHERLY by the northerly line of Great Pond Road, one hundred fifty and no/100 (150.00) feet; WESTERLY by land now or formerly of Joseph and Patricia Bartolotta. three hundred fifteen and 60/100 (315.60) feet. Containing 45,894 square feet of land according to said plan. Meaning and intending hereby t'o convey part of the land conveyed to f me by deed of Richard F. Parziale to grantor Michael A. Parziale Q dated 24 April 1986 and duly recorded in the North Essex District Registry of Deeds in Book 2176, Page 13. o E ed as a sealed instrument this (2 day of 19se Oi Q � LLA 6t.c1as I c 14Y -I- tf Mhe &tntnantuealth of Mtteanchusette I. 11,=+P ATTACHMENT 1-0 APPLICATION FOR SPECIAL PERM I T LIST OF PARTIES IN INTEREST GF(EAT FUND ROAD NORTH ANDOVER, MASSACHUSETTS June -(':), 19i�-) LOT # IV.`)HE AND ADL)FtES S 61./ Alfred Matthews, III �5 Brentwood Avenue / 1=eaLody, 11A (.)196(-) (,z : Gonsalves /b -v1 ff C/i�'v✓t.' edqlZf- 33yS^a Irk tea✓ Joseph J. °& 11. Patricia l artolotta /9.2s" /'vwg /LINO /�uac�✓�,Z ��/8ys" 59 Frank: J. Ragonese ct 3y G-aA/O Fifa Atov� 2 7 Angus Realty Corp. %o 4 Ll IJF2 MOAMC), 1 0 7 7 05G-004 57,, N. 6sl d0L1'-rL 6 Daniel A. & Joanne E. McCarthy )N15- 0576000 Sr - 0 J'6- C9 0 ij Y0J•6-c90D S -y- A10- /4kV,(Ic) v£eL 3 �� y f� -� �-�Ziz c si W, 'm / .21 F/t F N c It FIgyL`4 /2) fi4 AUg IxtiG'U viw + te 9 r 3 > /=2FNC II ¢ AIZ-01 /Z�) %+D /vv, 4A'Oci v'1�-b' Fred L. III lathy A. Boucher 5's' %/Z 4 A/G /� �R.c ✓moi /2.0 44 N o , /•7-,v.vv � v4- 0 / f vs- S'�"`� Antl-lcny J. & Patricia A. Longo -s-3 FitE cll f:Zwe"P-L-1 lli) F% N(9, �1,rly t l�L Michael J. II & Maureen R. Salacl-1 `•`-� `� hJ__ �1 R. ?< Nancy E. Shaplei.g.t 77. 7,� /=2c�/(!G/,� /=r3-2vv1 1�.� ✓�� Nv • �'�-i+r�r o c'c"�L.. 144 List of Parties in Interest (cont.) Great Pond Road, North Andover. MA June 26, 1990 MAP L01- # NAME AND ADDRESS Town of Andover Planning Board Town of North Reading Planning Board Town of Middleton Planning Board Town of Boxford Planning Board Town of Groveland Planning Board Town of Haverhill Planning Efnard Town of Methuen Planning Boa.rrj CitY of Lawrence Planning Departruent. �5 F2OkC4t 11jaw 10, rlN��>v��Z ids r�.Z c—Hv +,ac -ay /")i4d Noy f9NWoL/&4) ss t FACA c 4 r=�L✓� �'D F2 FN G,ff � �42✓� /�/i t'% /�/� /¢�U O oi/�/Z w -14+- /o ►u d �� /vv Macchnad 455 10oW4 Aokre N0, Asq'dvvc=rZ S Vr William J.: Kenneth Wm., Evon M. s_< Thomas Yamain 7/ 1O'L y"(D c -H1 23 Town of North Andover ?1✓ Town of Norah Andover Planning Board Town of Andover Planning Board Town of North Reading Planning Board Town of Middleton Planning Board Town of Boxford Planning Board Town of Groveland Planning Board Town of Haverhill Planning Efnard Town of Methuen Planning Boa.rrj CitY of Lawrence Planning Departruent. HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 (617) 246-2800 FAX (617) 246-7596 August 15, 1990 North Andover Planning Board, and North Andover Conservation Commission Town Hall 120 Main Street North Andover, MA 01845 REFER TO FILE # RE:;�._Great Pond -Road - Rita Golsalves Noti-ce of Intent/Watershed Protection District Ladies and Gentlemen: NOA-0038 In response to the water quality concerns expressed by the Planning Board at the Public Hearing held on August 7, 1990, I have sent, under separate cover, revised plans and a design of on-site water quality mitigation facilities. This plan, revised through August 14, 1990, was submitted to the Zoning Board of Appeals at our Public Hearing that was held on August 14, 1990. I look forward to reviewing the design concept and site-specific improvements with you in order that the approval process for construction on this lot can proceed. I trust that this: information and enclosed copies will be satisfactory. Very truly yours, Carl F. Balsley, Jr. Engineering Coordinator CFB/dab cc: North Andover Zoning Board of Appeals