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Miscellaneous - 102 SOUTH BRADFORD STREET 4/30/2018 (3)
M Town of North Andover Office of the Conservation Department Community Development and Services Division 27 Charles Street Alison'McKay North Andover, Massachusetts 01,845 Conservation Associate December 23, 2003 Telephone (978) 688-9530 Fax (978) 688-9542 Scott Talbot 102 South Bradford Street d� North Andover, MA 01845 P �' ea -4u#- RE: ENFORCEMENT ORDER: Propertyt 70 Oakes 've Violation of the Massachusetts Wetland Protec c.131 s.40) and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. Talbot: On November 11, 2003 you were issued a building permit for the purposes of razing an existing house only. A previous building permit for the construction of a new house at this location had been denied by this department because associated work was proposed within the buffer zone of a protected wetland resource area. You had been notified at that time that a Notice of Intent filing was necessary for any work within 100 feet of the protected resource area. A conservation filing has been submitted, however, the Conservation Commission has not yet issued an Order of Conditions for the work. During an inspection on December 22nd, I observed that site work had not been limited to the demolition of the existing house as was approved. Extensive site preparation (i.e grading, filling, etc.) associated with the construction of the new house had also been observed. In addition, dewatering, to alleviate high groundwater from entering the stone filled new house footprint, was also observed. Dewatering outside of the buffer zone must be controlled and contained to prevent any migration of sediment into the buffer zone. Such controls must be approved by the Conservation Department prior to dewatering activities. The above activities are in violation of the Massachusetts Wetland Protection Act and The North Andover Wetland Protection Bylaw. Please cease and desist from any further work activities conducted within the 100 -foot buffer zone, including dewatering, until an Order of Conditions has been issued by this Department. Specific wetland resource areas affected by the work activities include the following: 100 -Foot Buffer Zone (NACC Bylaw Section 1.3). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ti ORDER: Acting as an Agent of the Commission under MGL C.40, S.211) and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating a cease and desist of all work activities located within the 100 -foot Buffer Zone to the Isolated Vegetated Wetland Resource area. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted resource areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected to levy a fine in the amount of $100. However, we reserve the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincerely, Alison McKay Conservation A sociate CC: NACC Julie Parrino, Conservation Administrator Robert Nicetta, Building Commissioner Michael McGuire, Building Inspector Ms. Heidi Griffin, Community Development Director DEP-Northeast Region file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/REV October 1998) <J Massachusetts Department of Environmental Protection �= Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ream A. Violation Information This Enforcement Order is issued by: To: North Andover 12/23/03 Conservation Commission (Issuing Authority) Date Scott Talbot Name of Violator 102 South Bradford Street Address 1. Location of Violation: DEP File Number: Provided by DEP Property Owner (if different) 70 Oakes Drive Street Address North Andover 01845 City/Town Zip Code Map 107A Parcel 144 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Site preparation activites (grading, filling, vegetative clearing) associated with the construction of a new house in the buffer zone to an isolated vegetative wetland without an Order of Conditions. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaforrn9a.doc • rev. 12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection � DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other (specify): See attached letter C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: see attached letter Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc • rev. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order i'Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures DEP File Number: Provided by DEP An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay Name 978-688-9530 Phone Number 8:30 - 4:30 / M -F Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatur s: Signature of delivery person or certified mail number wpaform9a.doc • rev. 12/15/00 Page 3 of 3 s I TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW i i 0160 DATE OF THIS NOTICE I dl a ��, ��� ADDRESS F ENDER - r� + IV (7I'jF, d fre J CITY.ST E, ZIP CO E DATE OF BIRTH OF OFFENDER ? vzr MV OPERATOR LICENSE NU ER MV/MB REGISTRATION NUMBER OFFENSE: t 1 v" 1, ri, - - ' 14 ^ .i! TIME AND DATE OF VIOLATION j (A.M.) (P.M.) ON �L�L+2.vtq Q�—f 20(,1..7' LOCATION OF VIOLAT AT © 0.1U.5 1 v' e - SIG RE OF ENFORCING ]UL FORCING DEP TMENT t✓A Oh I HEREBY ACKNOWLEDGE CEIPT OF THE FOREGOING CITATION X ❑ Ugable to obtain signature of offender. Date Mailed ®'Citation mailed to offender /J O THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office. 27 Charles Street, North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY I Town of North Andover Office of the Conservation Department Community Development and Services Division 27 Charles Street Alison McKay North Andover, Massachusetts 01845 Conservation Associate December 23, 2003 Telephone (978) 688-9530 Fax (978) 688-9542 .Scott Talbot S/ 102 South Bradford Street s� - 641# � M North Andover, MA 01845 ��- VIU�!> RE: ENFORCEMENT ORDER: Propeat 70 Oakes Drive Violation of the Massachusetts Wetland Pr C. s.40) and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. Talbot: On November 11, 2003 you were issued a building permit for the purposes of razing an existing house only. A previous building permit for the construction of a new house at this location had been denied by this department because associated work was proposed within the buffer zone of a protected wetland resource area. You had been notified at that time that a Notice of Intent filing was necessary for any work within 100 feet of the protected resource area. A conservation filing has been submitted, however, the Conservation Commission has not yet issued an Order of Conditions for the work. During an inspection on December 22nd, I observed that site work had not been limited to the demolition of the existing house as was approved. Extensive site preparation (i.e grading, filling, etc.) associated with the construction of the new house had also been observed. In addition, dewatering, to alleviate high groundwater from entering the stone filled new house footprint, was also observed. Dewatering outside of the buffer zone must be controlled and contained to prevent any migration of sediment into the buffer zone. Such controls must be approved by the Conservation Department prior to dewatering activities. The above activities are in violation of the Massachusetts Wetland Protection Act and The North Andover Wetland Protection Bylaw. Please cease and desist from any further work activities conducted within the 100 -foot buffer zone, including dewatering, until an Order of Conditions has been issued by this Department. Specific wetland resource areas affected by the work activities include the following: • 100 -Foot Buffer Zone (NACC Bylaw Section 1.3). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ORDER: Acting as an Agent of the Commission under MGL C.40, S.211) and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating a cease and desist of all work activities located within the 100 -foot Buffer Zone to the Isolated Vegetated Wetland Resource area. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted resource areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected to levy a fine in the amount of $100. However, we reserve the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincerely, 4�1 - Alison McKay Conservation A sociate CC: NACC Julie Parrino, Conservation Administrator Robert Nicetta, Building Commissioner Michael McGuire, Building Inspector Ms. Heidi Griffin, Community Development Director DEP-Northeast Region file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/REV October 1998) Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ream Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 A. Violation Information This Enforcement Order is issued by: North Andover 12/23/03 Conservation Commission (Issuing Authority) Date To: Scott Talbot Name of Violator 102 South Bradford Street Address 1. Location of Violation: Property Owner (if different) 70 Oakes Drive Street Address North Andover 01845 City/Town Zip Code Map 107A Parcel 144 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: DEP File Number: Provided by DEP Site preparation activates (grading, filling, vegetative clearing) associated with the construction of a new house in the buffer zone to an isolated vegetative wetland without an Order of Conditions. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaform9a.doc • rev. 12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order i Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 B. Findings (cont.) ❑ Other (specify): See attached letter C. Order The issuing authority hereby orders the following (check all that apply): DEP File Number: Provided by DEP ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: see attached letter Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc • rev. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay Name 978-688-9530 Phone Number 8:30 - 4:30 / M -F Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Sign atur s: Signature of delivery person or certified mail number wpaform9a.doc • rev. 12/15/00 Page 3 of 3 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW 016( NAME OF OFFENDER ADDRESS OF OFFENDER ( I0 S®rw� d fre�f CITY. ST TE, ZIP CO E DATE OF ,' E r ©I8 MV OPERATOR LICENSE NU ER MVIMB REGISTRATION Ni ! OFFENSE: tt � yy j �j UJG i -I "C V, T1 Q w � Ih Y. �2$o.arc� t�j l,ti;" txl Art orGlei- �f P � TIME AND DATE OF VIOLATION (A.M.) (P.M.) ON �?CpAnb 2r— � f 20 C)3 LOCATION OF VIOLATION AT D 0aLre_,5 e- SIGNYYRE OF ENFORCING PER FORCING DEP TMENT Or1 I HEREBY ACKNOWLEDGE CEIPTOF THE FOREGOING CITATION X A ❑ Usable to obtain signature of offender. Date Mailed /,A ®'Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ `©`'� leo YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office. 27 Charles Street, North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resumng criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 210 non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY si FO 0 z m CID J— O� L M tu 1 'I O v O 4A E CDO r O Z 7 O D coo I =3 C O ca CD E.2 .CA E c ts4L CD 1 ¢ sl Cl)to � cc ®_ mc0 L o go ey 0- o � CID `° 7 O y � w° ao' U w V �,\ � cn Iw o c�' w w cn cn m CID J— O� L M tu 1 'I O v O 4A E CDO r O Z 7 O D coo I =3 C O ca CD E.2 .CA E c ts4L CD L :o2 C H CD •fl -o cc ®_ mc0 L o go ey 0- o � CID E ¢ 000 O O J •� � y � [ N t m •– ..r �.t V o CD s 2 O N C CD cc C, $ Ila! COD.. c;:. 0. CA N O:m3� N R ta: E nCD CD� m c oQ ^..� :mom �: V y z CL m N m C H y ® ~ W C Oy=•.�Z O LL m �.. C 05 •N •dC C p_ W = a+ •E V p V m m V p .O C C O 4D.0 '� :0 N •= CL*- Co m CID J— O� L M tu 1 'I O v O 4A E CDO O Z v CD 0. O D y C I =3 C O ca CD .CA E CO. CO M CD 0 co CD CM. o ey 0- O CMQca f1 = = O O O J •� � � ztsa, o V H O C C cc �..i 0. CA 0 CD CD irW w crW VJ v �� - �.1 Q c � � �- � � � �'`` ��, c� S � t �) � �� � �� �I l � R Al- sli For Date Time-P.m. WHILE YOU WERE OUT M Of 0 Phone O Fax 0 Mobile Area Code Number Extension TELEPHONED PLEASE CALL WANTS TO SEE YOU URGENT CAME TO SEE YOU WILL CALL Message Signed AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL SPECIAL ATTENTION Scott A. Talbot 'Senior Mechanical Engineer ZOLL Medical Corporation 761229-0020 32 Second Avenue 128-9150 EA. I Burlington, Massachusetts 01803 4420 780 229 0566 -releiaz.th U.S.A. Email: stalbot®zoll.com S 01,'`w'0 • %?�� 0L �°- �9SS^CHUSQt 1999 1�'y1 20 ri`1 !' '0 NORTH ANDOVER /57, OFFICE OF��� THE ZONING BOARD OF APPEALS 27 CHARLES STREET Any appeal shall be filed NORTH ANDOVER, MASSACHUSETTS 01845 within (20) days after the FAX (978) 688-9542 date of filing of this notice NOTICE OF DECISION in the office of the Town Clerk. Property at: 102 South Bradford St. NAME: Scott Talbot 90A Rockwell St., Malden, MA DATE: 5113199 ADDRESS: for premises at: 102 South Bradford St. PETITION: 008-99 North Andover, MA 01845 HEARING: 5/11199 The Board of Appeals held a regular meeting on Tuesday evening, May 11, 1999 upon the application of Scott Talbot, 90A Rockwell St., Malden, MA for premises at: 102 South Bradford St., No. Andover, MA, requesting a Special Permit under Section 4.136, paragraph 3c(ii) (6) of the Watershed Protection District, for construction and expansion of a 2nd floor addition by,more than 25% to an existing structure, said property is within the R-1 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 4/27199 & 5/4199 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Ellen McIntyre and 2nd by Walter F. Soule, the Board voted to GRANT a Special Permit from the requirements of Section 4. 1,316, Paragraph 3c(ii) (6) of the Watershed Protection District for construction and expansion of a 2"d floor addition of 936 sq. ft., which exceeds 25% of the size the existing structure which is 936 sq. ft. in accordance with the Plan of Land by Scott L. Giles #13972, Registered Land Surveyor, dated 5/11/99. Voting in favor: William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre. The Board finds that the applicant has satisfied the provision of Section 9, paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. 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 and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. Board of Ap eaD William J. S Ilivan, Chairman Zoning Bo I rd of Appeals ml/1999decision110 BCAJ2D OF APPE.yLS 688-9541 81JILDINGS 688-9545 CONSERVATION 688-9:30 HEA TH 6D-9540 PL A.NMN'G 6SS-9535 7 4 I � y � m /k" p l 7 69 � 2 0 v m 80 O mOmm x, N Zba nm Z O cu Cl) 2 m p2 in G)2co O ��lp CO 90, -_p= �nl`r0rri m� � O Q OD �rn m cx �] w X00 N l 7 69 � Sr. it n �a v oyl 80 O Z° x, < n nm Z O m s� S�One 90, v�y� �nl`r0rri 11 �A �;oc= rp Z Sr. it n �a O oyl 0 o ti Fn C Z � off, a O mc" O -. S�One 90, mmn,m O oyl 0 o ti m C �] � off, r1 mc" O -. y _ 26 v�y� �nl`r0rri 11 oSmp �;oc= rp Z cx O X00 G) Cl) 4�_ ,Q N O 7 O Z mmn,m ?on oyl z'i -i�i� nl yyno��° � off, r1 mc" � °rl °~ nomniC)C,) za°a0= �O_ �0��000 �;oc= rp mmn,m min=Zoe z'i -i�i� yyno��° Amo °rl °~ nomniC)C,) za°a0= �O_ �0��000 �;oc= rp �Q=�m� rti aN m—� =~ami=m X00 G) Cl) ?O�maso Z Z 0 a co STREET 94.40' /-' Stone Wall,, z I�il t MURTyy\ 9 r x NORTH ANDOVER OFFICE OF THE ZONrNG BOARD OF APPEAL, 27 CII -LA -P --s S -j -RE=- NGR-i : ANDOVER, I L ssAci L`sc-S 0 iS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of Scott Talbot, 90A Rockwell St., Malden, MA for premises at: 102 South Bradford Street, North Andover, requesting a Special Permit under Section 4.136, paragraph 3c (ii) (6) of the Watershed Protection District, for construction and expansion of a 2nd floor addition by more than 25% to an existing structure. Said premises affected are land and buildings on the South side of South Bradford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 Legalnov/17 �m �ooc�W�p �7oo7ID mmfnoao-Omy �N���m�,O� U,oe m Z m w v D_. z O D < Co w_ c� a- �� ��3 C=L, L 0 o �� 2: m o X O y u °� "N? cOw w "O Nj ° m om Or,O� a CD �� v, 3.o.°c a x.° w- �� m ° >-01D-0 _ OTS r a m d ° s a r~� ° :r o Zy� I m Z- o o m DZT D m ��Z� Iv,p fn w m.o w O2 O D_ m m o c w T --D v = °oom�mp'rn°a3o3o O°mow S- sQ;nOEI -ZmZ ui o cc fa m`w°°° Dv��ns3oc0�oy--��oo�DO O 0 n 7 ry ` o� N�w^.�m��2m��� a�D������ D`;�D���OOO J J N �DVCi =ASO O- nrn .7 NNONm..N C.� N� ND m SC-0OW (0CDN (: _5 ID m�y0N°ID 70 70 yp1-�w D70w°m 5ati���o�, wc�om°��mmw..��cc,°-'�° M �3w�n �wm�=(D ^om �o�3m���cn_ -ao?_ MRcn° Aj 7 U O pK; ,n ° (p S7 a c t MORTIy . 0 ■ NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEAL 27 CHARLES STREET NORTH AiNDOVER. MA SSAC: USETTS 01 S 5A.:K (978) 638-95-x'' Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of Scott Talbot, 90A Rockwell St., Malden, MA for premises at: 102 South Bradford Street, North Andover, requesting a Special Permit under Section 4.136, paragraph 3c (ii) (6) of the Watershed Protection District, for construction and expansion of a 2nd floor addition by more than 25% to an existing structure. Said premises affected are land and buildings on the South side of South Bradford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William I Sullivan, Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 Legalnov/17 v yo;3Q3" oo g35§.- .a M im «3tnW� �W5�' on�omd3•n^` yog2121 �D5^o = Z M (o 0 wCDID(nvaa�..w o� �o mopo No 3_. m O V� W�3nma�1,No(AI CXD �w1m^�N=,W11 0y3am5.O0N0 a :CTD- CL °vm��~�s�= ZtA3Dmw��Z�caoiDOzTD r y r2 m s�Z�3o c CL W m N.o O C �w 3r Dew a.",a0.0 vZnZ Z m c�oOo<�Sm6m�m3a3 3 ao 0=:����o�oNm��ao°CD>WOO G 3. inQ 3- p o 'c N_ s� Qr0 -h0 fD -1 D �'• 3 o a n w a rn 3 0. m p m o: iD a' a N D m ��0 0 > 03 (O� C nCD Q' N 7 �� j �c n- ro O'D. O o.3• -#m -0 13 D �P1C�R1 DyO3p(D 7��n(DN=�.��<p N(n 4N"~�l<D O�NN l/ 9 ¢<l w a K' ( 0 S p 5 C o N o 0 7 7 N (D � O. N_ d D. O S S �% D.. U) E�O-_RD OF. i'P° J JJJ- i [_7 I GS 658-9=1` C0NSLRV.T:O!v 6 2S-9f3O " Received by Town Clerk: JOYCE. 'iii? ,[?cf ,w T00 CLERK NORTH A m\'ER TOWN OF NORTH ANDOVER, MASSt SE' TS8 "9g BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Seot't� ��p Address 9(s s\ Mile O2 t`ib Tel. No. ?81 3ZZ ti LqO 1. Applicant is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a Special Permit under Section H-13 Paragraph 3C (0 (b) 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 X and building(s) numbered 101 Gr-,tSo%- & Street. b) Premises affected area property with frontage on the North ( ) South 00 East ( ) West ( ) side of _��, S0s gro's-ck _Street. C) Premises affected are in Zoning District 91,J-- and the premises affected have an area o f _3. o77 square feet and frontage of _2-10,_11b feet. 137 Acre 5 I Ownership: a) Name and address of owner (if joint ownership, give all names): Date of Purchase'l'3Previous Owner. Peter 10t v; eS b) 1. If applicant is not owner, check his/her interest in premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required 5 of 8 4. Site of proposed building: 3(o gcet front; a (0 feet deep; Heigh a Hei t stories; feet. f��Pcc�x a) Approximate date of erection 1V k C b) Occupancy or use of each floor: Qr �+�o•�r �2 a,2 n - c) Type of construction,Ac�. 5. Has there been a previous appeal, under zoning, on these premises? n_% When 6. Description of relief sought on this petitioQx "Z". � \3�'t'c 7. Deed recorded in the Registry of Deeds in Book432'a No. Pagek �IB Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 449c' awn), -0A I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner (s) 6 of 8 v -IST OF PARTIES OF INTEREST UBJECT-PROPERTY.." aP PARCEL ILOT I NAME ACORESS 1,BUS T ERY -P i ADDRESS ----- PARCEL LOT NAME .AP il rc go j v S., 43r, A d nj - jr,!i oil 41* :53 1 0 os-, 7— e-.,- 00 m- 14- --fA , c 0 /71 Fey 09 f, c - do, 1-tl- a WORK SHEET DESCRIPTION OF VARIANCE REQUESTED 7 of 8 -A ZONING DISTRICT: l Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area r /-3 U U, 607 Street Frontage ' Front Setback (s) 3o "V/X Side Setback (s) 30 N �� Rear Setback (s) Special Permit Request: _ r l� 7 of 8 3 IM9 SCOTT L. GILES, R.P.L.S. 50 Deer Meadow Road North Andover, MA 01845 683-2645 TO THE NORTH ANDOVER PLANNING BOARD THIS IS TO CERTIFY THAT CONSTRUCTION OF A SECOND STORY AT #102 SOUTH BRADFORD STREET WILL HAVE MINIMAL EFFECT ON LAKE COCHICHEWICK ESPECIALLY IN VIEW OF THE FACT THAT LITTLE OR NO EXCAVATION WILL TAKE PLACE AND THE ROOF AREA WILL REMAIN ESSENTIALLY AS IT 0000TS NOW. VERY TRULY YOUR SCOTT L. GILES R. P. L. S. LAW c3/�a�Q9 4� Q The existing structure is a 4 room ranch home built in 1956 with 2 bedrooms and 1 full bath. The home has a full basement with poured concrete foundation and a 2 car garage attached by an enclosed porch. The garage has a heated finished space on the second floor. a os t .' \ � � r`IS Ta 6� u •tt •� rP/�Qi `� ve 41 , 3 !o � L 6 , r � � }► ori, <+ ^" � 3� �/ ►e ti 00 do l�"�. / •,\ '1� t1 a x!41 .� �� yr - 5 -r� u~ �t :\ ,,,✓ � T � /lam � i i �� 4 y51 4Zi. 3 �'�\'" � r• � _ 69 ! fj Ufa .�. r ' s1 -sc A4t7d. 44 91 - 94 r. lot 105 to ' LZ ` 82 .► cap Q jJ7 was r. O RoA �+ ?o d f /Z tip ► �� \. ��� all �� VIOL? - -- LAJ _ 3,t `b9`e 99 �� !n • JAA t.2 s� e Z ace ; ' r? cochicheu)iek . j ��=`, y,^y:`:' ,a _ \<e_ 'r, A7 NO. 63 13381S U - Z a 0 O h J Coo) a 3 �C6 Q �Li�2 Z uj Uj �' a =cl �t-cco o C N a a o�Z ujr- �-z `KWIC>W-W 2��, Q Q o6 tr Q OOZ co ozo Fzo� co � O LL! CC mQw co LL OZ Q o 0 Q o oa W�OWQ(,)— a)cov)v)W= O ��W _� �p?=Q?W p WWWW33z � �JI-ctOZO U - Z a 0 O h J Coo) a 3 �C6 Q �Li�2 Z uj Uj �' =cl �t-cco ZZWO Z M W¢�SWZ ujCOco ¢ C6 o cc a o�Z ujr- �-z `KWIC>W-W 2��, ��sOWJ�c� 1-WZ QCC� OOZ co ozo Fzo� co � O C) cxn 3 tiW0 Wti4Q �ZOWWOO Uorco W�OWQ(,)— a)cov)v)W= O ��W _� �p?=Q?W p WWWW33z � �JI-ctOZO M U 'o oW 0 10NKr c) O qLLi O WO^ cnCON O ¢pZ N. LU� Oa Nd Z 11 WJ >Q LIJ C) CL Z Q Q LL _ �C� �N C Z O m Z W W O U z 6 Z W O L O a a Q O U O 1338LS coi CO Q O t4 I'S z ��� a 3co Qz�uo wz x ,� M z ozz U0Cx wv=,�wQ�Z Lu P %KQWctQWgW Q�w� CE QajLL� =tea, oozrtoo0>. f`wz OCK Q: it Z(f) OQZg �QW 30�j}002 � coCL LL LL 0 00 USO �O 10 LuWDyWC) WOOWQ�4 �STt I Lx LLI U ti-i1Z—QOZO N W Wi ct 00U 4 ao r: Q Q. ZQ �w C QLL O K,N� o �=y o�W o� Z O Q � O Rco ow DO Cf) N I'll WWIW c O a F=- U Z Z Z L O LU O Z W O O c ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" ' JUNE 1,1999 PAGE 5 provide evidence 'that the shape, soil and typography of the land is different from the evidence submitted in 1996 and to verbally present the information at next month's meeting, relative to Section 10.4 of the bylaw so that the petitioner meets the requirements to allow for a variance to be granted. Scott Giles nor Mr. Gann were prepared to submit this information tonight and requested a continuance until next month's meeting. Mr. Gann signed a request to waive the time constraints (request for the record). Upon a motion by Walter Soule and 2nd by George Earley, the Board voted to allow the petitioner to continue the meeting until next month. Voting in favor: WJS/WFS/GE/EM. PUBLIC HEARING: Scott Talbot, for premises at: 102 South Bradford St. George Earley read the legal notice. The petitioner is requesting a Special Permit under Section 4.136, P 3c(ii) (6) of the Watershed Protection District for construction and expansion of a 2nd floor addition by more than 25% to an existing structure. Scott Talbot was present to represent himself tonight. Mr. Talbot stated that he wants to put a 2nd floor addition as his family is growing and his wife is expecting another child, he needs the additional space. Chairman Sullivan asked what the size of the new addition will be, as this information was requested by the ZBA at the time the application was processed, however, it was not indicated on the plot plan or on the mylar. Please note: In order to expedite this information Chairman Sullivan requested that Scott Giles, Engineer, comply with this request and it was verbally stated that the existing area is 936 sq. ft., and that the addition is 936 sq. ft. total sq. footage is 1372. In order to avoid any future delays to any petitioners, the ZBA asked that Scott Giles include this kind of information on all plans he draws for all petitioners and to include this information on all future plans prior to the time the application is submitted for processing. Chairman Sullivan asked if anyone was present in favor or in opposition tonight. No one was present in opposition tonight. Chairman Sullivan stated that Mr. Talbot should go before the Planning Board to address the issue of the pool because the issue is relative to the Watershed. Upon a motion made by Ellen McIntyre and 2nd by Walter Soule, the Board voted to grant a Special Permit from the requirements of Section 4.136, P 3c(ii) (6) of the Watershed Protection District for construction and expansion of a 2nd floor addition of 936 sq. ft., which exceeds 25% of -�' the size of existing structure which is 936 sq. ft., in accordance with the ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" ' JUNE 1,1999 PAGE 6 ;i Plan of Land by Scott L. Giles #13972, Registered Land Surveyor, dated 5/1/99. Voting in favor: WJS/WFS/GE/EM. PUBLIC HEARING: MPG Realty Trust, 11 Old Boston Rd., Tewksbury, MA, for premises at: Dale St., Lot #1, (Map 37B) Berrington Place. George Earley read the legal notice. Chairman Sullivan spoke to the assembly present and explained the procedure he wished to follow relative to the nature of the petition for MPG Realty Trust. (1). Address the repetitive petition first, if the Board finds that the information submitted is substantially different then it will be voted upon and granted. (2). Only then, will the Board move on to address the request for a variance. Chairman Sullivan asked who was present to represent the petitioner. Atty. Gerstein was present to do so. He stated that he was originally before the Board on April 1998 and there were issues of applicability of the status of the repetitive petition at that time. He stated that the change, even if it is cosmetic, is still sufficient to qualify for a repetitive petition. He stated that the changes made tonight are not cosmetic, they are real and very obvious changes. (Please note: Bob Ford is now present at @8:50PM). George Earley read a ZBA decision denying MPG the request for a variance as the Board stated that the petitioner failed to show a substantial hardship etc. Chairman Sullivan asked the petitioner to address this issue relative to a substantial hardship which was addressed in the previous decision just read. Elmer Pease, a representative for MPG Realty, asked the Board to refer to exhibit #2 and submitted a letter from Kathleen Bradley Colwell, previous Town Planner, to address changes incorporated into the plans. He stated that there are 8 specific changes and items. Atty. Gerstein stated that he raised the issue of weather MPG really needed to come in front of the ZBA at all, tkie reason he felt it was important to present the plan is because this particular lot is based upon issues of sewers and retention issues. Bob Ford asked what is the basis of the boards decision a year ago, and what are the changes relative to the Boards decision? Walter Soule stated that the plans in front of him tonight look like an old plan and he , �I i I t MUHTH O '+y } J � a -A CHLjS iiiORTH AI DOti.C.R OMI CL OF THE ZONL�-G B0 ARD OF APPEAL', =; c s Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11tH day of May 1999, at 7:30 PM to all parties interested in the appeal of Scott Talbot, 90A Rockwell St., Malden, MA for premises at: 102 South Eradford Street, North Andover, requesting a Special Permit under Section 4.136, paragraph 3c (ii) (6) of the Watershed Protection District, for construction and expansion of a 2nd floor addition by more than 25% to an existing structure. Said premises affected are land and buildings on the South side of South Bradford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9 -AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan. Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 Legalnov/17 - = r ° �� �m �' _�� -' o =gM Dd•(D _y Z = Z M cD W-0yo .<.�1m cnmga_..-.m �jc- �o o�No�° m o m co V+ cOp N Cn tv ill 7 x =. (D C N .N.. C cp (D a N n Q No ]] O' �< omN�.ap7aax���n�a, ^'moa-�-1 Jm�DTOC -{ a ^c- m� zcnE: m e o -o o m DZ�t2 -, = m ° o aID m`o �N o.��c� a o aW (nW o c ��� m �p-o CJc�� a�-C7D ' o cc m -c70" nmcm mmL�m /�� r1jJ L o c N O W< =. J D� N c- o 0 0" -o D M•p � v� c'= D A r C) -n .n.-4>-J�--n oc n=yin rn-' �--LD LD �dD•�UIJ m mD07 co �nmm"-N m--�v mai_ ...m a- v G, W D C O 61 ° cD N C0] `D V O p C'—, W N N° SCJ y O W N W d C N O cD o0 O C— am t HO .. T 1 (.l F A 1�7V1 Cl " �4J 1999 1''y'i 20 f it 1: 20 NORTH ANDOVER OFFICE OF A '411Y THE ZONING BOARD OF -APPEALS 27 CHARLES STREET Any appeal shall be filed NORTH AYDOVER, MASSACHUSETTS 01345 within (20) days after the FA -X (978) 68'01-9542- date 88-95-12date of filing of this notice NOTICE OF DECISION in the office of the Town Clerk. Property at: 102 South Bradford St. NAME. Scott Talbot 90A Rockwell St., Malden, IMA DATE. 5113/99 ADDRESS: for premises at: 102 South Bradford St. PETITION: 008-99 North Andover, MA 01845 HEARING: 5/111/99 The Board of Appeals held a regular meeting on Tuesday evening, May 11, 1999 upon the application of Scott Talbot, 90A Rockwell St., Malden, MA for premises at: 102 South Bradford St., No. Andover, MA, requesting a Special Permit under Section 4.136, paragraph 3c(ii) (6) of the Watershed Protection District, for construction and expansion of a 2"d floor addition by more than 25% to an existing structure, said property is within the R-1 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 4/27/99 & 5/4/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Ellen McIntyre and 2"d by Walter F. Soule, the Board voted to GRANT a Special Permit from the requirements of Section 4.136, Paragraph 3c(ii) (6) of the Watershed Protection District for construction and expansion of a 2"d floor addition of 936 sq. ft., which exceeds 25% of the size the existing structure which is 936 sq. ft. in accordance with the Plan of Land by Scott L. Giles # 13972, Registered Land Surveyor, dated 5111/99. Voting in favor. William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre. The Board finds that the applicant has satisfied the provision of Section 9, paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. 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 and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. ml/1999decision/10 Board of Ap eal\(s, William J. SCUlivan, Chairman Zoning BoArd of Appeals Bf ILD[ -\;G3 6S8-95-!5 PLA\1:M`;U 0XS-9`_',: Scott and Barbara Talbot 90 A Rockwell St. Malden, MA 02148 (781 ) 322-4840 March 29, 1999 To Whom it May Concern We have applied for a c4, for 102 South Bradford Street, seeking relief from the gross 'floor area increase limitation of 4.136 3c(i)(6). We will also be seeking a Special permit with the Planning Board, per the attached application, if a variance is granted. The proposed construction consists of a second floor addition to an e)asting ranch which is connected to the sewer system and located completely outside the Non Disturbance Line. The proposed construction creates the desired additional living area by utilizing the existing foundation which should be the least disruptive means of achieving the desired result. The home is presently attached to the municipal sewer system which eliminates any potential of leaching nutrients from a septic system. Also, as mention in the letter from Scott L. Giles, R.P.LS little or no excavation will take place and the roof area will remain essentially as it e)asts now. The eAsting home is only 936 sq. ft. in an area with many larger homes. The proposed addition will create a traditional colonial home with enough room for our growing family. We feel that a Special Permit is warranted, and does not go against the intent of the Bylaw. We thank you in advance for your consideration of this application. We will be happy to answer any questions or concerns at the upcoming meeting, or please feel free to call us at the above number. Sincerely, Scott Talbot and Barbara Talbot 102 South Bradford Street Town of North Andover, OFFICE OF ` COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 FAX Transmission TO: J_ce_�_ FAX Number: a 6-�6 FROM: Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: Total number of pages: G ORTF{ o� eo b. O p SSACFHUs���y Fax(978)688-9542 REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. #412, should you require further assistance. Ml/fax BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 March 30, 1999 SCOTT L. GILES, R.P.L.S. 50 Deer Meadow Road North Andover, MA 01845 683-2645 North Andover Zoning Board of Appeals Town Hall North Andover, MA 01845 Re: 102 South Bradford Street R EGa-f "L:;w, JOYCE BRAG15'1AW TOWN GLEkK NORTH AN5'6VER MAR 31 1 36 PM, '9� Dear Members: I have reviewed the subject site and proposed plan for Scott Talbot at 102 South Bradford Street relative to the Watershed setback issues. The proponent proposes to add a second floor to a one story dwelling. As the amount of imperviousness is not proposed to increase, the amount of runoff from the dwelling will not increase. It is my professional opinion that the proposed project will not have an adverse impact on the quality or quantity of runoff entering the watershed. Should you have any questions relative to this letter, please contact me at your convenience. Sincerely, �Z seph J. Serwatka, P.E. m LLJ 0- 0- LL ..0- LL O 0 0 FM / ivy ry 1338 LS 0 N e- d z Cdc vs a CIO* � m a ayi=`D� oc0� CoSi-wz�)Z W U a� .. w Ix (D ct gCO a �Qti 02c O�tW O WO^ Z 0 U N z moa 0 Z N� W Da Q LL �0 OQ O CO z e! 0 U Z ¢x U- 0 Lu 0 ..1 Q O a k Q LL 0 U 0