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HomeMy WebLinkAboutMiscellaneous - 105 CARTER FIELD ROAD 4/30/2018i O �u Date.........".... ......... TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that....... . ................................ ........ ................ ........ ........ ........... .......... .... .......... has permission to perform...... kto ............ wiring in the building of ........ ILJZV�,j .................... .. .. .......................................................... atNorth Andover, Mass. ............................................... . .......... r4a ........ Fee ... V5 ............... Lic. No. ELECTRICAL INSPECTOR Check# 13.062-/ Co►nnwnweallk o f I/laaaaclwaffi Official Use Only Permit No. POICO� Q Q BOARD OF FIRE PREVENTION REGULATIONS Occupancy and lee Checked Rev. 1/071 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12'.00 (PLEASE PRINT IN INK OR TYPE ALL IAWORAMTION) Date: 1 1,2—k City or Town of: - )E th 6 nc1 QV er To the Inspector ofWires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) 10.5 C Q ? r l= I -e k GI wj Owner or Tenant C h r i s Al n (A I Y hl I n Telephone No. —ID1- 5 �%olti Owner's Address Is this permit in conjunction Hith a building permit? Yes 0) No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ New Service Amps / Volts Overhead ❑ Undgrd ❑ Number of Feeders and Ampacity No. of Meters No. of Meters Location and Nature of Proposed Electrical Work: Install Solar Electric- Photovoltaic (PV) system [S91 panels rated fit -1 %l kW a- STC Grid Tied. In conjunction with a Building Permit Completion of the jollols?in table may be wait ed by the hes .ector of CYires. No. of Recessed Luminaires No. ofCeil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Lorninaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above Ei In- rnd. rnd. ElB'atter e. o mergency 1g mg Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners o. o eteng Devices Iaitiatin Devices No. of Ranges No, of Air Cond. Total Tons No. of Alerting Devices g No, of Waste Disposers Beatamp Totals: umber Pons IC a. ofSelf-Contained Detection/Alerting Devices No. of Dishwashers Space/Area Treating Iii' Local ❑ Mune tllEl?n Other No. of Dryers Heating Appliances KW Security ystems: No. of Devices or Equivalent No. of glen KW Heaters o. of s o. a Si ns Ballasts Data Wiring: No. of Devices or Equivalent No. hydromassage Bathtubs No. of Motors Total HP eleeommontcations Wiring: No. of Devices or Equivalent OTHER: . Attach additional detail if desired, oras required by lite Inspector of !fires. Estimated Value of Electrical Work: `� (When required by municipal policy.) Work to Start: ASAP Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE 0 BOND ❑ OTHER ❑ (Specify.) 1 certifj,, under the pains and penalties ofpedwy, that the btrorrnation on this application is true and complete. Y_ FIRM NAME: SOLARCITY CORPORATION LIC. NO.:1136MR Licensee: MATTHEW T. MARKHAM Signature LIC. NO.:'1136MR (!f applicable, enter "exempt" in lire license member line_) Bus. Tel, No.: 774-256.518D Address: 24 ST MARTIN DRIVE (BUILDING i'- UNIT 11) MARLBOROUGH, MA 01752 Alt. Tel. No.: 774-268-8505 *per M.G.L. c, 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: l am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) Ej owner owner's sent. Owner/Agent Signature Telephone No. PERMIT FEE: $ M a ,,1 i1 Q T�tlit fJ ltll•�19.(�'%�r o t. f'111.�t?jilldiiwjeA +' 011ce o 'Consunier Affairand Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachuseus 021 16 Home Improvement Contractor Registration SOLAR CITY CORPORATION MATT MARKHAM 3055 CL.EARVIEW WAY SAN MAT EO, CA 94402 �. t �� is tirrw�u t�tuttt� ► A * •�v' � r pi wi-e.NMw.II��' I�% ��Va+N M1 M}nrf/ Office nrConstuncr A ll'xlra 1a Iit,sincss licrnl/ttion "+ HOME IMPROVEMENT CONTRACTOR bi Roglstrstion: 11314517 1:zt1k4tintt: 3,-7, 20;7 GUAR C.Tit MATT M: RFI OIA ST MARTIN S't RLL*i BLU ?.UNI 'N+ �LBOROUGH, WA 01752 psw Typo: Supplement Card thtJery cretaT) Registration: 168572 Type: Supplement Card Expiration: 3/8!2017 Update Address and return card. lrlark reason for change. Address Renewal Employment Iatst Card I •irense or registratiou valid ror individul use ottly hciltre the expirntion date. If found trtttro to: Office of (:onsumcr Affairs and Business Regulation 10 Prtrk Plaza = Suite 51711 Boston, NIA 02116 dot tialid without Signature _. � • • • • ELECTRICIANS ISSULS THE FOLLOWING LICENSE AS AN REGISTERED MASTER ELECTR W I AN `t>k SOI.ARCII'Y C+ORPORA'i ION )`"Al`THt,W T MARKHAM 24 SAINT MARTIN OR BLOC 2 UN )'I 11 11ARI.BC)R()UGfI MA 017')2-; 660 1 ti� dk The Commonwealth ofMassaciimetts Department of'IndustrialAcchtents ©rke oflnvestfgadens 1 Congress Street' Surte 100 Boston, pilin 02114-2017 14rf1} 11►. massgov/alta Workers' Compensation Insurance Affidavit; Builders/CoairactordElectriciansiPlumbers A l'cant 11forimation Please Print Le ibl Name (ausincworgwzation/fudividuaD: SolarCity Corp. Address: 3055 Clearview Way Phone #: 000-/00-/-140!J Are you an employer? Check the appropriate box: 1.0 art► a employer with 5, 000 4- 0 1 itin a general contractar and I emplaynes (full and/or part-time).* havc bired the sub -contractors 2. ❑ I am a sole proprietor or partner.- listod on the attached sheet. ship and have no employees working for me in any capacity. 1Wo vmrkets' comp. insurance required.j 3.0 I atn a homeowner doing all work rnya'elL [No workers' comp. insurance required.) t These sub -contractors have employees and have workers' comp. iumumce? 5. Q We are a corporation and its officers have exercised their J't�1L Vi GICC1JY�tlt)11 pey 1 GL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): S. F1 New construction y. 0 Remodeling 8. 0 Demolition 9. [J Building addition 10.0 Electrical repairs or additions 11.0 Plumbing repairs or additions I2.0 Roof repairs l3EPther Solar/PV *Any appnicaat that ehacksbox p i mast assn fdt out the section below showing their wosiaxs' componoution potioy hillm isiton. f Momeownco who submit this affidavit indicating (key are doing all work and then hire outside contractors mast suirmit a new i0davit indicating such. =Contractors that dteck this box must attached an additional sheat showing ttte name of the sub-coraaaora and state whether or rot those enthics have empioytms. If the sub-contrwws bavc employees, they must provide their workers' comp policy number. ,rant an employer that isproiVing workers' Compensation Insurance for my employees. Below is the policy acid job site information. Insurance CompaoyName: Zurich American Insurance Company Policy -9 or Sclr4ns. I..ic. #: WC0182015-00 Expiration Date: 9/1/2016 Job Site Address: to S C. CL f ycr EI f- 1 C1 City/State/Zip: 00 i Ib 8nd Uvtf Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as mquired under Section 25A of NIGL c. 152 can lead to the irnprsitiott of criminal penalties of a fine up to S 1,500.00 ardor one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine or up to $250.00 a day against tha violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DTA for insurance coverage verification. I do Hereby certify under the pains and penalties of perjury that t/re hUorxratlonprovided above is true and correct. Pbone #: Of plat ase only. Do not write in tills area, to be completed by city ar taw'. official. City or Town: Permit/1-Acense ;i Issuing Authority (circle one): I. Berard of Health 2. Raftdiag Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector G. Other Contact Person: Phone #s a 1e�� CERTIFICATE OF LIABILITY INSURANCE YI BATE {M015 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY __ 08117/2015 -. , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES + BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI'T'UTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH RISK & INSURANCE SERVICES CONTACT FAX 345 CALIFORNIA STREET, SUITE 1300 PHONE 1414• Noxq:............ ...... .... .......... ...........lA!C.Nof�...... _............................. CALIFORNIA LICENSE NO. 0437153 E-MAIL SAN FRANCISCO, CA 94104 _HPDR€;; .................. .................... _ A1tn: Shannon S00fi415-743.8334 ...... ... .INSURERIS] AFFORDING COVERAGE ... . .. ................} ... NAIC N_._ . 998301-S-GUmerican TND E-15.16 AW sura ce Co Pany A;Zurich A Insurance 116535................ ....._. —.. _.._.. _ ..._ ................ _....... _ INSURED .INSURER ....... _ . _.. _...._ _ ....... ....... _. INSURER B; NIA NIA SolarQty Corporation ...... .... t .. ......... 3055 Clearview Way INSURER C.: N14A INIA -M San Mateo, CA 94402 SURER D American ZURdt lnSUranoe Company !40142 3,000,000 INSURER E:. GEN'L AGGREGATE LIMIT APPLIES PER INSURER F: COVERAGES CERTIFICATE NUMBER: SFA-002713MOB REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ACCORDANCE WITH THE POLICY PROVISIONS. .---....... ..... .........._. ................... ... L_UBR.—..._.. . �CYLAEIXMt.+S�T-..._............... 'POLSCY6F LI -_.......__. C ........_.. TYPE POLICY LIMITSL MID II A X COMMERCIAL GENERAL LIABILITY jGLOO182016-00 09101120115 09l01120ifi EACH OCCURRENCE $3,000,040 G 4.- ........ . - -3,000,000 j CLAIMSrvSAA£ f x I OCCUR I GE fQ RENTED i ; ;...-.MtSESfEaoocurrenoeZ....r8..._ . _ X SIR: $250,0005,000 .._ .. ................... ...._ ........ ...... ....... I : MED EXP (Any one person).....: s. .. rPERSONA ._ .._ ........_...... L a AOv INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE g 6,000,000 r.... , � PRO- t....i LOC X POLICY .... I JECT . . ....... ........ ........ ... PRODUCTS - COMPIOP AGG $ 6,000,000 i ! OTHER $ A AUTOMOBILE. LIABILITY 'BAP0182017-00 COMBINED SINGLE LIMIT :09101/2015 091011201fi $ 5.000,000 X ANY AUTO -BODILY INJURY IPsr person) ': $ .. -- r X ' AUT03rnED I X SCHEDULED BODILY INJURY Wer accident): 8 L..........._... X i.. NON -OWNED X _.. ............ • ARO FiTY DAM �� �E PE AG ... .. �. HIRED AUTOS F. K _ AUTOS ' [Par! . ................ } .. ..... _ _... _ . _ ......... _ COMPICOLL DED: $ $5.000 . ' UMBRELLA LIAB ''OCCUR I ' EACH OCCURRENCE ' $ EXCESS LIAR CLAIMS - MADE DED j RET ENTION $ I b Q IWORKERS COMPSNSATION': 'WC0182014-00'IAOS} :0910112015 :091011 16 ` X �' 0TH• ; :AND EMPLOYERS' LIABILITY A YIN ! WC0182015.00 AAA I I SPER TATU i..__..._.......Th.,......i .....L... ... 09101/2015 09101/2016 ! 1.00040© .ANYPRDPRtETORIPARTNER/EXECUTNE N :NISI :OPFICERIMEMSER EXCLUDED?, , I - : J E L EA CHACCIpENT 5 ..... . (Mandatory In NH) SWC DEDUCTIBLE: $500,000 H E.L DISEASE -EA EMPLOYEE+ $ _._..._........ .. .. ._ ..... ._. _. ._ . 1,000,000 ye$. describe under DESCRIPTION OF OPERATIONS bebwEL DISEASE -POLICY LIMIT 1 5 1.000,000 i i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required) Evidence of insurance. CERTIFICATE HOLDER CANCELLATION SolarCity Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3055 Clearview Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 1N San Mateo, CA 99402 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Charles Marmole{o O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Q) a l o_ •` M� MV) MLLJ !n N m 2 2} 2 2} 2 2} W m m WLLJ O 00� UF- Of UQ!� Uf-Cl:: m ¢ ¢ N m W =.< -a I--SO FSO H O O ¢U J J J Q LLJW = m 2 w� Q 3' rrnao NN NN NN C.7 Z Z m Q U W 00 Q N O c'oo� �>- �} m'} Q z o W z wd' � N M c$L� d'Q �Q �¢ ¢ ¢ ¢ �W z ra o� ¢ w ¢= ¢ N Z ¢ �' 3 3 Z J ¢ IW- Z X Z W F- ?�� � O> w 0) w 0) O N m LLJW y} W_ > Z Q Q_ ¢ LLJ W `, zm LLJ 0 ¢ W N ¢OO Z m W;I�_ N �� � z ,r ~^ V) a 0 W w �a w Li Z Z w � C) -; 'r 1 M E M E M E w �' O O I— U � W Lnr*j NSU U W Z OU OU U W Li.. 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U 2 `moi J Qn © o LU ll R=. 6 O Q L "L a> at O <7 U .il (y S .0 O 's All = u1 O 4 C> v u ° U Fo ♦ Q J u` - r -L7 i O E Z 1 O + Q c 3oC :amu ( r, Ln C Wp Q cU (, C C' 4 `-.' O N O. �t� ) Lilt j. tS U O a> Q o _+ Y Q I-Ra3 ♦ �] 0 G C S. O O.41 !^ G. C .i �,.". O '.l.: '-U .'= a E 0 u 4,■ V, I > 0) \ 0 Z 7A uj cL z < oc 0 O-Cwou—.�2 $\)2 o o - r- m L. 0 4 oo c "m o cu \\\EQ o 0 cu 0> o cLE E o c5 25 cL 0 Ln 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00 § Rule 8: In accordance -with the provisions of M.G.L. c. 143, § 3L, the permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth, and applications shall be filed on the prescribed form. After a permit application has been accepted by an Inspector of Wires appointed pursuant to M. G.L c. 166, § 32, an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L. c. 143, § 3L. Permits shall -be limited as to the time of ongoing construction activity, and may be.deemed by the.Inspector_of _Wires abandoned_and-invalidaf he—.. _ or she has determined that the authorized work has not commenced or has not progressed during the preceding 12 -month period. Upon written application, an extension of time for completion of work shall be permitted for reasonable cause. A permit shall be terminated upon the written request of either the owner or the installing entity stated on the permit application. ❑ The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this puipose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending"through August 15, 2012. ule 8 — Permit/Date Closed: ***Note: Reapply for new permit `�+ 0 Permit Extension Act—Permit/Date Closed: I. I Date... TOWN OF NORTH ANDOVER Mow PERMIT FOR WIRING This certifies that ............& . a&2:Tit nc has permission to perform ..... 4,0011,vc_7 ..... �/0 ............ -wiring in the building of ....... r72 kj.z,ov .................................................. "at....... 10 - ...... 4� ....... North Andover, Mass. ?5 1 .7 -Zot� IFeeter....-:...... Lic. No. A/?7�?4 ............... �LE;KzINSPECTORY Check # L__o 8 8 1 4 Commonwealth of Massachusetts Official Use Only Department of Fire Services Permit No. — BOARD OF FIRE PREVENTION REGULATIONSOccupancy and Fee Checked [Rev. 1/07] (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code( EC), 527 CMR 12.00 (PLEASE PRINTININK OR TYPEALL INFORMATION) Date: City or Town of: NORTH ANDOVER To the By this application the undersigned gives notice of his or her io perform the Inspector electrical workl ntention tdescribed below. Location (Street & Number) 40`S-#A17a; Rlk- C Owner or Tenant W,4 Telephone No. Owner's Address .�.4� t7 - Is Is this permit in conjunction with a building permit? yes ❑ No LJ (Check Appropriate Box) Purpose of Building l 5 c�i'1 Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Und rd g ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of the ollowin table mgy be waived bV the Inspector of Wires. No. of Recessed Luminaires (3 No. of Ceil: Susp. (Paddle) Fans No. of Total Transformers "7A No. of Luminaire Outletsj No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool AboveEl �_ o, o mergency Ig g 2rnd. d• Batte Units — No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No of No. of Switches 21, No. of Gas Burners No. of Detecfion and lnitiatin Devices No. of Ranges No. of Air Cond, otal Tons No. of Alerting Devices No. of Waste DisposersHeat PSP Number -ons KW _ No. of Self. Contained Totals: DetectionWertinly Devices No. of Dishwashers Space/Area Heating KWLocal ElMunicipal Connection ❑Other No. of Dryers Heating Appliances KW Security Systems:* No. of Water No. of No. of Devices or Equivalent Heaters KW Si s Ballasts . Data Wiring: No. Hydromassage Bathtubs No. of Motors No. of Devices or Equivalent j Total HP Telecommunications Wiring: J OTHER: No. of Devices or E uivalent ' Attach additional detail tf desired, or as required by the Inspector of Wires. Estimated Value o Electrical Work: �S 0 (When required by municipal policy.) Work to Stark ( Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such c,�ove�rs a- is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE L!T BOND ❑ OTHER ❑ (Specify:) I certify, under the pains and penalties o er'u that the information on this application is true and complete. FIRM NAME: fP 1 r1'� � \ LIC. NO.tM:5'j Licensee: C -U .•Lc gna{m e---------------- (Ifapplicab �er"exem t " in the license number line.)` LIC.NO.:�Address: �? Bus. TeL No.: *Per M.G.L s. 57-61, ecurity work requires Dept � artment of Public Sa ety "S" License: Alt Lici No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage nonnall required g law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: S The Common wealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 fflashingion Street Boston, MA 02111 { : www.mass gov/dia . Workers' Compensation insurance Affidavit Builders/Contractors/Ele rinctricians/Plnmbers lille2list rnfnvw-. +:.... Naive (Business/organization/Individual): City/.State/Zip: Phone #. . ---------------- Are you an employer? Check the appropriate box: 1. ❑ I am a employer with 4, ❑ I earl a general contractor and I Type of project (required): employees (full and/or part-time).* 2. ❑ I am a.sole have hired the sub -contractors listed 6. New construction 7. proprietor or partner- on the attached sheet t ❑ Remodeling ship and have no employees These sub -contractors have 8. (] Demolition working for me .in any capacity. [No workers' comp. insurance p ce workers' comp. insurance. 5. W ❑ e are a co a corporation and its 9• ❑ Building addition ' required ] 3. ❑ I am a homeowner doing officers have exercised their 10. ❑ Electrical repairs or additions all work myself [No -workers' comp. right of exemption per MGL c. 152, § 1(4), and we have no I l.❑ Plumbing repairs or additions - insurance required.] t q ] employees. [Na workers' 12.[] Roof repairs comp. insurance required_] 13•❑ Other *%Y aPplicant that checks borC # 1 must also fill out the section below showing their workers' compensation policy information r Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ;Contractors that check this box must attached an additional sheet showing the name of the sub -connectors and their workers' comp• information. I am an employer that is providing:workers' information policy compensation uxsurance for mr employees; Below is the policy and job site Insurance Company Name: Policy # or Self -ins. Lie. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date Failure to secure coverage as required. under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a - fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the farm of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signatune: Date: Phone #: F xiat use only. Do not write in this area, to he completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): I. Board of Health ? Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the'foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. 'However the owner -of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence.of compliance with the insurance 'coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requiremmils of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation. affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es), and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised -that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage.. Also be sure to sign and date the affidavit The affidavit should be returned to the city or town that the application for the permit or license is being requested, not'the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the nurnberlisted below. Self-insured companies should enter their self insurance license number on the'appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department hes provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number: In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating -current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.) said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 Ext 406 or 1-8.77-MA.SSAFE Fax # 617-727-7749 Revised 5-26-05 www.mass.gov/dia I �i i y—' No�TN �tss n �d�4E �CNUsd CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Permit #_ 402 (11/30/05) Date: Apri18.2009 THIS CERTIFIES THAT THE BUILDING LOCATED ON 105 Carter Field MAY BE OCCUPIED AS Single Family Dwelling ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Tara Leigh Dev LLC 115 Carter Field Rd North Andover MA 01845 Building Inspector J-- O z rA .R Z Q H COD W_ Li. o~c W V H C H O C .ac Ccc Co �= o o h Ea C2 �= v o c c �o m C2 u co m c : h CSO O m rca 3m O N CS C.C.3 -10 m c co 7 msf :RAZ oao m ` m c 0 :go CL r N m ~ .y S .. o y .E nmocm FE C. m z O .s to m p to z $ CLO.. Co E it MA Z N 01 O cm 0 m C: cm C m 0 CD c 'c N m Z r O C CD 0 z O U f co O E O v Z CO C. O CO) � C O pm CO2 O OCD — y m m 0 CD � H L CL _ � O � 3.0 CD Cl CD L cc 40 X =< ca C cc CL CDV C CD Q CL V y O C — C— cc a CO3 C 0 U) LU Y/ W W 12 LUW U) Ou cA cn ° a ©�� c o w° Cf) U wW �cn ` ii. `,u., m cin cn .R Z Q H COD W_ Li. o~c W V H C H O C .ac Ccc Co �= o o h Ea C2 �= v o c c �o m C2 u co m c : h CSO O m rca 3m O N CS C.C.3 -10 m c co 7 msf :RAZ oao m ` m c 0 :go CL r N m ~ .y S .. o y .E nmocm FE C. m z O .s to m p to z $ CLO.. Co E it MA Z N 01 O cm 0 m C: cm C m 0 CD c 'c N m Z r O C CD 0 z O U f co O E O v Z CO C. O CO) � C O pm CO2 O OCD — y m m 0 CD � H L CL _ � O � 3.0 CD Cl CD L cc 40 X =< ca C cc CL CDV C CD Q CL V y O C — C— cc a CO3 C 0 U) LU Y/ W W 12 LUW U) z 9 L APPLICATION FOR CERTIFICATE OF OCCUPANCYIINSPECTION Building Permit# 44#2. ADDRESSILOCATION OF PROPERTY: `fie � IPS I • Map 62 Parcel 1Y) Lot Number SUBDIVISION (:a Cte fA F; Idl DATE REQUESTED FILED/READY FOR INSPECTION*&4/Oq CLOSING DATE ON PROPERTY: N i elOg FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A RE- INSPECTION FEE OF TWENTY DOLLARS $20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. Permit Issued to: Address C/ ROUTIN CONSERVATION N I A PLANNING 0 DPW - WATER METER ® qWo F SEWER/WATER CONNECTION ® 1610 NOTE DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST (1po�.'t iu DPW � C'IXiLUa Signature File: Application for OC form revised Jan 2007 FA h � �• . . '�f +fes �� . 4t, .% .{ - t I} . f-; r 1 +1N .y J cr. O W > \ G �. N Z Q 69 64 to fH 69 2 a H U- O ma E LL Z ' 0) Ua E d O o E a �i Z - U- o 3 0 �' c a U C J p _� 0 ,+ 0 U m LL O `O • �•�o' r N co Mot +• t co + U 7 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIP, RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING 016 R* BUILDING PERMIT NUMBER: � > DATE ISSUED: SIGNATURE:-�-- Building Commissioner/In for of Buildings Date SECTION 1- SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map and Parcel Number: > GV. PP - 6 Z ) N A A A J� �( v„I Jct Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: R j ZZ, ss -6 .s /156 -.5M Zoning District Proposed Use Lot Area Fronts 8 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard RegWred. Provide RegWred. Provided Required Provided 2-0 20 Zd ' ZD f 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information: Zone Outside Flood Zone 1.8 Sewerage Disposal System: Municipal On Site Disposal System ❑ Public Private ❑ SECTION 2 -PROPERTY OWNERSHIP/AUTHORIZED AGENT 116i�011C jStriCt: 2.1 Owner of Record amc (Print) Address for Service : y Signa Telephone 2.2 Owner of Record: Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable ❑ S Licensed Constructs Supervisor: Jy" ILicense ` Number Address b / Expiration D to Si re telephone 3.2 Registered Hom Improvement Contractor 3.2 Not Applicable ❑ Company N e Registration Number Address Expiration Date Signature Telephone 09 M /a z O I rn 7 z M 90 0 rn r r r.` z G) SECTION 4 - WORKERS COMPENSATION (M.G.L C 152 & 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes ...... Jr No ....... 0 SECTION 5 Description of Proposed Work check as applicable) New Construction Existing Building ❑ Repair(s) ❑ Alterations(s) 0 Addition ❑ Accessory Bldg. ❑ Demolition 0 Other 0 Specify Brief Description of Proposed Work: N� SSR. SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item Estimated Cost (Dollar) to be. Completed by permit applicant 01MCIA%USE ONLY 1. Building 3 Z�s 607 (a) Building Permit Fee Multiplier 2 Electrical Z &ZZ7 (b) Estimated Total Cost of Construction 3 Plumbing Z Building Pennit fee (a) x (b) ���� / 4 Mechanical HVAC 2 UjJU• 5 Fire Protection 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTH T11014 TO BE OMPLETED WHEN OWNERS AGENT OR CONTRACTOR AJPPLIES R BUILDING PERMIT p I. as Owner/Authorized Agent of subject property r Hereby authorize --ni to act on My behalf, in all ers relative to o authorized by this building permit application Si e of Owner Date C ON 7b OWNER/AUTHORIZED AGENT DECLARATION 2I, as Owner/Authorized Agent of subject prop y Hereby declare that the statements and information on the foregoing application are Lrue and accurate, to the best of my knowledge and be/lief f Print Name 6 % Si a of caner ent Da NO. OF STORIES SIZE a, g BASEMENT OR SLAB SIZE OF FLOOR TIMBERS 2 3 SPAN AA F DIMENSIONS OF SILLS Z DIMENSIONS OF POSTS 1 S L DIIVIENSIONS OF GIRDERS HEIGHT OF FOUNDATION -7 t, _ THICKNESS J e » SIZE OF FOOTING >> X MATERIAL OF CHIMNEY (.Z G 1S .BUILDING ON SOLID OR FILLED LAND UL IS BUILDING CONNECTED TO NATURAL GAS LINE N'� O z ri rA t I `W Q 2 H CO2 W H W C.2 COD z c_ o ♦: c � o � O N C O �.Q C W LO tC O ,~ L Ea m� o c EE om y Q RE m C N A CD m .m No C ' A co OCD �► ` a� N m m o cya • V y O Z co CD H m C C w N m ~ D O O -N dt N C �.+ E V V � y WE CL m� O;a Nin p N r $ aw m E IE z N N cl C O m Q cm c 00 O cm C �C N m Z O Z 0 J O F. •l N—IN IS O O w O Z � Q O CO) C C O cm I O 'O CA O O m m L- HQ CD C CD O � i cc Cl a M: Q y Q •�•+ C ev O C Z s 0 CL C..2 y c C C cc C — LU 0 Y/ U) W W 19 W U) G v o O LE � `� a v cn 0 rU A .a p -� O u. °�° O a2 ' G U `° G x FO•. F a p rx �v G w F U " a W p a G w pG p w m G w .� w O m o z cn L� O cn I `W Q 2 H CO2 W H W C.2 COD z c_ o ♦: c � o � O N C O �.Q C W LO tC O ,~ L Ea m� o c EE om y Q RE m C N A CD m .m No C ' A co OCD �► ` a� N m m o cya • V y O Z co CD H m C C w N m ~ D O O -N dt N C �.+ E V V � y WE CL m� O;a Nin p N r $ aw m E IE z N N cl C O m Q cm c 00 O cm C �C N m Z O Z 0 J O F. •l N—IN IS O O w O Z � Q O CO) C C O cm I O 'O CA O O m m L- HQ CD C CD O � i cc Cl a M: Q y Q •�•+ C ev O C Z s 0 CL C..2 y c C C cc C — LU 0 Y/ U) W W 19 W U) CARTER FIEED ROAD F i ste/roundation rian rter yield Road (# 105 Carter yield Roadndover, MA O 1845 "=40'O" Date: 11/30/2005 gk Development LLC, Nortk Andover, MA 275.88' 154.04' 2d' rRON-T-' ` `- �" t w ASK SMS. SMACK ♦\ �t A=31'2 `55" l X102 \ f �.=56.x}8'0\ f f ♦ t� \ �nRCI.4 f ♦ ' a f PRwPostz f f 2 f l 29,232 Sy - FOVRv0 WT10N f 0�.®7 A4. f f 4444 l becK I f e— �- f LOT t f f 221868 $i. 0 Ac, f f FRQIATA4F� f (s-rRMT Avoca) l Cu f • l Lo ZW SMACK �i12'2�'I I � RECREA-TioNAL FI117LD *k2 F i ste/roundation rian rter yield Road (# 105 Carter yield Roadndover, MA O 1845 "=40'O" Date: 11/30/2005 gk Development LLC, Nortk Andover, MA 355.02, 8 8 8 8 8 g8 8 8 8 I5' 275.88' t ♦\ �t A=31'2 `55" l X102 \ f �.=56.x}8'0\ f f ♦ t� \ f ♦ l f \ f f LOT 2 l 29,232 Sy - 0�.®7 A4. f 355.02, 8 8 8 8 8 g8 8 8 8 I5' FORM - U - LOT RELEASE FORM INSTRUCTIONS_ This form is usedto verify that all -necessary approval / permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and or landowner from compliance with any applicable requirements. �aarar►rrrrrrrrrrarrrr■raara■■araaaaar■rWas aaaaaaarrrr■rarrraa0arraaarrrrarr APPLICANT T40 411pl. di ,N1 1 JT PHONE 97� ASSESSORS MAP NUMBER Z LOT NUMBER 32 SUBDIVISION l� RAZ �i 6 (�� LOT NUMBER / STREET C. RTp9— N -D STREET NUMBER D S lasso -000.0.0400soon aarrrrrarrrrr.ar■araar■sarrrrrrrrrrrrarrrrrarrarrr sarrr,rrrr OFF' CUL USE ONLY �araar a as an r a as a a aarrra■aara a0 a.rrarra.rrrrrraar■ arraraarrrarrrrrrrrr■arrrrrrr RECOATIONS OF TOWN AGENTS �r�r■rrraar■■rrrarrrrr..rrrrrrrrararrarsarrarrrrrrrrrrrarraarrarrrrrrrrrrrr DATE APPROVED r2 COWERVATIONADMINISTRAT7 DATE RESECTED CON /flD 'I'S CONINIENrS t✓ A - FOOD IkSPECTOR - HEALTH -7�0f v ti/ 5-07,d//,W SEIPTIC INSPECTOR - HEALTH CONINIENIS PUBLIC WORKS - SEWER / MATER CONNECTIONS PERNUT FIRE DATE APPROVED DATE RESECTED DATE APPROVED DATE REJECTED DATE APPRO DATE REJECTED JV DXTE APPROVED DATE UUEC rED COMMENTS RECEIVED BY BISFL DING WSPECTOR DATE i to Name Ir S The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 Workers' Compensation Insurance Affidavit Location: /d 61V 4 - 5 4 I am a homeowner A o 1fid all work myself. I am a sole proprietor and have no one working in any capacity Please Print # q7 9'- 6 I am an employer providing workers' compensation for my employees working on this job. Company name: Insurance.Co. Policy # Company name: ; Insurance Co. Policy # Failure to secure coverage as required -under Section 25A or MGL 152 can lead to the imposition of criminal penalties d.a fine up to $1,5o0.00 and/or one years' imprisonmentas WeU_as_civil-pecatties S.Qrmrl-a ST_oP W..oRK_ORDER,aril-.h ie_cf_($JJDOM)aAay.agair me, i understand that a copy of this statement may be forvvar ed the Office of Investigations of the DLA for coverage verification. ! do hereby certify under the pains nd penalties oft rjz1that the information provided above is true and correct. Signature Date 1 S Print name zh . kai�l to Pbone#-f%�`d87-Z�3� Official use only do not write in this area to be completed by city or town officiar City or Town E] Check it immediate response is required Contact ❑ Building Dept ❑ licensing Board ❑ Selectman's Office ❑ Health Department ❑ Other Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for 3tiit permits under the Town of North Andover Management by-law Section 8.7 of the Zoning by-law. � rm to 8.7 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lois below and be filed wiiJi the Planning Board prior to (he issuance of any buildj 3,VL- permit for construction. Name and Address of Applicant for Lots: Name of Development: i�RA LElbti DtU£LoFu.EN'1 t-L� 1 q tlILL P_oA7 Nopall ljA O q L/t'2l'�EZ �1£�-�S toFF BRAbFGRb-5PKFt;i Map and Parcel of'Criginal: P G 2 Lo7 Z Date of Application for Lot(s) Division: PlUGUST 9 2 0D.2 Lots Covered by this Schedule t — The Planning Board by theri signature below, or a signan,: e of a duly authorized repres ritafive, do hereby establish for the above named development the following Development Schedule for the: purpose of Section 8.7 of the Growth management By -Law. 771e applicant, their assignees, successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot'' shall at minimum reference the book and page in which this Development Schedule is filed and contain the � = language; 47his lot is subject to a Development Schedule pursuant to the Town of North Andover Zoning By -Law all owners, representatives, and future purchasers should avail themselves of said restriction by reviewing the approved Devclopment Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligible for a building permit is subject to the limitarion of the numberof building permits per year pursuant to section 8.72d of the Zoning By -Law." _QMT_ The Planning Boanci hereby schedule t_ne lot(s) for the above development as follo,vs: ye?r Elis:ble Num. ,er of Lots Building Office Use Build=n O''ice Use Elib-ible Date Lot Ehy-ibilir Notes Completely Utilized 1,=Y20C3 I F>' 2ooL t r7 20nS S 1 3 I I Si�rraiure of Property Owner or or Authorized Representative ve Date Date . ...�.,. . ... . \ m � \00 P§ & ƒ > �� . $. 3 § �u .� 7 § 2 3ee1:1 Lo G» .2i ` ,U- 0 0 0; .a . J \ ©?• \ D 9 o s 7: . . 2°_o . jr ; - G22 ti77 f { / / . /�$ .| o \\\i� \/k < ^ w�2 GROWTH MANAGEMENT BYLAW EXEMPTION STATEMENT TOWN OF NORTH ANDOVERBUILDING DEPARTMENT This form shall be used to assist the Building Department in their determination of exemption under section 8.7.6 of the Town of North Andover Growth Management Bylaw. The applicant shall provide all of the necessary information as requested below. ( os) lei ZhT I 4&4 Re - 6 ?-/Iq i Permit Applidftnt Property address Map / cel l -7 F7 7s31 Applicant's Phone Number Single Family Two Family I the undersigned applicant for the above property attest that the attached building permit for which this form is completed does comply with the EXEMPTION section 8.7.6 of the Growth Management Bylaw. I also understand providing this form does not absolve me or any party to this permit from the requirements of obtaining other permits required prior to the issuance of the building permit. Further I understand that my interpretation of the exemption status is subject to review by the Building Department and is only officially accepted when the building permit is issued Based on section 8.7.6 of the North Andover Growth Bylaw the above lot and the work as applied for on the above lot, in the building. permit application and associated attachments, complies with one or more of the following sections as indicated by a check mark. This is an application for a building permit forthe enlargement, restoration or reconstruction of a dwelling in existence as of the effective date of this bylaw, provided that no additional residential unit is created. The lot(s) was / were created prior to May 6, 1996 and are exempt from the provisions of section 8.7 of tine Zoning Bylaw. This application is for dwelling units for low and or moderate income families or individuals, where all of the conditions of 8.7.6 are met and or represents dwelling units' for senior residents, where occupancy of the units is restricted to senior citizens through a properly executed and recorded deed restriction running with the land. For purposes of this section "senior" shall mean persons over the age of 55. This application is part of a development project which voluntarily agreed to a minimum 40 % permanent reduction in density (buildable lots) below the density permitted under zoning and feasible given the environmental conditions of the tract, with the surplus land equal to at least ten buildable acres and permanently designated as open space or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, dedication to the Town, or other similar mechanism approved bythe planning board that will ensure its protection. This application represents a tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section 8.7 and shall receive a onetime exemption from the Planned Growth Rate and Development Scheduling provisions for thepurpose of constructing one single family dwelling unit on the parcel. i,/ This application represents a lot which is ready for a building permit ( all other permits from all other boards and commissions have been received and the project is in compliance with those permits), and the Development Schedule does not accommodate issuing a building permit in that year. One building permit will be issued per year per Development until such time as the development schedule accommodates issuing building permits. Applicant must submit an approved FORM U with this ENEMPTION. PLEASE PROVIDE ANY AND ALL INFORMATION THAT WOULD ASSIST THE BUILDING DEPARTMENT IN MAKING A DETERMINATION THAT THIS APPLICATION IS ALLOWED UNDER ONE OR MORE OF THE ABOVE EXEMPTIONS. BY SIGNING BELOW I ATTEST TO THE CURACY OF THE INFORMATION PROVIDED AND THAT THE ATTACHED BUILDING PERMIT IS ALLOWED AN E ON AS CITED ABOVE. FURTHER I UNDERSTAND THAT S MITTAL OF MISLEADING OR INACCURATE INFORMATION OR THE CHECKING OFF OF ABOVE EXE N WHICH DOES NOT COMPLY, WHETHER DONE TO MY KNOWLEDGE OR NOT IS GROUND OR REFUS Y BUILDING DEPARTMENT TO ISSUE A BUILD ERN T. e� AP ANTS SIGNATURE DATE Xf1IS FORM TO BE ATTACHED TO THE BUILDING PERMIT APPLICATION Permit Number MECcheck Compliance Report Checked By/Date Massachusetts Energy Code MECcheck Software Version 3.3 Release lb Data filename: Untitled TITLE: Lot 1 Carter Field Road CITY: North Andover STATE: Massachusetts HDD: 6322 CONSTRUCTION TYPE: 1 or 2 Family, Detached HEATING SYSTEM TYPE: Other (Non -Electric Resistance) DATE: 06/05/05 DATE OF PLANS: 9/01/03 PROJECT INFORMATION: Lot 1 Carter Field Road North Andover, MA COMPANY INFORMATION: Tara Leigh Devleopment LLC COMPLIANCE: Passes Maximum UA = 702 Your Home = 620 11.7% Better Than Code Gross Glazing Area or Cavity Cont. or Door Perimeter R -Value R -Value U -Factor UA Ceiling 1: Flat Ceiling or Scissor Truss 1984 0.0 38.0 50 Wall 1: Wood Frame, 16" o.c. 3780 0.0 19.0 256 Window 1: Vinyl Frame, Double Pane with Low -E 630 0.340 214 Door 2: Solid 63 0.340 21 Floor 1: All -Wood Joist/Truss, Over Unconditioned Space 1840 0.0 19.0 79 Furnace 1: Forced Hot Air, 90 AFUE Air Conditioner 1: Electric Central Air, 10 SEER COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit lication. The proposed building has been designed to meet the Massachusetts Energy Code requirements inOCche ersion 3.3 Release lb and to comply with the mandatory requirements listed in the MECcheck Inspection C list. The heating load for this building, and the cooling load if a opriate, has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equip t selected to heat or cool the building shall be no greater than 125% of the design load as spe ' ed in Sections 7 MR 1310 and J4.4. Builder/Designer Date ��� MECcheck Inspection Checklist Massachusetts Energy Code MECcheck Software Version 3.3 Release lb DATE: 06/05/05 TITLE: Lot 1 Carter Field Road Bldg. Dept. Use Ceilings: [ ] 1. Ceiling 1: Flat Ceiling or Scissor Truss, R-38.0 continuous insulation Comments: Above -Grade Walls: [ ] 1. Wall 1: Wood Frame, 16" o.c., R-19.0 continuous insulation Comments: Windows: [ ] 1. Window l: Vinyl Frame, Double Pane with Low -E, U -factor: 0.340 For windows without labeled U -factors, describe features: # Panes Frame Type Thermal Break? [ ] Yes [ ] No Comments: Doors: [ ] 1. Door 2: Solid, U -factor: 0.340 Comments: Floors: [ ] 1. Floor 1: All -Wood Joist/Truss, Over Unconditioned Space, R-19.0 continuous insulation I Comments: Heating and Cooling Equipment: [ ] 1. Furnace 1: Forced Hot Air, 90 AFUE or higher Make and Model Number [ ] 2. Air Conditioner 1: Electric Central Air, 10 SEER or higher I Make and Model Number Air Leakage: [ ] Joints, penetrations, and all other such openings in the building envelope that are sources of air leakage must be sealed. [ ] When installed in the building envelope, recessed lighting fixtures shall meet one of the following requirements: 1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC rated, in accordance with Standard ASTM E 283, with no more than 2.0 cfm (0.944 L/s) air movement from the the conditioned space to the ceiling cavity. The lighting fixture shall have been tested at 75 PA or 1.57 lbs/ft2 pressure difference and shall be labeled. Vapor Retarder: [ ] Required on the warm -in -winter side of all non -vented fiamed ceilings, walls, and floors. Materials Identification: [ ] Materials and equipment must be identified so that compliance can be determined. [ ] Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. [ ] . Insulation R -values, glazing U -factors, and heating equipment efficiency must be clearly marked on the building plans or specifications. Duct Insulation: [ ] Ducts shall be insulated per Table J4.4.7.1. Duct Construction: [ ] All accessible joints, seams, and connections of supply and return ductwork located outside conditioned space, including stud bays or joist cavities/spaces used to transport air, shall be sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions. Mesh tape may be omitted where gaps are less than 1/8 inch. Duct tape is not permitted. [ ] The HVAC system must provide a means for balancing air and water systems. Temperature Controls: [ ] Thermostats are required for each separate HVAC system. A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. Heating and Cooling Equipment Sizing: [ ] Rated output capacity of the heating/cooling system is not greater than 125% of the design load as specified in Sections 780CMR 1310 and J4.4. Circulating Hot Water Systems: [ ] Insulate circulating hot water pipes to the levels in Table 1. Swimming Pools: [ ) All heated swimming pools must have an on/off heater switch and require a cover unless over 20% of the heating energy is from non-depletable sources. Pool pumps require a time clock. Heating and Cooling Piping Insulation: [ ] HVAC piping conveying fluids above 120 °F or chilled fluids below 55 °F must be insulated to the levels in Table 2. Table l: Minimum Insulation Thickness for Circulating Hot Water Pipes. Table 2: Minimum Insulation Thickness for HVAC Pipes. Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Ran e F 2" Runouts 1" and Less 1.25 to 2" 2.5" to 4" Heating Systems Low Pressure/Temperature 201-250 Insulation Thickness in Inches by Pipe Sizes Heated Water Non -Circulating Runouts Circulating Mains and Runouts Temperature ( F) Up to 1„ Up to 1.25" 1.5" to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2: Minimum Insulation Thickness for HVAC Pipes. Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Ran e F 2" Runouts 1" and Less 1.25 to 2" 2.5" to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate (for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water, Refrigerant, 40-55 0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD (Building Department Use Only) 0 ui M +1 CO A o CN O A�Ha w z00 x� o w � LTj o AooQp z�x a��waH oo��o ►a 4 Z 0 ui M +1 } N e ,—a O Aiwa Q oo q o oo��o az�Hz N e 4 v d 4 '^ x M .D r x N O -S), MA i u N V- 0 O ad rid � r c M o w u �aQ�� 4N- gyp' a•Z 0-� 9-� o^a-` 9-1 o -b o-2 p-� o-'tTi :l a o, 4 of NORTH, �?�.�� '•. Oft 0 � 9 *;,sSA+CHU 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 8th day of February 19 94 , at 7:30 o'clock, to all parties interested in the appeal of Kenneth P. Willner requesting a and Table 2 variation of Sec. 4.133, Paragraph (3) (c) of the Zoning By Law as in effect in 1984, so as to permit construction of a dwelling the watershed no -disturbance zone '_-. on tie premises, located at 4 15 (lot 15) Carriage Chase TOWN OF NORTH ANDOVER MASSACHUSETTS BOARDOFAPPEALS ' i By Order of the Board of Appeals NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Frank Serio r Jr.,r hairman Senior Citizen's Center located at the rear of the Eagle Tribune Town Building, 120 Main Street, North Andover on ' sh in the (fMdY&WfX)9WH on January 25 & February 1, 1994 Tuesday evening the 8th day of February 1994, at 7:30 o'clock, to all parties interested in the appeal of Kenneth P. Willner requesting a variation of Sec. 4. 133, Paragraph (3) (c) and Table 2 of the Zon- ing By Law so as to permit E construction of a dwelling within the watershed no -di- sturbance zone on the premises, located at #15 (Lot 15) Carriage Chase. By Order of the Board of Appeals Frank Serio, Jr. Chairman E-T—Jan. 25, Feb. 1, 1994 APPILM 1853 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Petition of .....Kenneth . P. . W.i.l.lne r ............ Any appeal shall be filed within (20) af-eir the cute of f i'i ; 197 %- If -L.'; I' " ot 1; ce :n the Office Date ..May. 2.0.,. .1.994 ............. Petition No... .0.0.7794 ............. Date of Hearmig. May. IQ,. .1.9.94 .... Premises affected . 15. Carriage Chase ................................................. Referring to the above petition for a variation from the requirements of Uis ..Section .4 -.13 . Paragraph 3(C). and Table. .2 .of the. Zoning . Bylaw. in. effect. in. .1.984 ............... so as to permit construction. of a dwelling. in. the water.shed. U07,d.isturbance. zQue.. . After a public hearing given on the above date, the Board of Appeals voted to ..ALLOW. . . . . the PETITIONER TO WITHDRAW WITHOUT PREJUDICE. f Signed Frank Serio, Jr., Chairman Walter Soule, Clerk ..................... Robert Ford ................. Scott Karpinski .............. Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal sl a!i be fi!ed within (20) c'ate of fi!if-� .; ,, ice i i"c' Of - BOARD OF APPEALS **************************** * Kenneth P. Willner * DECISION 15 Carriage Chase North Andover, MA 01845 * Petition #007-94 * **************************** The Board of Appeals held a public hearing on Tuesday evening, January 25 continued to February 8, March 8, April 12 then continued to April 19 for a Special Meeting where the public hearing was re -opened then continued to May 10, 1994 upon the application of Kenneth P. Willner requesting a variation of Section 4.133, Paragraph 3(c) and Table 2 of the Zoning Bylaw in effect in 1984, so to permit construction of a dwelling in the watershed no -disturbance zone on the premises located at 15 (Lot 15) Carriage Chase. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on January 25 and February 1, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Ford, the Board voted unanimously to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. Dated this 20th day of May 1994. BOARD OF APPEALS Frank Serio, Mr. Chairman Received by Town Clerk: A?i JAN 2 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 55 Union Street Applicant Kenneth P. Willner Address Boston, MA 02108 and Jacqueline D. Best-WillnerTel. No. (617) 227-9090 1. Application is hereby made: a) For a variance from the requirements of Section 4.133 Paragraph (3)(c) and Table 2 of the Zoning Bylaws,* as in effect in 1984. b) For a special Permit under Section 4.133Paragraph 3 d) of the Zoning Bylaws, as in effect in 1984. 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 15 (Lot 15) Carriage Case _ Street. b) Premises affected are property with frontage on the North ( ) South ( Y) East ( ) West ( ) side of Carriage Chase Street. Street, and known as No. 15 (Lot 15) Carriage Chase Street. C) Premises affected are in Zoning District R1 and the premises affected have an area of 44,075 square feet and frontage of 150.05 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Kenneth P. Willner and Jacqueline D. Best -[Millner Date of Purchase 12/31/91 Previous Owner Marblehead Dev. Corp. 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: 128 front; 38 feet deep; Height 2 stories; 35 feet. a) Approximate date of erection: Spring, 1994 b) Occupancy or use of each floor: Single family residential C) Type of construction: wood frame Y 5. 6. 7. Has there been a previous appeal, premises? Unknown If so, when? _ Description of relief sought on this under zoning, on these petition Deed recorded in the Registry 'of Deeds in Book3377 Page 261 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows:(must be stated in detail) See attached. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of/,Pet{,itioner ( 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. 4/93 LE LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP (PARCEL 'LOT !NAME !ADDRESS ABUTTERS 30 ATTACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION FOR LOT 15 CARRIAGE CHASE STREET The applicants seek approval of a special permit and variances from three provisions of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of a special permit for construction of a dwelling in accordance with Section 4.133(3)(d), the Watershed Protection district, as in effect in 1984, and variances from Section 4.133(3)(c) (Watershed no -disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984. The conditions for the granting of the special permit are met and the special permit should be granted for the following reasons: A. The specific site is an appropriate location for the use, structure or condition. The site is presently in an R-1 single family residential zoning district. The proposed use and structure is a single family dwelling consistent with the allowed uses in the district. The property is also in the Watershed Protection overlay district and as such is subject to the special permit requirements of the By-law if the proposed construction is within 100 feet of a tributary of Lake Cochichewick.l The proposed dwelling is located as far as is practically possible on the site from the wetlands on the site. There is no location on the property where the dwelling could be constructed without being within the 100 foot buffer zone from the wetlands. B. The use as developed will not adversely affect the neighborhood. The single family use proposed for the property is consistent with the single family character of the neighborhood and will not adversely affect the neighborhood in any way. Conditions on the development of the property contained in the Order of Conditions issued for the property by the North Andover Conservation Commission further assure that there will be no adverse impact or effect on the neighborhood or on the drinking water supply as a result of the construction on and use of the property. 1 The applicants take the position that the property is not subject to the Watershed Protection provisions of the By-law on the ground that the wetlands on the property are not a "tributary" within the meaning of the By-law. Therefore, the applicants take the position that the granting of the special permit and the variance from Section 4.133(3)(c) is not necessary for the lawful construction of the proposed dwelling. The applicants have agreed to apply for the variance and special permit but reserve their rights regarding this matter. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The property is located on an approved subdivision roadway and will be used for a single family dwelling in accordance with the subdivision approval. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The property will have the benefit of town water and sewer facilities, thereby protecting the watershed from the adverse effects of the use of a septic system. The property will also be subject to other protections during construction as provided for in the Order of Conditions. These include the construction of a retaining wall 20 feet from the edge of the wetlands on the property, a restriction against any cutting, grading or other activities within 20 feet of the wetlands and the addition of a pond which will be beneficial to the wetlands and the watershed. E. The use is in harmony with the general purpose and intent of the By-law. The purpose of the Watershed Protection provisions of the By-law is to protect the integrity of Lake Cochichewick as a supply of drinking water. That purpose is amply protected by the proposal before the Board. The degree of involvement of the wetlands on the property as a "tributary" of Lake Cochichewick, if any, is arguable and is at best marginal in any case. At the same time, the proposal affords more than adequate protection to the wetlands on the property to the extent that they function at all as a part of the water supply. Standard precautions, such as the use of hay bales, will be taken to protect the wetlands during construction to facilitate erosion control. Other precautions have been taken for protection of the watershed after construction. These include a prohibition against underground fuel storage; use of town water and sewer facilities, thereby avoiding the need for a well or septic system; a prohibition against the use of pesticides and herbicides within 100 feet of the wetlands; a requirement that only organic fertilizers with a low nitrogen content be used; and construction of a retaining wall to protect the integrity of the 20 foot no -disturbance zone, as well as other provisions specified in the Order of Conditions. The conditions for the granting of the requested variances are met and the variances should be .granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only about one-fifth the width of the lot, extends from the rear of the lot for almost two-thirds of the length of the lot, for a distance of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions -2- .t (wetlands) and shape (cul-de-sac infringement) of the property in a way which is unique to the property and which does not affect generally the zoning district in which the property is located nor for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That 100 feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The Conservation Commission as well as the purpose of the Watershed Protection provisions of the By-law call for maximizing the distance of disturbance and construction from the wetlands on the property. Given the tight space between the edge of the wetlands and the cul-de-sac, .it is impossible to provide an acceptable zone of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law. Even then it is impossible to do so without reducing the width of the no -disturbance area from the edge of the wetlands to some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with the neighborhood which will comply with the front and side yard setback provisions of the By-law and which will comply with the no - cut provisions of the Watershed Protection provisions of the By- law. Furthermore, the Conservation Commission has agreed to issue a modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot, as a practical matter, unbuildable, with the resulting financial and practical hardship to the applicants, who purchased the property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are -3- only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the property has expressed no opposition to the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. For the reasons stated above, and others which will be stated at the public hearing, the applicants respectfully request that the Board grant the requested relief. .J:\SPMCHBR\W D.LNER\BDOFAPP.APP. -4- Kenneth P. Willner and Jacqueline D. Best -Willner, By their attorney, Ho and P. icher Davis, Malm & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617)367-2500 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP !PARCEL 'LOT INAME JADDRESS 0 Uf oa.109 ABUTTERS 'MAP iPARCEL LOT INAME ADDRESS 12 SGT J I Fl (J Mac M I N c J-5 CAW 6 t C 4--Scr— N. fw0d\AAX NANOCI 'r GILDA CA-FLill _O 4 CASTLJ- IVX oo %C -f -- --Q 6 c kSi1S- /vNV-L!P- A 1-142 WNTRICINVOL-Npio 39 A 'ALALk 11'AM SI(o Gg-A-c-&o ID4 c&sl-%&f- mca- 1, kci 45 334. MAIZID t- CAUM-OW (OsoMAO!5 WPA06UL (p5 CAS►Z fA QtC 51 - Ito N tk-A--%-A L! - 'COtcOA MA*3S LATJ'rqv- rl"'n- Lo I UW6--S cmcli fA Ati Is I ft ry i. fir* .i(•r� ~- ... Aa Received.by Town Clerk: •RECE1\'F3 JOYCE BRAD 7iiAW- TOWf4 CLEitK NORT4 ,,NDOVER TOWN OF NORTH ANDOVER, MASSACHUSETTS a BOARD OF APPEALS p1pPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 55 Union Street th P. Willner Address Boston, MA 021 OS Applicant K�nn� 617) 227_9090 and Jacqueline D. Best-WillnerTel. No. -7,3 y . is hereby made: 7l� 1. _ .. APPlication ,. / 3 3 _���� a) For a variance from the requirements of 2ction fit/ ko ��l Paragraph 4 3 }'f , 3 and Table 2 of the Zoning Bylaws,* L as in effect in 1984. �� b) For a special Permit under Section ragraph_ of the Zoning Bylaws, as in effect in 1984. 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 15 - ( Lot 1 5) CarStreet.` b) Premises affected are property with frontofe on the North ( ) South (4 East ( ) West ( ) side Carriage Chase Street. 15 (Lot 15) Carriage -Chase Street, and known as No. Street. C) Premises affected are in Zoning District 44,0 5 R1square and fehethe affected have an area of and frontage of 150.05 feet. 3. ownership: a) Name and address of owner (if joint ownership, give all names) : Kenneth P. Willner and Jacqueline D. Best -Willner Date of Purchase 12/31191 Previous Owner MarbleriaQe Dev. Corp. 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. 28 front; 38 feet deer; 4. Size of proposed building: 135 feet. Height 2 stories; a) Approximate date of erection: S:ummer,. 19.9:5 b) Occupancy or use of each floor: Single family residential c) Type of construction: wood frame J Has there been a previous premises? Unknown If so Description of relief sought appeal, when? . on this under zoning, on these petition Deed recorded in the Registry of Deeds in Book3377 Page 261 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) See attached. I W ee to pay the filing fee, advertising in newspaper, and ental expenses* ^ - Signature J,6A Pjt4titioner(s) Every application for actio, %y 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. . 4/93 ACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION FOR LOT 15 CARRIAGE CHASE STREET applicants seek approval of variances from three p1U„y1Py,,.zs of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of variances from Section 4.133(3)(c) (Watershed no - disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984.1 The conditions for the granting of the requested variances are met and the variances should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only about one-fifth the width of the lot, extends from the rear of the lot for almost two-thirds of the length of the lot, for a distance of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions (wetlands) and shape (cul-de-sac infringement) of the property in a way which is unique to the property and which does not affect generally the zoning district in which the property is located nor. for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That 100 feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The Conservation Commission as well as the purpose of the Watershed Protection provisions of the By-law call for maximizing the distance of disturbance and construction from the wetlands on the property. Given the tight space between the edge of the wetlands and the cul-de-sac, it is impossible to provide an acceptable zone 1 The applicants take the position that the property is not subject to the Watershed Protection provisions of the By-law on the ground that the wetlands on the property are not a "tributary" within the meaning of the By-law. Therefore, the applicants take the position that the granting of a variance from Section 4.133(3)(c) is not necessary for the lawful construction of the proposed dwelling. The applicants have agreed to apply for the variance but reserve their rights regarding this matter. of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law. Even then it is impossible to do so without reducing the / width of the no -disturbance area from the edge of the wetlands to some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with the neighborhood which will comply with the front and side yard setback provisions of the By-law and which will comply with the no - cut provisions of the Watershed Protection provisions of the By- law. Furthermore, the Conservation Commission has agreed to issue a modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot, as a practical matter, unbuildable, with the resulting financial and practical hardship to the applicants, who purchased the property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the property has expressed no opposition to the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. -2- For the reasons stated above, and others which will be stated at the public hearing, the applicants respectfully request that the Board grant the requested relief. Kenneth P. Willner and Jacqueline D. Best -Willner, By their attorney, Howard P. Sp9rcher Davis, Malm & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617)367-2500 -3- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Date: As you know, the Board of Appeals has granted a variance/special permit for land located at After the 20 day appeal period, pick up your plan (if one was submitted) at the Board of Appeals office at your earliest convenience. The certified copy of the decision may be obtained from the Town Clerk. This plan, along with the certified copy of the Board's decision must be recorded at the North Essex Registry of Deeds as soon as possible. If you have any questions, please call the Board of Appeals office at 688-9541. Sincerely, Julie Parrino Recording Secretary KENNETH R. MAHONY Director Town of North Andover OFFICE OF ,Z? y ° •°°c COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street _.,. North Andover, Massachusetts 01845 "SSACHUSE` (508) 688-9533 FAX TRANSMITTALDATE: zv Deliver to Company J FAX Numb e r /,q/.:Z/ Z 3 r �� d c) F r o m X//) 111.1F A X N u.'J(e�� r �:WO 6 ft8- 424! Total Number of Pages Including Transmittal BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pairino D. Robert Nicctta Michael Howard Sandra Starr KatWeen Bradley Colwell ZBA 2/8/94 Page 2 Mr. Serio asked if there was any mail received, there wasn't. Mr. Serio also asked if anyone present was against this petition. No one spoke. Richard Adams spoke for abutters Frank and Eleanor Flanders of 1132 Salem Street asking that the hearing be continued because Mr. Flanders had been scheduled for an operation. Mr. Serio asked Mr. Adams if he knew what Mr. Flanders' concerns were. Mr. Adams stated that he had no idea. Mr. Serio stated that Mr. Flanders should have hired an attorney or had Mr. Adams represent him. Mr. Willis stated that Mr. Flanders' garage is located next to Mr. DiSalvatore's property and his home is on the other side of the street. Mr. Serio then explained the proposed project to Mr. Adams. Mr. Adams took a copy of the plan for Mr. Flanders. Mr. Serio asked for a motion. Upon a motion by Mr. Vivenzio and second by Mr. Pallone the Board voted unanimously to GRANT the variance as requested. Kenneth P Willner Variance 15 Carriage Chase The Legal Notice was read by Mr. Soule. Atty. Howard Speicher represented Mr. and Mrs. Willner. Atty. Speicher stated an agreement had been reached the Conservation Commission after two years. There is a narrow strip of wetlands from the back of the lot to the front. It extends about 180' of the 300' of the lot. There is also a cul-de-sac easement with the pavement extending on to the lot. Atty. Speicher stated that the Planning Board or someone made a mistake and the easement was never recorded, but the pavement is there. Technically there is no easement, but there is a cul-de-sac on the lot. Atty. Speicher stated this petition is under the bylaw that was in effect in 1984 because that was when the subdivision approval was given this lot. There was an eight year zoning freeze from 1984 and was extended by litigation with the conservation commission. The 1984 bylaw provided that the watershed district provisions don't allow any disturbance within 25' of a tributary to Lake Cochichewick. Atty. Speicher maintains that this wetland is not a tributary to Lake Cochichewick but has agreed to come to the ZBA to ask for whatever relief is necessary. The arrangement with the conservation commission is to minimize the distance of the house from the wetland while still leaving something for a back yard. The conservation commission asked for a 20' no -disturbance zone from the edge of the wetland. The house will be no closer than 32' from the wetland. In 1984 bylaw states a 25' no -disturbance zone so the construction will be 5' closer than allowed into the no -disturbance zone. The only thing that will be in that 5' is a retaining wall to keep the lawn from creeping into the wetland and a minimal amount of construction. Mr. Serio asked which zoning district this was in. Mr. Speicher stated is in R-1 and it is also under the grand fathered provisions. Mr. Serio ZBA 2/8/94 Page 3 questioned what variances he was asking for. Atty. Speicher stated the first is for the variance from the 25' no -disturbance zone from a tributary and he feels two things should be considered. One is that he doesn't think this is a tributary, but assuming it to be a tributary, there is no room for the house because of the length of the wetland and the encroachment of the pavement from the cul-de-sac on the lot. Mr. Soule asked if the cul-de-sac is owned privately or by the town. Atty. Speicher stated it is town and an approved subdivision roadway. Mr. Serio asked if this will be the only house on the road. Speicher stated there are two other homes besides this one. The cul-de- sac was to be temporary but will now be permanent. Mr. Vivenzio asked if there is an Order of Conditions for this lot. Atty. Speicher stated that one hadn't been agreed upon. There are two other variances being requested. The first for a variance of 4' for the front setback and 11' for the side setback. The plan was done in consultation with Mr. Perna of the DPW. Mr. Perna stated that since there would only be three houses on this street, he could give up 5' of the pavement. Atty. Speicher stated there was some confusion as to whether the Special Permit should be heard by ZBA or Planning. It has been decided that it has to be heard by Planning. He will go before the Planning Board of March 1. Mr. Serio asked if anyone wished to speak in favor. Abutters, Scott Follansbee of Carriage Chase, John Pallano of 1 Carriage Chase, Nick Patrucci of 56 Castlemere and Jim Rice of 96 Castlemere all spoke in favor of the petitioner. Mr. Speicher stated that this plan will facilitate a settlement and an Order of Conditions with the conservation commission. Mr. Soule read a letter from Kathleen Colwell, Town Planner (set,- file). seefile). Mr. Serio asked Atty. Speicher if he had a problem with a continuance until the Planning Board made their decision. Atty. Speicher stated he didn't see the need for it. Mr. Vivenzio stated that in the past the Board has waited until there is ail OOC. He then asked if Atty. Speicher would have the OOC by Marctl 8. Atty. Speicher stated he should. Mr. Serio asked if there was anyone present or any correspondence received in opposition to this request. No correspondence and no one spoke. Upon a motion by Mr. Vivenzio and second by Mr.Soule, the Board voted unanimously to CONTINUE the hearing to March 8, 1994. Kenneth P Willner Special Permit 15 Carriage C_e Atty. Speicher asked for permission to withdraw without prejudice because it had been decided that the request for the Special Permit should be heard by the Planning Board. Upon a motion by Mr. Vivenzio and second by Mr. Soule, The Board voted unanimously to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. DRAFT The Board of Appeals held a regular meeting on Tuesday evening, March 8, 1994 at the Senior Citizen's Center at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin, Robert Ford and John Pallone. Mr. Vivenzio did not sit for the following hearing. Gary Shottes _ Variance _ 11 Rosedale Avenue The legal notice was read by Mr. Soule. Atty. Domenic Scalise represented the applicant seeking variances for area, frontage and sideline setback requirements in order to build a single family home. Atty. Scalise requested a continuance until the next monthly meeting because the engineering plans were not complete. Upon a motion by Mr. Karpinski and second by Mr. Vivenzio, the Board voted unanimously to CONTINUE the meeting to April 12, 1994. CONTINUED PUBLIC HEARINGS Alan J. Forbes Variance 23 Fox Hill Road Mr. Serio stated a letter had been received from Atty. John Willis, Jr. asking to withdraw without prejudice. Atty. Willis was in attendance. Atty. Zollner, representing Daniel Griffin, an abutter, wished to note for the record, his objection to this withdrawal. Mr. Vivenzio stated that the Board has always allowed the petitioner to withdraw once. He also asked Atty. Zollner if there was any prejudice being suffered by his client. Atty. Zollner stated the expenses continue and he has no doubt that the landowner will continue to pursue the project. Atty. Willis stated that he had some other avenues to explore regarding this petition. He also stated that he may request to come before the Board again in the future. Upon a motion by Mr. Vivenzio and second by Mr. Ford the Board voted unanimously to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Kenneth P. Willner Variance 15 Carriage Chase Mr. Serio asked for the letter regarding this hearing, written by Kathleen Colwell, Town Planner and Richard Doucette, Conservation Administrator. L.Dufresne, secretary, explained that Mr. Gordon had asked for the original and did not return it. Atty. Mark Speicher then spoke for the applicant. He stated that he had met with Town Counsel and Karen Nelson just to avoid the sort of questioning that was contained in the letter. A procedure was agreed to has to how he should follow through for this variance. Another letter, from K.Colwell, in opposition, was read by Mr. Soule (see file). Atty. Speicher stated he had been in contact with Karen Nelson, Director, Community Planning and Development and Joel Bard of Kopelman & Paige. Atty. Speicher stated that E i Counsel has not yet rendered an opinion as to which bylaw _ies. Atty. Speicher stated that he was expecting a decision i the Planning Board before the Board of Appeals meeting. Upon a motion by Mr. Vivenzio and second by Mr. Soule, the Board voted unanimously to CONTINUE the public hearing to the April 13, 1994 meeting. The meeting was adjourned at 9:10 p.m. Frank Serio, Chairman Linda Dufresne, Secretary The Board of Appeals held a Special Meeting on Tuesday evening, April 19, 1994 in the Board of Appeals office of the Town Hall at 7:45 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio and Scott Karpinski. DECISION Kenneth Willner Variance 15 Carriage Chase Motion by Mr. Vivenzio and second by Mr. Soule to re -open the public hearing. Vote unanimous. Upon a motion by Mr. Vivenzio and second by Mr. Karpinski the Board voted unanimously to CONTINUE the public hearing to the next meeting to be held on May 10, 1994 with the condition that the applicant file a waiver to extend the allowed time for the public hearing. The meeting adjourned at 8:00 p.m. Frank Serio, Jr. Chairman Linda Dufresne Secretary i r / / / / /' � � / , � /♦ �- i i ,i/ / � i / - / �� � / / � i > / /� / � � i ./ **************************** Kenneth P. Willner * DECISION 15 Carriage Chase North Andover, MA 01845 * Petition #007-94 7C The Board of Appeals held a public hearing on Tuesday evening, January 25 continued to February 8, March 8, April 12 then continued to April 19 for a Special Meeting where the public hearing was re -opened then continued to May 10, 1994 upon the application of Kenneth P. Willner requesting a variation of Section 4.133, Paragraph 3(c) and Table 2 of the Zoning Bylaw in effect in 1984, so to permit construction of a dwelling in the watershed no -disturbance zone on the premises located at 15 (Lot 15) Carriage Chase. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on January 25 and February 1, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Ford, the Board voted unanimously to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. Dated this 20th day of May 1994. BOARD OF APPEALS Frank Serio, Jr. Chairman ��v ..y.. i!iy.'Y 2�••s � �:.� _ {� .� __ _ 'aif�i2.a ..�€xn. r� �»a •�,4il>]1`kCt11:3Yitldi ]SiJa;�=1 ca_�+Y ss :. Town of North Andover t NORTH I+ OFFICE OF ,�?� t� ` ' °c COMMUNITY DEVELOPMENT AND SERVICES - p 146 Main Street 3''� %•'`<h KENNETH R. MAHONY North Andover, Massachusetts 01845 9sS,4 cHUSEt Director (508) 688-9533 Memorandum To: Bob Nicetta, Zoning Code Enforcement Officer From: Kathleen Colwell, Town Planner Y�P-�C_ Date: June 12, 1995 Re: Lot 15 Carriage Chase / Wilner v. Planning Board 1. The Wilners applied for a special permit with the Planning Board in February of 1994. Although the Wilners applied under the 1984 Zoning Bylaw, the Planning Board was of the opinion that the 1994 Zoning Bylaw should apply. The standards of the 1994 Bylaw are much stricter than the 1984 Bylaw therefore the Planning Board denied the special permit. 2. The Wilners subsequently sued the Planning Board. During the review of documents for the suit, it became apparent that the Planning Board would have a difficult time winning this case given the precedent set by the Board on other sites and given the fact that the buffer zones from the house to the wetland edge were approved by Conservation in their settlement with the Wilners. Also, the fact that the Conservation Commission settled with the Wilners made the legal argument that the 1994 Bylaw applied difficult. 3. The Planning Board decided to settle the suit with the agreement that the 1984 bylaw applied. The logic for this argument is set forth below: a. Lot 15 Carriage Chase was created as part of the Marbleridge Subdivision. The preliminary subdivision plan was filed in the Spring of 1984. The preliminary plan was followed by a definitive plan which was approved by the Planning Board on January 8, 1985. The plans were endorsed on March 13, 1985. Under Mass General Law the property is considered subject to the North Andover Zoning Bylaw as it was in effect at the time of submission of the preliminary subdivision plan (May of 1984) and for eight years running from the endorsement of the plan (March 13, 1985) as extended by the period of any litigation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell . The property was the subject of litigation with the North Andover Conservation Commission. The litigation commenced prior to March 13, 1993 and was resolved favorably to the Wilners by a settlement. Therefore, the property is subject to the North Andover Zoning Bylaw in effect in May of 1984. C. Under the 1984 North Andover Zoning Bylaw, no construction may occur within one hundred (100) feet horizontally from the edge of all tributaries, except by Special Permit issued by the Planning Board. (see attached copy of this section) 4. On June 6, 1995 the Planning Board granted a special permit under Section 133, Paragraph (3)(d) of the Zoning Bylaw in effect in 1984, for the purpose of allowing the construction of a single family home and related improvements on Lot 15 Carriage Chase. 5. The Wilners have requested a variance from the requirement in the 1984 Bylaw that a no -cut buffer zone exist twenty-five feet horizontally from the edge of all tributaries in the Watershed. The Conservation Commission agreed to a twenty foot no -cut zone as part of their settlement. Although the Planning Board would have preferred a twenty-five foot buffer, it was difficult for the Board to argue that the additional five feet was necessary to protect the tributary given that Conservation had agreed to twenty feet. Given the determination made by Conservation, I recommend that the Zoning Board grant this variance. wilner. mem regardless of ownership and the operation n studd farms. riding academies, stables, equestrian dairy farms, and poultry batteries. products raised as a result of d) The sale of P subject land. the above uses on the 4.133 Watershed District (1) purpose: The Watershed District surrounding Lake COChich- our ewi ck , source of water supply• is -intended to preserve and maintain the lfiltration nd, tthenground purification function of fhtheaground water and water table, the purity the lake, to conserve lic health, safetythe natura, and to protect the pub welfare. (2) Prohibited Uses: rash a) Dumping t , rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: re a) Boundaries of the WatersondtheDistrict certified designated specifically 1978 and North Andover Watershed Map: These maps are shown on the zoartgof this By -Law and are hereby made a P are on file in the office of the Town Clerk, divides b) When the Watershed District boundary di a lot of record on June 26, 978 in o set ng By -Law applying ownership, all the zoning reg is the forth in this Zoni part by area of such lot so divided greater Special Permit, be deemed to apply may, by and such Watershed and govern at and bey to an extent not District boundary, but only more than one hundred (100) linear feet in depth (at a right angle to such boundary) art by area of such lot so into the lesser p divided. 3 t one hundred C) p, no -cut buffer zone shall exis .A, -38- fifty (150) feet horizontally from the annual mean high water mark of Lake Cochich- ewick and twenty-five (25) feet horizontally from the edge of all tributaries in the Watershed. d) No construction shall occur two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet horizontally from the edge of all tribu- taries, except by Special Permit. 4.134 Flood Plain District (1) Flood Plain District The Flood Plain District is herein established as an overlay district. The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in floodplains and the following additional requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, Al -30 on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. (2) Development Regulations a) Within Zone A of the Flood Plain District, where base flood elevation is not pro- vided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appro- priate, of the State Building Code. b) In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: 04 do p LM o o0 N th M z O N N1 Ln 0 C rn O H in Or r C N O O O tnd O r1 z LU*lnn rl rl N N Ln O 'd In .� dP a in \ p`ino 0 0 0- '^ o o+ z 'n p In In M in o co -4 dP a 0 p 0 0 o m z O In p In In in -A+ In in C .a c H OD 0W In C4 (4 in a vii o a � N <`' z m z o 4 do a O Ln In in N .. z O tnn in • O N ri W ` O in O O Ln Ln O \ O m2 p0 M p O m O {Cp�q Nr a m� .4 do a a Ln NN in 0 to \ en Z I $ Ln O m u� N N N ^ ro o 0 0 t^O N 7N In E N N dP a O 0 fnz H A O tnin o M N N O .d p i+ m N E d dp to to « O w 4'f O In O O in O N In N 1 O .r 4 m Ln1` In .•1 O .-1 3 E E 4)Lnto M � m In o a a a c z z z Ln ao ar a a o In,n 0 o N a a a \ \ \ O fn N z z z 0 .4 a a a In -+ a p InIn O `^ O O M a "1 r- z z z oroG @ ai I 1 e a E v144 c x 10,.. to0 ro ►el"q ++� 1 14 ►°1+ X m 011 d fd ow w� W� N c �.w azi p uan .1i Aim M i E anT_ .. ►+ v �� b at 1 �► 4j. 0 — a++ (u m +a� e \a °0+ „c x w 1 w Ic a 041 1►+ a E 0 0 6 I Q ro JJ row aE az ate-- wA--V�1 v a A v WOG Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. 66 :b. '►�sAcH11� +...... TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NO -TI -CE. -OF DECISION RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER, JUL 14 1124 AM '99 Date 7.24.95 Petition No. 027-95 Date of Hearing June 13 July 1,J, 1995 Petition of Kenneth & Jacqueline Wilner Premises af--fected Lot 15 Carriage Chase Referring to the above petition for a variation from the require-e-ts o= Section 4.133, para, (3) (c) of the 1984 Zoning Bylaw so as to permit relief of 5 feet for purposes of the construction of a new house in the 25 foot no cut zone to a wetland resource area in the Watershed District. The applicants also requested a variatic from Section 7, para. 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 11 feet from the left side setback requirement of 30 feet and relief of 4 feet from the front setback requirement of 30 feet . A --':ter a public hearing given on the above date, the Board of Ap=e= -_s voted :o GRANT the Var;an_P. and hereby autzor_ze the Building Inspector to issue a permit to: Kenneth & Jacqueline Wilne Z or t -'-.e construction of the above work, UNMEXXXXXXXXXXIM22XX, cxX'kXxk�-Axx The Board finds that the petitioner has satisfied the provisions of Section 10, para. 10.4 of the Zoning Bylaw and that the granting of the variances will not adversely affect the neighborhood or derogate from the the intent and purpose of the Zoning Bylaw. Board of Appeals, Joseph Faris John Pallone Robert Ford Elle McIntyre M� RECciVE JOYCE BRAQS"W TOWN CLERK N RS ANDOVER Town of North �A over � N0RTN OFFICE �7L �:� [t4 �`r � J� °f t�a0 1ti t �� 3� �<< Ia,•O°L COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 9SS�c►+us�` Director (508) 688-9533 Kenneth & Jacqueline Wilner * Decision 55 Union Street Petition # 027-95 Boston, MA 02108 The Board of Appeals held a regular meeting on June 13, 1995 and continued until+ July 11, 1995 upon the appeal of Kenneth & Jacqueline Wilner requesting a variation of Section 4.133, para. (3) (c) of the 1984 Zoning Bylaw so as to permit relief of 5 feet for purposes of the construction of a new house in the 25 foot no cut zone to a wetland resource area in the Watershed District. The applicants also requested a variation from Section 7, para 7.3 and table 2 of the Zoning Bylaw so as to permit relief of 11 feet from the left side setback requirement of 30 feet and relief of 4 feet from the front setback requirement of 30 feet for a proposed house to be located at Lot 15 Carriage Chase Road. The following members were present and voting: Robert Ford, Joseph Faris, Ellen McIntyre and John Pallone. The public hearing was advertised in the North Andover Citizen on May 24 and May 31, 1995 and all abutters were notified by regular mail. Motion by Joseph Faris to Grant the Variances as requested, seconded by Ellen McIntyre. Vote: unanimous. Voting in favor: Robert Ford, Joseph Faris, Ellen McIntyre, and John Pallone. The Board finds that the petitioner has satisfied the provisions of Section 10, para. 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated: July -24, 1995 BOARD OF APPEALS 688-9541 BUILDING 688-9545 Julie Parrino D. Robert Nicetta Board of Appeals, Joseph Faris John Pallone Robert Ford Ellen McIntyre CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Michael Howard Sandra Starr Kathleen Bradley Colwell DAVIs, MALM & UA,GOSTINE A PROFESSIONAL CORPORATION Julian J. D,Agostine Carol R. Cohen C. Michael Malm Howard P. Speicher Harold R. Davis Paul L. Feldman Frank P. Conrad Kevin F. Long William F. Griffin, Jr. Peter L. Koff Paul E. Levenson Gary M. Feldman Robert C. Gerrard George A. Hewett John G. Serino Harold G. Clarke, Jr. John R. Berman Robert J. Diettrich Sidney J. Wartel J. Gavin Cockfield Gary S. Matsko Ellen Donovan McCann Judith Ashton Thomas S. Fitzpatrick John T. Lynch Robert E. Richards, Jr. Grover S. Parnell, Jr. Jennifer L. Wilinsky Robert J. Galvin Lori H. Freedman John D. Chambliss FEDERAL EXPRESS Board of Appeals North Andover Town Offices 120 Main Street North Andover, MA 01845 ATTENTION: Julie Parrino ONE BOSTON PLACE BOSTON, MASSACHUSETTS 02108-4470 July 6, 1995 Re: Kenneth Willner/Lot 15, Carriage Chase. North Andover Dear Ms. Parrino: As the Board requested at the hearing regarding the above referenced property on June 13th, enclosed please find a revised application and five (5) copies of a sketch plan. The revised application contains the information which had been missing on paragraph 6 of the application. Also, the Board's form entitled "Description of Variance Requested" has been included with the relevant information filled in. The sketch plan, as the Board requested, shows the distances from the abutters' houses to the lot line of the Willner property. The Board should be aware that the houses as shown on the plan are not drawn to scale, although we believe the setbacks showy_ to be accurate. Please bring these documents to the Board's attention prior to the continued meeting on July 11th. If you or the Board have any questions or if the Board requires any additional information, please let me know as soon as possible. Thank you for your cooperation in this matter. cc: Kenneth Willner Joel B. Bard, Esq. J:\,SPE (CHER\W I LLNER\BDOFAPP. LT Very truly yours, Howard P. peicher COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. TOWN OF NORTH ANDOVER PETITION # -95 BOARD OF APPEALS DECISION OF THE BOARD OF APPEALS ON THE VARIANCE APPLICATION FOR LOT 15 CARRIAGE CHASE The Board of Appeals held a regular meeting on Tuesday, June 13, 1995 on the application of Kenneth P. Willner and Jacqueline D. Best -Willner for variances described below to permit the construction of a single family dwelling on the property at lot 15, Carriage Chase. The following members were present and voting: The hearing was advertised in the Eagle Tribune on May , 1995 and May 1995 and all abutters were notified by regular mail. The applicants, Kenneth Willner and Jacqueline D. Best -Willner are the owners of Lot 15, Carriage Chase Street, (the "Property") which was approved as a building lot as part of the Marbleridge Estates Subdivision by the Planning Board on a definitive subdivision plan submitted to the planning board in October, 1984 and endorsed March 13, 1985. The Property and the right to build on the Property has been the subject of litigation with the Conservation Commission, the Planning Board and the Town since December, 1992. The Willners seek approval of variances from three provisions of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of variances from Section 4.133(3)(c) (Watershed no - disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984, although it should be noted that the front and side yard setback provisions are the same under the current By-law as they were in 1984. The Willners purchased the Property in December, 1991, after having been shown an expired building permit that had been issued for construction on the Property in 1986. The Property is presently located in an R-1 zoning district, although at the time the subdivision plan was endorsed, the zoning district was designated R-2. The Property is located on the cul-de-sac at the end of Carriage Chase, and the cul-de-sac in fact encroaches about twenty feet onto the Property from the front lot line. The Property also has a substantial area of wetlands on it, extending from the rear of the Property for about one hundred and eighty feet toward the front of the Property. There is apparently some question raised by the applicants whether the Property is subject to the Watershed Protection District provisions of the Zoning By-law. The Watershed Protection District provisions of Section 4.133(3)(c) of the By-law call for a no -disturbance zone of twenty-five feet from any "tributary" of Lake Cochichewick. The applicants contend that the wetlands on the Property do not constitute a "tributary" and that therefore the Watershed Protection provisions do not apply. Nevertheless, while reserving their rights, the applicants have requested a variance from the Watershed Protection provisions of the By-law. The Board will treat the Watershed Protection District provisions as applicable to the Property for the purposes of this decision. The projection of a narrow but lengthy area of wetlands over approximately the rear two-thirds of the length of the Property has made developing the lot a difficult proposition. The confluence of zoning setback requirements and the one hundred foot buffer zone from the wetlands under the Wetland Protection Act and the local wetland by-law make it impossible to site a dwelling on the -2- Property which will maintain a distance from the wetlands adequate to satisfy the requirements of the Conservation Commission for protection of the wetlands and still respect the required thirty foot setbacks called for by Table 2 of the Zoning By-law. The applicants have recently resolved their differences with the Conservation Commission and the Planning Board over the siting of the dwelling planned for the Property, and -the plan submitted to the Board reflects the settlement upon which the Conservation Commission has issued a Modified Order of Conditions and the Planning Board has approved a special permit for the Property. The plan calls for a no -disturbance zone from the wetlands of twenty feet, to be delineated as shown on the plan by a stone retaining wall between the wetlands and the house. The house itself will be no closer than thirty-two feet from the wetlands. However, these requirements contained in the Modified Order of Conditions and the special permit cannot be met without encroaching by four feet into the required front yard setback and by eleven feet into the required side yard setback on one side of the Property. An alternative solution, building a smaller house than the one proposed by the applicants, is not an available option. All of the lots in the subdivision, including the Property, are subject to a private deed restriction requiring that houses built in the subdivision contain at least 3200 square feet of living area. The proposed structure is barely larger than the minimum at 3700 square feet and cannot be reduced in size enough to make an appreciable difference in the distance of the house from the wetlands. Based on the facts found by the Board as outlined above, the board finds that the conditions for the granting of the requested variances are met and the variances should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the Property which especially affect the Property but not generally the zoning district in which it is located. The Property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only -3- about one-fifth the width of the lot, extends from the rear of the lot for almost two-thirds of the length of the lot, for a distance of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions (wetlands) and shape (cul-de-sac infringement) of the Property in a way which is unique to the Property and which does not affect generally the zoning district in which the Property is located nor for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That 100 feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The Conservation Commission and the Planning Board as well as the purpose of the Watershed Protection provisions of the By-law call for maximizing the distance from the wetlands of disturbance and construction on the Property. Given the tight space between the edge of the wetlands and the cul-de-sac, it is impossible to provide an acceptable zone of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law. Even then it is impossible to do so without reducing the width of the no -disturbance area from the edge of the wetlands to some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with the neighborhood and in compliance with the private deed restrictions for the subdivision which will comply with the front and side yard setback provisions of the By- law and which will comply with the no -disturbance provisions of the Watershed Protection provisions of the By-law. Furthermore, the Conservation Commission has issued a Modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot unbuildable, with the resulting financial and -4- practical hardship to the applicants, who purchased the Property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the Property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the Property, along with the other abutters, has expressed support for the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. For the reasons stated above the Board voted to grant the requested variances from the no -disturbance zone provisions of the Watershed Protection District section of the By-law and from the front yard and side yard setback requirements of the By-law to the extent necessary for the construction of a dwelling on the Property as shown on the plan submitted to the Board with the application. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS -5- Date: ` I Received, by Town Clerk: 1, -- TOWN OF NORTH ANDOVER, MASSACHUSETTS _. BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 55 Union Street Applicant Kenneth P. Willner Address Boston, MA 02108 and Jacqueline D. Best-WillnerTel. No. (617) 227-9090 1, Application is hereby made: a) For a variance from the requirements of Section 4.133 Paragraph(3)(c) and Table 2 of the Zoning Bylaws,* as in effect in 1984. b) For a special Permit under Section 3Paragraph of the Zoning Bylaws, as in effect in 1984. 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- (Lot 15) Carriage C FaStreet. Street. b) Premises affected are property with frontage on the North ( ) South (x) East ( ) West ( ) side of Carriage Chase Street. Street, and known as No. 15 (Lot 15) Carriage Chase Street. C) Premises affected are in Zoning District R1 and the premises affected have an area of square and frontage of 15_ feet. 3. ownership: a) Name and address of owner ames) (if joint ownership, give all n Kenneth P. Willner and Jac Date of Purchase 12 31 91 eline D. Best -Willner Previous owner LnarDitcridge Dev. Corp. 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: 128 front; 38 feet deep; Height 2 stories; 35 feet. a) Approximate date of erection: Sprin 3 1994 b) Occupancy or use of each floor: Single family residential C) Type of construction: wood frame 5. Has there been a previous appeal, premises? Unknown If so, when? - 6. Description of relief sought qn this RD_ NVL. 7.3 v-74 LIP 2 04"1191td',._/a,.s ; ee1(�+ -P // under zoning, etition At •r'(" 19an.. 3( on these 7f ru-SiTT 17 s loft or- fo► ) 4n4 &iter _p 7. Deed recorded in the Registry of Deeds in Book3377 Page 261 Land Court Certificate No. Book Page �a� S��os. 2S-�o•1��fa -cK�' zvk.e.-Fra� �i`, b.,i� r� u•��rSec�? �. �•. /33 � ra. C3�Cc��/Qy�' The principal points upon which I base my application are as -9/-410. follows: (must be stated in detail) Sen attached. I agree to pay the filing fee, advertising in newspaper, and inciglental expenses* ker S ignaturg.: f'• Petitioner (s) Every application for actioii 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. IXW.' ' r.}lap . 4/93 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: Required Setback or Area Lot Dimension A'A Area /" 4f Street Frontage Front Setback Side Setba k(s) (�&j�Pr1 3 Y Rear Setback �T%rciS �� etback or Area Relief Requested A014 3D �ee� 2�O 30 beef Special Permit Request: OTtfE R N,0-CL,tzvxe, I q het it Ae7— zo -Ae+ s%t ,,ST OF PARTIES OF INTEREST SUBJECT PROPERTY ARI ITTFRS ATTACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION FOR LOT 15 CARRIAGE CHASE STREET The applicants seek approval of a special permit and variances m three provisions of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of a special permit for construction of a dwelling in accordance with Section 4.133(3)(d), the Watershed Protection district, as in effect in 1984, and variances from Section 4.133(3)(c) (Watershed no -disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984. The conditions for the granting of the special permit are met and the special permit should be granted for the following reasons: A. The specific site is an appropriate location for the use, structure or condition. The site is presently in an R-1 single family residential zoning district. The proposed use and structure is a single family dwelling consistent with the allowed uses in the district. The property is also in the Watershed Protection overlay district and as such is subject to the special permit requirements of the By-law if the proposed construction is within 100 feet of a tributary of Lake Cochichewick.l The proposed dwelling is located as far as is practically possible on the site from the wetlands on the site. There is no location on the property where the dwelling could be constructed without being within the 100 foot buffer zone from the wetlands. B. The use as developed will not adversely affect the neighborhood. The single family use proposed for the property is consistent with the single family character of the neighborhood and will not adversely affect the neighborhood in any way. Conditions on the development of the property contained in the Order of Conditions issued for the property by the North Andover Conservation Commission further assure that there will be no adverse impact or effect on the neighborhood or on the drinking water supply as a result of the construction on and use of the property. 1 The applicants take the position that the property is not subject to the Watershed Protection provisions of the By-law on the ground that the wetlands on the property are not a "tributary" within the meaning of the By-law. Therefore, the applicants take the position that the granting of the special permit and the variance from Section 4.133(3)(c) is not -necessary for the lawful construction of the proposed dwelling. The applicants have agreed to apply for the variance and special permit but reserve their rights regarding this matter. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The property is located on an approved subdivision roadway and will be used for a single family dwelling in accordance with the subdivision approval. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The property will have the benefit of town water and sewer facilities, thereby protecting the watershed from the adverse effects of the use of a septic system. The property will also be subject to other protections during construction as provided for in the Order of Conditions. These include the construction of a retaining wall 20 feet from the edge of the wetlands on the property, a restriction against any cutting, grading or other activities within 20 feet of the wetlands and the addition of a pond which will be beneficial to the wetlands and the watershed. E. The use is in harmony with the general purpose and intent of the By-law. The purpose of the Watershed Protection provisions of the By-law is to protect the integrity of Lake Cochichewick as a supply of drinking water. That purpose is amply protected by the proposal before the Board. The degree of involvement of the wetlands on the property as a "tributary" of Lake Cochichewick, if any, is arguable and is at best marginal in any case. At the same time, the proposal affords more than adequate protection to the wetlands on the property to the extent that they function at all as a part of the water supply. Standard precautions, such as the use of hay bales, will be taken' to protect the wetlands during construction to facilitate erosion control. Other precautions have been taken for protection of the watershed after construction. These include a prohibition against underground fuel storage; use of town water and sewer facilities, thereby avoiding the need for a well or septic system; a prohibition against the use of pesticides and herbicides within 100 feet of the wetlands; a requirement that only organic fertilizers with a low nitrogen content be used; and construction of a retaining wall to protect the integrity of the 20 foot no -disturbance zone, as well as other provisions specified in the Order of Conditions. The conditions for the granting of the requested variances are met and the variances should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape -or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only about one-fifth the width of the lot, extends from the rear of the lot for almost two-thirds of the length of the lot, for a distance of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions -2- (wetlands) and shape (cul-de-sac infringement) of the property in a way which is unique to the property and which does not affect generally the zoning district in which the property is located nor for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That 100 feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The Conservation Commission as well as the purpose of the Watershed Protection provisions of the By-law call for maximizing the distance of disturbance and construction from the wetlands on the property. Given the tight space between the edge of the wetlands and the cul-de-sac, it is impossible to provide an acceptable zone of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law. Even then it is impossible to do so without reducing the width of the no -disturbance area from the edge of the wetlands to some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with .the neighborhood which will comply with the front and side yard setback provisions of the By-law and which will comply with the no - cut provisions of the Watershed Protection provisions of the By- law. Furthermore, the Conservation Commission has agreed to issue a modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot, as a practical matter, unbuildable, with the resulting financial and practical hardship to the applicants, who purchased the property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by - maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are -3- only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the property has expressed no opposition to the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. For the reasons stated above, and others which will be stated at the public hearing, the applicants respectfully request that the Board grant the requested relief. .J:\SPEICHER\W ILLN ER\BDOFAPP.APP. -4- Kenneth P. Willner and Jacqueline D. Best -Willner, By their attorney, Howard P.§p-'ciher Davis, Malmo& D'Agostine, P.C. One Boston Place Boston, MA 02108 (617)367-2500 L IST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL 'LOT !NAME JADDRESS ):lgrcm Q. ujlt_l_v-<k AN8 tj I ol IN �_4E -- LA) ILWJVL 0110, ABUTTERS -MAP !PARCEL :LOT INAME JADDRESS 31) 1 CONN�-C-k)(-(A % FifuNNUM itic- T A 6 E C I A-Scr- H, IRCRNhNOD r GILDA CA-FtAll qq CASxL IV% 6 15 Co- 1 C)o cl �s_) VC ANIRX�_ 314 'N'TZICIN VDL-Nrjo D CAR(LkKbc,_ i � Bu-il pt Q)W% TC(A3 luj1-%1ktN 10D pEt:k OF<u8)3f_-r_T (�:,"�Arf 3D A ILALAI-L k I ID 4- C mq&_ NNowra- =q 5 334. MA(ZID CAvAl-LAQ0 asat a rju (rJj�,Lt VO**04 WftkrJ6VL (. C ?!5 (\S i 1499. L+s I phw--,, PAT"c(_� blACMarr_ m4dL-2- I qq CoAc tj fA j\o, LA ov- t-m-ory NY -DL)./ Vl- rm I ri S T MCC17- : EL 3so 0 .- AD Q)Z\ Town of North Andover t NORTh , OFFICE OF 3? o 6`"60 `"6o , °oma COMMUNITY DEVELOPMENT AND SERVICES - 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 "SSACHUSEt Director (508) 688-9533 MEMORANDUM TO: Bob Nicetta, Building Inspector FROM: Michael Howard, Natural Resource/Land Use Planner DATE: June 27, 1995 RE: Lot 15 Carriage Chase (DEP # 242-627) Previous correspondence dated June 13, 1995 from this Department summarizing the status of Lot 15 Carriage Chase cites the necessity of a 401 Water Quality Certificate from the state. This is inaccuarate and no longer a requirement because work is limited to the buffer zone and outside the limits of wetland resource areas. The remainder of the memorandum is accurate. rZ nrE�c�E�ly E D 19 D OF APPEALS BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pan ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Town of North Andover* NORTH 1 OFFICE OF 3? O `s� a o, e a {C COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street #� n0'4''`;a KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSgCHUS�� Director (508) 688-9533 MEMORANDUM TO: Mr. Bob Nicetta, Building Inspector FROM: Michael Howard, Natural Resource/Land Use Planner DATE: June 13, 1995 RE: Lot 15 Carriage Chase (DEP # 242-627) Per your request, I have reviewed the Order of Conditions for the above referenced project. I offer the following comments: • An Order of Conditions (OOC) was issued on December 10, 1992 (expiration date 12/95); • The OOC was appealed and a subsequent Superseding Order was issued by the Department of Environmental Protection (DEP); • A 401 Water Quality Certificate from the state is required prior to initiating any construction activities; • The North Andover Conservation Commission (NACC) granted a waiver from the 50 ` No - Build Zone (agreed on a building setback of approx. 321rom the edge of wetlands); • The North Andover Conservation Commission (NACC) granted a waiver from the 25' No - Disturbance Zone through a MODIFICATION dated 4/12/94 (agreed on a limit of work setback of approx. 20' from the edge of wetlands); • A second modification was submitted to this Department detailing a proposed yard drain. I am of the opinion that the proposed changes are minor and do not warrant further review by the NACC. The modification plan entitled "Plan of Land", revision date 5/1/95, has been placed in the file and is now the plan of record. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicene Michael Howard Sandra Starr Kathleen Bradley Colwell I Received..by Town Clerk: JOYCE BRAD` i AW• TOWf-I CLERK NORTH► ANDOVER _-._.. _.. TOWN OF NORTH ANDOVER, MASSACHUSETTS jA+ j g� a BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 55 Union Street Applicant Kenneth P. Willner Address Boston, MA 02108 and Jacqu-line D. Best-WillnerTel. No. (617) 227-9090 w,A- � 3 t 1, --Application is hereby made: %� a) For a variance from the requirements of ection Paragraph (�� 3 and Table 2 of the Zoning Bylaws,* K/? r�, as in effect in 1984. l�( Q/ b) For a special Permit under Section—, Paragraph_ of the Zoning Bylaws, as in effect in 1984. for c) As a Party Aggrieved, rieved, for review of a decision made by (� the Building Inspector or other authority. 5 2. a) Premises affected are land and building(s) numbered 15 -(Lot 15) Carriage CF—ase" Street. b) Premises affected are property with frontage on the North ( ) South (.-4 East ( ) West ( ) side of Carriage Chase Street. 15 (Lot 15) Carriage Chas Street, and known as No. Street. C) Premises affected are in Zoning District R1 squa landhe premises affected have an area of feet_ and frontage of 150.05 feet. 3. ownership: a) Name and address of owner (if joint ownership, give all names) : Kenneth P. Willner and Jacqueline D. Best -Willner Date of Purchase 12/31/91 Previous Owner Marbletidge Dev. Corp. 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: 128 front; 38 feet deep; _ Height 2 stories; 35 feet. a) b) . c) . Approximate date of erection.- occupancy rection: S-umme r;.. 19.95- Occupancy or use of each floor: Single family residential Type of construction: wood frame . � I LAO 5. 6. 7. Has there been a previous appeal, under zoning, on these premises? Unknown If so, when? Description of relief sought on this petition Deed recorded in the Registry of Deeds in Book3377 Page 261 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) See attached. I ag ee to pay the filing fee, advertising in newspaper, and i . ental ex enses* . Signature A,t PAtitioner(s) Every application for actio, 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. . 4/93 a ,,ST OF PARTIES OF INTEREST SUBJECT PROPERTY ARI ITTFRR ATTACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION FOR LOT 15 CARRIAGE CHASE STREET The applicants seek approval of variances from three provisions of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of variances from Section 4.133(3)(c) (Watershed no - disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984.1 The conditions for the granting of the requested variances are met and the variances should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only about one-fifth the width of the lot, extends from the rear of the lot for almost two-thirds of the length of the lot, for a distance of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions (wetlands) and shape (cul-de-sac infringement) of the property in a way which is unique to the property and which does not affect generally the zoning district in which the property is located nor.. for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That 100 feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 131, Sec. 40. The Conservation Commission as well as the purpose of the Watershed Protection provisions of the By-law call for maximizing the distance of disturbance and construction from the wetlands on the property. Given the tight space between the edge of the wetlands and the cul-de-sac, it is impossible to provide an acceptable zone 1 The applicants take the position that the property is not subject to the Watershed Protection provisions of the By-law on the ground that the wetlands on the property are not a "tributary" within the meaning of the By-law. Therefore, the applicants take the position that the granting of a variance from Section 4.133(3) (c) is not necessary for the lawful construction of the proposed dwelling. The applicants have agreed to apply for the variance but reserve their rights regarding this matter. of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law.. Even then it is impossible to do so without reducing the width of the no -disturbance area from the edge of the wetlands to some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with the neighborhood which will comply with the front and side yard setback provisions of the By-law and which will comply with the no - cut provisions of the Watershed Protection provisions of the By- law. Furthermore, the Conservation Commission has agreed to issue a modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot, as a practical matter, unbuildable, with the resulting financial and practical hardship to the applicants, who purchased the property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the property has expressed no opposition to the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. -2- For the reasons stated above, and others which will be stated /atthe public hearing, the applicants respectfully request that the Board grant the requested relief. Kenneth P. Willner and Jacqueline D. Best -Willner, By their attorney, Howard P. Spcher Davis, Maim & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 -3- LIST OF PARTIES OF INTEREST f SUBJECT PROPERTY MAP IPARCEL 'LOT !NAME (ADDRESS wxm P. WIL-IkKA Alib o55 uri IDIJQ E-5- �z �TvWjil MA" 07,109 ABUTTERS MAP --T PARCEL 'LOT NAME ADDRESS 31) 13 Fj (U WCj M I ti C 6 cEIASSS tJ. 4 i q �- lPCR(,JMl-3DC) t-61LIDIA C16,-VU6 (;Z4 CASIY� /Vt (-- 6 loo IZ AM4S ccztrj:-etx Q 6 c f if�&U–Jyr68 -\-13 6 Q41–VcA3 FUJi-k-TAiN 10D PE-t:—t QV-- f 7�- UZ3 Pl" Kq T 3 A, 11 ICA LA I -L l ,R(LbNO C'(2A-s.&C) ID4 kq 5 I 334- MA(ZiD t- Mir\x.(\Q0 on, E: WEILIE- i to i FRf N PkA--� N L(e \�L)6 r)s to i Q-0 Alt 4S -*-sLAstxr3 VpP(,tt tN CA (aclifAw's LArvi CA)?! 3,43 t wJ ov- t-m-tw PW-DL-xj Wt- r(A ri 0 N T c N 5�z\ Z; iL CIA K-� LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL 'LOT jNAME �(ADDRESS ABUTTERS WAP !PARCEL :LOT NAME ADDRESS _C81W6 tNAS` N,in CAs--iL,F- tot C fA\ SC- rcr- A (%,Cc i CA U&b,,- cvkAs-- f-- cr TZ --c ASTI (VO:a� RCC iv\ VUL CO&OA MA*3 LAT-j4- C6AQi rAf\Q ', LA Ila CL itjc 1 50 100 Jh �rJDC) I UD A 13 A &U TT�z-& -2 IA LA Li, C) CAJr\x,-AQc) UAP'!l L6 ftA\tJ6 cf- q 3so 0 UW OV- f-m-ory AY -001i CriL _C81W6 tNAS` N,in CAs--iL,F- tot C fA\ SC- rcr- A (%,Cc i CA U&b,,- cvkAs-- f-- cr TZ --c ASTI (VO:a� RCC iv\ VUL CO&OA MA*3 LAT-j4- C6AQi rAf\Q ', LA C. N N � J V` r %D ®m coC �2C �r 1, # Y E L . r XL I= W � H LLI � I !n C. N N � J V` r %D ®m coC �2C �r 1, # Y E L . r `t !n OP:RE\\.J Tyvek® Contains `. Stock # R 4460 • Recycled Mater Consualar WaN re1easeStnP Mad@ In USA HDPE Please Recycle. 1 Town of North AndoverNORTH OFFICE OF Sao, .o •,foo COMMUNITY DEVELOPMENT AND SERVICES 0 . p 146 Main Street KENNETH IL MAHONY North Andover, Massachusetts 01845 "Ssuse S Director (508) 688-9533 Memorandum To: Bob Nicetta, Zoning Code Enforcement Officer From: Kathleen Colwell, Town Planner Date: June 12, 1995 Re: Lot 15 Carriage Chase / Wilner v. Planning Board 1. The Wilners applied for a special permit with the Planning Board in February of 1994. Although the Wilners applied under the 1984 Zoning Bylaw, the Planning Board was of the opinion that the 1994 Zoning Bylaw should apply. The standards of the 1994 Bylaw are much stricter than the 1984 Bylaw therefore the Planning Board denied the special permit. 2. The Wilners subsequently sued the Planning Board. During the review of documents for the suit, it became apparent that the Planning Board would have a difficult time winning this case given the precedent set by the Board on other sites and given the fact that the buffer zones from the house to the wetland edge were approved by Conservation in their settlement with the Wilners. Also, the fact that the Conservation Commission settled with the Wilners made the legal argument that the 1994 Bylaw applied difficult. 3. The Planning Board decided to settle the suit with the agreement that the 1984 bylaw applied. The logic for this argument is set forth below: a. Lot 15 Carriage Chase was created as part of the Marbleridge Subdivision. The preliminary subdivision plan was filed in the Spring of 1984. The preliminary plan was followed by a definitive plan which was approved by the Planning Board on January 8, 1985. The plans were endorsed on March 13, 1985. Under Mass General Law the property is considered subject to the North Andover Zoning Bylaw as it was in effect at the time of submission of the preliminary subdivision plan (May of 1984) and for eight years running from the endorsement of the plan (March 13, 1985) as extended by the period of any litigation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell b. The property was the subject of litigation with the North Andover Conservation Commission. The litigation commenced prior to March 13, 1993 and was resolved favorably to the Wilners by a settlement. Therefore, the property is subject to the North Andover Zoning Bylaw in effect in May of 1984. C. Under the 1984 North Andover Zoning Bylaw, no construction may occur within one hundred (100) feet horizontally from the edge of all tributaries, except by Special Permit issued by the Planning Board. (see attached copy of this section) 4. On June 6, 1995 the Planning Board granted a special permit under Section 133, Paragraph (3)(d) of the Zoning Bylaw in effect in 1984, for the purpose of allowing the construction of a single family home and related improvements on Lot 15 Carriage Chase. 5. The Wilners have requested a variance from the requirement in the 1984 Bylaw that a no -cut buffer zone exist twenty-five feet horizontally from the edge of all tributaries in the Watershed. The Conservation Commission agreed to a twenty foot no -cut zone as part of their settlement. Although the Planning Board would have preferred a twenty-five foot buffer, it was difficult for the Board to argue that the additional five feet was necessary to protect the tributary given that Conservation had agreed to twenty feet. Given the determination made by Conservation, I recommend that the Zoning Board grant this variance. wilner.mem **************************** * Kenneth P. Willner * DECISION 15 Carriage Chase North Andover, MA 01845 * Petition #007-94 * **************************** The Board of Appeals held a public hearing on Tuesday evening, January 25 continued to February 8, March 8, April 12 then continued to April 19 for a Special Meeting where the public hearing was re -opened then continued to May 10, 1994 upon the application of Kenneth P. Willner requesting a variation of Section 4.133, Paragraph 3(c) and Table 2 of the Zoning Bylaw in effect in 1984, so to permit construction of a dwelling in the watershed no -disturbance zone on the premises located at 15 (Lot 15) Carriage Chase. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on January 25 and February 1, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Ford, the Board voted unanimously to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. Dated this 20th day of May 1994. BOARD OF APPEALS Frank Serio, Jr. Chairman JOYCE BRAG iAW- Received-by Town Clerk: TOWt4 CLEIK -- NORT4 AINDOYER TOWN OF NORTH ANDOVER, MASSACHUSETTS a BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE �. 55 Union Street Applicant Kc�nnath P. Willner Address Boston, MA_ 02108 3 . and Jacqueline D. Best-WillnerTel. No. Application is hereby made: - - a) JCff b) c) I For a variance from the requirements of Section '4---1_'T3 Paragraph �'c� 3 and Table 2 of the Zoning Bylaws,* as in effect in 1984. For a special Permit under Section .Paragraph of the Zoning Bylaws, as in effect in 1984. As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and buildings) numbered 15 -(Lot 15) Carriage CFase Street. J b) Premises affected are property with frontage on the North ( ) South ( 4 East ( ) West ( ) side of Carriage Chase Street. Street, and known as No. 15 (Lot 15) Carriage Chase... Street. C) Premises affected are in Zoning District R1 and the premises affected have an area of 44,075 square feet and frontage of 150.05 feet. ownership: a) Name and address of owner (if joint ownership, give all names) : Kenneth P. Willner and Jacqueline D. Best -Willner Date of Purchase 12/31/91 Previous Owner Marblericge Dev. Corp. 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: 128 front; 38 feet deep; Height 2 stories; 35 feet. a) Approximate date of erection: S_ummen,. 1995 b) . Occupancy or .use of each floor. Single family residential Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? Unknown If so, when? 6. Description of relief sought on this petition 7. Deed recorded in the Registry of Deeds in Book3377 Page 261 Land Court Certificate No. Book _ Page The principal points upon which I base my application are as follows: (must be stated in detail) See attached. I ag ee to pay the filing fee, advertising in newspaper, and i gentalex elns�es* Signature- titioner(s) Fi Every application for action bey 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, 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. . 4/93 sm,V FJ ,,ST OF PARTIES OF INTEREST SUBJECT PROPERTY ;MAP IPARCEL !LOT IINAME ADDRESS ABUTTERS ATTACHMENT TO VARIANCE AND SPECIAL PERMIT APPLICATION FOR LOT 15 CARRIAGE CHASE STREET The applicants seek approval of variances from three provisions of the Zoning By-law as it was in effect in 1984, pursuant to the zoning freeze provisions of Massachusetts General Laws, chapter 40A, Section 6. Specifically, the applicants request the issuance of variances from Section 4.133(3)(c) (Watershed no - disturbance zone) and Table 2 (dimensional requirements) for front yard and side yard setbacks, all as in effect in 1984.1 The conditions for the granting of the requested variances are met and the variances should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is a long, rectangular lot, twice as long front to rear as it is wide. A narrow projection of wetlands, only about one-fifth the width of the lot, extends from the forrear of the he lot for almost two-thirds of the length of the lot, of about 180 feet of the 300 foot length of the lot. A subdivision roadway cul-de-sac also infringes on the front 20 feet of the lot. These conditions relate specifically to the soil conditions (wetlands) and shape (cul-de-sac infringement) of the property in a way which is unique to the property and which does not affect generally the zoning district in which the property is located nor. for that matter other properties in the district. B. Owing to the above conditions, a literal enforcement of the provisions of the By-law will involve substantial hardship, financial or otherwise, to the applicants. The extension of the wetlands over the rear 180 feet of the lot and the infringement of the cul-de-sac over the front 20 feet leaves only about 100 feet in which to locate a house. That loo feet is entirely within the buffer zone under both the Watershed Protection provisions of the By-law and the Wetlands Protection Act, G.L. c. 31, Secthe Watershed Conservation Commission as well as the purpose the Protection provisions of the By-law call for maximizing distance of disturbance and construction from the wetlands on the property. Given the tight space between the edge of the wetlands and the cul-de-sac, it is impossible to provide an acceptable zone 1 The applicants take the position that the property is not subject to the Watershed Protection provisions of the By-law on the ground that the wetlands on the property are not a "tributtake within the meaning of the By-law. Therefore, the applicants the position that the granting of a variance from Section he 4.133 (3) (c) is not necessary for the lawful construction fof the proposed dwelling. The applicants have agreed to app y variance but reserve their rights regarding this matter. of no -disturbance and no -construction from the edge of the wetlands without invading the front and side yard setbacks required by the By-law.. Even then it is impossible to do so without reducing the width of the no -disturbance area from the edge of the wetlands to / some extent, in violation of the 25 foot requirement in Section 4.133(3)(c) of the By-law. Because of the conditions noted above, it is impossible to build a single family dwelling consistent with theneighborhood which will comply with the front and side yard setback provisions of the By-law and which will comply with the no - cut provisions of the Watershed Protection provisions of the By- law. Furthermore, the Conservation Commission has agreed to issue a modified Order of Conditions, referred to above, which will allow the proposed dwelling and related grading and cutting, to come no closer to the wetlands than the 32 feet for the house and 20 feet for grading and cutting shown on the plan submitted in conjunction with this application. As a result, a literal enforcement of the noted provisions of the By-law will render the lot, as a practical matter, unbuildable, with the resulting financial and practical hardship to the applicants, who purchased the property in order to build their home on it and live there. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The granting of the requested relief will actually further rather than derogate from the intent and purpose of the By-law and will not involve any detriment to the public good. The requested variances will further the goal of protecting the watershed by maximizing to the extent possible the distance of the cutting, grading and construction from the wetlands while preserving as much of the front and side yard setbacks as possible and minimizing any intrusion on the existing cul-de-sac, which is encroaching on the property without the benefit of an easement, to an extent acceptable to the Town's Public Works Department. Since there are only three houses on the street, the slight intrusion into the front and side yard setbacks will have little if any negative effect on neighboring properties, and the owner of the abutting lot on the affected side of the property has expressed no opposition to the granting of the variances. The variances requested are the minimum variances that will accomplish the intended purpose. -2- at the Board or the reasons stated above, and others which will be stated public hearing, the applicants respectfully request that the grant the requested relief. -3- Kenneth P. Willner and Jacqueline D. Best -Willner, By their attorney, 0 Howard P. $p cEer Davis, Malm & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617)367-2500 4 Ido p hf-c j PWTnacL= n b cA 11 3so O A o I C0W6t-'-sUsNo A (�i-1 fi co Nv1*JS l./hN';- Q C4i1CN MR�1�S rv� _ - LIST OF PARTIES OF INTEREST 1� s SUBJECT PROPERTY Y [ I tMAP IPARCEL 'LOT !NAME (ADDRESS 1 I morcm P. w►t_Lk)�A Alib 1yoC),s u.riIo?i Stft�. c -,uhss � 1 • vR"vL1fjCc_ v • Gi)wILWJ` k DSI O.� D r ABUTTERS • i 1 MAP !PARCEL ;LOT NAME ADDRESS 1 0i- I . 1 Nr f�rvOtl�i/t ' (c)NN�-_c ►ecu Fj N ltNCt Ih INC. CAWW v E CO -SS- IPCRNANOD r &(LDA A As M E 2 : 2X0'1- 1 00 6 C P%Si�-�c � 1 A ouTT;ZS o(�C�t�t i r4Rs W %�k t N 3OD FEti.—' OF- �(.T 1 , ' 3 R 1qyLk 1 S 0 4 C y S 33`-4-. ARto Y rQNV* CAV AIL .n2J 51.E rc2`L. 4 Ido p hf-c j PWTnacL= n b cA 11 3so O A o I C0W6t-'-sUsNo A (�i-1 fi co Nv1*JS l./hN';- Q C4i1CN MR�1�S rv� _ - 1 Y [ I I 1 I I i • i 1 I n . f , • 1 1 1 i Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 MEMORANDUM TO: Mr. Bob Nicetta, Building Inspector FROM: Michael Howard, Natural Resource/Land Use Planner DATE: June 13, 1995 RE: Lot 15 Carriage Chase (DEP # 242-627) Per your request, I have reviewed the Order of Conditions for the above referenced project. I offer the following comments: • An Order of Conditions (OOC) was issued on December 10, 1992 (expiration date 12/95); • The OOC was appealed and a subsequent Superseding Order was issued by the Department of Environmental Protection (DEP); • A 401 Water Quality Certificate from the state is required prior to initiating any construction activities; • The North Andover Conservation Commission (NACC) granted a waiver from the 50 ` No - Build Zone (agreed on a building setback of approx. 32'from the edge of wetlands); • The North Andover Conservation Commission (NACC) granted a waiver from the 25' No - Disturbance Zone through a MODIFICATION dated 4/12/94 (agreed on a limit of work setback of approx. 20' from the edge of wetlands); • A second modification was submitted to this Department detailing a proposed yard drain. I am of the opinion that the proposed changes are minor and do not warrant further review by the NACC. The modification plan entitled "Plan of Land", revision date 5/1/95, has been placed in the file and is now the plan of record. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr KatWeen Bradley Colwell Town of North Andover NORTH OFFICE OF 3a c , • �311 COMMUNITY DEVELOPMENT AND SERVICES ° F A 146 Main Street �, 0.1 �y KENNETH R MAHONY North Andover, Massachusetts 01845 9ssnCHustt Director (508) 688-9533 Memorandum To: Bob Nicetta, Zoning Code Enforcement Officer From: Kathleen Colwell, Town Planner Date: June 12, 1995 Re: Lot 15 Carriage Chase / Wilner v. Planning Board 1. The Wilners applied for a special permit with the Planning Board in February of 1994. Although the Wilners applied under the 1984 Zoning Bylaw, the Planning Board was of the opinion that the 1994 Zoning Bylaw should apply. The standards of the 1994 Bylaw are much stricter than the 1984 Bylaw therefore the Planning Board denied the special permit. 2. The Wilners subsequently sued the Planning Board. During the review of documents for the suit, it became apparent that the Planning Board would have a difficult time winning this case given the precedent set by the Board on other sites and given the fact that the buffer zones from the house to the wetland edge were approved by Conservation in their settlement with the Wilners. Also, the fact that the Conservation Commission settled with the Wilners made the legal argument that the 1994 Bylaw applied difficult. 3. The Planning Board decided to settle the suit with the agreement that the 1984 bylaw applied. The logic for this argument is set forth below: a. Lot 15 Carriage Chase was created as part of the Marbleridge Subdivision. The preliminary subdivision plan was filed in the Spring of 1984. The preliminary plan was followed by a definitive plan which was approved by the Planning Board on January 8, 1985. The plans were endorsed on March 13, 1985. Under Mass General Law the property is considered subject to the North Andover Zoning Bylaw as it was in effect at the time of submission of the preliminary subdivision plan (May of 1984) and for eight years running from the endorsement of the plan (March 13, 1985) as extended by the period of any litigation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Par ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell "r. 0 4 b. The property was the subject of litigation with the North Andover Conservation Commission. The litigation commenced prior to March 13, 1993 and was resolved favorably to the Wilners by a settlement. Therefore, the property is subject to the North Andover Zoning Bylaw in effect in May of 1984. C. Under the 1984 North Andover Zoning Bylaw, no construction may occur within one hundred (100) feet horizontally from the edge of all tributaries, except by Special Permit issued by the Planning Board. (see attached copy of this section) 4. On June 6, 1995 the Planning Board granted a special permit under Section 133, Paragraph (3)(d) of the Zoning Bylaw in effect in 1984, for the purpose of allowing the construction of a single family home and related improvements on Lot 15 Carriage Chase. 5. The Wilners have requested a variance from the requirement in the 1984 Bylaw that a no -cut buffer zone exist twenty-five feet horizontally from the edge of all tributaries in the Watershed. The Conservation Commission agreed to a twenty foot no -cut zone as part of their settlement. Although the Planning Board would have preferred a twenty-five foot buffer, it was difficult for the Board to argue that the additional five feet was necessary to protect the tributary given that Conservation had agreed to twenty feet. Given the determination made by Conservation, I recommend that the Zoning Board grant this variance. wilner.mem wn of North Andover .OFFICE OF DEVELOPMENT AND SERVICES 146 Main Street th Andover, Massachusetts 01845 (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 13th day'of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth Wilner and Jacqueline Best-Wilner requesting a variation of Section 4.133, Paragraph (3) (C) of the Zoning Bylaw of 1984 so as to permit relief of 5 feet for purposes of the construction of a new house in the 25 foot no cut zone to a wetland resource area in the Watershed District The applicants are also requesting a variation of Section 7 Paragraph 7.3 and Table 2 of the 1984 Zoning bylaw so as to permit relief of 11 feet for the left side setback(facing from Carriage Chase Road) requirement of 30 feet and relief of 4 feet for the front setback requirement of 30 feet for the construction of a new home located at Lot 15 Carriage Chase Road Zoning District R-1 By the Order of the Board of Appeals /(Z0155 Cause Road—� William J. Sullivan, Chairman Publish in the North Andover Citizen on 5.24.95 and 5.31.95. f BOARD OF APPEALS 688-9541 BUILDING 688-9545 Julie Parrino D. Robert Nicetta CONSERVATION 688-9530 h iclrael Howard LEGAL NOTICE Notice is hereby given that the Board of Ap- I peals will hold a public hearing at the Senior Citizen's Center located at the rear of the Jown Building, 120 Main Street, North An - clover on Tuesday the 13th day of June 11995, at 7:30 o'clock, to all parties interest- ed in the appeal of Kenneth Wilner and Jacqueline Best-Wilner. requesting a varia- tion of Sectiortt4.133, Paragraph (3) (C) of the Zoning Bylaw of 1984 so as -to permit re- lief of 5 feet f$r purposes of the construction of a new houP in the 25 foot no cut zone to a wetland re6burse area in the Watershed District. The applicants are also requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the 1984 Zoning bylaw so as t permit relief of 11 feet for the left side s back (facing Carriage Chase Road) requi ment of 30 feet and relief of 4 feet for front setback where 30 feet for the const tion of a new home located at Lot 15 1 nage Chase Road Zoning District R-1. By Order of the Board of Appeals William J. Sullivan, Chairman .North Andover Citizen 5/24 & 31/95 HEALTH `uoo-yj4u YL V N1N%i-638-9535 Sandra Starr Kathleen Bradley Colwell KENNETH R. MAHONY Director Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth Wilner and Jacqueline Best-Wilner requesting a variation of Section 4.133, Paragraph (3) (C) of the Zoning Bylaw of 1984 so as to permit relief of 5 feet for Purposes of the construction of a new house in the 25 foot no cut zone to a wetland resource area in the Watershed District The applicants are also requesting a variation of Section 7 Paragraph 7.3 and Table 2 of the 1984 Zoning bylaw so as to permit relief of 11 feet for the left side setback(facing from Carriage Chase Road) requirement of 30 feet and relief of 4 feet for the front setback requirement of 30 feet for the construction of a new home located at Lot 15 Carriage Chase Road Zoning District R-1 By the Order of the Board of Appeals /P15 Carriage Chase Road — William J. Sullivan, Chairman Publish in the North Andover Citizen on 5.24.95 and 5.31.95. BOARD OF APPEALS 688-9541 BUILDING 688-9545 Julie Parrino D. Robert Nicatta CONSERVATION 688-9530 Michael Howard 11 LEGAL NOTICE Notice is hereby given that the Board of Ap- I =will hold a public hearing at the Senior Citizen's Center located at the rear of the ,Town Building, 120 Main Street, North An- dover on Tuesday the 13th day of June 11995, at 7:30 o'clock, to all parties interest- ed in the appeal of Kenneth Wilner and Jacqueline Best-Wilner. requesting a varia- tion of Sectiorls4.133, Paragraph (3) (C) of the Zoning Byl*w of 1984 so as -to permit re- lief of 5 feet fpr purposes of the construction of a new houP in the 25 foot no cut zone to a wetland recourse area in the Watershed District. The applicants are also requesting' a variation of Section 7, Paragraph 7.3 and Table 2 of the 1984 Zoning bylaw so as tf permit relief of 11 feet for the left side s back (facing Carriage Chase Road) requi ment of 30 feet and relief of 4 feet for front setback where 30 feet for the const tion of a new home located at Lot 15 I riage Chase Road Zoning District R-1. By Order of the Board of Appeals William J. Sullivan, Chairman ,North Andover Citizen 5/24 & 31/95 HEALTH qua*-7jqu YLiu-41411VCi-688-9535 Sandra Starr Kathleen Bradley Colwell ����� Ci� 3G� -zSoo Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth Wilner and Jacqueline Best-Wilner requesting a variation of Section 4.133, Paragraph (3) (C) of the Zoning Bylaw of 1984 so as to permit relief of 5 feet for purposes of the construction of a new house in the 25 foot no cut zone to a wetland resource area in the Watershed District The applicants are also requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the 1984 Zoning bylaw so as to permit relief of 11 feet for the left side setback(facing from Carriage Chase Road) requirement of 30 feet and relief of 4 feet for the front setback requirement of 30 feet for the construction of a new home located at Lot 15 Carriage Chase Road, Zoning District R-1 By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on 5.24.95 and 5.31.95. "- 5.'- r qtr.Tsid.t�flytl�i:it.}J.3,Ilf'3.? /S Ca P ✓` to C'itAs e- /Po,�Jo4 DAVIS, MALM & D 'AGOSTINE A PROFESSIONAL CORPORATION ONE BOSTON PLACE BOSTON, MASSACHUSETTS 02108-4470 Julian J. D,Agostine Carol R. Cohen C'Michael Mahn Howard P. Speicher Harold R. Davis Paul L. Feldman Frank P. Conrad Kevin F. Long William F. Griffin, Jr. William J. Griset, Jr. Paul E. Levenson Peter L. Koff Robert C. Gerrard Gary M. Feldman John G. Serino George A. Hewett John R. Berman Harold G. Ciarkeq, Jr. Sidney J. Wartel Robert J. Diettrich Gary S. Matsko J. Gavin Cockfield Judith Ashton Ellen Donovan McCann John T. Lynch Thomas S. Fitzpatrick Grover S. Parnell, Jr. Robert E. Richards, Jr. Robert J. Galvin Jennifer L. Wilinsky John D. Chambliss Lori H. Freedman Richard A. Nylen, Jr. VIA FAX/508-682-2996 Ms. Linda Dufresne Secretary to Board of Appeals North Andover Town Offices 120 Main Street North Andover, MA 01845 May 10, 1994 Re: Lot 15, Carriage Chase, North Andover Dear -Ms. Dufresne: oO M BOARD OF4PPEALS TELEPHONE: (617) 367-2500 TELECOPIER:(617)523-6215 Please consider this as a request by the applicants, Kenneth Willner and Jacqueline Best -Willner, that their application for a variance for Lot 15, Carriage Chase, presently pending before the Board of Appeals, be withdrawn without prejudice. This request is made in accordance with the Board's request at its special meeting of April 19, 1994 that the Willners withdraw their application without prejudice while the Planning Board litigation is pending. This will also confirm our telephone conversations this morning in which you told me that you have confirmed with the Board chairman that it will be unnecessary for the Willners or myself to appear this evening in order to effectuate the withdrawal without prejudice. This will also confirm that the applicants have agreed to extend the time for the Board to act until this evening. Thank you for your cooperation. Very truly yours, Howard 7.rSp6icher HPS/mtd- cc: Kenneth Willner SENT BY:BOSTON,MA. ; 5-10-94 ;12:48PM ;DAVIS,MALM,D'AGOST(Ni DAVIS, MAIM & D AGOSTINE A Paonmiotw. CORPORA-noN ONE BOsn714 P1 AU SORTOK MAasncrlusMS 02108-4470 JUlian J. D'Agostine C. MIdhael Maim Harold R. Davis Prank P, Conrad W11118m F. Griffin, Jr Paul Fa, Levenson Robert C, Gerrard John G. Serino John R. Berman Sidney J. Wartel Gary 5. Mutsko Judith Ashton John T, lynch Grover S. Parnell, Jr. Robert J, cAlvin John D. Chambliss Richard A. Nylen, Jr, Carol R. Cohen Howard P, Speicher Paul J,, Feldman Kevin F. Lona William J. Orkwt, Jr. Peter L. Koff Gary M. Feldman George A. iiewett Harold G. Clarkeq, Jr. Robert J.. Dlettricb J. Gavin Cockfield Uen Donovan MCCann Thomas S. Fitxp*lrick Robert E. Richards, Jr. Jennifer L. WUlnsky Lori H. Freedman VIA FAX/508-682-2996 MS. Linda Dufresne Secretary to Board of Appeals North Andover Town Offices 120 Main Street North Andover, MA 01845 May 10, 1994 Re: Lot 15, Carria a Chase, North Andover Dear Ms. Dufresne: 5086826483;# 2/ 2 o �MAY 1 0 1994 D BOARD OF APPEALS Teuriiow (617) 367-25(* TPLUMP18)i; (617) 523-6215 Please consider this as a request by the applicants, Kenneth Willner and Jacqueline Best -Willner, that their application for a variance for Lot 15, Carriage Chase, presently pending before the Board of Appeals, be withdrawn without prejudice. This request is made in accordance with the Board's request at its special meeting of April 19, 1994 that the Willners withdraw their application without prejudice while the Planning Board litigation is pending. This will also confirm our telephone conversations this morning in which you told me that you have confirmed with the Board chairman that it will be unnecessary for the Willners or myself to appear this evening in order to effectuate the withdrawal without prejudice. This will also confirm that the applicants have agreed to extend the time for the Board to act until this evening. Thank you for your cooperation. Very truly yours, Howard P. Speicher HPS/mtd cc: Kenneth Willner UL N°ATM KAREN H.P. NELSON a� ' °m Town of Director ; BUILDING �, NORTH ANDOVER 1s °:.:.ice", 4 CONSERVATION s,°�p9` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum 120 Main Street, 01845 (508)682-6483 To: Zoning Board of Appeals From: Kathleen Bradley Colwell, Town Planner Ozc Date: April 11, 1994 Re: Lot 15 Carriage Chase The Planning Board voted to deny the request for a special permit to construct a single family dwelling within the 100 foot no - construction zone of the Watershed Protection District on Lot 15 Carriage Chase. The issue of which zoning bylaw to apply to this lot has not yet been determined as it depends on the outcome of the suit between the applicant and the conservation commission. At counsel's direction, the Planning Board reviewed the proposal under both bylaws and denied the request under both bylaws. Attached for your review is copy of the Board's decision. If you have any questions please feel free to call me at 682-6483 ext. 24. CC. K. Nelson, Dir PCD R. Nicetta, Build Tnsp R. Nardella, Chair PB 0 EAR 12 1994 BOARD OF APPEALS LOT 15 CARRIAGE CHASE KENNETH P. WILNER/JACQUELINE BEST-WILNER WATERSHED PROTECTION DISTRICT SPECIAL PERMIT The Planning Board herein DENIES the Special Permit requested by Kenneth P. Wilner and Jacqueline D. Best-Wilner, 55 Union Street, Boston, MA 01208, dated February 11, 1994, for the construction of a single family dwelling within 100 feet of the edge of a wetland resource area (tributary) of the Watershed Protection District. FINDINGS This lot was created as part of the Marbleridge Estates Subdivision. The preliminary plan for the subdivision was filed in May of 1984 with a definitive plan filed in October of 1984. The plan was subsequently approved in January of 1985 and the plans endorsed on March 13, 1985. This lot has never been developed thus the question arose of which zoning bylaw should be applied to the special permit request. The Board 'determined that although eight years has passed since the endorsement of the plans, litigation with the Conservation Commission may have tolled the running of this time period. (Kenneth P. Wilner v. George P. Reich, et al. Essex Superior Court C.A. No. 93-0126) However, as the litigation is unresolved, the Planning Board was unable to establish definitively, pursuant to M.G.L. Ch. 40A, Sec. 6, which zoning bylaw to apply. If the litigation is finally adjudicated "in favor" of the Wilners, the Wilners may be able to assert that the 1984 zoning bylaw should apply. However if the litigation is finally adjudicated "in favor" of the Town, the current zoning bylaw will apply. Due to the unresolved litigation, the question of which zoning bylaw to apply was unanswered at the time of the public hearing. Therefore the Planning Board considered the application under the principles of both bylaws. 1. Both bylaws create a no -construction zone within one hundred (100) feet from the edge of all wetlands ("tributaries" 1984) ("wetland resource area" 1993) as a mechanism for protecting the Town's water supply. Both bylaws allow for construction within this zone if a special permit is granted by the Planning Board. However, a special permit to construct is not granted unless the Board finds that the project will not be detrimental to the quality of the water supply. The Board finds that construction of a home and driveway entirely within the no - 1 construction zone is detrimental to the quality of the water supply. 2. Both the 1984 and the current Watershed Protection District Bylaw have the same purpose. Both bylaws are "intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the groundwater and the lake, to conserve the natural environment, and to protect the public health, safety, and welfare." ZBL 4.133(1) 1983; ZBL 4.236(1) 1993. The Planning Board finds that the construction of a single family home entirely within the 100 foot no construction zone would adversely affect the filtration and purification function of the land, the ground water table, the purity of the groundwater and the lake, and the natural environment. 3. Under both bylaws the Planning Board "shall not" approve any application for a Special Permit unless the Board finds in its judgment that all of the required conditions are met. ZBL 10.31(1) 1984, 1993. These conditions are as follows: a. The Board finds that the specific site is not an appropriate location for the construction of a single family home, driveway, and associated changes to the landscape. As stated in the Lake Cochichewick Watershed Plan (1987) p. 72, development in the watershed leads to increased nutrient loading and urban stormwater runoff. The Plan recommends limiting development to the least sensitive areas and mitigating water quality degradation as important factors in protecting the future of the lake. This project is entirely within the most sensitive section of the watershed and no mitigating measures have been presented. b. The Board finds that construction of a single family home, driveway, and associated land changes in this location will adversely affect the neighborhood. Erosion of soils in areas of new construction is one of the primary sources of elevated suspended solids, nutrient and bacteria concentrations in the Lake. "Lake Cochichewick Watershed Plan" (1087), p. 72. The entire project is located within the 100 foot "no construction zone". Absent a showing to the contrary, the erosion of soil due to the new construction will affect the quality of the lake. C. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians. d. The Board finds that adequate and appropriate facilities have not been provided for the proper operation of the proposed use. Construction of a single family home will affect the quality of the lake. As stated in Finding 4 below, no information has been provided demonstrating that the operation of the proposed use will properly protect the Watershed. e. The Board finds that in the absence of a showing that the Watershed will be protected, the construction of a single family home within 100 feet of the edge of a wetland area within the non -disturbance zone of the Lake Cochichewick Watershed Protection District is not in harmony with the general purpose and intent of this bylaw. The Planning Board finds that the applicant meets only one of the five conditions that must be met prior to the issuance of a. Special Permit. 4. The Watershed Protection District bylaw was amended in 1988 as a result of a study conducted on the watershed of Lake Cochichewick. Many of the policies followed by the Planning Board under the earlier bylaw were codified at this time. Thus, although these standards are not specifically stated in the 1984 bylaw, they had been considered by the Planning Board when enforcing the bylaw. Thus the Board also considered the requirements of the current bylaw in its review of this application. a. The Planning Board makes the specific finding as required under section 4.16(7)(c) of the current bylaw that the proposed use in conjunction with other uses nearby will cause a significant degradation in the quality and quantity of water in or entering Lake Cochichewick. b. The proposed construction is within 100 feet of the edge of a watershed wetland. As such, the applicant must take steps to insure that any runoff from impervious surfaces (other than driveways, rooftops, walkways and patios servicing single family dwellings) shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where this is not possible, other mitigating measures such as sedimentation ponds shall be used after approval by the appropriate Boards as listed in Section 6(b) of the Zoning Bylaws. The applicant did not present any proof to the Planning Board of any mitigation measures. C. The applicant failed to provide at a minimum, a written certification by a registered Professional Engineer (or ♦ r r- other scientist similarly educated) that the quality and quantity of the water in or entering Lake Cochichewick will not be significantly degraded as required in Section 4.136(7)(c) of the Town of North Andover Zoning Bylaw (May 1992). d. The applicant failed to demonstrate that all on-site preparation including but not limited to, construction, wastewater disposal, and fertilizer applications will not create concentrations of Nitrogen in groundwater, greater than the federal limit of 10 mg/Liter at the down gradient property boundary as required by Section 4.136(7)(d)(2) of the Town of North Andover Zoning Bylaw (May 1992). e. The applicant has failed to provide the Planning Board with projections of down gradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries as required by Section 4.136(7)(d)(3) of the Town of North Andover Zoning Bylaw (May 1992). CONCLUSION Given the above findings the Planning Board voted to DENY the applicant's request for a special permit. The following plan shall be deemed part of the denial: Plan of Land in North Andover, MA Scale: 1" = 20' Date: August 18, 1993; rev. 12/13/93, 12/15/93, 12/17/93, 12/28/93 Prepared by: Hayes Engineering, Inc. 603 Salem Street Wakefield, MA 01880 cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Commission Administrator Police Chief Fire Chief Applicant Engineer File Lot15.CarriageChase 4 OF NOwTry ,ry KAREN H.P. NELSON ;a Town of 120 Main Street, 01845 Director BUILDING �;�'°�;:;a ::� "<g NORTH ANDOVER (508) 682-6483 CONSERVATION e°'C.0 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum To: Zoning Board of Appeals From: Kathleen Bradley Colwell, Town Planner 033 Date: March 7, 1994 Re: Lot 15 Carriage.Chase The Planning Board reviewed the application for a special permit to construct a house within 100 feet of a watershed wetland at the March 1 meeting. The Planning Board continued the public hearing to its March 15 meeting. The Board has asked Town Counsel to determine whether the 1984 bylaw or the current bylaw applies to this application. However, under both bylaws construction within 100 feet of a watershed wetland is only allowed by special permit from the Planning Board. As the Planning Board has never approved construction this close to a watershed wetland, regardless of Counsel's determination, I recommended to the Planning Board that this request be denied. I would also like to point out that the applicant has not applied for all of the required variances from this Board. Front and side set back variances will be required to construct the proposed house. Town Counsel has not yet rendered an opinion as to which bylaw applies. If counsel recommends that the current bylaw applies, the applicant will be required to apply to this Board for a variance to construct a home within the Non -Disturbance Zone of the Watershed Protection District. I suggest that you continue your discussions of this matter until the issue of which bylaw applies has been resolved. CC. K. Nelson, Dir PCD B. Nicetta, Build Ins R. Nardella, Chair PB OF NOR TI,M KAREN H.P. NELSON Director TOWN Olt 120 Main Street, 01845 BUILDING NORTH a�`'<g NORTH ANDOVER (508) 682-6483 CONSERVATION e$gC.USEt DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT February 8, 1994 Mr. Frank Serio, Chairman Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Re: 15 Carriage Chase - Kenneth P. Wilner Dear Mr. Serio, The Planning Board will be reviewing Mr. Wilner's application for a special permit to construct in the Watershed at its March 1 meeting. The Planning Board will forward any comments it has on the variance request at that time. Thus the Board requests that you continue the public hearing on this application until the Planning Board has had a chance to review and comment on the application. If you have any questions please call me at 682-6483 ext. 24. Sincerely, Kathleen Bradley lwell Town Planner cc. K. Nelson, Dir PCD R. Nardella, Chair PB pORTI KAREN H.P. NELSON Director TOWN Of 120 Main Street, 01845 BUILDING NORTH ANDOVER (508) 682-6483 c CONSERVATION gs °��9�` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO North Andover Planning Board n FROM : North Andover Conservation Commission �l DATE : March 3, 1994 RE Lot 15 Carriage Chase The North Andover Conservation Commission has become aware that the owner of the above parcel, seeking a special permit from the Planning Board, has made statements characterizing the Conservation Commission's review of this project. The Commission would like to convey its feelings to you directly. The Commission has not "praised" the applicant for their plan. We settled for what we believed was an acceptable compromise. We also agreed that we would not oppose the applicant's plan when he presented it to you. DI 9 3°.994 D 4 74 Ooaia5� ev, ,, zaw Town of North Andover, Massachusetts 1972 Reprinted January, 1979 NORTH 3�0 IEo 16��OL O A � Z y rED r - 0 ��SSACHUS���y PLANNING BOARD WILLIAM N. SALEMME, Chairman JOHN J. MONTEIRO, Vice -Chairman JOYCE A. DITORE, Clerk WILLIAM CHEPULIS MICHAEL P. ROBERTS ,e 1 74 Ooaia5� ev, ,, zaw Town of North Andover, Massachusetts 1972 Reprinted January, 1979 NORTH 3�0 IEo 16��OL O A � Z y rED r - 0 ��SSACHUS���y PLANNING BOARD WILLIAM N. SALEMME, Chairman JOHN J. MONTEIRO, Vice -Chairman JOYCE A. DITORE, Clerk WILLIAM CHEPULIS MICHAEL P. ROBERTS .1 buildings. By Special Permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind. (9) Warehousing and wholesaling. (10) Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height. (11) Bus Garage (12) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. (1Y) b) On any lot of at least three (3) acres, the keeping of not more than three (3) of any kind or assortment of animals or birds in addi— tion to the household pets of a family living on such lot, and for each additional acre of lot size to nine, (9), acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the oaeration of equestrian riding academies, stables,stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. 4.133 WAT-_7RSIED DISTRICT (1) Purpose: The Watershed District surrounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety and welfare. (2) Prohibited Uses: a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: a) Boundaries of the Watershed District are designated specifically on the certified North Andover Watershed Map 1978 and are shown on the Zoning Map. These maps are hereby made a part of this By—Law and are on file in the office of the Town Clerk. —22— b) When the watershed district boundary divides a lot of record on June 26, 1978 in one ownership, all the zoning regulations set forth in this Zoning By—Law applying to the greater part by area of such lot so divided may by special permit be deemed to apply and govern at and beyond such watershed district boundary but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. c) A no cut buffer zone shall exist one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick and twenty—five (25) feet horizontally from the edge of all tributaries in the watershed. d) No construction shall occur two hundred fifty (250) feet horizon— tally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet horizontally from the edge of all tributaries, except by special permit. _4.13 Flood Hazard District (1) Any other by—law or re,z"alation to the contrary notwithstanding, no construction shall be permitted within the District unless it has been duly determined that all utilities are located, elevated, and con— structed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providin draina,;e are adequate to reduce flood hazards. —23— THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 Reprinted 1984 F NORTEy � O O .4* L ACHUs PLANNING BOARD -37- regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. 4.133 Watershed District (1) Purpose: f The Watershed District surrounding Lake Cochich- ewick, our source of water supply, ;s_intended to preserve and maintain the filtration and purif tc is on function of the -land the ground water table, the purity._of. the groun�ater and th a,�to conserve the natural environment and to _protect the public health, safety, and welfare. (2) Prohibited Uses: a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: a) Boundaries of the Watershed District are designated specifically on the certified :forth Andover Watershed 14ap, 1978, and are shown on the Zoning Map. These maps are hereby made a part of this By -Law and are on file in the office of the Town Clerk. b) When the Watershed District boundary divides a lot of record on June 26, 1978 in one ownership, all the zoning regulations set forth in this Zoning By -Law applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such Watershed District boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. --------� c) A no -cut buffer zone shall exist- one hundred -38- a 11 fifty (150) feet ho_rizo_ntall_y r.om—the _f annu mean high water mark of Lake Cochich- ewic"Tc`an3—twenty-fiv_e__(25) feet horizontally from the` e-age�of_ alt tributaries in the Watershed. �--� d) No construction shall occur two hundred ifty 250) f:eet� orizontal_1_y from the annual mean high wratemark of Lake Cochichewick and -one hundred (100) feet horizontally from the edge of all tribu- taries, except by Special Permit. 4.134 Flood Plain District ...� (1) Flood Plain District The Flood Plain District is herein established as an overlay district. The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in floodplains and the following additional requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, Al -30 on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on a file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. (2) Development Regulations a) Within Zone A of the Flood Plain District, where base flood elevation is not pro- vided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appro- priate, of the State Building Code. b) In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP !PARCEL 'LOT (NAME IADDRESS ABUTTERS 01,109 MAP CEL ;LOT INAME JADDRESS lot CLIO t'Ec-t-1 (- (A —k I N S 1 -5 CA" 6 E- (0--A - tj. fvll lf4�kt4t-000 r GiLDA fu AS4 c- A CASW W, loo I I A m oz tjV.►c f-- ct 6 c P�&Tlj�-- m ctp� V)-i -p7- L VAT g , C IN D 10 39 Ar !I. ICA 4 L -L e>Aae>A(Zh 698S& 0 104 Ct�ccmcfgj- Ni D45- I 33 A (ZID CAuAX-t-AQ0 14 mliR`z- bu CASTIce- mcdLri- W) mtc*31% 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals i 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 8th day of February 1994, at 7:30 o'clock, to all parties interested in the appeal of Kenneth P. Willner requesting a variation of Sec. 4. 133, Paragraph (3) (c) and Table 2 of the Zon- ing By Law so as to permit construction of a dwelling within the watershed no -di- sturbance zone on the premises, `located at #15 (Lot 15) Carriage Chase. By Order of the ' Board of Appeals 1' Frank Serio, Jr. ! Chairman i E -T —Jan. 25, Feb. 1, 1994 T� tj- t�tt'.a�s l � Y i < i . .. �. a�. t . lia• , s •7 1 1 t;�. t � t r i - • ; 1 . . ,r 1� 11 �n ♦ .��{ 1, s1v t1a \j w « t � � � � � r' •1 \��. � 1.4 a.; \� l'aL �i`` i` { � �,YYa � } �` '�'.t � - t( a , , \ ` I ! ���_1 � 1. � ..4 ',1 tT Ul � � - `�-i♦ may,• � to 4 i n � � '�i'�.; .�...1� �•. i �Lr,ro ` � -. t _ a -t t� fi a. x� l'- „ as .�_ .a K -A-a— I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Kenneth P. Willner 55 Union Street Boston, MA 02108 Date: _Januar} _27 1924 _ Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 10.44 for the following: Filing Fee $ Postage $ 10.44 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 Pain Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk Date.... ZK— ...... 0 TOWN OF NORTH ANDOVER ' PERMIT FOR WIRING This certifies that ....... ............ I .... e�� .................................... ........ has permission to perform ...... i ................... :... , D ................................................. wiring in the building of ......... ...................... x C{-.................. at Jz..o ..... &-in North Andover, Mass. Fee Lic. 146A,12h .. ........ .... ........ Aro; 14 Check # 109&,f 8 5 U, 3 Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Foccupancy mit No.'a 3 and Fee Checked ',�,' [Rev. '1/07] (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code.(MEC),27 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: 11 `� 1 c y City or Town of:' NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) j O !� Com. C, &�7> 11 �� Owner or Tenant �� ti -A Le; 1 &V E pLp A4 8;A-;7 Telephone No. &j r Owner's Address / Cxtt� ��� ��, A,)a A Is this permit in conjunction with a building permit? Yes No ❑ (Check Appropriate Box) Purpose of Building �� r 4-L� Utility Authorization No. �- 1--f I 1 D Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Ll O Q Ampsl �/ 2 olts Overhead ? " %V ❑ Undgrd No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Lit � L t%t t'7 V 5 C Completion of the followin table may be waived by the Ins ector of Wires. No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool D ❑ Above In- d. o. o mergency ig g d• Batte Units No. of Receptacle Outlets No. of Oil Burners E ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges No. of Air Cond. Total Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Number Tons KW No. of self -Contained Totals: _" ___._.._ ... __. _ .... Detection/Alertini, Devices 1 No. of Dishwashers Space/Area Heating KW Local ❑ Municipal Connection ❑ Other No. of Dryers Heating Appliances KW Security Systems:* No. of Water No. of Devices or E uivalent No. of No. of Heaters' Data Wiring: Signs Ballasts No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications firing: OTHER: No. of Devices or Equivalent Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work:D D c�O aJ � .(When required by municipal policy Work to Start i Z O `S Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless i the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such cove is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE [BOND ❑ OTHER ❑ (Spec I certify, under the pains and penalties of perjury, that the information on this application is true and complete. FIRM NAME: ivt 4L. t�Cca''�t LIC. NO.: /4 iZ S L Licensee: M lL�. c. -/0-16 c� 2--ASignature (AA LIC. NO.: (If applicable, enter "exempt " in the license number line.) Z 7 i b Address: �J _f, r(.C.S �Jt; �� J R -+f21 V2 -G t1� 1� Bus. TeL No.:(���, r Alt:. Tei. No.: � � <r � 7.�" FL L_ Per M.G.L 14 , s. 57-61, securxy work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below; I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent Owner/Agent Signature Telephone No. PERMIT FEE. $ y4 ��� -� ®/z T��-. a .� .11 The Commonwealth of Massachusetts Department of Industrial Accidents #,. Office of Investigations 600 Washington Street ,i Boston, MA 02111 { j www mass gov/dia . Workers' Compensation Insitr•ance Affidavit. Builders/Contractors/Electricians/Plnmbers Applicant Information PleasePrint Legibly Name (Businessiorganiza6an/Individual): �j v`�n,�;4 L l i /` GT t l �- E� �j,�JL�JI C 1✓� Ci /State/Zi t 03 $� tY • p:Y� �,�,� �� �� ti NLP Phone #• � � � �i �� S -v � � 7 Are u an employer? Check the appropriate box: Type of project (required): 1, l am a employer with 4. ❑ 1 am a general contractor and I b• ❑ New construction employees (full and/or part-time).* 2. [] I am.a.sole proprietor. or partner- . have hired the sub -contractors listed on the attached sheet S �• ❑ Remodeling ship and have no employees These subcontractors have 8. ❑ Demolition` working for mein any capacity. [No workers' comp, insurance workers' comp. insurance. 5. El We are a corporation and its g Building addition required.) 3. D I am a homeowner doing all work officers have exercised their right of exemption per MGL 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions myself. [No•workers' comp, c..1.52, § 1(4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers' ME] Other comp. insurance required.] ^lv-PJM�14L u1ui UU=Ks oox 8I must also fill out the section below showing their workers' bompansatiori policy information 1 Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. 4contractors that check this box must attached an additional sheet showing the name of the sub-conusctors and their workers' comp. policy infnnnation. I am an employer that.is providing workers' compensation insurance for pry. employees: Below is the information. policy and job site Insurance Company Name:_Ayc), f cr,— us Policy # or Self -ins. Lic. #: Expiration Date: Sob Site Address: eL , City/State/Lip: Attach a copy of the .workers' compensation policy declaration page (showing the policy number and expiration dated Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500:00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to 5250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ceril under the pains and penalties of perjury that the information provided above is true and cow \ A \) n.. n p-$'6:1 .v officiat use only. Do not write in this area, 'to be completed by city or town afficiaL City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #• Information and Instructions f 4 Q Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the'foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. 'However the owner,of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence.of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. if an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of industrial Accidents for confirmation of insurance coverage.. Also be sure to sign and date the affidavit. The affidavit should, be returned to the city or town that the application for the permit or license is being requested, not'the Department of Industrial Accidents: Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the numberlisted below. Self-insured companies should enter their Self-insurance- license number on the appropriate dine. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the pennit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating -current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. When a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.) said person is NOT required to complete this affidavit The Office of Investiptions would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Bosion,MA 02111 Tel. # 617-7274900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax :4 617-727-7744 www.mass.gov/dia Date. VC-1. .U.�l.. TOWN OF NORTH ANDOVER .o PERMIT FOR PLUMBING SS,CMVSi This /��, / Thls certifies that ...�. �..�............................ . has permission to perform .......o h:-..../ ................. . plumbing in the buildings of .... STC,n....1.,.� f!�'!�l.!. ��........ . at ..... jQ. ............. �1. ....... , N`rtb Andover, Mass. ,.....1 rPLUM8ING INSPECTOP� Check ii � � `/ 7967 4 0 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMaING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building New En, Renovation M '"71 Date o )wners Name !rj Wt ;7,z ��i Permit #_ ? 9 of Occupancy ��S Amount Replacement E Plans Submitted Yes ❑❑ No TiTVTT TV -- stalling Company Name / �� Check one: Certificate Address Corp. (� �. Partner. usinesselephone O 3 Firm/Co. Name of Licensed Plumber. Insurance Coverage: Indicate the�ype of insurance covers a by checking the appropriate box: Liability insurance policy Other type of indemty ni ❑Bond Insurance Waiver. I, the undersigned, have been made aware that the licensee three insurance of this application does not have any one of the above SignOwner ❑ F1Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts Sts Plumbing ode :an2VC7ap�Pe 142 of the General Laws. BySignature of C� um er Title 'Type. of Plumbing License City/Town APPROVED ro cEUSE ONLY i icense um er Master ED --Journeyman 11 Date. . %l? fes. j....... . o= '` OWNOF NORTH ANDOVER PE. MIT FOR GAS INSTALLATION h SACHUSEt ,,,/// //This certifies that ..,�!�.�.�. _/.�--.......................... has permission for gas installation S....I.K .............. in the buildings of ... /.-!................ at ..li...'`r-t.. 9,.�.,��. A North Andover, Mass. Fee// -,f/ .... Lic. No.6.1.3..? . .. 1�.�.-:-!r .' .a.... . GAS INSPECTOR Check # ,�_� V 6660 MASSACHUSETTS UNIFORM APPUCATON FOR PERMIT TO DO GAS FMING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Locations Date Permit # A Owner's Name mount a, ' ���y"�y�/ /(/y^/ �!` New Renovation D Replacement D Plans Submitted ❑ G SU B-BASEM ENT BASEMENT 1ST. FLOOR 2ND. FLOOR 3RD. FLOOR 4TH. FLOOR 5TH. FLOOR 6TH. FLOOR 7TH..FL00R. 9TH. FLOOR (Print or type) Name Address usmess Name of.Licensed Plumber'or Gas Fitter Check one: Certificate Installing Company ' El Corp. aPartner. Firm/Co. INSURANCE COVERAGE I have a current liability Insurance policy or it's substantial equivalent. Check one - If you have checked es please indicate the type coverage by checking Liability insurance polio the appropriate box.Yes No� Y Other type of Indemnity D Bond 1 Owner's Insurance Waiver: I,am aware that the licensee does nerve the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Signature of Owner or Owner's Agent Check one: er I hereby certify that all of the details and information I have submitted (or enOte ed) in aD applicationAgent s a and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Coded Capter 142 f neral Laws. 113y:D Signature of Licensed Plumber Or Gas Fitter Title Plumber ` i City/Town.. hs 0 as FitterLicense um er Master APPROVED (OFFICE USE ONLY) 0 Journeyman 0 Zrn O W F Q a a x b w x a w c Name of.Licensed Plumber'or Gas Fitter Check one: Certificate Installing Company ' El Corp. aPartner. Firm/Co. INSURANCE COVERAGE I have a current liability Insurance policy or it's substantial equivalent. Check one - If you have checked es please indicate the type coverage by checking Liability insurance polio the appropriate box.Yes No� Y Other type of Indemnity D Bond 1 Owner's Insurance Waiver: I,am aware that the licensee does nerve the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Signature of Owner or Owner's Agent Check one: er I hereby certify that all of the details and information I have submitted (or enOte ed) in aD applicationAgent s a and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Coded Capter 142 f neral Laws. 113y:D Signature of Licensed Plumber Or Gas Fitter Title Plumber ` i City/Town.. hs 0 as FitterLicense um er Master APPROVED (OFFICE USE ONLY) 0 Journeyman Date.. ���4 : ...... f WORTH f ` 4,�°� TOWN OF ORT ANDOVER PERMIT FOR G INSTALLATION This certifies that ..� has permission permission for gas installation— in the buildings of ..✓`'.``� at .162.5– � -� . . /. Fey-� �':.. Lic. NO2o G Check # U 6623 0.... .............. North Andover, Mass. VG;AS g . .......... (� INSPOA G MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (Print or Type) NORTH ANDOVER ,Mass. Date 11/13 Building Location 105 CARTER FIELD RD Owner Tel# 978 852 4002 - 978 687 2635 2008 Permit # �/ 3 Owner's Name TARA LEIGH DEV LLC Type of Occupancy RESIDENTIAL New W1 RenovationF] Replacement Plan Submitted: Yet No❑ FIXTURES Installing Company Name Eastern Propane & Oil, Inc Address 131 Water Street ' Danvers, MA 01923 ' Business Telephone # 800-322-6628 Name of Licensed Plumber or Gas Fitter JACK COOMBS Check one: Certificate Corporation Partnership Firm/Co. INSURANCE COVERAGE: I have a cures liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes ✓ I No ❑ If you have c ee"cked yes, please indicate the type coverage by checking the appropriate box. A liability insurance policy✓❑ Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner ❑ Aperlt,.,❑ Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted (or entered) knowledge and that all plumbing work and installations performed under the permit ertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the By Type of License: Plumber Sig Title vFGas fitter • -Master is City/Town • -Journeyman APPROVED (OFFICE USE ONLY) at ancJ&curatW the best of my will Ae in c>i1pliance with all s of Licersed Plumber or Gas Fitter Number 3064 line Date ...... "...'....... %`" '• "� TOWN OF NORTH ANDOVER p PERMIT FOR WIRING This certifies that �` ....................................................................... ` T�...fld 1%/C has permission to perform .................................�.............. ...................... wiringin the building of...................................>............................................... at .... `a ..�'�iZl2�� �� ...............................i.......................... ,North Andover, Mass. Fee.. -a �� .... Lic. No. ..............-%f!,•.� ... tLECTRICAL INSPECTORS Check /0 � 2— df'155 ML.iltLaw Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No. 61?375- Occupancy and Fee Checked [Rev. 9/051 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC, 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: \ p (0(. City or Town of: I1 O , A V 0 To the Inspector of Wires: By this application the undersigned gives notice of his or her int tion to perform the electrical work described below. Location (Street & Number) t tJ Owner or Tenant Owner's Address i L\ tw r AJC'h Telephone No.R'7'k6kr7-2.L 3,§- Is ,5 Is this permit in conjunction with a building permit? Yes [9""- No ❑ (Check Appropriate Box) Purpose of Building ft s 1-0 F" Utility Authorization No. 1 Ito 3�1 Existing Service Amps / Volts New Service Amps / Volts Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Overhead ❑ Undgrd ❑ No. of Meters Overhead ❑ Undgrd ❑ No. of Meters sFrL.vC157 Completion of the following table maybe waived by the Inspector (?f Wires. No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Tota Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above In- rnd. ❑ rnd. ❑ o. o Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection and InitiatingDevices No. of Ranges No. of Air Cond. Total Tons g No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number ' Tons. KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipa ❑ Other Connection No. of Dryers Heating Appliances Kms, Security Systems: No. of Devices or Equivalent No. o Water KW Heaters No. o No. of Si ns Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or E uivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value ot Electrical Work: (3, J0 (When required by municipal policy.) Work to Start: gl k_® Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE CO ER G : Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such Cin force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify:) I certify, under tit pains and penalties of perjury, that the information on this application is true and complete. FIRM NAME: n&L/ A -r ,6L6S�I Vt LIC. NO.:. �5°7 Licensee: ignature LIC. NO.: 47-? fob' (If applicab en r "exempt" in the license lumber line.),'/ Bus. Tel. No.: 3 is Z -Z07/11f Address:--�'�lv O V� l Alt. Tel. No.: 7 aF�Z *Security System Contractor Lice se required for this work; if applicable, enter the license number here: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the check one owner El owner's s a ent. Owner/Agent g Signature Telephone No. PERMIT FEE. $