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Miscellaneous - 12 BONNY LANE 4/30/2018 (2)
Y d '✓ � J �� v 0 _ I :tta MP uasiaou ata allp SUURO{ 7779F =0 m u0tvioll"v g0►a 2alpam Q isE3 ANAP I S B' s a q. C'� DONALD F. BORENSTEIN Attorney at Law l CLLO�e ,��as S JOHNSON&BORENSTEIN,LLC Telephone:(978)475-4488 ATroRNEYs AT LAw O►r Facsimile:(978)475-6703 12 Chestnut Street Andover,MA 01810 Email:don@jbllclaw.com �H �ore�ts�-eir.�. qjj 15- lneompleteNAZBA Application FOM Date:- I�_ D-Timc-J'L"-- — Missing: lvM' m k 10952 Pg 7 #31260 ,K gig � 16 4 NMI � ---------- Nil 9 • i�th -------- t! �•;•. � '�'' � � sem . � X66 FR8 R '�✓� - fill sit I � - Hill >z o Bk 11393 P945 030765 12-04--2008 a 11 z 56cx ABOVE FOR-REGISTRY OFDEEDS USE ONLY COVER SHEET THIS IS THE FMT PAGE OF THIS DOCUMENT DO NOT REMOVE "GRANT ORB3 S nn �r GRAN—ME SBOSS qr—�OPER n�✓�/' /119 CITY/TOPVN TYPE OF DOCUMENT MLC ASSIGNMENT DEED 6D TYPE MORTGAGE NOTICE DISCHARGETYPE SUBORDINATION AFFIDAVIT CERT DEC OF HOMESTEAD UCC TYPE DEC OF TRUST TYPE -C _OTHER afi 1�a7"a•�ce DESCRIBE .— Essex North Registry of Deeds Robert F. Kelley,Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com 1 -------- --- --- -- Bk 11393 Pg46 #30765 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi IIT,Esq.CA2irn rr ED=P.McIntyre,T-"4.wrn,ox off of _ Richard 1.Byers,Esq.GWA oR .... ,.'� •,��p I � i Joseph D.LaCrosse (L' J ��1 �� r:, •> Richard M Vadlmncourt s. Asswio*Manbers Thomas D.Ipp lite '► � aes�.. +�+ :'� ` : ' Dmniel S.Breese,Iraq. +6��+.,.../"`�+ ;�,' 'To cvo Clerk Time Stamp �sacsws� October 17,2008 Donald F.Bomnstdu,Esq. II to 1SOteln 12 CbeThis is to certify that twenty(20)days Anldover,,hiassachasM 12 over, Street, This elapsed from data of decision,filed 01810 vftout filing of an pal, Date_f 7 •%3-�?ooP Jayne A.Umdstlaw RE: Bonny Realty Trost,Amy F.Constantino,TYustse Town Clerk 70 Pine Ridge Road North Andover,Massachoseus 01845 Regarding your request for a six(6)mouth extension Of the Variance 2007-013: Please be advised that the Zomg Boards of Appeals Waved a six(6)moor h odonstoo relative to the pivrnis% affected at the 12 Bonny Lane,North Andover,Massachnseits. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2007-013 decision to and including April 14,2009 during the regular October 14,2008 meeting upon a motion by Joseph D. LaGnm and a by Richard M Vaillaneourt. Mass.Gen.L.,ch.40A,§10 allms the Variance penult grantiAg authority to`adend the time for exercise of such rights for a period not to oweed six months". Votmg in fart or: Joseph D.LaGmsse,Richard L Byers,Richard M Valylancourt,and Thomas D.Ippolito. North AzWKf ZA&*Board.of Appeals Richard J.Byers,Esq.,Acting Chairman and Clerk Joseph D.LaGzasse Richard M.Vaillanoourt A.csnciate Members Thomas D.Ippolito cc: Town Clack ZBA file 2007-013. iM62P41. , : . .. . ATTEST: A True Copy Town,Clerk 1600 Osgood St,Bldg 20-Suite 2-36,North Andover.MA 01843 = , Yfione•978 688 9541 Fax-978-688-9542 Web•www.townofrodt andpvgr'mkr' Town of N( Bk 109S2 PPS `3128-31-1 ZONING BOAS 1113-26-200-21' a Allwo 1"(1.C.75ahmall 555 Ullt.,l R McInIvrr, Richard EN(j.('.'Ierk 0 0 David R.WO),ter 10?52 Ps�.911 SE,4yA:fi0:, 06 59 6-2007 & 711u1nas D.fppolilo Ricluird.M.V;dU.qnc<)jjj-t Midd S.Brocs, This is to certify that twenty(20)days have elapsed from date of decision,filed of a Any appeal shall be filed within Notice Of Decision without filiDng ate n p eal. oo (20)days after the date of filing Year 2007 Joyce A.BradshaW of this notice in the office of the 4wo @10 Town Clerk,per Mass.Gen. L.ch. 40A, J17 Propert at: 12 Bon L J2 Bonn Lane NAME: Bonny ERealtyTrust,Am F. orl at, C y HEARING(S): August 14&September 11,2007 Constantino,Trustee,70 Pine Ridge Road Pine 'n ADDRESS: 12 Bonny Lane PETITION: 2007-01-3 North Andover,MA 01845TYPING -E. Se2tember 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11,2007 at 7:30 PM upon the application of Bonny Realty Trust,Amy F.Constantino, Trustee,70 Pine Ridge Road,North Andover for premises at: 12 Bonny Lane(Map 62, Parcel 41),North Andover requesting dimensional Variance from Section 4,Paragraph 4.136.3,c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer Zone and Section 7,Paragraphs 7,1,7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny Lane within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July 2,2007. The following voting members were present: Ellen P,McIntyre,Joseph D. LaGrasse,Albert P. Manzi,III,David R, Webster,and Thomas D.Ippolito, The following non-voting members were present: Richard M.VaillanCOUrt and Daniel S. Braese. Upon a motion by Ellen P. McIntyre and 2nd by David R.Webster,the Board voted to GRANT a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 for relief of 36'from the requirements of the 100'Watershed Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a Proposed single fa M'JI dwelling; or: Site: 12 Bonn Lane(Map 152,Parcel 41),North Andover,MA 10845 Site Plan Title: Site Plan,to Accompany, Variance Request,Single Family Dwelling,Bonny Lane,North Andover,MA 01845,Owner: Bonny Realty Trust,Amy F. Constantino,Trustee,70 Pine Ridge Road,North Andover,MA 01845 Date(&Revised Dates): 6-14-07 Registered Professional Land Robert E.Smith,_1r,_,11_57_14_,Camm`ot,_Eng_inooring,21_1E_jm—Str—eet Surveyor: Amesbury.MA SheeqDrawin�g, _ Sheet I or I Building Plan Title: House Plans,to Accompany,Variance Request,Single j Bonny or Family Dwelling, Bonny Lane,North Andover,MA 0 1845,Owner: Bonny Realty Trust,Amy F. Con i Trustee, Constantino,Trustee,70 Pine,Rid B am m t _ineeri Andover,MA 01845 Cammett En-inecring,297 Elm Street,Amesbury.MA Date: 7/05/07 Date: L—Shee Page I of 2 ATTEST: A True Copy 1()()()Qseanil Slycet,Buildhig 20-Suite Z-JO,North Andover,MUSStjC)]ljS":,jt, 01845 Phone-979-688-9541 Fax-978-(?99-9542 web11widoverx0in Bk 10952 Pg 6 #31280 i Town of North Andover • ZONING BO ToWn cls.k I m,•St�,,l, ARD OF APPEALS :1}bort P..\!anti ill,Fstl.<:brrirnum •�;-;• . tillc:n h.,ldclrit}'rc, F%rr-(:buirmnd f►OR7}t ' Richard 1. Avers, Joseph D.1.aGrassr G �S�I� G v ^• r• David R.Wcbstcr p Axrnrirlc.l frml rix 4t Ihomna D. 18polito Richnrd\d.l'aillnncaurt Daniel ti.Rrecsc,Ertl- �SSACHUSE� With the following conditions: 1• The applicant shall record the Planning Board Watershed Special Permit,the Conservation Commission Notice of Intent,and this Variance at the Essex North Registry of Deeds. Voting in favor of the Variance: Ellen P. McIntyre,Joseph D. LaGrasse,David R. Webster,and Thomas D, ippolito. Voting against the Variance: Albert P.Manzi, III, The Board finds that owing to circumstances relating to the specific shape and topography of the land affect 12 Bonny Lane(Map 62,Parcel 41),but does not affect the Residential 1 and Watershed Protection District zoning districts in which it is located,a literal enforcement of the provisions of Paragraphs 4,1363.c.43 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that the Planning Board Watershed Special Permit dated March 6,2007 states in Findings of Fact:"1)b)The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property.,.."and the Conservation Commission Notice of intent dated 5/10/07 states that"27.The proposed work includes:the construction of a single-family dwelling,deck,driveway,retaining wall,installation of utilities, stormwater features(water quality swale/roof infiltration trench),removal of existin g paved area for installation of boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetlandon,the (IV W)...:.. The Board finds that the above decisions contain conditions designed to protect the Watershed Protection District even though the location is 64',not 100' from the Non-Disturbance Protection Zone, The Board finds that that theme was no written or spoken opposition, The Board finds that 12 Bonny Lane(Map 62,Parcel 41) is Lot 1 on the Definitive Plan of Nardtcourt Estates,located in,North Andover,Massachusetts,and recorded at the Registry of Deeds,North District Essex County on October 23, 1979. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the i intent or purpose of the North Andover Bylaw, Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting ofthe Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the inspector of Buildings, Furthermore,if the rights authorized by the Variance are not exercised within one(i)year of the date ofthegrant, ji it shall lapse,and may be re-established only after notice,and a new hearing, Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two 2 )year pefrom the date on which the Special Permit was granted unless substantial use or construction has commenced,titshall lapse and maybe re-established only after notice,and anew hearing, No Andover Zoning card of Appeals ert P,Manzi,111, Esq,,Chairman Ellen P.D. cLnty LaGrA�•e�•,/•tp� 100 "08ndot Joseph D, LaGr d t David R.Webster w8j Is ev i� Associate Member ThomasQ 1�113t�Sr -. Decision 2007-013, MP�i. Page 2 of-1 I Gt)11(?s,_notl Suet(,f3uildin8 2ft-Suite 2-,b North Anao�cr,Mussttch Photic-978-688-9541 978-688-9542 useus 01945 Web-tau tt.lattm>liu>rlhcnulovcr.com i 51on In Go Ste ' Tools �? B r. 1lEEEw#E/uarra. MUM ow■s■wH#Hans ,Select the t want t4 perft When done v� the <Previou! Pg 5 VievilPrii t aEHHHSHrat�ar ,;. all: a�.. s�HHHEHssitswu� ! ■■■■1■Hirtra## /E■■■twwa##1E *ON ■UH/�■!M# #imPX !■■#H##Htai�r#a-w .20" too Hwaa1H#a■aHraiiA E#■H■a HM■waaaw'# ■■■■Hrlisa#wESHas E!#EIaH!#H##rwk 1■■H■HHH■wars HH■HHSHIans�` rrssHow asauaHiir /rwwa■/N#ria#aar , HatHHHwall a■wwfwEst/wswHw HE11/!■!#HEwrir ■EEE■■■EHEraawra �Ha■ORM's"'#iss ##awHltl#i■a#rMtkgl ##!rE#■HaraHHIt !■t■H■HlHHH HEaaH■Htrtaaa� ' y H■EE■sra!#rHars wawuwrss■rHaws�. � wwww"R oraHwws r■#■Hwwpasrw##:. #HaHrts 0 a.. #wswwswssnr#aaar ii XURitiist � ma � mamaHHH/wrar ' sHHHHaasrsar, SH "Manows ! HwaeE' l was:##wwsawwsEEE Eas; - EHarsws: ON "Hwaa■#wrffit& #Hsuswssss as Hs#"arHaE swa E1lw /t1[!##Haas H■/1Earwa 1E1rHH!l/HwaaR ■E■EPEE■H#rHraw ■11aHHa#ar##aw€. t■w-no------ Un: w■la##a5T 6' s/HHlwHrE##wei� ', HwwH■E s/swsw� i #www#ssassrwsawer E/EEEEEEE■an/araw (, Ess1HHH/w"tog u.as waualaa ws EE//E1HH■arrrN , #■HaawH#Hssrsc: rwouHHa■sswsx j'' t ownsa*Hrrwaawa HEs#wall/#1■Haaw � HssHwHEH#wsr isMEMMUMrwraaw3: ■HHu■r■w were ,. wHHHHtat!#a5 #H8/wlEa#Hit#awE #1tH■wssarHrar Manama aHHrg#aa6§ T �y�0Eaw#00ssalask�rwr 1 s - is 4P Start t1 I E hf I f i Town of Norton Andover ZONING BOARD OF APPEALS rr YI . . V}x•rt P. \Lu17,i 111, Eerl.�.7tir.,an 1'.11en]?. liclntz'r�, T.i,•;-CLarrm,m Rlchm-( f tyORTH 1 �. I3v,rs,.I{sq. C'Lrk �vscph I1. l.aC;r sc �ro`�,�e° '~U i a Rich.nd AI. Vaillartcourt .r.. p -1 ,tori alt.1 iemGes k ` I'Lorua, iJ. Ippolito + "s A M [lnncl 5. 1 rarsc, E'a<l. � Iuarr(�Icr<;linicStam� 9SSgCHU5�4 .. October 17, 2008 Donald F.Borenstein,Esq. Johnson&Borenstein 12 Chestnut Street, Andover,Massachusetts 0.1810 RE: Bonny Realty Trust,Amy F. Constantino,Trustee 70 Pine Ridge Road North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of the Variance 2007-013: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at the 12 Bonny Lane,North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2007-013 decision to and including April 14,2009 during the regular October 14,2008 meeting upon a motion by Joseph D. LaGrasse and 2 by Richard M. Vaiflancourt. Mass.Gen.L.,ch. 40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Joseph D. LaGrasse,Richard J.Byers,Richard M. Vaillancourt,and Thomas D. Ippolito. NorthAndo Z g Board of Appeals Richard J.Byers, sq.,Acting Chairman and Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate A.lemhers Thomas D. Ippolito cc: Town Clerk ZBA file 2007-013. M62P41. IGO(i fi;rrnui S(. 13"117 x(it,:2-i(,.forth Andover.%1A 018.'t Pholic ) :�-oW91, I l F n 175..(ti? ( 2 R L- . , :luth;('noriLan d,tt .. rn Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq. Chairman of is °o ,6 qN Associate Members Ellen P.McIntyre, Vice-Chairman �� �` "`:° o` Thomas D.Ippolito Richard J.Byers,Esq.Clerk- A Daniel S.Braese,Esq. Joseph D.LaGrasse i Richard M.Naillancourt �j�p K, >` + Zoning Enforcement Officer "q q�AATEo� '�� Gerald A.Brown SSgGHUS DRAFT Agenda Tuesday October 14,2008 7:30 p.m.Public Hearings Town Hall Meeting Room,120 Main Street,North Andover,Massachusetts L CALL TO ORDER: Pledge of Allegiance H. APPROVAL OF MINUTES: III. COMMUNICATIONS: a) John Cahill—166 Salem Street request for permission to remove 3,655 cubic yards of excess earth material from a proposed residential subdivision per Section 5,Paragraph 5.6.2 of the Zoning Bylaw. Amy Constantino,Trustee,Bonny Realty Trust— 12 Bonny Lane request for six-month extension to Variance 2007-013. c) 2009 Meeting Schedule IV. COMMITTEE REPORTS: a) Wireless Bylaw Committee—Albert Manzi b) Housing Partnership—Richard Byers c) Zoning Task Force—Joseph LaGrasse d) Police Station Re-use—Albert Manzi Request District #=Voting members who have heard all evidence. *=non-voter / V PUBLIC HEARINGS: Ju\y Carnev Variance& Special Permit R-4 J 14 Aay State Road (Map�583,Parcel 28) ` VI. \"JOURNMENT: Note: Matters may be called out of order and not as they appear in the agenda. Also,deliberations and not on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. Page 1 of 1 October 14,2008 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover e-mail tju@uf-law.com Telecopier 617-338-0122 Telephone 978-475-4.552 September 29, 2008 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: 12 BONNY LANE—REQUEST FOR SIX MONTH EXTENSION Dear Members: M.G.L. Chapter 40A, §10 states in part: "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section." Please call if you have any questions. Very truly yours, IAS ThomaJJT elis TJU/kmp w:XLkJan1oh\Q0 1 al yt -12 bonny lane.doc BOARD OF APPEALS 1/ �x + + 1 + 2Lal)7-o 13 URBELIS & FIELDSTEEL, LLP e,�P� , 155 FEDERAL STREET 'P BOSTON, MASSACHUSETTS 02110-1727 ly1 =1PITNEY BOWES" /� 02 1P ®O�.QQ�O 0003881965 SEP 29 2008 MAILED FROM ZIP CODE 02110 Zoning Board of Appeals Town of North Andover w E 1600 Osgood Street D North Andover,MA 01845 OCT 1 — Md BOARD OF APPEALS JOHNSON Mark B.Johnson(MA,NH,DC) BORENSTEIN, LLC Donald F. Borenstein(MA,ME,NH) ATTORNEYS AT LAW Kristine M. Sheehy(MA) Denise A.Brogna(MA,CA) 12 Chestnut Street Leslie Crofton Carey(MA,RI) Andover,MA 01810-3706 Tel: 978-475-4488 Paralegals Fax: 978-475-6703 Kathryn M. Morin www.jbllclaw.com Michele C.Jonikas don@jbllclaw.com Karen L. Bussell Via Federal Express September 17,2008 Zoning Board of Appeals c/o Albert Manzi, III.,Esq., Chairman Town of North Andover 1600 Osgood Street Building 20—Suite 2-36 North Andover,MA 01845 Name: Amy Constantino, Trustee,Bonny Realty Trust Address: 12 Bonny Lane,North Andover,MA Decision: Variance dated September 25, 2007, recorded with the Essex North District Registry of Deeds at Book 10952,Page 5 Petition: 2007-013 Dear Mr. Chairman&Board Members: This office represents Amy Constantino,Trustee of Bonny Realty Trust, owner of the above- referenced property. I am requesting a 6-month extension of the above-referenced variance granted on September 25, 2007, as the owner of the property has not been able to proceed with the project and does not expect to do so until the spring of 2009. A copy of the recorded variance is attached for your reference. For your information,wetlands orders of condition and Planning Board Watershed Special Permit have all been approved and remain in effort for the construction of one single- family home on the property. If you have any questions or require additional information,please give me a call. Otherwise, I understand that this matter will be considered at the next meeting of the Board of Appeals, scheduled for the second Tuesday of October. Very truly yours, JOHNSON &BORENSTEIN, LLC Donald F. Bo nstein DFB:mcj\ 2 nrlosurp' D cc:, Almy Constantino SEP �41uuw 1 BOARD OF APPEALS ` Town of Nc lay: 10952 Ps5 JL312&C1 } ZONING BOAFo�--��_ �„�� ,�� � _55PAlbert P.14anzi I1I,Incl.Cbruimon Ellen P. \tclmvre, r leer-C/11]rf//4X N� Richard 1,Byers,Esq.Clerk O<<t``" ,e ►� _ .lnsepll D. I,aGrasge David R.Webster 0.3 OM 1 t�9-5 u s-200 e7 a"1 01 2 5R A•uotiate Nfembern Ic 'Iliotnas D.Ippolita * Richard.NI.\-aillancourt tj0o.i I :!:;:i'. Datuel S. Bracse,Escl. SSACMU`��� This is to certify that twenty(20)days have elapsed from date of decision,filed j Ahy appeal shall be filed within Notice of Decision without filing of an p•eal. Data =. Oo Z (20)days after the date of filing Year 2007 Joyce A.BradshaW of this notice in the office of the f@Yilfi @I@flli Town Clerk,per Mass.Gen. L.ch. 40A, 17 Property at: 12 Bonn Lane NAME: Bonny Realty Trust,Amy F. HEARING(S): August 14&September 11,2007 Constantino,Trustee,70 Pine Ridge Road ADDRESS: 12 Bonn Lane PETITION: 2007-013 North Andover, MA 01845 TYPING DATE: Se tember 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover, MA on Tuesday,September 11,2007 at 7:30 PM upon the application of Bonny Realty Trust,Amy F.Constantino,Trustee,70 Pine Ridge Road,North Andover for premises at: 12 Bonny Lane(Map 62,Parcel 4l),North Andover requesting dimensional Variance from Section 4, Paragraph 4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer2one and Section 7,Paragraphs 7,1,7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny Lane within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July 2,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P. Manzi, III,David R. Webster,and Thomas D.Ippolito. The following non-voting members were present: Richard M. Vaillancourt and Daniel S. Braese. Upon a motion by Ellen P.McIntyre and 2"d by David R.Webster,the Board voted to GRANT a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 for relief of 36' from the requirements of the 100' Watershed Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a proposed single famil dwelling; er: Site: 12 Bonny Lane(Map 62,Parcel 41),North Andover,MA 10845 Site Plan Title: Site Plan,to Accompany,Variance Request,Single Family Dwelling, Bonny Lane,North Andover,MA 01845,Owner: Bonny Realty Trust,Amy F. Constantino,Trustee,70 Fine Ridge Road,North Andover,MA 01845 Date &Revised Dates): 6-14-07 Registered Professional Land Robert E. Smith,Jr.,#35794,Cammett Engineering,297 Elm Street, Surveyor: Amesbury,MA Sheet/Drawing: Sheet 1 of I Building Plan Title: House Plans,to Accompany,Variance Request,Single Family Dwelling, Bonny Lane,North Andover, MA 01845,Owner: Bonny Realty Trust,Amy F. Constantino,Trustee,70 Pine Ride Road,North Andover,MA 01845 B Cammett Engineering,297 Elm Street,Amesbu , MA Date: 7/05/07 Sheet/Drawing: Sheet 2 of 2 Page I of 2 ATTEST; A True Copy 06.v 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-�� 'c11+iNMhandover.coin Bk 10952 Pg 6 #31280 Town of North Andover ZONING BO 'femn Clrrk Tun-Tramp ARD OF APPEALS .I Albert P.:ifanri 111,Esq.Cbahpian Ellen P.1•iclntyrc, F!re-Chairmuq ppRTH Richard 1. 11yers.I.:sq. Clerk Joseph D.LaGrasse 3`� b+c�. - �° �pL �+���! S� ' ••. •- • David R.Webster � p Ass°nale Members # " •Ihotnas D.Ippoliro Richard,�•1.G aillanconrt Daniel S.Braese,Esq. �sswCHUSE'A With the following conditions: 1. The applicant shall record the Planning Board Watershed Special Permit,the Conservation Commission Notice of Intent,and this Variance at the Essex North Registry of Deeds. Voting in favor of the Variance: Ellen P. McIntyre,Joseph D. LaGrasse, David R. Webster,and Thomas D. Ippolito. Voting against the Variance: Albert P. Manzi, Ill. The Board finds that owing to circumstances relating to the specific shape and topography of the land affect 12 Bonny Lane(Map 62,Parcel 41),but does not affect the Residential I and Watershed Protection District zoning districts in which it is located,a literal enforcement of the provisions of Paragraphs 4.136.3.c.ii.3 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that the Planning Board Watershed Special Permit dated March 6,2007 states in Findings of Fact:"1)b)The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property...."and the Conservation Commission Notice of Intent dated 5/10/07 states that"27.The proposed work includes:the construction of a single-family dwelling,deck,driveway,retaining wall,installation of utilities, stormwater features(water quality Swale/roof infiltration trench),removal of existing paved area for restoration,the installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland (IVW)....... The Board finds that the above decisions contain conditions designed to protect the Watershed Protection District even though the location is 64',not 100' from the Non-Disturbance Protection Zone. The Board finds that that there was no written or spoken opposition. The Board finds that 12 Bonny Lane(Map 62,Parcel 4 1) is Lot 1 on the Definitive Plan of Hardtcourt Estates,located in,North Andover,Massachusetts,and recorded at the Registry of Deeds,North District Essex County on October 23, 1979. The Board finds that 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 North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector.of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(I)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,ifa.Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has comme and may be re-established only after notice,and a new hearing. nced, it shat!lapse No Andover Zoning oard of ppeal ert P.Manzi, Ill,Esq.,Chairman Ellen P. . cInty LaGrr Se�{0101 nO loot Joseph D. LaGr .•��i 11 David R.Webster WSJ JS ev.= Associate Member Thomas D. Ippotit Decision 2007-013�oPl Page 2 of 2 1600 Osgoml Street, Building 20-Suite 2-36,North Andover,Massachusetts 1)1945 Phone-978-G88-9541 Fax-978-688-9542 Web-w��n.to�tilioliu�rthanclovcy.u»n k 10952 Pg 7 #31280 �1co `... `� •� E� 1 9 4•[�^w 1 / Y - \ bw NON �•` --B era 1g1�'� .• 4 --- , 4 Kalil x - , t it:71t� Qjp lit cn fk all S i / ob II � � a s , Page 1 of 2 From: Origin ID:TALA (978)475-4488Ship Date:17SEP08 Donald F.Borenstein,Esq. ® ActWgt:1 LB Johnson 8 Borenstein,LLC 1urm CAD:49230561INET8091 12 Chestnut Street Account#:S......*** Delivery Address Bar Code Andover,MA 01810 GL508010817=4 III IIIIIII I IIIIII IIII VIII II I I III IIII I IIIIII II II II I I I II II I I III SHIP T0: 978-475-4488 BILL SENDER Ref# 06-273.2 Albert Manzi, III, Chairman Invoice# North Andover Zoning Board/Appeals PO North 1600 Osgood Street Building 20-Suite 2.36 North Andover, MA 01845 THU - 18SEP A2 TRK# 0201 7911 3936 3396 PRIORITY OVERNIGHT 1 01845 01 MXGA BOSS D SEP �- '__008 BOARD OF APPEALS After printing this label: 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. 2.Fold the printed page along the horizontal line. 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 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Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is$500,e.g.jewelry,precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current FedEx Service Guide. https://www.fedex.com/shipping/html/en/PrintIFrame.html 9/17/2008 Page 1 LEXSEE 11 LCR 206 LEWIS TREMBLAY v.TOWN OF TEWKSBURY BOARD OF APPEALS com- prised of MARK SINGLETON,RICHARD CLUFF,JR.and JOHN D.SULLIVAN; LEWIS TREMBLAY and CELESTE T.CAMPBELL v.TOWN OF TEWKSBURY BOARD OF APPEALS comprised of JOHN D.SULLIVAN,MARK SINGLETON and GERALDINE MURPHY Misc.Case Nos.275586,273037 MASSACHUSETTS LAND COURT 11 LCR 206;2003 Mass.LCR LEXIS 55 August 28,2003,Decided HEADNOTES nying the [**21 issuance of a second building permit for Variances-Date of Grant-Lack of Exercise the Property. Plaintiffs filed a Consolidated Motion for Summary SYLLABUS Judgment in both cases on October 17, 2002. On De- [**1] A Land Court ruling found that the date of cember 27, 2002, Defendant filed its Memorandum in the board vote authorizing a variance constituted the date Opposition to the Summary Judgment Motion. The Mo- of grant and that the permit holder took no actions suffi- tion was heard on January 9, 2003, and was taken under cient to constitute the exercise of the variance. advisement. On January 17,2003,Defendant filed a sup- plementary memorandum in Opposition to the Summary COUNSEL: Richard ONeill, Esq., Daniel Sherwood, Judgment Motion. Esq.,O'Neill&Associates for Lewis Tremblay. Summary Judgment is appropriate where there are no genuine issues of material fact and where the sum- Charles Zaroulis, Esq. for the Tewksbury Board of Ap- mary judgment record entitles the moving party to judg- peals. ment as a matter of law. See [*207] Cassesso v. Com- missioner of Correction, 390 Mass. 419, 422 (1983); JUDGES: Alexander H. Sands III,Justice Community Nat'l Bank v. Dawes, 369 Mass. 550, 553 (1976);Mass.R. Civ.P. 56(c). OPINION BY: SANDS III The following facts are not in dispute: OPINION 1. The Property is located at 56 Helvetia Street and .is shown on Tewksbury Assessors'Map 47 as Lot 134. [*206] DECISION 2. Defendant voted to grant a variance (the "Vari- Plaintiff Lewis Tremblay("Tremblay") filed his un- ance") to Celeste Tremblay for the Property owned by verified Complaint in Misc. Case No. 273037 pursuant to Tremblay on December 6, 1982, which variance pro- G. L. c. 40A, § 17 on July 9, 2001, appealing a decision vided relief from dimensional requirements related to of Defendant Town of Tewksbury Board of Appeals area and [**31 frontage. Defendant's decision (the "De- which upheld a ruling by the Tewksbury Building Com- cision") was filed with the Tewksbury Town Clerk on missioner ("Commissioner") denying the issuance of a December 28, 1982. After the twenty day appeal period building permit for property located at Helvetia Street had expired,the Variance was recorded with the Middle- and Tremblay Avenue, Tewksbury (the "Property"). On sex North District Registry of Deeds at Book 2584,Page October 22, 2001, Tremblay and Celeste T. Campbell 299. ("Campbell")(both hereinafter "Plaintiffs") filed an un- verified Complaint in Misc. Case No.275586 pursuant to 3. The Tewksbury Building Department issued a G. L. c. 4 17, appealing a decision of Defendant building permit ("Permit") for the Property to Tremblay nhtWh`\p l e same ruling by the Commissioner de- SEP I y [006 BOARD OF APPEALS Page 2 11 LCR 206, *;2003 Mass.LCR LEXIS 55, ** on December 27, 1983, which Permit stated "For Foun- 1 "No variance ... shall take effect until a copy dation only at owners risk." of the decision bearing the certification of the city 4.No work was ever commenced under the Permit. or town clerk that twenty days have elapsed after the decision has been filed in the office of the city 5. Tremblay deeded the Property to Campbell (his or town clerk and no appeal has been filed ... is daughter)on December 23, 1987. recorded in the registry of deeds for the county 6. Tremblay applied for a new building permit for and district in which the land is located ..." G. L. c. 40A, §11. construction of a building larger than that contemplated by the Variance. By letter dated January 29, 2001, ad- 2.Exercise Under the Variance dressed to Tremblay, the Commissioner stated that the Plaintiffs argue that since the application for the Permit had expired, the Variance was not properly exer- permit was filed within one year of the date of the filing cised, and a new variance was required. The Commis- of the Variance with the town clerk's office, they have sioner refused to issue a new building permit. met the requirements of the statute requiring the exercise 7. Tremblay appealed this ruling to Defendant. On of rights [**6] under a variance within one year of the May 8, 2001, Defendant upheld the Commissioner by a date of grant. See G. L. c. 40A, § 10. There are two 2-1 vote, finding that: 1) the Permit had expired and ac- prongs to the question raised by Plaintiffs' argument. tual construction had not commenced; and 2) the pro- First, was there any"exercise" activity performed within posed construction was for a structure [**4] larger than one year of the "grant" of the Variance, and second, was that described in the Variance. such activity sufficient to constitute an exercise of the Variance? Plaintiffs argue that the filing of the applica- 8. Tremblay applied again for a new building permit tion for the Permit met both prongs of the test. for a building in conformance with the size reflected in the Variance. By letter dated June 29,2001, addressed to a. Timely Exercise Tremblay, the Commissioner again refused to issue a new building permit for the Property, stating that the G. L. c. 40A, � 10 states, "if the rights authorized by Permit had expired, the Variance was not properly exer- a variance are not exercised within one year of the date cised,and a new variance was required. of grant of such variance such rights shall lapse." The one year statutory period commences on the date of the 9. Tremblay appealed this ruling to Defendant. On "grant" of the variance. Defendant voted to grant the August 30, 2001, Defendant again upheld the Commis- Variance on December 6, 1982. The Variance was filed sioner by a 2-1 vote, finding that: a) the Variance was a with the Town Clerk on December 28, 1982,and,pursu- violation of the Tewksbury Zoning Bylaw; b) Plaintiffs ant to G. L. c. 40A, § 11, took effect on the date that it activated the Variance; c)the Permit had expired; and d) was recorded at the Middlesex North District Registry of Plaintiffs did not get a 4/5 Planning Board vote for re- Deeds, sometime after the expiration of the 20 day ap- submission of an appeal to Defendant. peal period on January 17, 1983. z Tremblay applied for *** the Permit on December 27, 1983. Plaintiffs raised three issues in their Motion for 2 The Summary Judgment record is unclear as Summary Judgment.This court will address each issue in to the date of recording of the Variance. turn. [**7] The language of the Decision states that"The 1.The Validity of the Variance. Board of Appeals of the Town of Tewksbury hereby grants a variance from the requirements of Sections 5.3.1 Defendant voted to grant the Variance on December and 5.3.2 of the Zoning By-law to Celeste Tremblay, 6, 1982, and filed the Decision with the Tewksbury property in question located on Helvetia Street, Tewks- Town Clerk on December 28, 1982. Pursuant to the pro- bury, MA." (emphasis supplied). The certificate of vote visions of G.L. c. 40A, §11,a variance must be appealed states, "at a meeting held December 6, 1983, after hear- within twenty [**5] days after the variance decision is in all parties, the f following motion was made and re- filed with the town clerk. ' The Decision was never ap- g p g ceived the unanimous vote of the members of the Board pealed. A certificate of no appeal was recorded with the of Appeal: IT WAS VOTED TO GRANT THE Middlesex North District Registry of Deeds at Book VARIANCE." (emphasis supplied). G. L. c. 40A, § 10 2584, Page 299. Furthermore, Defendant never raised also refers to the "grant" of the variance, stating "The any issue as to the validity of the Variance. As a result,I permit granting authority shall have the power after pub- lic hearing ... to grant... a variance ..." G.L. c. 40A, §I1 states, "Upon the granting of a variance ... the permit granting authority ... shall issue to the owner and to the Page 3 11 LCR 206,*;2003 Mass.LCR LEXIS 55, ** applicant if other than [*208] the owner a copy of its clerk to start the appeal process,the variance is"granted" decision ... certifying that copies of the decision and all on the date the board votes. plans referred to in the decision have been filed with the As noted above,the date of filing of Defendant's de- ...town clerk. It is significant that the Legislature chose, cision with the town clerk's office starts the clock for the in G. L. c. 40A, § 10 [**8] , the date of grant as the op- appeal process, which after twenty days leads to a certi- erative date relative to the exercise of a variance. In con- fication by the town clerk and then a recording of the trast,the Legislature chose, in G. L. c. 40A, §9,to make the "final action" of the board the operative date for con- certificate with the registry of deeds. The latter event structive approval of special permit applications. The becomes the effective date of the variance. But the vari- ance must b*'granted" before all of these later events Supreme Judicial Court has found that "final action" within the meaning of G.L. c. 40A, §9 is the filing of the take place. [ 101 decision with the municipal clerk.See Building Inspector 4 One often cited treatise, the Massachusetts 3 of Attleboro v. Attleboro Landfill, Inc., 384 Mass. 109, Zoning Manual, suggests that the date of the 112 (1981). However, the Legislature chose to employ the date of the grant of a variance not the board's final grant is "presumably ... the date on which the action, as the operative date in the context of exercise of zoning decision is filed with the municipal clerk." a variance. Therefore, it appears that in this context, the Martin R. Healy, Massachusetts Zoning Manual, Legislature intended "grant" to mean the date the board § 10.18 (2003). However, the Manual cites Attel- votes to grant the variance. boyo Landfill for that presumption, which as dis- cussed above, deals specifically with special 3 Recently, the Appeals Court dealt with an- permits and "final action" and not the date of other issue relating to the grant of a special per- 'grant" of a variance. mit under G. L. c. 40A, §9. In Cohasset Heights, b.Acts Sufficient to Constitute Exercise Ltd. v. Zoning Board of Appeals of Cohasset, 53 Mass. App. Ct. 116 (2001), the Appeals Court, in In their Summary Judgment pleadings, both parties distinguishing the difference between a special argue the issues relating to what kind of events trigger an permit being "issued" and "taking effect", stated "exercise" of the variance, and assumed that the exercise "But the fact that it has not taken effect does not activities took place within the proper time frame of one mean that it has not been issued." Cohasset Year from the grant of the variance. However, I find that Heights at 118. Once again, an appellate court the Summary Judgment record is uncontested that no has confirmed that there are several operative event took place within one year of December 6, 1982, stages in arriving at the effective date of a zoning the date of the grant of the variance. Therefore the Vari- decision. ance lapsed and must be revived in order to be effective. I Plaintiffs' [**11] Motion for Summary Judgment is [**9] G. L. c. 40A, § 15 describes the somewhat denied. Accordingly, this matter is remanded to Defen- analogous procedure for constructive grant of variance dant in order for it to issue a decision consistent with this applications. "Failure by the board to act within said one Decision; Judgment shall thereafter enter. This court hundred days or extended time, if applicable, [after filing shall retain jurisdiction over this matter for any review of the application] shall be deemed to be the grant of the ... Defendant's actions and proceedings following this re- application ..." (emphasis supplied). Although a con- mand that may be necessary. structive grant must be mailed to all parties in interest (including the town clerk) before it becomes final, the 5 Because of this court's findings, it is also not statute specifically deems the final date of the board's necessary to address the issue of whether Plain- failure to act, and not the date of filing with the town tiffs were required to obtain consent from the clerk, as the date of the "grant." Likewise, although a Planning Board before filing a second appeal decision granting a variance must be filed with the town with Defendants. Sep- 19. 2008 10:38AM No. 9396 P. 1/3 LEWIS MkIR SLAY CITE AS 11 LCR 206 Victor H.Polk,Jr.,Esq. LEWIS TREMBLAY Monica L.Swanson,Esq. Bingham Daoa V. 150 Federal Street Boston,MA 02110 TOWN OF TEWKSBURY BOARD OF APPEALS comprised Appear for Lawrence B.Evans,Patrick J.Evans and Beverly A. of MARK SINGLETON,RICHARD CLUFF,JR.and JOHN Evans D.SULLIVAN Ellen B.Kaplan,Esq. Kaplan&Nicholas,P.C. Misc.Case No.275586 63 Winter Street P.O.Box 2198 Edgartown,MA 02539 LEW19 TREMBLAY and CELESTE T.CAMPBELL Appears for Hope E. Horgan, Carol 1. Francis, and Cheryl Arwood,Executor of the Estate of 1lelen James V. Leslie-Ann Morse,Esq. TOWN OF TEWKSBURY BOARD OF APPEALS comprised P.O.Box 84 of JOHN D.SULLIVAN,MARK SINGLETON and 456 Bearse's Way GERALDINE MURPHY Hyannis,MA 02601 Appears for Mark Harding and Eleanor B.Harding Trust Misc.Case No.273037 Richard Erwin Burke,Esq. Beauregard&Burke .August 28,2003 P.O.Box 952 Alexander H.Sands 111,Justice 13 Hamilton Street ` New Bedford MA 02740 Appears for Richard K.Fabio arknveo-Dde of Gmar4wk#/Ewrcise--A Lead Goun ruling Vfound the the date of the board +rota authorizing a vartenee Thomas Margul is,ES4. coosdtated the date of gent and that the pennit holder took no actions 106 Gibbs Street n+faimt to continue the oceeise ofee variance. Newton Centre,MA 02459 Appears for Richard Sullivan DECISION David Wayne time,Esq. . Law Offices of David W.Lima laintiff Lewis Tremblay(`Tremblay')filed his unverified 1661 Worcester Road-Suite 202 Complaint in Misc.Case No.273037 pursuant to G.L.c. P.O.Box 1157 40A,§17 on July 9,2001,appealing a decision of Defen- Framingham,MA 01701 dant Town of Tewksbury Board of Appeals which upheld a ruling Appears for Thomas G.Seeman by the Tewksbury Building Commissioner("Commissioner")de- Cheryl Ann Blaine,Esq. vying the issuance of abuilding permit for property located at Hel- H.Theodore Cohen,Esq. vetia Street and Tremblay Avenue,Tewksbury(the"Property"). Keegan,Werlin&Pabian LLP On October 22, 2001, Tremblay and Celeste T. Campbell 21 Cu tom House Street ("Campbelr"Aboth heroinafter "Plaintiffs") filed an unverified Boston,MA 02110 Complaint in Misc.Case No.275586 pursuant to G.L,c.40A,§ Appear for Gardner Brown and Victoria Brown 17,appealing a decision of Defendant which upheld the same rul- ing by the Commissioner denying the issuance of a second build- lack Fruchtman,Jr. ing permit for the Property. Joarra Fruchtman Russell H.Smith Plaintiffs filed a Consolidated Motion for Summary Judgment in Susan Heckler Smith both cases on October 17.2002.On December 27,2002,Defen- Benjamin L.Hall,Trustee of Gossamer Wing Realty Trust daat filed its Memorandum in Opposition to the Summary Judg- Sarah Saltonstall ment Motion.The Motion was heard on January 9,2003,and Thomas Seeman was taken under advisement. On January 17,2003,Defendant Richard Sullivan filed a supplementary memorandum in Opposition to the Sum- Hamilton Cammann,Trustee of Nick M.Realty Trust mary Judgment Motion. Mary Elizabeth Pratt Betsy Wise Summary Judgment is appropriate where there are no genuine is- David Wise sues of material fact and where the summary judgment record Appear pro se entitles the moving party to judgment as a matter of law.See o �;1 SEP '1 J LUUry BOARD OF APPEALS Sep. 19. 2008 10:38AM No. 9396 P. 2/3 Land Court Decisions-2003 Volume 11 CITE AS 11 LCR 207 Cassesto v. Commissioner of Correction, 390 Mess.419,422 1.The VahiC*of the Vanonce. (1983); Community Nat'l Bank v. Dawes,369 Mass. 550,553 (1976);Mass.R Civ.P.56(c). Defendant voted to grant the Variance on December 6,1982,and filed the Decision with the Tewksbury Town Clerk on December The following facts are not in dispute: 29,1982.Pursuant to the provisions of(1 L.c.40A,§11,a vari- 1_The Property is located at 56 Helvetia Street and is shown on ance must be appealed within twenty days after the variance de- Tewksbury Assessors'Map 47 as Lot 134, vision is filed with the town clerk. The Decision was never ap- pealed. A certificate of no appeal was recorded with the 2. Defendant voted to grant a variance (the "Variance") to Middlesex North District Registry of Deeds at Book 2584,Page Celeste Tremblay for the Property owned by Tremblay on De" 299,Furthernhore,Defendant never raised any issue as to the va. cember 6, 1982, which variance provided relief from dimer- lidity of the Variance.As a result,l find that the Variance was sional requirements related to area and frontage.Defendant's de- -valid. vision (the "Decision") was filed with the Tewksbury Town Clerk on December 28,1992.After the twenty day appeal period 2.Exercise Under the VWonce had expired, the Variance was recorded with the Middlesex North District Registry of Deeds at Book 2584,Page 299. Plaintiffs argue that since the application for the Permit was filed 3.The Tewksbury Building Department issued a building permit within one year of the date of the filing of the Variance with the ("Permit")for the Property to Tremblay on December 27,1983, town clerk's office,they have met the requirements of the statute which Permit stated"For Foundation only at owners risk." requiring the exercise of rights under a variance within one year of,the date of grant.See Cs L.c.40A.§ 10.There are two prongs 4.No work was ever commenced under the Permit to the question raised by Plaintiffs'argument. First, was there S.Tremblay deeded the Property to Campbell(his daughter)on any"exercise"wiry perforated within one year of the"grant" December 23,1487 of the Variance,and second,was such activity sufficient to con- stitute an exercise of the Variance?Plaintiffs argue that the filing 6.Trembig.9pplied for a new building permit forconstruction of of the application for the Permit met both prongs of the test. a building larger than that contemplated by the Variance.By let- o ,F ter dated January 29,2001,addressed to Tremblay,the Commis- sioner stated that the Permit had expired,the Variance was not G L.c.40A,§10 states,"[i]fthe rights authorized by a variance properly exercised,and a new variance was required.The Com- are not exercised within one year of the date of grant of such vari- missioner refused to issue a new building permit ance such rights shall lapse."The one year statutory period com. 7.Tremblay appealed this ruling to Defendant.On May 8,2001, menees on the date of the "grant"of the variance. Defendant Defendant upheld the Commissioner by a 2-1 vote,finding that: votes to grant the Variance on December 6,1982.The Variance I)the Permit had expired and actual eonswction had not tom- was filed with the Town Clerk on December 28, 1982,and,pur- ed; and 2)the proposed construction was for a structure corded to t"s L.c.40A,§ 11,took effect on the date that it was re- meneencthan that described in the Variance. corded at the Middlesex North District Registry of Dads,some- larger after the expiration of the 20 day appeal period on January 8.Tremblay applied again for a new building permit for a build. 17, 1983.Tremblay applied for the Permit on December 27, ing in conformance with the size reflected in the Variance.By let- 1983. ter dated June 29,2001, addressed to Tremblay,the Commis- The language of the Decision states thavibe Board of Appeals sioner again refused to issue a new building permit for the of the Town of Tewksbury hereby grarus a variance from the re- Property,stating that the Permit had expired,the Variance was quirements of Sections 5.3.1 and 5.3.2 of the Zoning By-law to not properly exercised,and a new variance was required. Celeste Tremblay, property in question located on Helvetia 9.Tremblay appealed this ruling to Defendant.On August 30, Street,Tewksbury,MA-"(emphasis supplied).The certificate of 2001,Defendant again upheld the Commissioner by a 2-1 vote, vote states,"[ajt a meeting held December 6,1983,after hearing finding that:a)the Variance was a violation of the Tewksbury all parties, the following motion was made and received the Zoning Bylaw;b)Plaintiffs activated the Variance;e)the Permit unanimous vote of the members of the Board of Appeal:IT WAS had expired;and d)Plaintiffs did not get a 4/5 Planning Board VOTED TO GRANTTHE VARIANCE"(emphasis supplied).G vote for resubmission of an appeal to Defendant. L.e.40A,§10 also refers to the"grant"of the variance,stating 000 "The permit granting authority shall have the power after public hearing to grant...a variance..:'Ca L.c.40A,§ i 1 states, Plaintiffs raised three issues in their Motion for Summary Judg- "Upon the granting of a variance...the permit granting author- ment.This court will address each issue in turn. ity...shall issue to the owner and to the applicant if other than 1."No variance...shalt rake effect until a copy ofibi decision bearing theca f- 2. The Sutmnay Jr dgatent mmid is unclear as m the due of rwordino of the icaticn of dee city or town elark that twenty days have elarW Ater the decision vwimm has born filed in the office ofthe city or town deck and nosypat hoer been Sled.. .is 16cor I in the registry of decade for the cotinty and district in Which the laad is located..."G.L.e.4OA.¢11. Sep. 19. 200810:39AM No. 9396 P. 3/3 CITE AS i i LCR 208 LEWIS TFAMMAY the owner a copy of its decision...certifying that copies of the a decision consistent with this Decision;Judgment shall thenaf- decision and all plans mfenud to in the decision have been filed ter enter.This court shall retain jurisdiction over this matter for with the . . . town clerk."It is significant that the Legislature any review of Defendant's actions and proceedings following chose,in G L.e.40A,§10,the date of grant as the operative date this remand that may be necessary. relative to the exercise of a variance.In contrast,the Legislature chose,in Cx L.c.40A,§9,to make the"final action"ofthe board the openttive date for-constructive approval of special permit ap- plications.The Supreme Judicial Court has found that"final ac- tion"within the meaning of Cx L.c.40A,§9 is the filing of the decision with the municipal clerk. Sea Building lWeror of Attleboro v.Attleboro Landfill,Inc.,384 Mass.109,112(19S 1). Richard O'Neill,Esq. However,the Legislature chose to employ the date of the grant of Ranier Sherwood,Esq. a variance,not the board's final action,as the operative date in Daniel, h Associates the context of exercise oft variance.Therefore,it appebrs that in O'Neil200 Main Street-Suite 112 this context,the Legislature intended"grant"to mean the date Tewksbury,MA 01876 the board votes to grant the variance. Appearfor Lewis Tremblay Q L.c.40A,§ 15 describes the somewhat analogous procedure for constructive grant of variance applications."Failure by the board to act within said one hundred days or extended time,if ap- Charles Zaroulis,Esq. plicable,(after filing the application]shall be deemed to be the 40 Church Street-Suite 500 grant of the...application.."(emphasis supplied).Although a Lowell,MA 01852 constructive grant must be mailed to all parties in interest(in- Appears for the Tewksbury Board of Appeals eluding the town clerk)before it becomes final,the statute spo- cifically deems the final date of the board's failure tgact,and not # * * * a s the date of filing with the town clerk,as the date of the"grant.' Likewise,al]6ough a decision granting a variance must be filed with the town clerk to start the appeal process,the variance is "granted"on the date the board votes. As noted above,the date of filing of Defendant's decision with - the town clerk's office starts the clock for the appeal process, which after twenty days leads to a certification by the town clerk and then a recording of the certificate with the registry of deeds. The latter event becomes the effective date of the variance.But the variance must be"granted"before all of these later events take place! b.Acts sL40cimV to Cono tAe EMCise In their Summary Judgment pleadings,both parties argue the is- sues relating to what kind of events trigger an"exercise"of the variance, and assumed thit the exercise activities took place within the proper time frarne of one year from the grant of the variance.However,t find that the Summary Judgment record is uncontested that no event took place within one year of Decem- ber 6,1982,the dater of the grant of the variance.Therefore the Variance lapsed and must be revived in order to be effective.° Plaintiffs'Motion for Summary Judgment is denied. Accord- ingly,this matter is remanded to Defendant in order for it to issue 3.Recently,the Appeals Court drab with another issue relating to me grant of a 4.One often cited nedse,the ManacNuseru Z4WRS Manual,suggests that the special permit ender G.L.a.40A,J 9.In t^ehauef Heights.Lid.v.ZoMngBoard data of tha Xmas is' bly...dx date oa which the zoning decision is filed of Aptsal+ofCofmsse4 53 Maas.App.Ct,116(2001),the Appeals Court,in die- wi&the municipal clerk"Martina R.Healy.Massachusetts Zoning Manual,§ = m�adhing the difference between a special permit being"iwaC and"taking 10.18(2003).However.the Manual cites Af 1bom Uasf Jfff far that presumpooa, effect",stated"Bid the fact that it has not taken affect does not mean that it has which as discussed above,deals specifically with special permits and"fwal ac. not been issued"Cohasrt Heights at i IS.Out again,as appellate tout 1185 ooh"sad not the data of"gam"of rvatiance, confirmed dot there am wvaw epentive stW in aniviag si the effective data of a zoning decision. S.tlaause of this court's findings.it is also out necessary to addrep the issue of whether Plaintiffs were required to obtain caaeas,f3om die PMmdag Board be- fore Rftg a second appal with Defendants. Way Anji i: i A_] ReDor � 7/ c., J Y � J j No- ver I q -Z Massachusetts f °L vjj\ covvS-e I Y- UpslpJ ooc um,m # I—& D7 Q FY X985 a fAnnual R { 5 Town of North Massachusetts NORT►y .q O MIA T O _ LAKE COCMICM CK--- V d ADRATED � S`SAC HUSH FY 1985 , Article 10. IMPLEMENTING COLLECTIVE BARGAINING AGREEMENTS. To see if the Town will vote to raise and appropriate the sum of $ 11 to be expended under the direction of the Board of Selectmen for the purpose of implementing collective bargaining agreements reached with Town contractual employees. (Petition of the Selectmen) VOTED to approve the article in the amount of $82,950. WATERSHED DISTRICT PRESERVATION ARTICLES (11-15) Article 11. COMPREHENSIVE .>PLANNING STUDIES FOR WATERSHED DISTRICT.. To see if the Town will vote to raise and appropriate or take from available funds the sum of $ 75,438 to be expended under the direction of the Board of Selectmen for the purpose of undertaking certain comprehensive planning studies in connection with the preservation of Lake Cochichewick and the public drinking water supply of the Town of North Andover. (Petition of the Selectmen) VOTED to approve the article as written. Article 12. WATERSHED DISTRICT TEMPORARY GROWTH LIMITATION. To see if the Town will vote to amend Section 4.133, Watershed District, of the Zoning Bylaw, by adding a paragraph (4) , as follows: "(4) Lake Cochichewick Preservation Amendment a) Notwithstanding anything contained in this bylaw to the contrary, no permits shall be issued for the construction of any new building, structure, road, or driveway or for earth removal, except for the proposed municipal water filtration plant, within the Watershed District for a period of three (3) years from the effective date of this amendment. b) This amendment shall not apply to any renovation, alteration, or addition to an existing building, structure, road, driveway, or any structure in agricultural or horticultural use. c) A use variance may be granted by the Board of Appeals for the issuance of a building permit within this three-year period but not for a use not otherwise allowed by the district regulations. (Petition of the Selectmen) EXPLANATION: This amendment provides for a three-year prohibition on the issuance of building permits and special permits in the Watershed District, to provide controlled development in the Watershed District while the appropriate Town boards, commissions, and officers conduct and implement a comprehensive planning study, pursuant to the terms of the previous warrant article, relative to the preservation of Lake Cochichewick, our source of water supply; recognizing that a proposed water filtration plant for the Town's public drinking water supply is not expected to be completed until 1988. Exempted by General Laws from the provisions of this amendment are all lots shown in a definitive subdivision plan, or a preliminary plan followed by a definitive plan within seven (7) months, submitted to the Planning Board and written notice of which is given to the Town Clerk prior to the date on which this amendment is voted upon at Town Meeting. Also exempt by the General Laws from the provisions of this amendment are lots shown on definitive subdivision plans ; endorsed by the Planning Board within eight (8) years prior to the date of the vote of Town Meeting on this amendment; and lots shown on Form A plans, r so-called, so endorsed within three (3) years prior to the date of said vote. " VOTED to approve the article as written (by a unanimous vote) . 111 Article 13. PROHIBITING UNDERGROUND FUEL STORAGE IN WATERSHED DISTRICT. To see if the Town will vote to amend Section 4.133 Watershed District of the Zoning Bylaw by: inserting the following in subsection (2) Prohibited Uses 'underground steel storage tanks for petroleum products' (Petition of the Planning Board) EXPLANATION: As recommended by the Fire Department, this will prohibit the installation of steel storage tanks in the Watershed District and require fiberglass or corrosive resistant tanks. VOTED to approve the article as written (by a unanimous vote) . Article 14. PROHIBITING CONSTRUCTION WITHIN CERTAIN DISTANCES IN WATERSHED DISTRICT. To see if the Town will vote to amend Section 4.133 Watershed District by deleting the following from subsection (d) of paragraph (3T— 'except by Special Permit' and add the following in its place: The intent herein is dimensional and the North Andover Board of Appeals shall grant variances upon a showing of substantial hardship owing to the soil, shape or topography of the land, including the right to cross such tributaries. (Petition of the Planning Board) EXPLANATION: The purpose of this article is to eliminate construction within 250 feet of Lake Cochichewick and 100 feet of a tributary in the Watershed District by Special Permit. The North Andover Board of appeals shall have the jurisdiction and is to be treated as a variance application not a Special Permit. VOTED to approve the article as written (by a two-thirds vote: yes 908, no 12) . Article 15. ZONING BOARD OF APPEALS AS WATERSHED DISTRICT SPECIAL PERMIT GRANTING AUTHORITY. To see if the Town will vote to amend Section 2.65 Special Permit Granting Authority of the Zoning Bylaw by deleting the following words: 'the Watershed District' (Petition of the Planning Board) EXPLANATION: As a result of eliminating construction by Special Permit as specified in Article 14, the Board of Appeals will become the governing body. VOTED to approve the article as written (by a two-thirds vote: yes 750, no 10) . AMENDMENTS TO THE ZONING BYLAW (16-27) Article 16. FRONTAGE EXCEPTION/LARGER AREA LOTS. To see if the Town will vote to amend. Section 7 .2.1 ) Street Frontage in the Zoning Bylaw by adding subsection e. : 'no such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7 .2.1 ) . ' (Petition of the Planning Board) 112 THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 Reprinted 1986 F NORTN O OL r •4 1+ r�' �. • 7S1• • �J SACHUSE� PLANNING BOARD (11 ) Bus garage. ( 12) Any accessory use customarily incident to any of the aboye, permitted uses, provided that such use shall not be injurious, noxious, or offen- sive to the neighborhood. (13 ) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. 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 addition 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 ay least ten (10) acres, the keeping of any number of animals or birds 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. (14 ) Day Care Center by Special Permit (1985/23 ) 4.133 Watershed District VP (1 ) Purpose: The Watershed District surrounding Lake Cochich- ewick, 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 -34- materials, underground steel storage tanks for petroleum products shall be prohibited. (1985/13 ) (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. 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 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 '.ake , Cochichewick and one hundred (100) feet horizontally from the edge of all tribu- taries. The intent herein is dimensional and the North Andover Board of Appeals shall grant variances upon a showing of substantial hardship owing to the soil, shape or topography of the land, including the right to cross such tributaries. (1985/14) (4) Lake Cochichewick Preservation Amendment (1985/12 ) a) Notwithstanding anything contained in this bylaw to the contrary, no permits shall be issued for the construction of any new building, structure, road, or driveway or -35- for earth removal, except for the proposed municipal water filtration plant, within the Watershed District for a period of three ( 3 ) years from the effective date of this amendment. b) This amendment shall not apply to any renovation, alteration, or addition to an existing building, structure, road, driveway, or any structure in agricultural or horticultural use. c) A use variance may be granted by the Board of Appeals for the issuance of a building permit within this three-year period but not for a use not otherwise allowed by the distrist regulations. 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 acbompanying North Andover Flood Insurance Study, are incorporated herein by reference. 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'e Y,... r. • ... , J�'it:k �.D.. -'e�+ �'+ 'Y_ �'A �I', '::� ��T -7 - _ �x , Me r i 1 r, , .i}-.� �L :.!;E F<' .� ,� C�u�tiya �' �',•tet”"=� � ,- -0, r�• ,r � � 4 1r��.� '`Y a+?� +�St r��S rr •t {Fry �-6k "v'y����� �'r °^lr����5� �'���^ Section 3 ZONING DISTRICTS AND BOUNDARIES 3.1 ESTABLISHMENT OF DISTRICTS The town of North Andover is hereby divided into- zoning districts designated as follows: Residence 1 District Residence 2 District Residence 3 District Residence 4 District Residence 5 District Business 1 District Business 2 District Busines8 3 District Business 4 District General Business District Industrial 1 District Industrial 2 District Industrial "S" District 3.2 ZONING MAP The zoning districts established by this By—Law are bounded as 'shown on a map entitled "Zoning Map of the Town of North Andover", dated May 12, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map accompanies and is hereby made a part of this By—Law. Any land area not designated upon said map as being within another zoning district shall be with— in the "Residence 2 District." 3.3 DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on.the Zoning Map, the Bui.ldi.ng Inspector shall determine the location of such boundaries. In reaching any such determinations the Building Inspector may properly rely upon the accuracy of the land—area descriptions appearing in the Zoning By—Law adopted by the Town in 1956, and as thereafter amen.ded.l insofar as any of them may be pertinent, thereto. _g_ d) The sale of products raised as a result of the above uses on the subject land. (14) Warehousing and wholesaling. (9) Warehousing and wholesaling. (15) Golf course. (10) Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclosed by a (lb) Lumber or other building materials storage or sales, fuel storage fence of five, feet or more in height. or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height. (11) Bus garage. (17) Bus garage. (18) Automobile service station (limited to one in each 2,000 linear 4.2 ACCESSORY USES feet of street or highway as measured along centerline). (1) Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as do not (19) Car wash. alter the character of the premises on which they are located nor impair the neighborhood. (20) Automobile or other motor vehicle repair, provided all activities are within an enclosed building. (2) Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to (21) Veterinary hospital and kennels, provided all activities are a permitted use and where the product is customarily sold on the within an enclosed building. premises by the producer to the consumer. (22) Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use 4.3 ACCESS TO BUILDINGS shall not be injurious, noxious, or offensive to the neighborhood. No private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential 4.131 Industrial "S" District district. (1) Research and development facilities. (2) Business, professional and other offices. (3) Place of worship. i (4) Nonprofit school or private school for profit- (5) Public building or useand public service corporation. (6) Printing and reproduction. (7) Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment.of articles or merchandise, other commercial non—retail activity, provided such uses are con— ducted solely within a building and further provided that such uses are not offensive, noxious, detrimental or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise,. vibration, light or other adverse environmental effect. (8) Premises of a.bank,:post office, telephone exchange or telephone business office, local bus passenger station or business office 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. —22- y -23- 7 ; � w A k�y � 'max � 'a�'�`•^+.,„M � a w u j✓°R c4 .a.,4r3 ,.t. ���� tYy F r Annual Report 4 North Andover, Massachusetts No°T a gti0 1978 pq' < • 7 ORATED�PP,�.(y r 9SSACHUSE. f c Board of Appeals" and inserting in place thereof the phrase "otherwise by the provisions of a variance granted by the Board of Appeals." 11 . Section 6.1 amend by adding: more to th, (3) At least fifty (50) percent of continuous land of every lot laid out acre for use shall be buildable land with soils dry enough to permit installation and bird; use of facilities for disposal of sanitary wastes and all structures and buildings. dent e In computing the buildable area of any lot, no part of a private or public way 3 and no pond or river shall be included. Wetlands and lands with over twenty animal (20) percent in slope shall be considered unbuildable. To facilitate deter- ridinc mination of sufficient buildable land, the Planning Board may require an indication on plans of the general location on the lot of the proposed strut- jecqt 1 tures and buildings. (c) (4) In order to comply with the minimum square foot requirement, a lot to the must be a plot of land being a definite area and a closed perimeter. Larger (d) lots are acceptable provided the site intended for a building is contained conval within a portion of the lot which meets the zoning requirements of the area (, author and perimeter, All lots or portions of lots as defined in this paragraph z„ refer must have a shape number of less than twenty-two (22) . Shape number is defined and th r as the number resulting from the division of the square of the perimeter by ation the area of the lot. Uses: (5) The width of a lot shall be considered to be the distance between the Prol straight lines connecting front and rear lot lines, at each side of the lot, d .I and measured across the lot at the requ red set back line. The width shall other i equal the street frontage minimum of the zone. 2 12. Section 6.2 Add at the end of the first sentence thereof, the phrase "subject or oth� to the provision of Section 6.1 (5) . stud 13. Section 6.4 strike from the last sentence the words "permission of" and insert (3) yp- in place thereof the words "a variance granted by." a) 1 14. Table 2 (following section 6) : A)strike the first sentence of Footnote 5: the cei B) strike footnote 6 and renumber the remaining Footnotes accordingly: C) strike Map fol from the first sentence of the former Footnote 7 the words "or townhouse comple- and are -xes"; D) strike from the former Footnote 7 paragraph (b) thereof and renumber b) the remaining Footnotes accordingly; E) strike from the final item appearing in meet t1 the column in said Table having to do with the Residence 5 District the reference me the to Townhouses. c) 15. Section 7,1 amend by deleting the Restaurant minimum spaces required of tall i "One space for each three seats" and inserting thereof "One space for each (Z5)yfe two seats. " Petition of the Planning Board. VOTED UNANIMOUSLY to adopt this the article as amended. A. amend Sections 2.68, 2.69 and 2.70 as so renumbered d) N by adding "(setbacks) "after the phases defined thereby. B. Section 4.130 (6) " from th change to read as follows : Public service corporation and energy or resource feet (10 recovery facility. " C. Section 6.1 (2) amend by striking therefrom the phrase Table 1 "otherwise by the Board of Appeals" and inserting in place thereof thephrase Watersh "otherwise by the provisions of a variance granted by the Board of Appeals ." The D. Section 6.4 strike from the last sentence the words "permission of" and the Wat insert in place thereof the words "a variance granted by." and R-3 ARTICLE 71 . To see if the Town will vote to amend its Zoning By-Law by adding Voted t the following new section: ARTICLE 4.133 WATERSHED DISTRICT the fol (1 ) Purpose The Watershed District surrounding Lake Cochichewick is intended to pre- 4.13 WE' serve and maintain the filtration and purification function of the land, the The I ground water,table, the purity of the ground water and the lake, to conserve ground the natural environment and to protect the public health, safety and welfare. ersons (2) Permitted Uses P (a) Woodland; grassland; wetwhich miland; agricultural use of land or water, not along wi requiring filling or excavating; recreation uses including swimming boating wildlife nature study, fishing and hunting, unless otherwise prohibiThe Wetl ted oy other ordin- f antes , law or by and conservation of water, plants and wildlife. North Ar (b) 1 . Farming of field crops and row crops, truck gardens, forestry maps arf orchards, plant nurseries, and greenhouses. of the 1 2. On any lot of at least three (3) acres, the keeping of-a total of not (1) F I The f 152 1 ` y the ) more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each aid out additional }i a:' acre of lot size to nine (9) acres the keeping of one additional animal or tion and bird; but not the keeping of any animals, birds, or pets of persons not resf- buildings. dent on such lot. is way 3. On any lot of at least ten (10) acres, the keeping of any number of 1 enty ': animals or birds regardless of ownership and the operation of equestrian ter- riding academies, stables, stud farms , dairy farms, and poultry batteries . n 4. The sale of products raised as a result of the above uses on the sub- ,(. true- ject land. 3". ), (c) All development within the watershed zone shall be made according t to the provisions of residential - 1 zoning. rger 4 (d) All other special uses such as public buildings and uses , nursing and 4 ed convalescent homes, shall be permitted only under the Special Permit granting 1` rea ( authority. Before granting a special Permit the authority shallrefer all proposed projects ' to the Board of Public Works, the Board of Health efined i, and the Conservation Commission. These Boards shall make a written recommend - by ation of the project to the granting authority within 35 days . Prohibited Uses: 4 the i' Prohibited Uses lot, 1 . Dumping of trash, rubbish, garbage, wcod, stumps, peat, junk or 11 other waste materials shall be prohibited. 2.Filling dumping, excavating removal or transfer of gravel , sand, loam "subject i, or other material in the watershed shall require an environmental impact study. and insert ' (3) Dimension and No Build Requirements a) Boundaries of the Watershed District. are designated specifically on to 5: the certified North Andover Watershed Map, 1978 and are shown on the Zoning strike Rip for reference only. These maps are hereby made a part of this by-law comple- and are on file in the office of the Town Clerk. number b) The portion of any lot within the Watershed District may be used to ring in meet the area and lot requirements for the district in which the remainder reference of the lot is situated. }. c) A no-cut buffer zone shall exist one hunored fifty feet (150) horizon- of tally from annual mean high water mark of Lake Cochichewick and twenty-five each (25) feet horizontally from the 100 year flood elevations of all tributaries in pt this ): the watershed. red ' d) No construction shall occur two hundred fifty feet (250) horizontally J. 30 (6) from the annual mean high water mark of Lake Cochichewick and one hundred ource feet (100) horizontally from the 100 year flood elevations of all tributaries. rase r Table 1 shall be amended to include a summary of use regulations within the rase ( Watershed District Zone. The Zoning Map of North Andover shall be amended to include the boundaries of id �, ;, the Watershed District for reference purposes only and the change from R-2 $' and R-3 to R-1 zoning within the Watershed. Petition of the Planning Board. {? Votedto grant leave to the Petitioners to withdraw article from Warrant. 9ding ARTICLE 72. To see if the Town will vote to amend its Zoning By-law by adding _, the following new section: :o pre- 4.13 WETLAND DISTRICT "q the The Wetland Districts are intended to preserve, protect and maintain the 4 :rve ground water quality, water recharge areas and ground water table , to protect dare, persons and property from the hazards of flood water inundation and costs a which may result from unsuitable development in swamps; ponds , .bogs or marshes !r, not along watercourses and to conserve the environment, wetlands vegetation )ating wildlife and open spaces for the education and general welfare of the public. Y )rdin- The Wetland Districts are shown on the map entitled "Wetlands Districts of North Andover" and as shown on the Zoning Map for reference only. These maps are hereby made a part of this by-law and are on file in the office �t of the Town Clerk. }, )tal of not (1 ) Permitted Uses The following uses are permitted providing such uses do not affect the s.;. 153 n y ;r ��r i i natural flow pattern of any watercourse. (a) Recreation facilities such as play areas, nature study, boating, l fishing and hunting unless prohibited by otherordianances,laws or by-laws . l (b) Wildlife management areas , temporary small non-residential structures P1 of less than one hundred (100) square feet of floor area and creation of ponds f. with a total water surface"area of less than forty thousand (40,000) square a, feet. f (c) Removal of silt and other debris which might interfere with the natural of flow of watercourses are permitted according to the regulations of the Conservation Commission. wi (d) 1 . Farming of field crops and row crops, truck gardens , forestry, orchards, plant nurseries and greenhouses. or 2. On any lot of at least three (3) acres, the keeping a total of not mi more than three (3) kinds or assortment of animals or birds in addition fi to the household pets of a family living on such lot, and for each additional animal or bird; but not the keeping of any animals, birds or pets of persons b not resident of such lot. 3. On any lot of at least ten (10) acres, the keeping of any number of ar animals or birds regardless of ownership and the operation of equestrian riding At academies, stables, stud farms, dairy farms and poultry batteries . wi 4. The sale of products raised as a result of the above uses on the li subject land. ur (e) All :other special uses such as public buildings and uses shall be only under the Special Permit ranting authority. Before grant- ing a special permit,,all proposed projects shall be referred to the co Conservation Commission. This Commission shall make a written recom- mendation of the project to the granting authority within 35 days . oc (2) Prohibited Uses (a) No new building, paving, fences, vehicles, or structure shall be op constructed and no existing building or structures shall be altered or PC enlarged. tr ' tr (b) No dumping,filling:or relocation of earth materials shall be ve permitted, nor shall the storage of salt, petroleum products, chemicals e or similar substances be permitted, in any pond, lake, marsh, swamp, or roR pa other existing body of water or existing area. fi (c) The 'fil ling excavating or development of any land within 100 feet $; Cl of the banks of rivers, streams, ponds or lake requiring an amount of of earthwork equivalent to 500 cubic yards or more or when the area to beco altered or developed exceeds 10,000 sq. feet, shall only be conducted an according to the regulations of the Conservation Commission. L. Ta The portion of any lot within the Wetland District may be used to meet the Cl area and lot requirements for the district in which the remainder of the lot le is situated. Table 1 shall be amended to include a summary of use regulations within the Wetlands District area. adi AR' The Zoning Map of North Andover shall be amended to include the boundaries of , Se the Wetland District for reference purposes only. Se. Petition of the Planning Board. Voted to grant leave to the Petitioners to withdraw article from Warrant. f �° fay ARTICLE 73. To see if the Town will vote to amend its Zoning By-law by adding wot to Section 4, the following new section: the Section 4.135 CLUSTER DEVELOPMENT dei (1 ) Purpose ori Cluster development Dermits a voluntary single-family subdivision (2) alternative, to encourage development patterns that preserve open spaces without increasing average density specified for that residential district. A cluster development subdivision results when the houses on a given tract tat of land are erected on lots of reduced area and frontage, in order that the rec balance of the tract remain as permanent open space. Cluster development shall be approved by the Special Permit granting authority of the Planning (3) Board. (2) Density and Dimensional Requirements 154 w P � k f . 1 WV__ .... r5 - rf�" ~� Town of > � North Andover, Massachusetts � 1972 Reprinted January-, 1979 L O �. v c `mn° < —cKATED P' AGHKV US���h �x PLANNING BOARD r WILLIAW N.,SALEM ME, Chairman JOHN J MON�EIRO, Vice Chairman- JOYCE A DITORE, Clerk WILLIAM-C.HEPULIS MICHAEL P ROBERTS y ,s Section 3 ZONING DISTRICTS AND BOUNDARIES 3.1 ESTABLISHMENT OF DISTRICTS The town of North Andover is hereby divided into zoning districts designated as follows: Residence 1 District Residence 2 District Residence 3 District Residence 4 District Residence 5 District Business 1 District Business 2 District Business 3 District Business 4 District General Business District Industrial 1 District Industrial 2 District Industrial 3 District Industrial "S" District Flood Hazard District 3.2 ZONING MAP The zoning districts extablished by this By-Law are bounded as shown on a map entitled "Zoning Map of the Town of North Andover, dated May 12, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map accompanies and is hereby made a part of this By-Law. Any land area not desig- nated upon said map as being within another zoning district shall be within the "Residence 2 District". The Flood Hazard District is defined as all areas so designated on maps entitled IIIA Flood Hazard Boundary Maps" H01-08 dated June 28, 1974 on file with the Town Clerk, incorporated by reference herein. i 3.3 DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Building Inspector shall determine the location of such boundaries. In reaching any such determination, the Building Inspector I may properly rely upon-the accuracy of the land area descriptions appearing in the Zoning By-Law adopted by the Town in 1956, and as thereafter amended, insofar as any of them may be pertinent thereto. l' i C 0 t r —8— r buildings.ng By Special Permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other b) When the watershed district boundary divides a lot of record on retail stores of any kind. 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 (9) Warehousing and wholesaling. 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 (10) Lumber or other building materials storage or sales, fuel storage, t not more than one hundred (100) linear feet in depth (at a right angle � or contractor's yard, provided all outdoor uses are enclosed by a to such boundary) into the lesser part by area of such lot so divided. fence of five feet or more in height. j c) A no out buffer zone shall exist one hundred fifty (150) feet dp (11) Bus Garage horizontally from the annual mean high water mark of Lake Cochichewick ) and twenty—five (25) feet horizontally from the edge of all tributaries (12) Any accessory use customarily incident to any of the above permitted in the watershed. uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. d) No construction shall occur two hundred fifty (250) feet horizon— j tally from the annual mean high water mark of Lake Cochichewick and (13) a) Farming of field crops and row crops, truck gardens, orchards, one hundred (100) feet horizontally from the edge of all tributaries, Y plant nurseries, and greenhouses. except by special permit. �I (14) b) On any lot of at least three (3) acres, the keeping of not more 4.13 Flood Hazard District 1� than three (3) of any kind or assortment of animals or birds in addi— tion to the household pets of a family livinon such lot, and for (1) Any other by—law or regulation to the contrary notwithstanding, no each additional acre of lot size to nine, (9 acres the keeping of construction shall be permitted within the District unless it has been one additional animal or bird; but not the keeping of any animals, duly determined that all utilities are located, elevated, and con— birds, or pets of persons not resident on such lot, structed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing (' c) On any lot of at least ten (10) acres, the keeping of any number drainage are adequate to reduce flood hazards. of animals or birds regardless of ownership and the operation of a 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: I+ The Watershed District surrounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and I' 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. (I (2) Prohibited Uses: a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other j. 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. -23- ' —2P— I� t. tt a (Section 2 continued) 2.63 Rooming House Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used, rented or hired out to be occupied or that are occupied for sleeping pLsposes for compensation, whether the compensation be paid directly or indirectly. 2.64 Special Permit The words Special Permit where used in this By—Law shall mean a permit granted under the guidelines of Section 9 of Chapter 40A of the General I Laws. 2.65 Special Permit Granting Authority The Planning Board shall be the granting authority of all special permits to Cluster Development, Planned Development District and the Watershed # District. The Board of Selectmen shall be the granting authority of all special permits pertaining to non—accessory signs as specified in Section 6.52 of this By—Law. The Board of Appeals shall be the granting authority of all other special permits allowed in this Zoning By—Law. i 2.66 Special Permit Use A use of a building or lot or an action upon premises which may be permitted under this By—Law only upon application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval of such �t Permit Granting Authority and the conditions stipulated. 2.67 Street A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.68 Structure Means a combination of materials to form a construction that is safe and stable; including, among others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words "or part thereof". ji 2.62 Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by the By—Law. 2.70 Tributary JAny portion of any brook, stream, bog; swamp or pond which flows into Lake ! ' Cochichewick. —6— L, u i 10016 R 14 l,h.10:S9 FANNING DEPARTMENT Community Developmuttphrislon IlJitT,i 1600Osgood Street North Andover,Mossachusetts,01845 Phone:978.688.9535 For.978688.9542 NOTICE OF DECISION. Any appeal shell be fried within(20)days after the date of filing this notice in the office of the Town Clerk. Date: March 12,2007 Date of Hearing: October 1712W60 January 20,2007 Date of Decision: March 6,2007 Petition of: Bonny Realty Trust-Amy Constantine,Trustee 7BPhwRWgcRoad North Andover,MA 01845 Premises Affected: 12 Bonny Lane,North Andover,MA 01845,Map 626 Pared 41,within the R-1 Boning district. Referring to the above petition for a Watershed Special Permit from therequuun orAs of Ste Nm&Andover Zoning Bylaw,Section 4.1363(cii),(1),(2),(5)&(6)• Sp as to allow:.to construct a proposed 3,950 s.£single-family,residence with attached garage,110+foot driveway, installation of underground utilities and associated grading and landscaping 60 feet from a delineated wetland resource arca within the Non-Dishubanx butTor zone of the Watershed Protection District. After a public bearing given on the above date,and upon a motion by Richard Rowca and V by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions.Vote was in favor of the application.Voting members:R.Rower,A Angles,J.Kusd;R Nardella,4-0. J. Simons and T.Seibert did not vote the motion ��On behalf ofthe North ABoard Richard Nmdck Chairman Alberto Angles,acting Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer Abutters 1 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of3,950 a.f.Single-Family Residence 2) Then; is no reasonable alternative location outside the General and Non-Disturbance Zones for an discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential I Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon S ECIAI,rng the above CONDITIONS: rn�the Planning Board approves this Special Permit based upon the following I) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of Appeals granting a Variance from Section 4, Paragraph 4.136(3)(cxiix3)of the Zoning Bylaw to allow the construction of the single-family residence(permanent structure)60 feet from an isolated wetland resource area within the Watershed Protection district's Nondisturbance Buffer Zone. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior To Any Work On Site: a. A performance guarantee of two thousand dollars($2,000)in the forth of a check made outto the Town ofNorth Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance ofa building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to the Planning Department, 3 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of3,950 s.f.Single-Family Residence Date: July 10,2006,Revised 1/9/07 Sheets: 1 Report titled: Stormwater Analysis Project#06013 Bonny Lane North Andover,MA 01845 Prepared for•. Bonny Realty Trust Amy Constantino 70 Pine Ridge Road North Andover,MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury,MA Date: September 14,2006 5 JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN L. BUSSELL DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) February 20, 2007 Planning Board Department Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36, Planning Department North Andover, MA 01845 Re: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (Map 62, Lot 41) Watershed Overlay District Special Permit Application Dear Planning Board Members: As you know, I represent the Applicant, Amy Constantino, Trustee of Bonny Realty Trust. This letter will outline the ownership history of 12 Bonny Lane (the "Locus") and 10 Bonny Lane, an adjoining lot. As you will see, these properties were only held in common ownership from 1983 to April, 1987. On May 17, 1982, E&F Builders deeded 10 Bonny Lane to Scott Properties. Scott Properties then immediately deeded the property to E. Haffner and Joanne Fournier. Just over one year later, on June 21, 1983, the Fourniers acquired two small areas of land that were added to 10 Bonny Lane. Prior to 1980, John Warlick undertook a subdivision of other land on Bonny Lane to create the Hardt Court Estates Subdivision. On December 24, 1980, Mr. Warlick deeded the Locus, Lot 1 of the subdivision a/k/a 12 Bonny Lane, to Andrew Shea. Mr. Shea deeded the Locus to E. Haffner and Joanne F1New-DocslConstantino,Amy106-27312 Bonny Lane,No.Andover,MA-Planning Boardlplanning board Itr 02.20-07.DOC Planning Board Department Town of North Andover February 20, 2007 Page 2 Fournier on September 1, 1983. This was the first time that the Locus and 10 Bonny Lane were held in common ownership. Each property was a complying residential building lot at that time. E. Haffner and Joanne Fournier deeded the Locus to Bonny Realty Trust on April 29, 1987. Each property was a complying residential building lot at that time. The Locus and 10 Bonny Lane have not been held in common ownership since that time. The Trustee of Bonny Realty Trust at the time of the conveyance was Reginald Marden. When he passed away in 1997, Amy Constantino and her brother, H. David Fournier, became trustees and continue to hold the Locus in trust. The lot area requirement for the district in which the Locus is located increased to 2.0 acres by virtue of a vote at the Town's Fall 1987 Town Meeting. This change was approved by the Attorney General on November 27, 1987. Thus, the Locus, which became non-conforming as a result of the increase, was held separately from 10 Bonny Lane at the time of the increaser. As noted above, the Applicant submits that the Locus has been held in separate ownership since April 29, 1987, approximately 7 months prior to the zoning change that made the lots non-conforming. Attached hereto is a table summarizing the ownership history of 10 and 12 Bonny Lane. Very truly yours, JOHNSON �& BORENSTEIN, LLC Donald F. Borenstein EMS/dms Enclosures 1 There was a 523 square foot lot line adjustment between the Locus and 10 Bonny Lane on September 29, 1997,however,neither the lot area nor frontage of either lot was changed by that adjustment. F:1New-Docs\Constantino,Amy106-27312 Bonny lane,No.Andover,MA-Planning Boardlplanning board Itr 02-20-07.DOC Date 10 Bonny Lane 12 Bonny Lane E & F Builders, Inc. Warlick Dec., 1980 E & F Builders, Inca Shea Scott Properties, Inc. Shea May, 1982 Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Haff&Joanne Fournier Shea Sept., 1983 Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier April, 1987 Haff& Joanne Fournier Bonny Realty Trust Haff&Joanne Fournier Bonny Realty Trust Zoning Change Haff& Joanne Fournier Bonny Realty Trust Nov. 1987 Haff& Joanne Fournier Bonny Realty Trust Present 4orw r s�G of ovelwoa L� -- pe.r.N�s'o�a�cr.c-c �GFlN1T1v6 P—J—HAFDT CaV2T E7T TES .... ' Nocru GNPwe2,uMG55 Y�L.HU3ETT9 Ja.w We¢uuC .,.ael<wl.rau�. box L.lJa AucwrZ mT""•, "�'`� 1 Nns5nc1+v5Grr5 ?Gw+L I . F¢iwe4GGu�{nsi GSeacinree .��daoov ' Eus�uEe65M C¢u�lreGr� Alo.nHoeva �••"i-•:': m .r 10/12/2006 16:16 0000000000 JOHNSON & BORENSTEIN PAGE 02/02 ter' _......_..._r—•....�..�e,+�,".,.,�.�...�...f.�...._.��.._._.__..�.._«.. ,.......__. `• L►, Haffner pournie:r and Joann* D. Fournier, huahand end wife, j•.+., 1• by Che entirety as tenants Sonny Lane, North Andover, Easex County,Mouwhmettu of ;�� `''r.'•: lU0) dollars ,9@: leas than One Hundred l 1:•'s." :r�', to tom►darstloa of ; Reginald L. Marden, 'trustee of Sonny Realty Trust r i grant funder Declaration of T.rusC dated April 78, 19137 .and recorded f; herewith 23 Central ytrent, Ardover,.E:esex Count*&h qujjcWw crme„unlr ' the IAnn to MassachuaeCts, situated vu , 1, :•''M1'' r,,:,;;, Nnerh Ando�rnx, issex County, the southeasterly side of Bonny Lane, North Andover, Massachusets +' end shown as Lot 1'o t Sheot 2' of 3 on a PI-an entit7.ed "Dcfinitl.ve to i :. plan of Hardt Court Csrat.es,' Located In North Andover., Massachusetts" oarner and apQLicant.: John Warlick; �IrankG. GeLinas and Associates, �f M;r ' (Engineers and Architects, SCHIes 1 u 401ry!odateDeeds nttary 10, '197y ; and recorded with Essex North district Registry!of ndeds as efic r:�:.•�2?3 Said promises err. more particularly'hounded and uescribed hl #r as follower •:{:MJi t10R1'}IERLY: in two cnuraea of 't04.27 feet and 103.00 feat re5pectively by .Iand now or formerly of Warlick; SOUTHEASTERLY: 135.1.9 Feet by land now or f2rrnorly aL• Wurlielc; � 336.17 feet• by land now or. l:ormer3 y of Wariick SOUTHERLY: ' and Lot 2 ay shown on avid plen; 1 NORINW1.SitiR1,Y: in two c:ourtse4 by thu curved sideline: of nonny 108.03 C.0f: an 41.97 $eat cespectivoLy. � t�t contains 49,(154 aquaro feet, accprdtng Cn raid pl„n. r' :A, I ;()µpibWr WAR TOfANDREWNr.ASHE�AADA' ISDTDECEMBER1124,Z1980nFAMDIROM t 4. J� RECORDED IN BOOK 1k78. PAGE 273, AND BEING THE SAME PRCMl5ES CONVEYED it ;; TO THE GRANTOR HERetll BY SAID DEED Of ANDREW-F. SHEA, RECORDED IN =s ` THE ESSEXEDATED S1:PTEMBCR / , 1983 AND NORTH REGISTRY OF DES, D :h RECORDED AT BOOK 171PACE 418 1, ,.!!5t•l 1987 t ;:� v"r 18xewted o.■sealed(mtr■m■st this .99 � ,.,/ (•_'—+� ' ,::�. :.'• .�._____--------�..._ ---- T. Hal rier Fo,�i-nior `� i 1 JQaona D. Fournier - •._n�, .'d;,. it '_. �:: � 11Ehe �ar►rplotlineatth of �Aerret�aaeits � April F •) to 87 ry,,, •� •Eesrx - € E. Haffner Fourneir and Joanne D. y Tbm p„t■eagg atpmnd,Mt slave All Fournier ;:i�. GhNlr ad aakswledrd tM iorernayj I,ANAroM to Fe ° N�#v�• My mplas ttecorded Hay 1,1987 At 12.5PM• J713239 BK 10291 RG 5 ('THIS SPACE RESERVED FOR REGISTRY OF DEEDS) CONFIRMATORY QUITCLAIM DEED We,E.Haffner Fournier and Joanne Fournier,of 10 Bonny Lane,Andover,Essex County,Massachusetts for consideration paid and in full consideration of less than One Hundred ($100.00)dollars o z grant to H.David Fournier and Amy F. Constantino(formerly known as Amy F. , Kneeland)as Trustees of Bonny Realty Trust u/d/t dated April 28,1987 and recorded at "` Y v Book 2483,Page 238 &L� cs� p Of �'ry > N Ca Yi with QUITCLAIM COVENANTS cn That certain parcel of land shown as Parcel B on a plan of land entitled,"Plan of Land in c North Andover,Essex County(North)for E. Hefter Fournier,dated August 11, 1987, Scale: 1'-40' drawn by W.C.Cammett Engineering,Inc.and being recorded with the Essex North District Registry of Deeds as Plan No. 13109. ®, Parcel B contains 523 square feet of land,more or less,as shown on the Plan. Being a portion of the same premises described in deed to Grantors recorded at Book 0 a 1741,Page 347. The Grantors hereby release to the Grantee any and all rights of homestead in Parcel B. d Parcel B is not a separate lot and is intended to become part of a larger parcel belonging to Bonny Realty Trust and described in dead recorded at Book 2483,Page 243,less Parcel A,which was conveyed from Bonny Realty'frust to the Grantors herein by deed recorded at Book 4875,Page 152. 10291 PG 5 This deed is given in.confirmation of a prior deed in substantially the same form dated on or about September 29, 1997,the original of which was lost or mislaid,and never recorded. This dead represents the second part of a land swap untended to effectuate the lot line change shown on Plan 1.3109. Signed as a sealed instrument this 1day of LjA 2006. E. Fournier AN Fournier COMMONWEALTH OF MASSACHUSETTS On this day of 2006 before me,the undersigned notary public,personally appeared E. atf ner Fournier and Joanne Fournier,proved to me through satisfactory evidence of identification,which was[]photographic identification with signature issued y a federal or state,governmental agency,0 oath or affirmation of a credible witness, [personal knowledge of the undersigned,to be the persons whose names are signed on the preceding or attached document,and acknowledged to me that they signed it voluntarily for its stated purpose. Kabt& � Notary Public My Commission Expires: F- ,P-69 KATHMN A.LYNCH Notary public cownVam of 1taU bUNIN e o MY�b�" "ra Ya�::'R° � ' •� �4 r 8it8488 E. Haffner Fournier and Joanne. D. Fournier, husband and wife, se tenants by the entirety fOf Sonny Lane, North Andover, Essex Csuat7•Ma.odm,atn I M ossaideisdoa of less than One Hundred ($100} dollars peat to Reginald L. Marden Trustee of Bonny Realty Trust under Declaration of Trust elated April 28, .1987 and recorded herewith of 23 Central Street, Andover, Essex CountxhM quittiaitp eeuenrnts IM foal is North Andover, Essex County, Massachusetts, situated all the southeasterly aide of Bonny lane, North Andover, Massachusets and shown as Lot Von Sheet 2 of 3 on a plan entitled "Definitive Plan of Hardt Court Estates, located in North Andover, Massachusetts" owner and applicant: John Warlick; Frank C. Gelinas and Associates, Engineers and Architects; Scale: 1" . 40' date: January 10, 1979 i; and recorded with Essex North district Registry of'Deeds as Plan i, No. 8223. Said premisee •are more particularly bounded and described >� as follows: NORTHERLY: in two course@ of 204.27 feet and 103.00 feet ' respectively by ,land now or formerly of Warlick; SOUTHEASTERLY: 133.19 feet by land now or formerly of Warlick; SOUTHERLYI 336.17 feet by land now or formerly of Warlick ! ' and Lot 2 as shown on said plan; ; TNORTHWESTERLY: in two courses by the curved sideline of Bonny Lane 108.03 feet and 41.97 feet respectively. Lot 1 contains 43,654 square feet according to said plan. 1 SUB.tECT TO THE RESTRICTIONS AND RAt4RMRNTR DESCRIBED IN A DEED FROM i JOHN W. WARLICK TO ANDREW F. SHEA DATED DECEMBER 24, 1980 AND RECORDED IN BOOK 1478, PACE 273, AND BEING THE SAME PREMISES CONVEYED i TO THE GRANTOR HEREIN BY SAID DEED OF ANDREW.F. SHEA., RECORDED IN THE ESSEX NORTH REGISTRY OF DEEDS, DATED SEPTEMBER , 1983 AND i RECORDED AT BOOK f7ao , PAGE 414P k V 8aaeutel is a New ioraruman thio jf4lt � iy of April its? E. HaEfngr Fournier Joanne D. Fournier tis 601101114146ONt4 at X"Matbuselts i, Essex .. April a0 9• 1987 Ttw reeees*ayewas tee as"aatd E. Haffner Fourneir and Joanne D. Fournier ad aatarob"1M srgales Yeusse se j6L he their A@MrNo AwkwelAsAw xewy writ to W aaa�YeMia epY� /� i Recorded May 109187 at 12 0 M, 013239 ♦i r ,SSACNJSE~ . PLANNING DEPARTMENT i' (ommunity Development Division MEMORANDUM Agenda Item 41 r TO: Planning Board FROM: Lincoln Daley,Town Planner RE: Bonny Realty Trust/Amy Constantino,Trustee,12 Bonny Lane,Map 62,Lot 41. Watershed Special Permit to construct a single-family dwelling with attached garage, driveway,and associated utilities within the Non-Disturbance Zone of the Watershed Protection District. DATE: February 18,2007 Proposal: The applicant,Bonny Realty Trust;filed for a Watershed Special Permit under Section 4.136 of the Zoning Bylaw to construct a single-family residence,attached garage,driveway and associated utilities within the Non-Distrubat �1!ol_nnyLane arge Buffer Zones of the Watershed Protection District. The project site is locatedssessors Map 62,Parcel 41 in the R-1 Zoning District. The parcel consists of approxlma560 sf)with 108'of frontage on the Bonny Lane. The parcel was created in 1979(not held in common ownership)and is subject to the Watershed Protection District provision for lot created before October 24,1994. Background: Bonny Realty Trust was last before the Planning Board late 2006. The Applicant originally submitted two plans for the Planning Board to consider and determine the preferred site layout. The Preferred Site Layout requires less impervious surface and centrally locates the single-family home and garage. The proposed work shown in the Preferred Site Layout,however,would require additional relief from the Zoning Board of Appeals as the structure is located within 100'from the wetland resource area(approximately 51'). With regards to the Alternative Site Layout, the proposed work within would be located outside the Non- Disturbance buffer zone (No Variance Required), but would require increased impervious surface and locate the structure on the eastern part of the property.At that meeting,the Planning Board preferred the "Preferred Site Layout"plan and scheduled a site walk. Since the last Planning Board hearing,the applicant appeared before the Conservation Commission to determine the wetland delineation line and which wetland resource areas fall under State or Local jurisdiction. Below please find my review of the following plans submitted to this Department: Plan titled: Watershed District Special Permit Plan Preferred Site Layout Single Family Dwelling 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.towoofnorfhandover.conn 4.136(4)(c)(vi&vii).The applicant provided written documentation stating proposed activities will not create concentrations of nitrogen,phosphorous and other relevant chemicals on and off-site the property. 4.136(4)(g).The Bylaw requires that any runoff from impervious areas within the Non-Disturbance Zone to the extent possible,shall be recharged on site and diverted toward areas covered with vegetation for surface infiltration. SECTION 7 DIMENSIONAL REQUIREMENTS Section 7.1-Lot Area: This lot is within the R-1 district with a total area of approximately 43,655 square feet and 150 feet of frontage(typo on Plans). The parcel is a legally non-conforming lot (grandfathered lot)not held in common ownership and therefore does not meet the minimum lot area requirement of 87,120 square feet or as shown in Table 2 of the North Andover Zoning Bylaws. Section 7.3-Setbacks:Proposed structure meets the required yard setbacks of the Residential 1 District in each Site Layout Plan. Section 7.4—Building Heights:Less than 35 feet in each Site Layout Plan GENERAL COMMENTS ➢ The applicant will need to provide additional information to determine if the wetland is subject to flooding. Depending upon the final recommendation from the Planning Board and decision by the Applicant, the Applicant may be required to file with the ZBA to construct a permanent structure within the 100'Non-Disturbance Zone. VHB completed a review of the application and drainage November 16,2006.Please refer to the review included in your packets. RECOMMENDATION ➢ Continue the application to the March 20th meeting to allow the Applicant to apply to the ZBA to receive a variance in accordance with Section 4.136(3)(c)(ii)(3)to construct the new permanent structure within the Non-Disturbance Zone. 1600 Osgood Street,North Andover,Mossachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.lownofnarthandover.com JOHNSON&BORENSTEIN,LLC AMMM at Law 12 Chmsmut Street Andover,Masmehmeut 01810.3706 Te 111.((7Tas-)44s5em3 R�C��vED MARK a IONNSOM(NA,NN,DQ p1C 2 �06 R DONALD P.BORENSTEM(MA.ME NH) N,N 1 P M=H=IN MKAS KRMTINE M,SMPHVJMA) Pte' KATHUMN N.HARM ANNA R.VEROADOS(MA.NN) KAREN L RUSSELL DENMF A.BROONA(MA.CA) DONELL KIND E M1LY M.SAMANSKv(MA) LAURA BUCK(MA.FL) December 28,2006 VIA FACSIMILFJ(97$)688-9542 and FIRST CLASS MAU Mary Ippolito,Planning Assistants° Town of North Andover 1600 Osgood Street Bldg.20,Suite 2-36,Planning Department North Andover,MA 01845 Re: Bonny-Rcalty-Tnpt,Amy Constantino,Trustee �l2-B_opny_Lane.( p 62,Lot 41) �--�-"'Watershed Overlay Application Dear Mary: We hereby request a continuance from the January 2,2007 meeting until the January 23,2007 meeting relative to the above-captioned matter. Applicant agrees to waive the time constraints for the North Andover Planning Board to make a decision regarding the granting of the above-referenced special permit to the Board's January 23,2007 meeting, This extension and the other recent extension requests have been made to allow the Applicant time to prepare and file an ANRAD with the Town's Conservation Commission and to obtain an ORAD from the Commission, confirming the precise location of the relevant wetlands boundaries. The Applicant expects that its wetlands scientist will have bled the ANRAD Application with the Commission by the close of business today and that the rsi.msaeo.+»...�.wur:r.,i.nw.rw,n.rmwe rwr..mwnm raamx Mary Ippolito,Planning Assistant Town of Notch Andover Deember 28,2006 Page 2 Commission:will consider that Application at its meeting scheduled for January 10,2007. In advance of the next Planning Board hearing on the above-referenced watershed o*erlay application,the applicant,Ms.Constantino,expects to have filed a statement regarding the status of the ANRAD filing,as well as,a summary of the ownership history of the subject property and related documents supporting her position that the property qualifies as a legal,nonconforming,"grandfathered" lot. i believe these materials,along with a revised site plan filed by Ms. Constantino's engineer,will satisfy all of the Board's requests for additional materials made to date. Very truly yours, JOHNSS66NN&BORENSTEIN,LLC— Donald F.Borenstein DFB/dms , cc: Bonny Realty Trust Woody CammeM P.E.,Cammett Engineering Greg Hochmuth,NeveMorin Group Fla�ny10877]17 Edinr ts,np.MOOYEr. m OaadbYminO laA 4144606AOC l° 'a . Transportation Lj Land Development P/ v Environmental e s RECEIVED �� NOV 17 2006 oagmatson innovation)energycrcating—uh. nN'OR'1'WAND UVEk PLANNING DEPARTMENT November 16,2006 Van6i.Sse 11anj,en Brustlin,Inc. Ref: 09280.24 Lincoln Daley ."d`✓ Town Planner ' Town of North Andover 1600 Osgood Street Building 20,Suite 2-64 North Andover, MA 01845 Re: 12 Bonny Lane ershe ecial Permit Review Dear Lincoln, This letter is in response to a letter received from Cammett Engineering dated November 10,2006,regarding VHB's review for the 12 Bonny Lane Watershed Special Permit.The Applicant is correct,it appears that VHB inadvertently referred to the"Alternative Site Layout"drainage analysis when reviewing the catchment areas and proposed swale. Attached is a revised list of comments,with numbers 8 and 10 omitted. Please note that all other comments remain applicable. We hope that this oversight has not been an inconvenience. If you need any additional information,please contact me. Very truly yours, VANASSE HANGED'//N BB'�RUST(LLIN,,{IINC. Timothy cInstosh,P.E. % l �. Project Manager-Highway&Municipal Engineering 101 Walnut Street Post Office Box 9151 Watertown,Massachusetts 02471-9151 617.924.1770.FAX 617.924.2286 \\\09]80.29\am\lettere\Dnlry1116}D06.Ea email:info@vhb.com www.vhb.com TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF WATERSHED SPECIAL PERMIT PLAN FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Single Family Dwelling,Bonny Lane VHB No.: 09280.24 Site Plan Location: 12 Bonny Lane,North Andover,MA Applicant: Bonny Reality trust,Amy F.Constantino,Trustee 70 Pine Ridge Rd,North Andover,MA Applicant's Engineer: Cammett Engineering,297 Elm Street,Amesbury,MA Plan Date: Sept.15,2006 Revised Review Date:Nov.16,2006 The plan was reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw(last amended May 2004).The Applicant has submitted the following information for VHB's review. • Application for Watershed Special Permit,not dated, • Watershed District Special Permit Plan-Preferred Site Layout(I sheet),dated September 15, 2006, • Watershed District Special Permit Plan—Alternative Site Layout(I sheet),dated September 15,2006(not reviewed), • Stormwater Analysis Report dated September 14,2006(drainage analysis for Alternative Site Plan not reviewed), The following comments note non-conformance with specific sections of the Zoning Bylaw or questions/comments on the proposed design and VHB's recommendations/suggestions. Town of North Andover Zonine Bylaw I. (4.136.3.c.iii.3)This Section states that construction of any new permanent structure,i.e.a dwelling„is prohibited within the Non-Disturbance Buffer Zone.In the event that a special permit and variance have been granted,construction of a new permanent structure is allowed under section 4.136.3.c.ii.3 as referenced above.The Applicant has proposed a dwelling which is located primarily within the 100 foot Non-Disturbance Buffer Zone. Hasa variance been granted by the Zoning Board of Appeals for its construction? 2. (4.I36.4.c.iii)The Applicant should provide written certification by a Registered Professional Engineer,or other scientist educated in and possessing extensive experience in the science of hydrology and hydmgeology,stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick as required by this section. 3. (4.136.4.c.iv)This section requires any application for Special Permit include proof that there is no reasonable alternative location outside the Non-Disturbance Buffer Zone for any discharge structure,or activity,associated with the proposed use to occur.The Applicant has proposed the construction of a dwelling and driveway located primarily within the 100 foot Non-Disturbance Buffer Zone.It appears that these structures could be located on the east side of the site entirely outside of the Non-Disturbance Buffer Zone while still meeting all required setbacks. It is VHB's understanding that the Applicant has explored this alternative layout with the Planning Board and the preferred layout reviewed by VHB is the layout favored by the Town. r.�wxso.xa�dom�m�o.�ovuaza rxeonrywM i:r.e.aew.rc d« General Comments 4. The Applicant should remove the 75 foot Conservation Zone labels from the Pre and Post Developed Drainage Zone Plans. 5. The approximate location of the proposed sewer line connection should be shown on the Plans. In addition,it is not clear whether the existing Bonny Lane sewer system extends across the property frontage.The Applicant should clarify. 6. The Applicant references proposed utilities in the drainage report,specifically:water,electric, telephone and cable,but has not shown any of these utilities on the Plans. VHB recommends that all proposed utilities be shown on the Plans. Drainase Comments 7. The Applicant states in the Stormwater Analysis Report site description that"the site consists of two subcatchment areas"for the pre-development drainage conditions,but the drainage analysis has been performed using only one subcatchment area for the pre-development conditions.The Applicant should review and correct any inconsistencies. 8. The Applicant should provide a detail for the proposed water quality swale.As modeled,it appears that the Applicant has proposed a 1.5-foot wide swale with 3:1 side slopes,however this is not clear from the proposed contours shown on the plan. 9. The Applicant should clarify how the infiltration rate used in the Hydrocad model was determined. If soil tests have been performed,results should be provided. 10. Typically,a 2-foot separation between the bottom of an infiltration trench and seasonal high groundwater is required to take credit for infiltration. Has the Applicant verified that this 2-foot separation exists? It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments contained herein. �(� Reviewed by: +�'n Date: /1 6/ObCourtney ulerud Civil Engineer—Highway and Municipal Checked by: t Date: _ Timothy WMcIntosh,P.E. Project Manager—Highway and Municipal 2 T:\w ,24\dm\�..\o .24.12 o MU l� -..dm CAMMETT Consulting Engineers = Land Surveyors Landscape Architects E E A Municipal Planners November 10,2006 North Andover Planning Board RECEIVED Town Hall 120 Main Street t-,;!1' 17 2006 North Andover,-Ma:-01845 NOIR"''NDOVER PLANNING DEPARTMENT RE: Bonny Lane —$ena3-Reai rust Special Permit Application Dear Board Members, W.C.Cammett Engineering,Inc.is in receipt of the peer review conducted by Vanasse,Hangen, Brustlin Inc.,(VHB)dated November 7,2006. The purpose of this letter is to request the Planning Board's consultant review the Stormwater Analysis Report for the"Preferred Site Layout"post-development condition rather than the"Alternative Site Layout"calculations. Specifically,it appears the peer review conducted by VHB utilized the"Alternative Site Layout" calculations for their review of the"Preferred Site Layout"plan. Under"Drainage Comments" numbers 8 and 10 the comments reflect information provided in the"Alternative Site Layout", not in the"Preferred Site Layout". Calculations were provided for both scenario's. However,it is our understanding that only the"Preferred Site Layout"was being reviewed. Upon receipt of any comments relative to a review of the proper stormwater calculations,the applicant will provide a complete response to all other comments/questions in the VHB peer review for this project. If there are any questions regarding this information,please contact our office. Sincerely, W.C.Cammett Engineerin Fred V.Ford,P.E. cc: Bonny Realty Trust Donald F.Borenstein,Esq. Vanasse,Hangen,Brustlin,Inc. Title:M\Winword\2006\06013\letter\060131emorthandoverpb 111006 W.C.Cammett Engineering 297 Elm Street•P.O.Box 329•Amesbury,MA 01913•Tel:(978)388-2157•FAX:(978)388-0428•www.cammett.com JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier. (978)475-6703 MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN L. BUSSELL DENISE A. BROGNA(MA,CA) DONELL KING LAURA BUCK,J.D. September 22, 2006 Town of North Andover Planning Board Attn: Mary Ippolito Y321b0dMX2bM1 1600 Osgood Street North Andover, MA 01845 Re: Petitioner: Amy F. Constantino, Trustee of Bonny Realty Trust Property: Parcel B, Plan 10109 at Rear, Assessors Map 62, Lot 41 Watershed Special Permit Application Dear Ms. Ippolito: Please accept this letter as correcting a typographical error in the above- referenced Application for Watershed Special Permit. At Paragraphs 8 and 9 of the Application, the street frontage is indicated at being "108.03", however, the actually street frontage is "150" for both Paragraph 8 and Paragraph 9. I apologize for this oversight and thank you for correcting same on your records. Very truly yours, JOHNSON & BORE IN, LLC G= Donald F. Borenstein DFB/dms cc: Bonny Realty Trust JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street o:-^FIVEI Andover,Massachusetts 01818 (978)475-4488 2006 SEP 15 PM 2: 13 TOcopie (978)475-6703 MARK B.JOHNSON(MA,NH,DC) DONALD F.BORENSTEIN(MA,ME,NH) KATHRYN M.MORIN MICHELE C.JONIKAS KRISTINE M.SHEEHY(MA) _ KATHLEEN H.HARBER ANNA R. VERGADOS(MA,NH) KAREN L.BUSSELL DENISE A. BROGNA(MA,CA) DONELL KING LAURA BUCK,J.D. September 15,2006 HAND DELIVERY Town of North Andover Planning Board Attn: Mary Ippolito 27 Charles Street North Andover,MA 01845 Re: Petitioner: Amy F.Constantino,Trustee of Bonny Realty Trust Property: Parcel B,Plan 10109 at Rear,Assessors Map 62,Lot 41 Watershed Special Permit Application Dear Ms.Ippolito: Enclosed you will find the following documents for filing in connection with the above-referenced matter: 1. 3 copies of the Watershed Special Permit Application; 2. 10 copies of the Stormwater Analysis Report; 3. 10 copies of the Watershed District Special Permit Plain—Alternative Site Layout dated 9/15/06; 4. 10 copies of Watershed District Special Permit Plan—Preferred Site Layout dated 9/15/06; 5. Certified Abutters List from the Assessors Office; 6. 2 complete sets of stamped self addressed envelopes to the abutters; 7. 22$.39 stamps; 8. Filing Fee check in the amount of$100;and 9. Consultant's Fee Deposit check in the amount of$2,000. Town of North Andover Planning Board Attn: Mary Ippolito September 15,2006 Page 2 Please place this on the Agenda for the Planning Board's Meeting of October 17,2006. Please contact my paralegal,Kathy Harber,or me with any questions or comments. Thank you for your assistance in this regard. Very truly yours, JOHNSON&BBOOR—ENSTE LC tg Donald F.Borenstein DFB/dms Enclosures cc: Bonny Realty Trust Cammett Engineering Rln--docslhaffna605-360 sale of 10 bonny lane,andover-p&slplannirg board Itr09-15-05.000 RECEIVED 70i'dV�LERtt s OFFICE Town of North Andover Planning Board 2006 SEP 15 P' 8 Application for Watershed Special Permit Please ;yORTii'kti.. hPeor Print clearly. MASSAC! 1. Petitioner:Bonny Realty Trust, Amy F. Constantino Trustee Petitioner's Address:70 Pine Ridge Road, North Andover MA 01845 Telephone number: (978) 683-7105 2. Owners of the Land: Bonny Realty Trust, Amy F. Constantino Trustee Address: 70 Pine Ridge Road, North Andover,.MA 01845 Number of years of ownership: 19 3. Year lot was created: 1979 4. Is the lot currently on septic or sewer? Sewer available at street if on sewer,please provide date the sewer connection was completed:_..N/A S. Description of Proposed Project: Single—Family home and associated imnrnvemenrc. 6. Description of Premises:_One acre grandfatheredbuilding lot in neighborhood of existing homes similar to the proposed project. i 7. Address of Property Being Affected 12 Bonny Lane Zoning District: Residence 1 Assessors: Map: 62 - Lot# 41 Registry of Deeds: Book#: 9483 Page#: 243 8. Existing Lot: Lot Area(Sq.Ft) 43.655 BuildingHeight N/A Street Frontage: 1.08.03 Side Setbacks: ?N/A Front Setback: N/A Rear Setback: NIA Floor Area Ratio: N/A Lot Coverage: N/A Q co w W o 'off 9. Proposed Lot(if applicable): > C�J Zo n. Lot Area(Sq.Ft) 43,655 Building Height 35— feet a O Street Frontage: ins ni _ Side Setbacks: 30+ fear V 'Q �Z Front Setback: 30+ fear Rear Setback: 30+ feet W w 0 Floor Area Ratio: N/A Lot Coverage: N/A aI N Z a Current 10. /Required Lot(as required by Zoning Bylaw): ''grandfathered lot" Lot Area(Sq.Ft) A7 120 g.f, Building Height35_feet__ Street Frontage: 1 7 fe t Side Setbacks: z()_feet Front Setback: 4p feet Rear Setback:_30 feet Floor Area Ratio: N/A Lot Coverage: N/A 11. Existing Building(if applicable): N/A Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1975 s.f. #of Floors: 2 Total Sq.Ft. `3950 s.f. Height:: Less than 35 feet Use:S'gl F t1y. u sjj rt 1 Type of Construction wood— ram 13. Has there been a previous application for a Special Permit from We Planning Board on these premises?None Known If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested !. 1 76 ii 15, Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy ofthis application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. y Petitioner's Signature:77:!�/ �` Print or type name here: Bonny Realty Trust Amy F Constantino Trustee, by her attorney Owner's Signature: Print or type name here: same f 16. Please list title of plans and documents you will be attaching to this application. 1. Stormwater Analysis Report dated 9/14/06 2. Watershed District Special Permit Plan — Alternative Site Layout dated 9/15/06 3. Watershed District Special Permit Plan Preferred Site Layout dated 9/15/06 'ARCEL_ID:210/062.0-0041-0000.0 MAP 062.0 BLOCK 0041 LOT 0000.0 PARCEL ADDRESS:0 L-1 BONNY LANE as of:9n3n0o6 PARCEL INFORMATION Use-Code: 130 Sale Price: 1 Book: 02483 Tax Class: T Sale Date: 5/1/1987 Page: 0243 Tot Fin Area: 0 Sale Type: L Cert/Doc: Dwner#1: BONNY REALTY TRUST Tot Land Area: 1 Sale Valid: B Grantor: FOURNIER E.HAFFNER Dwner#2: 4ddress#1: 10 BONNY LANE Inspect Date: 1/26/2006 Road Type: T Exempt-B/L%: 0/0 4ddress#2: Meas Date: Rd Condition: P Resid-B/L%: 100/100 NORTH ANDOVER MA 01845 Entrance: Traffic: M Comm-B/L%: 0/0 Collect ID: SGC Water: Indust-B/L%: 0/0 Inspect Reas: Sewer: Open Sp-B/L%: 0/0 RESIDENCE INFORMATION LAND INFORMATION Style: Tot Rooms: Main Fn Area: Attic: NBHD CODE: 9 NBHD CLASS: 9 ZONE: RI Story Height: Bedrooms: Up Fn Area: Bsmt Area: Seg Type Code Method Sq-Ft Acres InOu-1/2/3 Value Class Roof: Full Baths: Add Fn Area: Fn Bsmt Area: 1 P 130 S 43650 1 90/ 211714 Ext Wall: Half Baths: Unfn Area: Bsmt Grade: Masonry Trim: Ext Bath Fix: Tot Fin Area: 0 Foundation: Bath Qual: RCNLD: Kitch Qual: Eff Yr Built: Mkt Adj: Heat Type: Ext Kitch: Year Built: Sound Value: Fuel Type: Grade: Cost Bldg: Fireplace: Bsmt Gar Cap: Condition: Ali StrVail: DETACHED STRUCTURE INFORMATION Central AC: Bsmt Gar SF: Pct Complete: Alt SU Va12: Str Unit Msr-1 Msr-2 E-YR-Blt Grade Cond %Good P/F/E/R Cost Class Aft Gar SF: %Good P/F/E/R: N Porch Type Porch Area Porch Grade Factor VALUATION INFORMATION SKETCH Current Total: 211700 Bldg: 0 Land: 211700 MktLnd: 211700 Prior Tot: 211700 Bldg: 0 land: 211700 MklLnd: 211700 PHOTO SEE PLAT NO.90C 73 n.< // 2 ss6 23 ' 59 P� 26�'�':, ,.330 ec 4. 40'x,, a . 60 24 3.660c 7 /e 27 33360 6 20 99 � 79 0 1.3]6 c M Ok 80 1.81 H 2 82 L7 28 g +.ozn,� 41,'Z� a3srfin r.o,� a C x 98W I.o 74 _x141 0396ar ,.:<,< _ 92 J )083 u 75 6 76 8 30 97 93 Low 84 6:66 ,.uic +ts3an y" 91 !oK 15 31 „c .85 ,oz.s / s 66.zofiv 96 - 90 77 31 0 94 6.' O ° 86 .). 36]6 r 4,133 zs8« 89 SS 873Mu< �/ 9595ar 32 41 95 10 6.c 48 42 .)9K 49 50 r „A 47 3/ 35 43 -/ 13'66 58 36 44 45 46 ea < . 51 / / 5.37,1 5 38 57 66.,.: )�IEA'S ��, - .< 56 55 54 53 \\ 65.),x,r 6).380,r 65.Ztz,l " PON 22 4 Lake Cochichewick 12)+ 62 s FISCAL 2006 MAPS DRAWN BY FRANK S.GILES,P.L.S. 18 M ASUREMENTS ARE SCALED ONLY NOT FOR SURVEY PURPOSE. E PLAT NO.35 O 0 rk i".kf-'LE,IV E0 Tr� 2 'R 14 1H 10: 59 4C 007 NA PLANNING DEPARTMENT Community Development Division K f 1600 Osgood Street North Andover,Massachusetts,01845 Phone:978-688-9535 Fox:978-688-9542 NOTICE OF DECISION Any appeal shall be fired within(20)days after-the date of filing this notice in the office of the Town Clerk. Dote: March 12,2007 Date of Hearing: October 17,2006,January 20,2007 Date of Decision: March 6,2007 Petition of. Bonny Realty Trust-Amy Constantino,Trustee 70rPinwRidge Read North Andover,MA 01845 Premises Affected: 12 Bonny Lane,North Andover,MA 01845,Map 62,Parcel 41,within the R-1 zoning district. R&mW to the above petition for a Watershed Special Permit from the requirements of the North 0 Andover Zoning Bylaw,Section 4.136.3(cii),(1),(2),(5)&(6). SQ as to allow: to construct a proposed 3,950 s.f single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping 60 feet from a delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by Richard Rowen and 2nd by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions.Vote was in favor of the application. Voting members: R. Rowen, A. Angles, J. Kusek, R. NardeU 4-0. J. Simons and T. Seibert did not vote the motion. On behalf of 5the North An�Aver P�Iannmn�gBoard Richard NardeU Chairman Alberto Angles,acting Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer Abutters 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence The public hearing on the above referenced application was opened on October 17, 2006 and closed by the North Andover Planning Board on March 6, 2007. On March 6, 2007, upon a motion made by Richard Rowen and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to construct a 3,950 s.f. single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping approximately 60 feet from a delineated wetland resource area with the Non-Disturbance buffer zone of the Watershed Protection District. The proposed single-family residence is located at 12 Bonny Lane, North Andover, Massachusetts, 01845, Assessors Map 62, Parcel 41 and is located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw.This Special Permit was requested by Bonny Realty Trust-Amy Constantino,Trustee, 70 Pine Ridge Road,North Andover, MA 01845. The applicant submitted a complete application, which was noticed on October 17, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1979 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. This lot was transferred into separate ownership in 1987. The Planning Board voted on the motion in favor of the Special Permit. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed single-family residence will be connected to the Town sewer and water systems from Bonny Lane; b) The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further,construction of the proposed stormwater management measures(Rooftop infiltration trench) and erosion control measures will use Best Management and Engineering Practices and not substantially alter the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence and driveway as shown on the plan;and d) The construction of the single-family residence and stormwater management plan has been reviewed by the Town's outside consultant and Town Planner and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence 2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to allow the construction of the single-family residence (permanent structure) 60 feet from an isolated wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior To Any Work On Site: a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered'to the Planning Department. 3 12 Bonny Lane Map 62, Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325 feet of Lake Cochichewick or within 325 feet of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10) This special permit was issued on March 6, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on March 6, 2009 unless substantial use or construction has commenced. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed District Special Permit Plan Preferred Site Layout Single Family Dwelling Bonny Lane North Andover, MA 01845 Prepared for: Bonny Realty Trust Amy F. Constantino 70 Pine Ridge Road North Andover,MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury, MA Scale: I"=20 feet 4 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence Date: July 10,2006, Revised 1/9/07 Sheets: 1 Report titled: Stormwater Analysis Project#06013 Bonny Lane North Andover, MA 01845 Prepared for: Bonny Realty Trust Amy Constantino 70 Pine Ridge Road North Andover, MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury, MA Date: September 14,2006 5 NORT1i '9 Q oleo ,6' �O O t� * t y b yy� T �° L^K 4 T COCMKMWKM 1' IED SSACHUS� `t c CONSERVATION DEPARTMENT NopR r �� Community Development Division p4gNMN�D6 , ivvoao MEMORANDUM FPgRTM� DATE: April 17, 2007 TO: Eugene Willis, Town Engineer Lincoln Daley, Town Planner FROM: Alison McKay, Conservation Administrat4 SUBJECT: 12 Bonny Lane,Map 62 Parcel 41 At the April 11, 2007 Conservation Commission meeting, the Conservation Commission requested confirmation of the location of the utility easement on the parcel referenced above and whether drainage was properly completed within the Bonny Lane Subdivision (Hardt Court Estates). Utility Easement Plans submitted by Cammett Engineering dated 3/20/07 do not reference a utility easement on the property and the boundaries of such easement. However, the plans do indicate an overhead utility service,which traverses across the property behind the proposed single-family dwelling and associated work. A plan found in the Conservation file (242-057) entitled"Definitive Plan of Hardt Court Estates", dated January 10, 1979 depicts a large utility easement area located within the entire rear of the lot. This plan is also referenced in a recorded deed (attached). The Conservation Commission requests confirmation of the boundaries of said utility easement on the referenced lot. Drainage The Conservation file indicates several drainage deficiencies during and after construction of the original subdivision. While these drainage problems may have been resolved, no reference or evidence of final drainage approvals were found in the file. The project was denied by the Conservation Commission and a Superseding Order of Conditions was issued by DEQE (DEP). Partial Certificate of Compliances were issued for some of the lots, however a final Certificate of Compliance was not issued by the 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com DEP or the Conservation Commission, respectively. Therefore, the Conservation Commission requests your opinion as to whether drainage was completed and functions properly for this subdivision. I have provided some pertinent information with this memorandum to further assist you with these matters. The Conservation Commission meets to discuss this matter further at their meeting of April 25, 2007. Therefore, your comments would be appreciated by no later than Tuesday April 24th. Please feel free to contact me should you have further questions or need further information in this regard. Thank You. Enclosure 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com To �s Cit ..1 i~ T,4° i 29JUNI { TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF.APPEALS NAME: Bonny Realty Trust, Amy F. Constantino, Trustee A00RESS OF APPEAL: 12 Bonny Lane, North Andover, MA Town C;erk Tlme Stamp I Procedure & Requirements I for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in Interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee, supersede them. The petitioner will complete items gip T:DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 3: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLJCATIO N FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts 'STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk, a certified Pst of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 8: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information'to the Town Cleric's the Essex County, North Registry of Deeds,^481 Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building '.he Zoning Hoard of Appeals secretary, Department. ............................ .......... ....... .MPORTANT PHONE NUMBERS: )78-X88-!9633 tOffice of Community Dev. & •:er ices `worth Andov,Ar Tawn ;-!all 1500 Osgood Street, 1.20 Main Street "forth Andover, MA 01845 978-588-9501 Town(clerk's Office 37e-�'35-95.32 ax for Cornmunity DevNlopjrent i_i�i es 978-688-9586 .�-Isessor's Office 3 - 88q152 I ding Department 3J3 %ti ° ing Board of?ppeals',f;i�e SAE -1 +�fJUN ? 4 M/ BOARD OF APPEAL-1; , c PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for , VARIANCE Please complete aW items 1 -10 below: 1. Petitioner: *Flame, *Address and telephone number: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Road, North Andover, MA 01845 (978) 683-7105 "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Flame, Address, telephone number, and number of years under this ownership: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Road, North Andover, MA 01845 (978) 683-7105 Years Owned Land: 19 3. Location of Property: a. Street: 12 Bonny Lane Zoning DiStdCt: Residence 1 b. Assessors: Map number: 62 Lot Plumber: 41 c. Registry of Deeds: Book Plumber: 2483 Page Plumber: 243 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 4. 136.3.c.ii.3 (Permanent Structure within Watershed Protection District Non-Disturbance Buffer Zone). 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: The Applicant requests a variance under Bylaw Section 4. 136.3.c.ii.3 to allow the construction of a permanent structure within the Watershed Protection District Non-Disturbance Buffer Zone located 64, feet from the edge of a wetlands resource area. i The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page d,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision wIN be limited to the request by the applicant and will not Involve additional Items not included above. 6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and 6 are in case of a lot split) lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A* % $, % * The Applicant requests a variance under Bylaw Section 4. 136.3.c.ii.3 to allow the construction of a permanent structure within the Watershed Protection District Non-Disturbance Buffer Zone located 64 feet from the edge of a wetlands resource area, where 100 feet is otherwise required. I 4: 1. NORTH ANDOVER ZONING BOARD OF APPEALS application foto aVARIANCE is 0— Existing Lot. Lot p,rea Open Space Percent Lot Frontage Parking Minimum Lot SetbacEc Sq, Ft. Sct. Ft. Coverage Feet Spaces . Front Side P, Side 0 fear 43,655 N/A At/A 150 R/A 30 30 30 30 6 C. Proposed Lot(s). Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43,655 N/A _ NIA. 150 N/A 30 30 30 30 6 De Required Lot: (As required by Zoning Bylaw&Table 2)* Prem'ses field in isolated ownership since a Lot Area Open Space Percent Lot Frontage Parking4/2987, current requirements not applicable. Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side S Rear 87,120 N/A N/A 175 N/A 30 30 30 30 Applicable requirements in effect until. 11/27/87 are 150' frontage and 1 acre lot area, A. Existing Btsiidinag(s): Ground Floor {Number of Height Total Use of Number Square feet Floors Sq. feet Building" of(Jnits°" N/A "Reference Uses from the Zoning Bylaw&Table i. "State number of units in buitding(s), T~�� 18. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square leap Floors Sq, feet Building" of l.)nits"° 1775 2<5 A 35 3550 single family residential 1 'Reference Uses from the Zoning Bylaw& Table 1. ""State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Hoard of Appeals. Every application shalt be filed with the Town Clerk's Office. it shalt be the responsibility of the petitioner to furnish all supporting documentation with this application, The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: I Tvp@ oi7i)VG fiBt`rlt'(5) I'1P1'@: DOvlA �cl � ^�,?�s•,g"�'___._'�-��s, -- -��� N°RrN Zoning Bylaw Review Form °' •.'"o Town Of North Andover Building Department e 1600 Osgood Street, Building 20,Suite 2.36 go ^'n« North Andover, MA.01845 Phone 978-688-9545 Fax 978-688.9542 Street: 12 Bonny Lane Ma Rot: 62141 Applicant; Amy Constantino,Trustee Bonny Realty Trust Request: construct a single family dwelling Date: 6-29-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-1 &Watershed Protection District Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 insufficient Information 4 Insufficient information B use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height'Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side insufficient 3 Preexisting Height 4 RI ht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient information 2 In Watershed X j Sign NA 3 Lot prior to 10/24/94 X 1 Sign not allowed 4 Zone to be Determined 2 Sin Complies 5 insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits PlannIPA Board Item# Variance Site Plan Review Special Pemnit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Spacial Permit A-1 & Lot Area F-1 Street Frontage Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit I Sign Variance Continuing Care Retirement Special Permit D-2 4.136.3.e.11.3 Variance Independent Elderly Housing Special Permit Special Permits Zoning Board Large Estate Condo Special Permit Special Permit Non-Conforming Use ZBA Planned Development District Special Earth Removal Spada!Permit ZBA Permit Planned Residential Special Permit Special Permit Use not Listed but Similar R-6 Density Special Permit Special Permit for 2 Unit Watershed Special Permit X Supply Additional Information=no building plans The above review and attached explanation of such Is based on the plans and information submitted. No definitive review and or advice shalt be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled'Plan Review Narative shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department official Signature Application Received Ap kation Denied Dental Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative Is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side; 13-4&D-2 12 Bonny Lane has received the required Watershed Special Permit,dated March 12,2007,from the Planning Board per Section 4.136 of the Zoning Bylaw. 12 Bonny Lane has received an Order of Conditions,NACC#29,from the Conservation Commission. D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in order to construct a new permanent structure in the Non-Disturbance Buffer Zone. A-1 &F-1 Variance from Section 7,Paragraphs 7.1 (Lot Area)and 7.2(Street Frontage) may be required from the Zoning Board of Appeals in order to construct a single family dwelling on Map 62,Parcel 41, 12 Bonny Lane(L71)... Please note: if Variance is granted,then the single family dwelling's footprint must be identical to the building footprint as shown on the Plan of Land cited in the decision. Referred To: Fire Health Police X Zonin Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 TO: Town of North Andover Zoning Board of Appeals FROM: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Rd. N. Andover, MA 01845 DATE: 6/13/07 SUBJECT: Variance Section 9–Variance Application, points A-F A. The Applicant proposes to construct one, single-family residence. B. The Town's Watershed Protection District Bylaw only allows construction of a new permanent structure within the Non-Disturbance Buffer Zone upon the grant of a variance by the Zoning Board of Appeals. See attached Zoning Bylaw § 4.136.3.c.ii.(3). The circumstances of the Premises, including the soil conditions, lot shape,topography, and wetlands position and the resulting locations of the Non-disturbance Buffer Zone, are unique to this lot. C. Due to the unique circumstances described above, the proposed house location— within the Non-Disturbance Buffer Zone—is the most advantageous location for the home on Premises, as it minimizes impervious area, reduces and minimizes any potential negative impacts to the Lake Cochichewick watershed, and reduces unnecessary paving and site development expenses. Furthermore,this proposed house location is consistent within the existing neighborhood. For these reasons, it would be a substantial hardship to require the literal enforcement of the Non- Disturbance Buffer Zone. D. Both the Planning Board and the Conservation Commission have indicated a preference for the proposed house location being within the Non-Disturbance Buffer Zone, and have, respectively, issued a Watershed Special Permit and Wetlands Order of Conditions approving the proposed location and the improvement of the Premises with a single-family home. Please see attached. E. The Premises complies with all other applicable requirements of the Zoning Bylaw. A house location outside of the Non-Disturbance Buffer Zone would increase impervious area, whereas the proposed location of the house is consistent with the intent and purpose of the Watershed District Bylaw, which is to minimize and eliminate negative impacts on the Lake Cochichewick watershed. The Applicant's water quality analysis, submitted and reviewed by the Planning Board and Conservation Commission and their respective experts confirms the proposed house location is the most advantageous and consistent with the purpose and intent of the Watershed Protection Bylaw. F. NA JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 www.ibll.claw.com MARK B. JOHNSON (MA,NH;DC) T'araleoa(s DONALD F. BORENSTEIN (MA,ME,NH) KA'T'HRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEENY(MA) KAREN L. BUSSF,LL ANNA R. VERGADOS(.MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) June 26, 2007 Zoning Board of Appeals c/o Michell Glennon, Secretary Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Applicant: Amy Constantino, Trustee of Bonny Realty Trust Property: 12 Bonny Lane,North Andover, MA (Assessors Map 62, Lot 41) Application: Variance from Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw Dear Mich: As you requested, enclosed please find a copy of the Deed for this property, 1.2 Bonny Lane, conveying the parcel to the current owner and applicant, Bonny Realty Trust. That deed is dated April 29, 1987, and was recorded on May 1, 1987. 1 have also enclosed a copy of the Hardt Court Estates Subdivision plan by which the 12 Bonny Lane property was first laid out. As noted in the deed, the parcel conveyed by the deed was Lot 1 of the Hardt Court Estates Subdivision. Would you please see that these documents are included in the Zoning Board's file on this matter? Although the notice recently issued by the Board for the hearing on this matter states that the relief requested includes variances for lot frontages and lot area, I believe the enclosed documents demonstrate that applicable lot area and lot frontage requirements are those that were in effect on April 29, 1987, malting the property a legal, "grandfathered" lot. Should there be JUN 2 7 Nut L"I% F:New-DocsVconstantno,a"06-273.212 bonny lane,no.andover,ma-zba%zba W 06.28-07.DCC BOARD OF APPEALS F Zoning Board of Appeals c/o Michell Glennon, Secretary Town of North Andover June 26, 2007 Page 2 any questions on that issue in advance of the Board's hearing on this matter, I would be happy to discuss them. FYI, this issue was also addressed during the proceedings before the Planning Board concerning the Watershed Special Pen-nit issued for the property. Thank you for your attention in this regard. Very truly yours, JOHNSON &BORENSTEIN, LLC onald F. orenstein DFB/dins Enclosures cc: Amy Constantino, Trustee of Bonny Realty Trust Woody Cammett, PE F:1New-Docslconstantino,amyT6-273.212 bonny lane.no.andover,ma-zbalzba Itr06-26-07.DOC TT E. Haffner Fournier and Joanne. D. Fournier, husband and wife, as tenants by the entirety lot Bonny Lane, North Andover, Essex County Mau dmMu ht�nudenQon Less than One Hundred ($100) dollars aced to Reginald L. Marden Trustee of Bonny Realty Trust under Declaration of Trust �aCed April 28; .1987 and recorded herewith of 23 Central Street. Andover, Essex CountT.ab quo dawe coumnfs tAa "din North Andover, Essex County, Massachusetts,. situated oil the southeasterly aide of Bonny Lane, North Andover, Hassachusets �� f and shown as Lot Von Sheet 2 of 3 on A plan entitled "Definitive � Plan of Hardt Court .Estates, located in North Andover, Massachusetts"; owner and applicant: John Warlick; Frank C. Gelinas and Associates, En sneers and Architects; Scale: 1" - 40' date; January 10, 1479 i j a recorded with Essex North district Registry of'Deeds as Plan No. 8223. Said premisee •are more particularly bounded and described as follows: NORTHERLY: in two courses of 204.27 feet and 103.00 feet ' respectively by ,land now or formerly of Warliek; SOUTHEASTERLY: 135.14 feet by land now or formerly of Warlick; SOUTHERLY: 336.17 feet by land now'or formerly of Warlick and Lot 2 as shown on said plan; NORTHWESTERLY: Ln two courses by the curved sideline of Bonny { Lane 108.03 feet and 41.91 feet respectively. 01 Lot 1 contains 43,654 square feet according to said plan. SUVECT TO THE RESTRICTIONS AND RA,,;rwNTS DESCRIBED IN A DEED FROM JOHN W. WARLICK TO ANDREW F. SHEA DATED DECEMBER 24, 1980 AND RECORDED IN BOOK 1478, PAGE 273, AND BEING THE SAME PREMISES CONVEYED TO THE GRANTOR-HEREIN BY SAID DEED OF ANDREW.F. SHEA, RECORDED IN THE ESSEX NORTH REGISTRY OF DEEDS, DATED SEPTEMBER 1 , 1883 AND RECORDED AT BOOK 17ae , PACE alp j 8xseuttd u a�ai.d Imttnma►t thk .7*tJ( i a• y of April 1987 E. He. ner Fournier Joanne D. Fournier- Essex sw April &f f its? 7Ln P=M4W$tmum an me"now E. Haffner Fournety and Joanne D. j Fournier j� WA Odmawbasw w 1 0 (e►bsew"1 M their i�wrsNt // �-ware 1 Recorded Msy 1.1987 at 12i5W #4S239 JUN 27 '1007 BOARD OF APPEALS wws A,Iql, LL-L 41 ,-r—¢., —,3— — s 09 MA5'5ACRU5ETr5 Jo,w wAe.-Ar-v JUN 2 7 2007 BOARD OF APPEALS r , // �•.�\ae �UT,uT• �i• WSJ %. trP , 1 9d k1 i K/ q .rim ,,,,••, %e��,�• _ +'+cg: S/ .�, �\1 ��`2. r �. ��• \ 4"��`i, K-&.fig.-.�arw�e l Gla� `,\\• A3�/ a"". ��°Ts�%� �, `+'•,sq�y�._ 'L . a9. / S�,cMu2 ap •,\`� I JUN 2 7 2007 %f BOARD OF APPEALS `�'\� ate• � 'i ,..2�._4 Gn. ____ " •- �:,n, ' _ ___ .r,�'� _./ ../i..- ..a�`-o4ae:e�9 LOT 10 N'±i --•'� Fivi' fin: �T 1 ` •...� � �S._� K-fin.- a �:.'' 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A. .0'0w.. 63'350 sr . /. 45.649'sf -h a q61. 3A �p / C�p b Itl 36 frac v I 4-4 c36. 51" 12 51544> 37 IsseS' d1' 45.2170 338 `� i1t . 5,7 15 BY is u I' 56;832 z.rac 56 55. 54 53 1.4 ac . 65;212�sF '.6T2so.st. ss:7.iz'.at ND' 746e Lake- - CoefiicF�:�Wiic7s r: MM 200 - MASS DRAY BY ESA S ALES,p_L S MEA:MMMENU A SCALED- Y NW POR Stj"EY' P.dSE. 2 UPS Internet Shipping: Label/Receipt Page 1 of 2 UPS Internet Shipping: View/Print Label 1. Print the label(s): Select the Print button on the print dialog box that appears. Note: If your browser does not support this function select Print from the File menu to print the label. 2. Fold the printed label at the dotted line. Place the label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT TO UPS Customers without a Daily Pickup N Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping packages. Hand the package to any UPS driver in your area. Take your package to any location of The UPS StoreO, UPS Drop Box, UPS Customer Center, UPS Alliances (Office DepotO or StaplesO) or Authorized Shipping Outlet near you. Items sent via UPS Return Servicessm (including via Ground) are accepted at Drop Boxes. N To find the location nearest you, please visit the 'Find Locations' Quick link at ups.com. Customers with a Daily Pickup Your driver will pickup your shipment(s) as usual. FOLD HERE r+ ° 00 M C o 0 0 — rEM1o oo acN o 0 _ L, w 0 oZ Cl) 1�1 M Z Q O -' aQ > o o 0 ZHEF W ILI cA W O zNo o QQ Z o POO— LUrA zWW . N Z'D O q440 P4 % j F Z 0 SO E- m 0� C� co https://www.ups.com/uis/create?ActionOriginPair--print PrinterPage&POPUP—LEVEL=... 9/5/2007 JOHNSON & BORENSTEIN, LLC Attorneys at Law RECEIVED 12 Chestnut Street 06d Andover,Massachusetts 01810-3706 SEP 62001 (978)475-4488 BUILDING DPT. Telecopier: (978)475-6703 www.ibllclaw.com MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KAREN L. BUSSELL ANNA R. VERGADOS(MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA B. SCHUMACHER(MA,FL) September 5, 2007 Via UPS Overnight Delivery Gerald Brown, Building Inspector Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (Map 62, Lot 41) Variance Application, Zoning Bylaw Section 4.136.3.c.ii.3 Dear Inspector Brown: At the Board's last hearing on the above-referenced application, there were certain questions raised concerning both the adequacy of the plans that had been submitted by the applicant to date and the prior ownership of the property and whether it qualified as a "grandfathered" lot, as having not been held in common with any other adjoining lot since the relevant zoning change. I have been informed by the project engineer's office, Cammett Engineering, that they have been in contact with you and have now addressed your concerns regarding the plans submitted with the application. If you need anything else in connection with that issue, please do not hesitate to contact me, and I will be sure to have the project engineer's office provide whatever is needed. SEP 6 BOARD OF APPEALS Gerald Brown, Building Inspector Town of North Andover September 5, 2007 Page 2 As for the "grandfathered" lot issue, I have enclosed with this letter a copy of my letter to the Planning Board dated February 20, 2007, concerning this same issue. I have also enclosed a collection of conveyancing documents for both 12 Bonny Lane and 10 Bonny Lane referenced in my letter. As explained to the Planning Board in connection with their issuance of a watershed special permit for the property, I believe the 12 Bonny Lane property qualifies as a lawful, "grandfathered" lot and should not require a variance from the current dimensional requirements for either lot frontage or lot area. As noted in the variance application currently pending with the Zoning Board of Appeals, the property does require a variance from the wetland setback requirements of the watershed bylaw, pursuant to the conditions of the special permit approved by the Planning Board and the home location reflected on the site plan approved by both the Planning Board and the Conservation Commission. Should you wish to discuss this application further or require any other documentation or information in advance of the Zoning Board meeting scheduled for September 11, 2007, please do not hesitate to call me. Very truly yours, JOHNSON & BORENSTEIN, LLC Dr�onald F. Borenstein DFB/mbf Enclosures Cc: Michell Glennon, ZBA Secretary Amy Constantino Woody Cammett, PE FANew-Docs\constantino,amy\06-273.2 12 bonny lane,no.andover,ma-zba\building inspector Itr 9-5-07.doc JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier; (978)475-6703 NLIRK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN IiRISTINE M. SHEEHY'(MA) MICHELE C. .IONIKAS _ KATHLEEN H. I-IAR$ER ANNA R. �7ERGADOS(MA,N1-I) KAREN L. BUSSELL DENISE A. BROGNA(MA,CA) EMILY 1A. SAMANSKY(MA) LAURA BUCI:(MA,FL) February 20, 2007 Planning Board Department Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36, Planning Department North Andover, MA 01845 Ike: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (leap 62, Lot 4.1) Watershed Overlay District Special Permit Application Dear Planning Board Members: As you know, I represent the Applicant, Amy Constantino, Trustee of Bonny Realty Trust. This letter will outline the ownership history of 12 Bonny Lane (the "Locus") and 10 Bonny Lane, an adjoining lot. As you will see, these properties were only held in common ownership from 1983 to April, 1987. On May 17, 1982, E&F Builders deeded 10 Bonny Lane to Scott Properties. Scott properties then immediately deeded the property to E. Haffner and Joanne Fournier. Just over one year later, on June 21, 1983, the Fourniers acquired two small areas of land that were added to 10 Bonny Lane. Prior to 1980, John Warlick undertook a subdivision of other land on Bonny Lane to create the Hardt Court Estates Subdivision. On December 24, 1980,Mr. Warlick deeded the Locus, Lot 1 of the subdivision a/k/a 12 Bonny Lane, to Andrew Shea. Mr. Shea deeded the Locus to E. Haffner and Joanne F1New-DocslConstanMo.Amy106-273 12 Bonny Lane,No.Andover,MA-Planning BoarMplanning board Itr 02-20-07.DOC Planning Board Department Town of North Andover February 20, 2007 Page 2 Fournier on September 1, 1983. This was the first time that the Locus and 10 Bonny Lane were held in common ownership. Each property was a complying residential building lot at that time. B. Haffner and Joanne I'ournier deeded the Locus to Bonny fealty Trust on April 29, 1987. Each property was a complying residential building lot at that time. The Locus and 10 Bonny Lane have not been held.in common ownership since that time. The Trustee of Bonny Fealty Trust at the time of the conveyance was Reginald Marden. When he passed away in 1997, Arty Constantino and her brother, H. David Fournier, became trustees and continue to hold the Locus in trust. The lot area requirement for the district in which the Locus is located increased to 2.0 acres by virtue of a vote at the Town's Fall 1987 Town Meeting. This change was approved by the Attorney General on November 27, 1987. Thus, the Locus, which became non-conforming as a result of the increase, was held separately from 10 Bonny Lane at the time of the increase'. As noted above, the Applicant submits that the Locus has been held in separate ownership since April 29, 1987, approximately 7 months prior to the zoning change that made the lots,non-conforming. Attached hereto is a table summarizing the ownership history of 10 and 12 Bonny Lane. Very truly yours, JOHNSON & BO ' ENSTBIN, LLC — t ..... - Donald F. Borenstein EMS/dms Enclosures There was a 523 square foot lot line adjustment between the Locus and 10 Bonny Lane on September 29, 1997,however,neither the lot area nor fi-ontage of either lot was changed by that adjustment. P:V\lew-DocslConstantino,Amy106-273'12 Bonny Lane,No.Andover,MA-Planning Boardlplanning board Itr 02-20-07.DOC Yate IO Bonny Lane 12 Bonny Lane E & F Builders, Inc. Warlick Dec., 1980 E & F Builders, Inca Shea Scott Properties, Inc. Shea May, 1982 Haff& Joanne Fournier Shea SII Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Sept., 1983 Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joaime Fournier Haff& Joanne Fournier April, 1987 Haff& Joarme Fournier Bonny Realty Trust Haff& Joanne Fournier Bonny fealty Trust Zoning Change Haff& Joarme Fournier Bonny Realty Trust Nov. 1987 Present Haff& Joanne Fournier Bonny Realty Trust Deeds, 10 Bonny Lane 1. Scott Properties to E. Haffner and Joanne Fournier, May 17, 1982 (Lot 9A) 2. Caldwell, Caldwell, Fournier, Fournier, Farnham, and Farnham to E. Haffner and Joanne Fournier, June 21, 1983 (Lots A2 and 9B) a dr . 3x hl,a pis 7 7 Sant Properties, Inc. ,1j a corporation duly established under the laws of the Ocamionwealth of Massachusetts y Iws and having its usual place of business at 35 Center Street, Burlington, Middlesex i h75 County'Massachusetts, for consideration paid. in the amount of Sixty-six Thousand ($66,000.00) Dollars, grants to E. Haffner Fournier and Joanne Fournier, husband and wife, as Joint Tenants, t �r: both of 85 Pembrook Iniad, North Andover, Essex County, Massachusetts " jT aS: d7T wI 1 mix with gtatlrlraEtn aoasnr,tttSs T� I � r rya � A certain parcel of land situated on the Fisterly side of Bonny Lane, North #� ` Andover, Essex County, Massachusetts and shown as lot 9A on a plan entitled, �;(�I .P a•d "Plan of Land Located in North Andover, MA; E & F Builders, Inc.; Scale 1" 40'; Date: November 25, 1980, revised Decenber 9, 1980; Frank C. Gelinas & Assoc., Inc., Engineers & Archi.ec s" and recorded with Essex North District . a Registry of Deeds as Plan No. 8530, and reference is hereby made to said plan �,j' f"ka � D for a more particul� escrip ioii�said Lot 9A. ir a °fir' i ' Lot 9A contains 44,536 square feet of land, acoording to said Plan. k: Said In,t 9A is oonveyed subject- to the following restrictions: 1) That -,o dwelling and/or garage shall be erected on Lot 9A nor site prepara- 1 a tion ccmnenced on said lot until the plans and specifications, shaving the J location and design of such dwelling and/or garage ar,d the pYoposed site designs have been suhnitted and approved in writing in a form suitable for qqq� recording by John W. Warlick. The procedure for complying with this restriction shall be as follows: All building and site plans shall be submitted to Atty. jp Philip F. Sullivan, Agent for Warlick,at 2 Punchard Avenue, Andover, Massachu- II,,JffJ{{ setts, 01810. Warlick shall have 21 days frau the day of receipt by Attorney ` EE , Sullivan of the site and building plans in which to either approve or disapprove r ids of said plans. If said plans are approved, Warlick shall provide a Certificate of Approval suitable for recording at the Registry of Deeds. If the plans are disapproved, said disapproval shall be submitted to the owner of the lot in writing. Failure of the Grantor herein to act within 21 days of receipt of they: site and building plans by Attorney Sullivan shall constitute approval and II„ Z Attorney Sullivan may issue a Certificate stating that said site and building } P. p plans were received by him, submitted to Warlick and that said 27. days have �i t & passed and Warlick has failed to act. In any event, this.restriction shall fully terminate and expire 30 months from the Hate of this deed. lei+ NO 2) Any and all subsurface sewage disposal systems (septic systems) installed on Lot 9A whether by this grantees, his heirs, successors in title or assigns, shrall be inspected annually and, if necessary, the septic tank pTunped by a s I11 N qualified professional who shall certify to the North Andover Board of Health �r,(g fir. that such inspection has been coupl.eted and the tank pumped, if necessary. 3) For the protection of die lake, the use of fertilizers on Lot 9A shall be y± limited to one-half of. t!. `iormvl rs:o=oc-ided cruse for such fertilizers and a�41� rat such fertilizers shall only be used during the active Qrowina season. ' ai I. 4) These restrictions are imposed for the sole benefit of John W. Warlick, �'rIfiit ;r�Ns his heirs, successors and assigns to the property owned by John W. Warlick and bounded by Great Pond road, Brooks School, and Lake Cochichewick,.North Andover, Essex County, Massachusetts. ',.1 i Said prEndses are also conveyed subject to a temporary slope easement•for the benefit of E Z Street Constructions, Inc., recorded with said Registry of Deeds I in Book 1435, Page 331. Said premises are further conveyed subject to and with the benefit of:any other s �� easements, reservations, restrictions and conditions of record, if any, insofar 3. as the same are now in force and applicable. . 1 �, 4 F I C x r �i�1i1< 5f ��•. I d K15 1Ir r 1 -.....-..... _ Said premises are conveyed together with the right to the Grantees, their heirs, successors and assigns, to pass, ..repass and otherwise user in ca=n with all Others lawfully entitled thereto, the street Inzrwm as Bonny lane, as shown on said r<r sr s Plan, for all purposes for which such streets and ways are eannonly used in the 7 RO Town of North Andover; however, no fee interest in said street is hereby conveyed I ,: to the Grantees. ii Being the same premises conveyed to the Grantor by deed of >; & F Builders, Inc., by deed of even date, to be reoorded herewith and immediately prior hereto. i d y In ommon l 4mvt the said Scott Properties, Inc, has caused its Corporate seal to be hereto affixed and these presents to be signed, acknowledged and F;• : a` N re delivered In its name cmd behalf by V. Scott Follansbee, its President and Treasurer, c hereto duly authorized, this seventeenth T day of May in the year one thousand nine hundred and eighty-two k + Signed and sealed in presence of ? SOM PRRE=S:INC. it 9 1.. ..... .... � .. Cil............ 1 ...... �.-- n... », . .......... .................... V. Scott Follansbee, President & Treasurer N U a elm amwnwfK114 of 9115=4,z,M"A I: TAX. ESSEX, as. May 17, lq 92 ;a Charges Thea personally appeared the above named V. Scott Follansbee, as he is President and i TAX rin Treasurer aforesaid, f A$$E$$ end acknowledged the foregoing instrument to be the free act and deed of Ow Scott Properties, Inc. 1 F Mou,.. + - 5onnl So.r mono. #J $eWef before me I'. A'' Sower C Sidawall ......................................................... Streett' D. Bliss, Nobler Pub11-- - .. Omer u( Commill My onnatest°a=p1m March 26, to 87 WATER L 'g• _ t - DIRTDICI Z. LL'—T" k t COP1fJOfJWEAlIE4Il HL)SETTS II L rcnr I$oa 1 5;0 8 Recoj r Recorded May 19,1982 at 10.32AM X4459 4 ly 1 + �X24 PrLsse o or- L.o."P /� - •• tl LecnTeo iN o /'-w" ®QT .��. E F 5usuppev-s- Zwc. i/ g1° '•�;,a ® [¢eNe c.�EUNesi essocleTes i�c. h ��C •a pR' � 3 O Q t' Nezru nweo�cc Occ,cc Peck O \ pi° p O ICGGT,cv T.-1. ve CONco¢MEV Te TNa Ll Z '•. i G �,� .0 �+11y4n5 KULES ANP QE6UlAT10NSOFTNE ZEv,sTa¢ �D7SS:N �� �D OF AEGPS Sw P¢EPnzIN6 Tw P n !0 •�..N.`�P QJ L.OT IOvo O S4rBTT SC, �Q Pip � 5 S ' i, LoT 44,3a( LOTI <c .v �v c 2y ijj~ 4 0 `0 �Pv¢OVGL UNPe¢ SURlG,VI$ION .O NOT �Eq UIZEP CONT cores Low S NOeTN ONPO VEC PLANNINC�gOGCCP ^8iN rG7Gixq aoih•�u 3:i NOT Fc:See PLeus By C¢oN,c C.Gac.iNes}pssoc,>TEs SNI Po.YEv J-1 IS,19r1 t MeY L2,19'IB L ocus ��oN xe�E.l �Po eg? 1 ' BK1"741 MASSACHUSETTS QUITCLAIM DE[D dHORT FORM (INDIVIDUAL) del ai t Browne J. Caldwell, Diane Caldwell, E. Haffner Fournier, Joanne p, Fournier, Robert Farnham, and G1o.rianne Farnham �a i 3 y3 i h of Bonny Lane, North Andover, Essex County,Massachusetts, 3 F, 4 being&iiiarried,for consideration paid,and in full consideration of less than $100 , grantscto E. Haffner Fournier and Joanne Fournier as tenants by the * entirety f ;a of Bonny Lane, North Andover, Essex County with quiUlutm rauenunta �k ( tF't the land in said North Andover shown as Lot A2 and Lot 9B t shown 'on a plan of land entitled Plan Of Land in North Andover to be ~, Conveyed Between.Several(Description and encumbrenco,if any)Parties scale 1"=20'-June i, 14, 1983 by Cammett and Kutensky Engineering Ince, 194 E, Mein St. , Amesbury, MA. Said Plan in recorded as the Essex North Registry. o£ t. Deeds as Plan No. 9o79r I'l Q4,2 �Y 51 j r sir' 1r 4. { t# 4ti�.,• 19a.�... `7 }` ilpiluenu.9!ar. .hands and seals this.....c ./n ... day of .....J.GIt1�. }rf;:' ... � aldweliV Jo Fournio3 ................... t.. - .had.......... �tewer ............. ///� """"'^LL��r7...... ... ...EetrFournier Clorianne FarnhaI y 4 a Alpe(Qamntantuenttlp al i�Tasuuc[luaefYa � I ss. June 1983 x+ i j Essex, Browne J. Caldwell, Diane Caldwell, E Haffner Then anne l er,t o above amFd ,r x Fournier, oanne o ye Obert Farnham and Glorianne Farnham � 3n and acknowledged the foregoing instrument to be their, file act and deed,before me `� Reginald"U Yigeii""""' xi 4' ttiaSJ I j $ Plotary public li�aena6PGtA�4�XC2C� 1 My commission expires June 16, 19 89 I I JJ19412 r Y'. Recorded Nove291983 at 2:471 `1 t ��x i APPROVAL UNDER SUBDIVISION CONTROL p #9a9g .LAW NOT REQUIRED. NORTH ANDOVER PLANNING BOARD. ^/�PatricK ^/ Jayco Rawl+y Corp: DeohroV De Cayat3nac $K. 14<rf t�.7s --.... ��'� -L Sk.1539 fiJll4 n/f tJal{er W- �cC, FL't t9^-1'[LSP3it5HdF(1:S a::1:i.{IfI:7d�:,�rvJ" Ka z-lren Ko °..,K'83''3"'• `��"+a a y _.PDQ/✓ATE-�LA N E 6K.969 Py.99 DATE: ZL N21s5856 �E 15c). D' I CERTIFY THAT THIS PLAN CONFORMS Jj1.03 3 - - ^I1 _M TE- RULE-5 AND REGULATIONS EGULIONS OF U71, H THE REGISTERS OF DEEDS. a (n !v FOR REGIS Y U5E ONLY DATE /9B3 1 p+ Ph P m �j tletlie}\Jilliam n/F Robert 41.Jr.1 B !° J I F�zurenKo Bk 1260 P9 IF G Loma ne Farnham r. O O —1 BK. 1609 Py. 216 _ ....-.../L/L FOURNIER z N Q ,i Cn Esq vin R. LOT 1 O G ..J o o AREA gFTFS<ALL rn o• v E 'V � S9,S9S SQ1FT1* � NE S ! LAKE ;1f ff s� 01" L/ S,/, CocHIU-IE\DICK,-%, L s E.I S<-f p"TULD � CALOWEI I fir' s O v � AREA AFTER ALL �wwv n/� John N Warlick til TRANSFERS I < J. 5l,0G2 SQ.FT.: ti w <.e BK. 1319 nj.11 LpT Z N {� � p ., Nle D o ^ 44 /9G S FT. ^/v Ahdrev Sheri 1 LOT 10 V /°� pj� O t 4' BK. 1476 Fg.Z,3 930 SQ FT-.t � o Q 0 10��O b D{/F �• U O 0 FARN.LiAM LocuS` pZ:6"Z37rrl�v:E-Z:/ i j rn p m O p D LOT 18 A ' WI !J%olO CD°tD � �n/ t' -T ApA -T O °Jg�a� "o" 1 ,. B f Locus 1--A.0 N .I m% a L 4'L/ ,! �•i9�� h SQA Q"� h --ALF-: ]"-GOO' o , ^Z 1,993-50-F 'p-t 5 ,• Z,2 mo- f 11 b 110, W LOT ' 3 w LOT Az. s4:za °�� e n319 1\ 40,087 5Q.FT.+ 13,99-T SQ,FT Z9q 3�" 51 �o i.= - q7O o --FABLE 1SPEM_lAVjom OF 0D o _ 6S. ^I �phr+ \J °1\IGK DLOT A,TOJ3ROWNE OJ.�DIANE CALDA L5 AS WELL \ O _ �µ 1319 LOT AZ TO E.HAFFNER$JOANNE FOURI,f1ER - O fV ER+'E- HH FFaE!{ F¢rai/Z I.J aE/��.O \v LOT A3 TO ROBERT�GLORY ANN FARIJHAM THE GRANTOR FOR ALL IS JOHGI WAP_UCIC 2'li7V/NG D/STR/�T PLAN OF LAND rt.�S:oE/vcE:..z _ LOT IOD WILL. BE TRANSFERRED FROM � � , LOT IBA [L IAaojS - " - .E.HAFT NER JOANNE FOURQIER TO 1N 05°��/ BROWNE J. DIANE CALDWF1 I n/f Joh t✓.WorliLk 5 LOT_5B WILL BE TRANSFERRED FROM NORTH ANDOVER BK. 1319 Py. BROWNE J k DIANE CALDWELL TO.. TO BE COl IVEYED HA`FNERU JOANNE FOUpKIIER - - << /a� BE SEVERAL 1ES PLAJQ NQ G AR�_/va7 To 8 �o ysYOE ic'ED 83i5o '' SCALE'd 40' CAMMETT ANP KUTENSKY ENGINEERING INC �' SE GEl2ATE BVh<D/N C>CUTS. JUNE I9,19� E 199 1 ,MAW 5T. AME56URY, /hA55. _. .'- ,,;+a ,.-:c*- REIN/�7�D AVG.2� /982 . \' v se 26 1 83 r 83190 a'{�$ Deeds, 12 Bonny Lane 1. Shea to E. Haffner and Joanne Fournier, September 1, 1983 2. E. Haffner and Joanne Fournier to Bonny Realty Trust, April 29, 1987 3. Certificate of Appointment of Trustees, September 29, 1997 61 i i r ' I, Andrew F. Shea of Andover, Essex County,Massachusetts to ! in consideration of r i3 Ninety Thousand Dollars ($90,000.00) i I' gntnt to E. Haffner Fournier and Joanne D, Fournier, husband and wife, as tenants by the entirety hll, a Bonny Lane, North Andover, Mass of fia with quittlmitn tceUemm�ta ; �) the land in North Andover, Essex County, Massachusetts situated on 44 the southeasterly side of Bonny Lane, North Andover, Massachusetts 1 -4 and shown as Lot 1 on Sheet 2 of 3 on a plan entitled "Definitive +I + Q Plan of Hardt Court Estates, located in, North Andover, Massa- r� f In chusetts"; owner and applicant: John Warlick; Frank C. Gelinas -� ;i and Associates, Engineers and Architects; Scale: 1"P40' date: m January 10, _1979 and recorded with Essex North District Registry r 1 _ 1 r of Deeds as Plan No. 8223. Said premises are more particu arty . #` a ! bounded and described as follows: N NORTHERLY: in two courses of 204.27 feet and 103.00 feet respectively by land now or formerly of Warlick; i, ) N SOU'TIIEASTERLY:1.35.19 feet by land now or formerly of Warlick; aSls �� v ,�`• -�r i k ' ° SOUTHERLY: 336.17 feet by land now or formerly of Warlick n;t• , 0 r! I' and Lot 2 as shown on said plan; ; NORTHWESTERLY:in two courses by the curved sideline of Bonny Lane i' 108,03 feet and 41.97 feet respectively. F `. o Lot 1 contains 43,654 square feet according to said plan, r}' ,I ,:.. f ro SUBJECT TO THE RESTRICTIONS AND EASEMENTS DESCRIBED IN A DEED tvf FROM JOHN W. WARLICK TO ANDREW F. SHEA-DATED DECEMBER 24, 1980 AND RECORDED IN LOOK 1423PAGEx.273_. AND BEING THE SAME PREMISES CONVEYED TO THE GRANTOR HEREIN BY SAID DEED OF JOHN W. WARLICK. yy II , a rzi + }7 r {' Executed as a sealed instrument this lst day of t eptemb 1983 {I 1 _ # Andrew F. Shea ..... ----- C.i ilii Is k t, i {I W • s'7 •1t i mile Cntntnuttluemltll of �412166?lcllusetto z ; 1983 ;xJ V�1 Essex "® September 1 fry; Then personally appeared the-above named Andrew F. Shea xpM and acknowledged the foregoing lruf VntStp he/his free nct Od eed, PIT'1t �I Ph F. Sullivan Nnmry NhNr 2 � l °- ,'S �";; �p �4?kIF?4lF�li�7F?F}F i #{• ���','+ ;- My commission expires Dec, 8, 19.89 , + 77,' iii ! f c. #i' Recorded 5ept.1291983 at 4:14PM #15593 i ,#; { y)�f c.s-ex n z6i'I-O •„� .,',. '�vW`aa/`�•oNp'�y 511311Fn2lt7 3S7J33I`�19IV� � :LS z19nOa M7 1S4 10r-Fip sv Nn39"J � �, S1.13SI1H7'4SSt'•W ;��� x;.f as/�t�p o[V 91z xoq :yCrv71-1ecv�aan�np - ..'' C„�ol 1.9aHS 511�5`f1H'�'VSSVw '2�3ADQ'IVt7 H1ZI0� - V 6 do SgyuyyS=A -L'anO7laauH-10Nv-ld anu1nl�aa Do ozl oa_�-�—� • aa��a=.wc oz'ti,i:13a7 ry 9�m6 ,a n -,Mo ry b n_s..oa,n�..�r`.a i�eev-a•q-s e„ T��rn3n71 n ��-Tamery1 4 yo,LLL 1118/eid'FX.�'dW/ '3". `' bl 51 // a�a,v. �Jxrc+ a nJlva^1L aHLeivlanp Jvlu ..ve s�+r, r.��,.. n.y ...ry 91 mol ava �y o�+0 rvo'�O��tLL�o�vroaaaV GaZ g11a � a70 pavytdgn�nnvb n�a�.��a ZI .�Nb'i LI !/`/ oawawncJanvn i ni/� a7r f> Juno Lv�.1u Na- •� ruaon��J.arvavw a o �o n..Mcl aavog�in�nn'b� a nvHiaon 9 s y 9 gl � 1 aav ci+.oaav luaory��v:aqv � G N m of C - _ z-a ao�als:o�nmoZ ❑rvnog ervoJ.s p �n�aacma aoy s- o�aanG n.na rve w_iaanc !)D 3,anrvry--G... — 3nwna�s a� „c 2 rvroaa rrmis=nom w.,>iv� � ,So oy.n.n yrw ..o>va.� 0 1nvn�.�H—M b fin— La,H+ n 91-6a".�o G.Bane awl Z.—--M `A3anl{Sn7al:133nS a-2 Ia133nq T'71laOM rvnol' /n 0 C '�'d EEf 6L6/eY _.r n/ � en3EMENT � / 0 0 C LOT I a � ep / ��•.•.i /an,GBo 3.a LeT 2i "4. L.oT 4 'p `3 43,IOG SF NJc wo¢ ck ! J Pa/ P Lor1 51 4 C z• ' mss�J LOT I9 o Q s, SN �a .093 - t O \ '- �o J Q\,/ nn,.P o�d LOT IS ve LoT IL ``• m 32,B3C3F! 0 °'•oo Ld�-� 's S• ,Geasr,! of 0 weeucic '� �1`G� .sa GOLJ, o'V s�AV ¢ H�a¢r1rL E S �Od 5 Deq Na6E . 1 Oq0 � L�po9p�p e,w r � V � w m s.. � rw J wait�6K e\e N oN LoT io a b t 9 p ° LOT 1"f '6 sy599 s - �,o LoT IS w o;14 LOT 13 .� 6T'S6o7F 2 - V J�df i LAKE � 1 �CHICHE Tip E WIc� „- LC �-w9z�-Cka1 I Wli Yr{". 1� 4 3�s,p'; �tf iIa I E. Haffner Fournier and Joanne D. Fournier., husband and wife, '"' ;� P ` as tenants by the entirety l' k of h Andover, Essex County,Wianachuntta Bonny Lane, Nort in consideration of less than One Hundred ($100) dollars � M1 d )f• 7 .' runt to Rebinald L. Marden, Trustee of. Bonny Realty 'Trust under Declmratl.on of 'trust. dated April 28, 1987 .and recorded 4' C herewith }Y zgi Andover, Essex Co of 23 Central. Street , Com%, rtqut#t#2tlllr coltettztn#rt ' the Innd in North Andover, Essex County, Massachusetts, situated ou j, 9 a the southeasterly side of Bonny Lane, North Andover, Massachusets and shown as Lot. 1' on Sheet 2 of 3 on a plan entitled ''Definitive Mm r t, Pian of Hardt Court Estates, located in North Andover, Massachusetts"; " ' v owner and applicant: John Warllck; Frank C. Gelinas and Associates, 5. Engineers and Architects; Scale: 1. _ 40' date: Jmnuary 10, ')979 .� r 114 and recorded with Essex North district Registry of Deeds as Plan e a� Said premises are more particularly bounded and described r 'G as follows: I NORTHERLY: respectively two courses of `204.27 feet and 103.00 feet frespectively by .land now or formerly of Warlicic; r SOUTHEASTERLY: 1'35.19 feet by land now or. formerly of Warlick; , SOUTHERLY: 336.'1.7 feett by land now or formerly of Warli.ck and Lot. 2 as- shown on said plan; J NOR'T'HWES'T'ERLY: in two courses by the curved sideline of: Bonny � lane 108.03 feet anti 41..97 feet respecti.vcl.y. ; s� : Lot I contains 43,654 square Y:eet accol•ding to said plan. i I� SUTi..7ECT TO THE RESTRICTIONS AND EASEMENTS DT;SCRIBED IN A DEED FROM x JOHN W. WAP.LTCIC '1'0 ANDREW F. SHEA DA'Z'ED DECEMBER 24, 1980 AND PI; RECORDED IN BOOK 1478, PAGE 273, AND BEING THE SAME PREMISES CONVEYED TO THE GRANTOR HEREIN BY SAID DEED OF ANDREW F. SHED:., RECORDED IN THE ESSEX NOR'T'H REGISTRY OF DEUS, DATED SEPTEMBER d , 1983 AND RECORDED AT BOOK 17-P' , PAGE X13 f S l da of April 19 87 I t Eltecuted as u sealed instrument this ,?`!•L�, y r, Y / r p E. }a f>•ne Fournier 7''a _....... _._....1�..—. .'ray. .,..1.t,.�uYY-c.r_e_t--oc �� .—...._.._.,_....-.._..,. Joanne D. Fournier 'Ole (90mitrtsttittea[ill of Il:ra trcl�tt c##>$ x. c i i tl7 Essex s:°. April Then personally appeareJ the above named E. Haffner F ourneir and Joanne D. _ Fournier send acluYowleJged tlio imregoina insrrr:meut to be t'hei'rir ....,d ,ed. Nome' Falic qty e0Ynn11l3i05Y C:IpYY4ti (jy ��y 10 Recorded May 1,19B7at12.5PM 41329 I �f t �1 .----,-..,- u u vu.. w•v ur.uvv.a..utuu m.u!ut.:1.t\cvt�.uututvcl lt.:a+xuY.Yv'ta\1\LetN{etCAiti"t11:3EllLLt'v"1•ilie`3LNitgiivlldi C=1Wltat;v4e31::�a4:i8!Kid"iSiixtll.FLSlaMtU1W-iti'1it9'S41 BK 4875 PG 150 BONNY REALTY TRUST CERTIFICATE OF APPOM MENT-OF TRUSTEES tl We,H.David Fournier and Amy R.Kneeland,being first duly sworn,do �J hereby depose and state as follows: 100%of the beneficiaries of BONNY REALTY TRUST under Declaration of Trust dated April 28,1987 recorded-with-the Essex North District Registry of Deeds at Book 2483,Page 238 have appointed us to-act as Trustees pursuant to the terms of-the Trust,the original Trustee being deceased. Signed as a sealed-instrument this 9 9 day of September,1997. � �- OCT 27'97 AM 11:02 H.David Fournier l r Amy e an ,• COMMONWEALTH OF-MASSACHUSETTS cC1, ESSEX,ss Date: September��1997 Then personally appeared the above named H.David Fournier and Amy F. 0, Kneeland and acknowledged the foregoing to be their free act and deed,before me, p Notary Public My Commission Expires: My Commission Explres SeptemUer13,2002 MARK 8.JOHNSON AttorneyA Law 12 C tnut St. Andover, ssachusetts 01810 Re CLiEN M-APPT - BK 4875 PG 151 BONN'REALTY TRUST ACCEPTANCE OF APPOINTMENT AS TRUSTEES We,H.David Fournier and Amy F.Kneeland,do hereby accept the foregoing d j appointment as Trustees of BONNY REALTY TRUST under Declaration of Trust { dated April 28,1987 recorded with the Essox North District Registry of Deeds at Book 2483,Page 238. Signed as a sealed instrument this o? day of September,1997. H. �itua �/avrM..� David ourm 6j ee a� [[��((�� p y Ula T 2,1 97 AMll.a2 COMMONWEALTH OFIAASSACHUSETTS ESSEX,ss Date: September�,1997 x Then personally appeared the above named H.David Fournier and Amy F. Kneeland and acknowledged-the foregoing to be their free act and deed,before me, 4-0— -v N« Ka a a- 9.a Notary Public . My Commission Expires: My Commission Expires S*p1*m6er M,2002 MAKLJOHNSON 12 Andovay A 01810 - REXUENVACC•Affr - -T— —� U JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 www.ibllclaw.com MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN KRISTINE M. SHEEHY(MA) MICHELE C. JONIKASKAREN L. BUSSELL ANNA R. VERGADOS(MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA B. SCHUMACHER(MA,FL) September 5, 2007 Via UPS Overnight Delivery Gerald Brown, Building Inspector Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (Map 62, Lot 41) Variance Application Zoning Bylaw Section 4 136 3 c ii 3 Dear Inspector Brown: At the Board's last hearing on the above-referenced application, there were certain questions raised concerning both the adequacy of the plans that had been submitted by the applicant to date and the prior ownership of the property and whether it qualified as a "grandfathered" lot, as having not been held in common with any other adjoining lot since the relevant zoning change. I have been informed by the project engineer's office, Cammett Engineering, that they have been in contact with you and have now addressed your concerns regarding the plans submitted with the application. If you need anything else in connection with that issue, please do not hesitate to contact me, and I will be sure to have the project engineer's office provide whatever is needed. SEP 6 2007 D BOARD OF APPEALS U " Gerald Brown, Building Inspector Town of North Andover September 5, 2007 Page 2 As for the "grandfathered" lot issue, I have enclosed with this letter a copy of my letter to the Planning Board dated February 20, 2007, concerning this same issue. I have also enclosed a collection of conveyancing documents for both 12 Bonny Lane and 10 Bonny Lane referenced in my letter. As explained to the Planning Board in connection with their issuance of a watershed special permit for the property, I believe the 12 Bonny Lane property qualifies as a lawful, "grandfathered" lot and should not require a variance from the current dimensional requirements for either lot frontage or lot area. As noted in the variance application currently pending with the Zoning Board of Appeals, the property does require a variance from the wetland setback requirements of the watershed bylaw, pursuant to the conditions of the special permit approved by the Planning Board and the home location reflected on the site plan approved by both the Planning Board and the Conservation Commission. Should you wish to discuss this application further or require any other documentation or information in advance of the Zoning Board meeting scheduled for.September 11, 2007, please do not hesitate to call me. Very truly yours, JOHNSON & BORENSTEIN, LLC aF Donald F. Borenstem DFB/mbf Enclosures Cc: Michell Glennon, ZBA Secretary Amy Constantino Woody Cammett, PE FANew-Docs\constantino,amy\06-273.2 12 bonny lane,no.andover,ma-zba\building inspector Itr 9.5-07.doc • JMNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 MARK B. JOHNSON (MA,NH,DC) paralegals DONALD F. BORENSTEIN (MA,Iv1E,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN L. BUSSELL DENISE A. BROGNA(MA,CA) EMILN'' 1A. SAMANSKY(MA) LAURA BUCK(NIA,FL) February 20, 2007 Planning Board Department Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36, Planning Department North Andover, MA 0184 Re: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (Map 62, Lot 41) Watershed Overlay District Special Permit Application Dear Planning Board Members: As you lalow, I represent the Applicant, Amy Constantino, Trustee of Bonny Realty Trust. This letter will outline the ownership history of 12 Bonny Lane (the "Locus") and 10 Bonny Lane, an adjoining lot. As you will see, these properties were only held in common ownership from 1983 to April, 1987. On May 17, 1982, E&F Builders deeded 10 Bonny Lane to Scott Properties. Scott Properties then immediately deeded the property to E. Haffner and Joanne Fournier. Just over one year later, on June 21, 1983, the Fourniers acquired two small areas of land that were added to 10 Bonny Lane. Prior to 1980, John Warlick undertook a subdivision of other land on Bondy Lane to create the Hardt Court Estates Subdivision. On December 24, 1980,Mr. Warlick deeded the Locus, Lot 1 of the subdivision a/k/a 12 Bonny Lane, to Andrew Shea. Mr. Shea deeded the Locus to E. Haffner and Joanne F:INew-DoWConslan ino,Amy100-273 12 Bonny Lane,No.Andover,MA-Planning Boardlplanning board[Ir 02-20-07.DOC Planning Board Department Town of North Andover February 20, 2007 Page 2 Fournier on September 1, 1983. This was the first time that the Locus and 10 Bonny Lane were held in common ownership. Each property was a complying residential building lot at that time. E. Haffner and Joanne Fournier deeded the Locus to Bonny Realty Trust on April 29, 1987. Each property was a complying residential building lot at that time. The Locus and 10 Bonny Lane have not been held,in common ownership since that time. The Trustee of Bonny Realty Trust at the time of the conveyance was Reginald Marden. When he passed away in 1997, Amy Constantino and her brother, H. David Fournier, became trustees and continue to hold the Locus in trust. The lot area requirement for the district in which the Locus is located increased to 2.0 acres by virtue of a vote at the Town's Fall 1987 Town Meeting. This change was approved by the Attorney General on November 27, 1987. Thus, the Locus, which became non-conforming as a result of the increase, was held separately from 10 Bonny Lane at the time of the increase r. As noted above, the Applicant submits that the Locus has been held in separate ownership since April 29, 1987, approximately 7 months prior to the zoning change that made the lots.non-conforming. Attached hereto is a table summarizing the ownership history of 10 and 12 Bonny Lane. Very truly yours, JOHNSON & BORENSTEIN, LLC Donald F. Borenstein EMS/dms Enclosures There was a 523 square foot lot line adjustment between the Locus and 10 Bonny Lane on September 29, 1997,however,neither the lot area nor fi-ontage of either lot was changed by that adjustment. F\New-Docs\Constanfino,ArnyM-273 12 Bonny Lane,No.Andover,MA-Planning Board\planning board Itr 02-20-07.DOC 4 i Date 10 Bonny Lane 42 goLmy Lane E & F Builders, Inc. Warlick Dec., 1980 E & F Builders, Inc.— Shea Scott properties, Inc. Shea May, 1982 Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Sept., 1983 Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier April, 1987 Haff& Joarme Fournier Bonny fealty Trust Haff& Joanne Fournier Bonny Realty Trust Zoning Change Haff& Joanne Fournier Bonny Realty Trust Nov. 1987 Haff& Joanne Fournier Bormy Realty Trust Present Deeds, 12 Bonny Lane 1. Shea to E. Haffner and Joanne Fournier, September 1, 1983 2. E. Haffner and Joanne Fournier to Bonny Realty Trust, April 29, 1987 3. Certificate of Appointment of Trustees, September 29, 1997 1 i B p ry cy i A Andrew F. Shea, ; k Essex County,Massachusetts !' of Andover, in consideration of x , Ninety Thousand Dollars ($90,000.00) j r grunt to E. Haffner Fournier and Joanne D. Fournier, husband and wife, as tenants by the entirety i .' Bonn Lane; North Andover, Mass f ' of y with tluitclaim ctttn:nants the land in North Andover, Essex County, Massachusetts situated on •a• the southeasterly side of Bonny Lane, North Andover, Massachusetts I'I s °O, and shown as Lot 1 on Sheet 2 of 3 on a plan entitled "Definitive o Plan of Hardt Court Estates, located in, North Andover, Massa- � chusetts"; owner and applicant: John Warlick; Frank C. Gelinas ti 1 u and Associates, Engineers and Architects; Scale: 1"-40' date: m January 10, 1979 and recorded with Essex North District Registry of Deeds as Plan No. 8223. Said premises are more particularly rCl bounded and described as follows: m NORTHERLY: in two courses of 204.27 feet and 103.00 feet pr „< respectively by land now or formerly of Warlick; r u SOUTHEASTERLY:7..35,19 feet by land now or formerly of Warlick; 4 SOUTHERLY: 336.17 feet by land now or formerly of Warlick f i and Lot 2 as shown on said plan; N a z NORTHWESTERLY:in two courses by the curved sideline of Bonn Lane 108.03 feet and 41.97 feet respectively, to j p j Lot 1 contains 43,654 square feet according to said plan. }Aj M' m ` ro SUBJECT TO THE RESTRICTIONS AND EASEMENTS DESCRIBED IN A DEED !I a FROM JOHN W. WAP.LICK TO ANDREW F. SH -DATED DECEMBER 24, 1980 V AND RECORDED IN BOOK 14 PAGE-2T3_., AND BEING THE SAME PREMISES ry G CONVEYED TO THE GRANTOR HEREIN BY SAID DEED OF JOHN W. WARLICK. Executed as a sealed instrument this 16t eptemb 19 83 Y k' Andrew F.X Shea l ) t rr M {Mx O c I I� tIIhc fdonmtuutttenith of PRteanchuaetto l� 1983 �'iNli�i•I Essex "® September lr � , �Y �r Then personally appeared-the above named Andrew F. Shea , ,rs' _ ��1 r and acknowledged the foregoing it tru n t s B B B <'rtC 1519 bo,' free acl�r% sed, Phil"�p F. Sullivan My commission expires Dec: 8, 19.89 dl Recorded Sept.12,1983 at 4:14PM #15593vl uI u a 1779 3'33 A,p 1 L.ocue TA6GE oC�¢AWIAIra":1 �,EGEND Jo.1N wn¢uc� sHeET-1 Goxe¢s.+Eer:Lecv�}INe� -w- WOTe L,NE O - S4sGT.l>v¢onlE. wN NN oerduS l".4Lii �_cnTcu 6ogir.le STo¢M D¢NN QO DueeT Ss R.u.1 aFwvu¢Sr�?jcru¢E —_._ --M>�1 No1.E �I uee.+" n're verav<.vuic }---HegoWAL1 9�acere o o vos¢eco¢ow� O STONE 0o4ND i 1 ZONINe D1ST¢IGT�a-L Q la f � 9 N_re:n..No¢rH n¢¢ows Aee N T 4GNaTIG No¢�ll S U' 18 g 4 5 6 4NGo�/� NNN�Boe¢D To of No4 Toww1 GL¢4K. w oN�o e 3 IT LaN6 l2 q - (� •.' a R¢u.l .n Cron¢n 4Geen FvyrloN IGe¢T,cv TunT Hnveccuca¢rca tAa.�+'� � oc N nNo tlt.e¢��esl ee6..cor,o,»o` . ../9 osee 2n Gvveo�THe�T D NC T lLe¢Fs,ara¢S oc Deevs,N 16 Is �� _^.Y.�d$7�..m.c.vao Lco Law r.1ea Z w4vE.¢ECPI�Iv�uo wi e v¢e L C -L� c 1 Is la ti a COLHILHE x=T.e.. o..z�vven s�v-��u�s ew o mr,�ws4e.Dv��••� t' wnw��.5e,vc wac�u>S ac¢,.1 O�ib to/I'i/)I RT ��:'• `jCG1-E IN CEET I"=2oo' S I-40 o m Bo Ito Ireo A 5- DEF1NITive PLAN of HAV-10T GDU2T ESTATES NORTH G;NDovE12 MASSAGHU�JETT`-� Suesr IOFB owNEekAbvLlcnrJT: JoNNI W--L SOX 216 Mo..AIJDO'J S-. MASSAGHVSETTS n L / r TL FQdN�G.G ELINAS�.�1.560GIATES 491 L1N oovE2 rJT �`} E I.IGINEEeSE p{zGF11TE , I.b.�NmvE2.M45S. p-1A-92 ell-c; —un -C �•� 6e,9oo s, _ Q� 7 LoT F4 � - �• 0 z' ?�✓/ ra �c w¢ucr Aj Lor to n_ 5-4"- - ter; F\t -_" _�_ L.sc _______ _ o Ria b\ « LOT 1] :a a, L oT IS s,,,6D�F_ °' LoT�4 LoT19 Lo•T i2 ' ,�� E yQi `e�e LAk E CO '"� oz G45J E SHEET 3=�3 2 <at Pump," �1 tis X. it Pt 248 3 4 ... ..-..-. — Fournier., husband and wife, �n'fht L, Haffner Fournier and Joanne D. n I as tenants by the entirety Essex of County,Massachusetts Bonny Lane, North Andover, or I 1}es E, 1001 dollars SIM less than One Hundt:ed t$ a in consideration of l _ 9 Trustee of Bonny Realty Trust Rebinald L. Marden dateci Apri.1 28, 1987 and recorded a t a n o f.' Trust l t n � grant under Declarati,o herewith t Essex Count r of 23 Central, Street. Andover, with t�uitclniut cnlrenttnt� AceFa. ''' _ Massachusetts, situated ou `<x the land in Essex County; Massaehuset.s North Andov`'° , Lane, North Andover, llefini.tive side. of Bonny t Che southeasterly plan entitled °' located in North Andover, Massachusetts"; _ and shown as Lot. 1' on Sheet 2 , 3 on a 1 Fr.anlc C. Gelinas and Associates, 01 3 a « Plan of llardt. Court EsJohnyWarlick; 40' date: January IN �a owner and applicant: gcal.c: 1." o£ Deeds as �� 1 Engineers and Architects; bounded and described and recorded with lemi.sesNorth a-re morel particularly i Said p" f s follows: Y l T}ORT}'IERLi: in two courses oland4now oe4formarl.y3of(IWarl.ick; 1 ` i respectively bY . s E j.9 L.ecl' by land now or 1 c,rrnerl.y of Wttrlick; # SQiI LHEASTERLY: formerly �{I I y"OU`l'1}}Tt}..Y. 336.1.7 feet`. by land now Ltd a . of Warl.iclr. t and I,ot 2 as shown on NOR1'F1WT;S'T}:RLY: In two courses by i'heLcu,ll`1'cr telt<'-'spec Ci.vno of el.yt.l 1 f� t-atncr 108.03 f:uut' emd 1.� tt t:o said plan, accordtnl ,654 Nquare teet i lot 1. contains 43 } 1.980 AND .1 S}]}il},G'J' '}'0 'l'}Ila 'RI?;;'I'RTC'CIONS AND E,A51,MI:N'l"' D�;St'%Itlli}:D 1,N A DELD FROM Y s SHEA llA'1'Ep DECEMBER 24, 1 JOHN W, WARIACK '1'0 ANDREW 273, AND BEING THE SAEMISES ME PRRECORDEDOINLYED RL'CORDED 1.N BOOK 1478, SAID DEED OF ANDREI F. SHL'A., Val .1 TO THE GRANTOR HEREIN BY 1983 AND THE ESSEX NORTH REGISTRY OF DEEDS, DATED SEPTEMBER d s s, RECORDED AT BOOK PAGE /k I 19 87 y day of April ?=ted instrument this n P n° Executed as a sealed __� __..._...._._ E. lla netAM Fournier �.. D. Fournier .. ,Joanne tiT•uttlltt0►itaiettltll t,# liCat�s�tttl�trett�a Apr11 I')8/ " sa• Essex n E. HaffnerFourrteir and Joanne D. Then personally uppeared the above named Fournier t1�ei.r {e aot d v oin instrument to be / t,nd aclenorvledged the tong 6 , � � Juvld:w-aulta•d++�+:u N. my commisslouu expinms �"-; 19 p—coded May 1,19B7 at 12011M, { I , . .......... j ...... .�.... >... -- v_,.,.., BK 4875 PG 150 BONNY REALTY TRUST CERTIFICATE OF APPOINTMENT-OF TRUSTEES ,1 We,H.David Fournier and Amy F..Kneeland,being first duly sworn,do 1 U hereby depose and state as follows: b 100%of the beneficiaries of BONNY REALTY TRUST under Declaration of Trust dated April 28,1987 recorded-with_the Essex North District Registry of Deeds at Book 2483,Page 238 have appointed us to-act as Trustees pursuant to the terms bf-the Trust,the original Trustee being deceased. Signed as a sealed-instrument this a 9 day of September,1997. to 4— OCT 27'97 AM11:02 JIC H.Dadd Fournier Amy F.Kh6eland r, COMMONWEALTH OF-MASSACHUSETTS Tor" ESSEX,ss Date: September�Q1997 Then personal%y appeared the-above named H.David Fournier and Amy F. 0. Kneeland and acknowledged the foregoing to be their free act and deed,before me, p Lad& Notary Public My Commission Expires: •Ay Commission ExpiresseplemNer13,2002 aDk r7 _ MARK B.JOHNSON AttorneyA Law 12 C tnut St. Aidorer, ssachusetts 01810 REJCLIErII'/IRAPPC f BK 4875 PG 151 BONNY REALTY TRUST ACCEPTANCE OF APPOINTMENT AS TRUSTEES We,H.David Fournier and Amy F.Kneeland,do hereby accept the foregoing a } appointment as Trustees of BONNY REALTY TRUST under Declaration of Trust ` dated April 28,1987 recorded with the Essex North District Registry of Deeds at Book 2483,Page 238. Signed as a sealed instrument this d q day of September,1997. Ez H.David ourm Q _ 1a � � ee an - OC f 27'97 AM11:02 COMMONWEALTH OF MASSACHUSETTS i, ESSEX,ss Date: September ,1997 X Thenersonall appeared the above named H.David Fournier and Amy F. P yy PPe Kneeland and acknowledged-the foregoing to be their free act and deed,before me, rso, M .nn Notary Public e My Commission Expires: My Commission Expires Septem6er13,2002 /ebo� 7 MwLjo Mrbwy 01810 RMUENfIACC•APPT Deeds, 10 Bonny Lane 1. Scott Properties to E. Haffner and Joanne Fournier, May 17, 1982 (Lot 9A) 2. Caldwell, Caldwell, Fournier, Fournier, Farnham, and Farnham to E. Haffner and Joanne Fournier, June 21, 1983 (Lots A2 and 9B) 1 f i 77 K 15 Scott Properties, Inc. I r a corporation duly established under the laws of the 03mnonwealth of Massachusetts and having its usual place of business at 35 Center Street, Burlington, Middlesex County,hgassachusetts, for consideration paid, in the amount of Sixty-six Thousand ($66,000.00) Dollars ;' U geanta to E. Haffner Fournier and Joanne Fournier, husband and wife, as Joint Tenants, i r both of 85 Pembrook Road, North Andover, Essex County, Massachusetts ' trz. I rte 3Y d f 1 with 4111trlalm rourttgntar A certain parcel of land situated on the Easterly side of Bonny Lane,.North ( Andover, Essex County, Massachusetts and shown as I 9A on a plan entitled, u„ tp t is err r. 'Plan of Land located in North Andover, MA; E & F Builders, Inc.; Scale 1" - 40'; Date: November 25, 1980, Ivised December 9, 1980; Frank C. Gelinas & 3 o Assoc., Inc., Engineers & Archiects" and reoorded with Essex North District Registry of beers' as Plan No. $530, and reference is hereby made to said plan for a more particul escrip ion o 'said Lot 9A. ° F o V Lot 9A contains 44,536 square feet of land, according to said Plan. yls111 r Said Int 9A is conveyed subject to the following restrictions: I $` 1) That .no dwelling and/or garage shall be erected on Lot 9A nor site prepara- tion commenced on said lot until the plans and specifications, showing the location and desire of such dwelling and/or garage and the proposed site 3 d c designs have been sulanitted and approved in writing in a form suitable for FI recording by John W. Warlick. The procedure for.complying with this restriction shall be as follows: All building and site plans shall be submitted to Atty. 0 Philip F. Sullivan, Agent for Warlick,at 2 Punchard Avenue, Andover, Massachu- setts, 01810. Warlick shall have 21 days from the da of receipt b Attorney Sullivan of the site and building plans in which to either approve or disapprove of said plans. If said plans are approve, Warlick shall provide a Certificate hcl s of Approval suitable for recording at the Registry of Deeds. If the plans are fE disapproved, said disapproval shall be submitted to the owner of the lot in �w writing.- Failure of the Grantor herein to act within 21 days of receipt of the site and building plans by Attorney Sullivan shall constitute approval and I{ i? )" s Attorney Sullivan may issue a Certificate stating that said site and building E plans were received by him, suhudtted to Warlick and that said 21 days have 1 ti i passed and Warlick has failed to act. In any event, this restriction shall Gi h � Ix fully terminate and expire 30 months from the date of this deed. 2) An and all subsurface sewage disposal systems (septic systems) installed Y on Lot 9A whether by this grantees, his heirs, successors in title or assigns, �jl1f I � ;,. shrill be inspected annually and, if necessary, the septic tank pumped by a ? qualified professional who shall certify to the North Andover Board of Health that such inspection has been completed and the tank pumped, if necessary. c 3) For theprotection of the lake, the use of fertilizers on Lot 9A shall be � t, ]invited to one-half of. the rexm ended dose for such fertilizers and Fp z II such fertilizers shall only be used during the active growing season. Igo 4) These restrictions are imposed for the sole benefit of John W: Warlick, , * ` III his heirs, :successors and assigns to the property awned John W. Warlick and � �) ) 9n P Pe tY by bounded by Great Pond Road, Brooks School, and Lake Cochichewick,.North Andover, i k r t rF Essex County, Massachusetts. i Said premises are also conveyed subject to a temporary slope easement for the benefit of E z Street Constructions, Inc., recorded with said Registry of Deeds , q in Book 1435, Page 331. t Said premises are further oonveyed subject to and with the benefit of-any other easements reservations, restrictions and conditions of record, if any, insofar Y , a , as the same are now in force and applicable. . rM 1 J rah r: iLLS i, 41 t I Il I��,t M1a 1 'tt ry + kt P` ! ' I t L; _. _...___ ...-•-__._._.—__+__............�_...-....._»...w<,nnn....e�.•u�.....».,..+.....a......«_..m...+....a,".....�:.....«..w., _ ___._«._+...._._.- ..a......,:....a,.oz:..,...wnve.v......:.. � exp, I11 M1� DR1577 'i said premises are conveyed together with the richt to the Grantees, their heirs, successors and assigns, to passe .repass and otherwise use in caiQmn with all others lawfully entitled thereto, the street known as Bonny Lane, as shown on said � Son Plan, for all purposes for which such streets and ways are eonmonly used in the Tuwm of North Andover; however, no fee interest in said street is hereby conveyed I1 to the Grantees. Being the same pretni.ses conveyed to the Grantor by deed of E & t Builders Inc by deed of even date, to be recorded herewith and imTiedlately prior hereto / I n ntamom ndpant, the mid Scott Properties, Inc, 11 ass, bans orumd its corporate seal to be hereto affixed and these premts to be signed, acknowledged and t res delivered in its name and behalf b9 V. Scott Follansbee, its President and Treasurer, r o; !: c ase bereto duly authorized, this seventeenth day of May in the year one thousand nine handred and eighty-two s', Signed and sealed in presence of E �i SO= PKIPERTIES, INC. ��� ... ............ ........... ... .. ...............��......... ......._........................ �. qtr `r ...,. ` ... ......... rarer.a..... ............ NAI. n V. Scott Follansbee, President & Treasurer I i Ca L04 �1 •. � TAX... ESSEX, as. May 17, 19 82 F N Chargee ar Then personally appeared the above named V. Scott Follansbee, as he is President and ; TAX TITLE Treasurer aforesaid, ASSESSMi and admowledged the foregoing instrument to be the free act and deed of tib Scott Properties, Inc,Y,. MOM.... Sower,,, before meSower char ..... ............... ............ See Mir[ S- ......ui.................... t D. BliS9, Nob?Pabll Other Lions 4 Commllled my oammk*n a Tim March 26, to 87 a _ ,,- WATER LIEI Y a DISTRICT T. TOTAL r' ,I I 1 Af r, I k ! lm GN �uDgvy. ff r s� - a: Ur cp(or❑�M0EJq��wrnll7l" 9IIUSCTi4. ( r; stnrlooz i. I P 5 0. 487 ( Recorc Recorded May •19,1982 at 10.32AM x+459 �i 5 i7/9� fie•ssiQ �`�� �_Qg_T H �►tJ D OV E IL NdA AuoL6iY96 /01[o eo ,zo wo hV .d ® CeeuK C.c-Eu(«ns�essoc:eTEs 2�c. h0 .,Se 6www�es ee--�s Y`\\� Yoeru Ar:oovee.Mn. c:c -".�•:'1� 1ce—cr T—M A"a Co—e ME.o To-r- 00"! r— p!'7 OF V.—Sr:P¢EP6I —Tuts F— (� o T/IO N fly TS SS a , Qc 1p R Low 9,0/ : Sp.�) 49, 49 S3Co 4. v d �d S 6�y � � �VVCOVpL UNOEf[ SU6pIV(BION Lp pCONT ZOY� w S- NOT SEW u1KEP F N,�o�'¢TD r�or.�vove¢ PL pNNINCs 6on¢v s ,L^ V 'i See Pl— C.C——i sssoc�e-ras ' CNBC poTEp�JULY IS,19�T a MeY Z2,19Z(� L ocus �� 2 l BK1741 MASSACHUSETTS QUITCLAIM DExD SNORT FORM (INDIVIDUAL) 002 I , Browne J. Caldwell, Diane Caldwell, E. Haffner Fournier., Joanne a I ..1. Fournier, Robert Farnham, and Glorianne Farnham a I, x County,Massachusetts, of Bonny Lane, North Andover, Essex f being&Married,for consideration paid,and in full consideration of less than $100 9 x b the >, - Joanne Fournier as tenants y � ' r Fournier and J to Haffner rantst E. b r:y entirety of Bonny Lane, North Andover, Essex County with sluitslutm ruutuantta r r { the land in said North Andover shown as Lot A2 and Lot 9B �t Mt shown 'on a plan of land entitled Plan Of Land in North Andover to be - Conveyed Between Several[Description and encumbrances,ii enyl Parties scale 1"=20'-June ' 14, 1983 by Cammett and Kutensky Engineering Inc, , 194 E. Main St,, Amesbury, MA. Said Plan is recorded as the Essex North r%eglI4ery. of + �1•, r' Deeds as Plan No. 9,29 3 } xl, ' 'r, t y �4 j• i � �f f igiluro,t our hands and seals this.....c .�n f........day of .....JuRe.......................198.3... �y aldwe .../ — .... f//��] our BFcpwne J L?.... Jo... .rr � ni�r............. y rx /V— D"�e� l iae� R t •Parnham I ' E:.�7`� tfiier'Tour •r•'"" Glorianne rarnha i� �4; Oft¢fQutnmauwraltft of Masguciturietts 1` q6 19 { Essex, ssJune >f 83 r : Thcnersonal red tke'above ampdmBrowne J. Caldwell, Diane Caldwell, E. Flaffner { Fournier, oanne o >,er, Obert Fa and Glorianne Farnham I and acknowledged the foregoing instrument to be their, ftle ace and d ,before me F .. i ,fix I I "M$ fleiiReginald ( NoI �rxFk[ fl My commiasion explrea June 16, 19 89 I Recorded Novo2,1983.at 247PI `1 #19412 1 APPROVAL UNDER SUBDIVISION CONTROL f'Q_'*9,298 .LAW NOT REQUIRED. NORTH ANDOVER � i ._ PLANNING BOARD. h��Patrick n/f Jayco Revl+y Corp. 64��/�ldsiu �QE� �Mp V.OeCayai9nac SK. 14� t�.75 /*�-' d�a.. $k.1639 Aj.IF¢ n�f Wol1�r Il- 7L_ d- -'l Q�xsQ- Mazurenko Ytc t5:i8 ihJ�w[:ii,J •i 'tre;utsta^ PR/vA TE.1 LANE 6k.989 Pg.99 A,1,V-3 �.m J DATE: 2� N2/=53 �bF_ f51-O3 1 1 I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REG15TE-RS OF DEEDS. o cn FOR REGIS-#Y U5E oN Y /+�"., .e ellle \Jilliam 5s _` O t` h/� Ll BK I2� p9' n/{ Robert H.Jr.$ Q OMazur en Ko G Lomihne. Farnham `.. iL ulF OI BK. 1609 Py. 218 - �� FOURN.IER Z N p n/4 EdWl LOT 10 C o AREA AFTF-R AO- rn .o �,A 'I'RAf,15FER5 �E v _ J 59,595 SQ�FTI± j � LAKE S O,r A/ S�°3'�1- O CocHIGFIEIJIci(,,%f `L 01-P 'L �•.a\N CALDYJEl.1 0 tai, s} AREA AFTER Al_L O TRANSFERS I -�owry Ca n/- bhn N Warlick L7 o M�a + 1y u a e BK. 1319 Fig.II d• 1 O ,r Jr�,0�2.J`_Q.Fr-' N1(1 Lor L n Ahdrew sheer , LOT 10 D Z p�o�� Q U O t 4/9G S�fT `. gk. 1478 Fid.Z73 9_6 SQFTY P N/F �O 11-1 O FARN.FiAM LOcuS BK. 157 PJ.Bo �: - .6 / ,I rn O O a 44� ' -�� �m a A a 1 D �j m ry �, P LOT 18 A wI o�%� m, p n/�' 7vE:ttz ,,v` b 3 SWI �yo V OD- O� J v ��; li-S9'ye,/� e t E Locus PLA" 0 Z ,inlb _�-5 ' L ?IO 5 105' -� SSG Q, QFC SuaLe.: I" 600' �p I q 3 CjQ F��'! �2 J-oo�l ro a0 9Jl,_. O f, Nalas8=S5°E 4 49' i55•oo' g �' p7 •. -- /35. 9- cIQ;�„�N Si,,=BE __,�*_y,-” \J.\ver ck � r11 SOTS co LOT A2 q-2s // n�k g 40,087 5Q.FT+ ° SOFT _ 4.5 511` tS f 470• -ABLE^- S l7' - 'tom \Jarlyc'K DISPENSATION OF LOT A L5 AS FOLLOWS: X00 --_68 nr� 0 39\J� 11 B LOT AZTD E.OA FNER�JOANE F NOURNIF_R DW ER: �= NHFF#JCk Fad K V t•eR,'"P'O LOT Aa TO ROBERT�GLORY ANN FARNHAM 2'CiN/NG D/STR/CT THE GRANTOR FOR ALL IS JOHN WARLICK_ PLAN OF LAND ' LOT IOD WILL. BE TRANSFERRED FROM i 0.00 R.E 5�i:0 Enrc E`_z . E.HAFFNER JOANNE FOURNLER TO L07 IBA � I 35 BROWNE E J. � DIANCALDWELL n/f Joh N.\Jar llLk S _ 05��` LOT.9B WILL BE. CALDWELL TOE TRANSFERRED FROM NORTH IN ANDOVER •u�v Ev`�. BROWKIE J.� D pK. 1319 Gy.11 `�/' . \, E.HAFFNER JOANNE FOURNIER TO BE COf\fVEYED �I (. ; j =Nerd cars ser,/oof,A, A,eAa BETWEEN SEVERAL PLAPARTIES 83190 ., +' 9-2G/Va7. To I3` G6�ys/OEii'ED I\I 110 = SCALE J 40" JUNE 19,19$3 CAMMECT ANP KUTENSKY ENGINEERING IhIC. 4: s %` SE PE/2ATE Btu-/[D/n C>�d7S- y. as 199 F-MAIN 5T- AMESE�UPY. AMAS5 REY/,5£D AUG,2� /9d3 �•`�\' Sept.26 183 '__. 83190 v� 02 tP 0002156568 SEP 05 2007 LAMED FROU ZIPCODE01810 Fin C L MAR S '90' m & BORENSTEIN, LLC D15 l� L5 U TORNEYS AT LAW SEP _ �nn7 I CHESTNUT STREET A<dOOMER ASSACHUSETTS 01810-3706 4 1810-3706 Il ttrrr TO: " Mich Glennon, Secretary North Andover Zoning Board 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 01845 Sept. 21 1980 Planning Board released Lots 1 through 19 Bonny Lane inclusive at mtg. of Aug. 12, 1980 "HARDTCOURT ESTATES" duly 5, 1979 "Hardtcourt Estates" Subdivision _ Off Great Pond Rd._(Campion Hall property) _ ' j,qy lots. __ ------------ 7,_5.onny_Lane- -August--2-2-, 1_9-84__ Thomm Lau.dani i BooAd o j Appeaty Deny van,Lance ,6ee decision: ✓mit . �C- �f. l3 S {��- L-�Z� . Cdtivr}-, l��i 3 // O,Q 9 J `�"' Int,• fid-, ifcll/✓L ' j r ZBA APPLICATION LOG ZBA APPLICATION LOG ZBA APPLICATION LOG 8/15/2001 SS ADDRE TYPE V i-` wap ]LQG* PPUcANT,,,,1 PERMIT 1990-144 iDugan, Peter E. Belmont St, 35 lVariance 1 $0.00 Remove condition $0.00 -�G 1985-011 `.Elliot, Robert Berkeley Rd, 1996-007 'Variance M47 P80 996-007 ;Eloise, Maureen &James Berkeley Rd, 106 R-4 $25.00 E 3/12/1996'G 2002-039 7/25/2002'),Bruno, Gerald J. Berkeley Rd, 28 R-4 lVariance&Special Permit M47 P7 $100.00 9/10/2002 iG -�S I ' tack, Kevin Berry St, 0- IR-2 (Residential Variance M106.D P50 $0.00 Z0-07-016--17 F15/2 0 0 7' 1-0/13/2006�Fiore, Margaret J., Trustee Berry Street Trust Berry St, 16 i-0-06-035 1R-3 lCommercial Variance M106.D&P33 $250.00 11/14/2006IG 1984-030 1Hamilton, F. G. Berry St, 310 iV 1R-2 !Special Permit 4.121.17 M 1 08.0 P52 i $25.00 6/18/1984 IG 2003-019 5/15/2003iMurphy, Sonja&Gerard Berry St, 338 IR-2 !Variance&Special Permit M 1 08.0 P15 --------------- $100.00 6/10/20031G 149-4--048 -ITotman Pond Limited Berry St, Lot E lVariance i $0.00 1993-026- - jTotman Road Limited Ptnership Berry Street, Lot E !Variance I $0.00 -4--Lo-4a 1989-0-83 (North Andover School Com. Between, IVariance&Special Permit $0.00 20-02-026 4/17/2002 Addonizio, Anthony F. Beverly St, 116-118 R-4 lVariance&Special Permit M9 P52- $100.00 7/9/2002 G 1982-005 1/18/1982`Jackston, Phyllis V. Beverly St, 145 IR-4 Variance 7.3 M5 P57 $25.00 2/8/1982+G 2007-002 1/17/2007 iDeLeo, Mr. &Mrs. Albert Beverly St, 145 $3 1 IR-4 Residential Var&SP M5 P57 00.00 2/20/20076 1987-012 �DiSalve, John Beverly Street, 91 Variance $0.00 1987-049 °Samaha, Donald Beverly Street, 98 Party Aggreived $0.00 1-9-93-028 lEnvironeers, Inc. Birch Way lVariance $0.00 1984-040 !Curtis Bixby j Variance $0.00 iG 20-02-044 9/11/2002baher, Kenneth E. Blue Ridge Rd, 35(Lot 23B) R-1 !Special Permit M65 103 $50.00 10/8/2002`G 1995-043 ,Vandette, Robert G. Blue Ridge Rd, 345 R-1 !Variance M65 P186 $25.00 9/12/1995 G 1992-007 1 Warren, James Blue Ridge Rd, 74 lVariance $0.00 1-99-4-0-53 -]---§i-ewart, Frank &Joanne Blue Ridge Rd, Lots 1 &2 IVariance $000 1984-029 !Christopher Blueberry Hill Lane lVariance 1 $o IG 1992-010 3/24/2005!Camuso, Mary, TR. Kricam Realty Trust Blueberry Hill Lane, 12-4 1R-3 lVariance M98.0 P26 $25.00 l 4/14/2005 IG 1984-039 Laudani, Thomas f Bonny Lane IVariance setback $0.00 benied 1990-140 1 Yu, Sewi S. Bonny Lane, 104 lVariance - $0.00 2007-013 6/14/2007:Bonny Realty Trust, Amy F. Constantino, Trustee Bonny Lane, 12(L-1) R-1 W lResidential Variance 4.136 M62 P41 $150.00 198-8-094 l (Carroll, Joseph Booth &Saville Sts. __ _ Variance 1 $0.00 1995-002 1S &S Builders, Inc. Booth St, Lots 66,67,68,113,114,115 !Party Aggrieved M98.D $25.00 �985-064 !Dunn, Charles E. &Joan V. Boston St, lVariance ------- 1984-033 1 ,Johnston, Donald Boston St, 1 !Special Permit $0.00 !Denied Page 1 Page 2 Page 3 Town of North Andover, MA - CANCELED -Zoning Board of Appeals Meeting Page 1 of 1 y a P. man= VfN� IIS . lieu a . CANCELED - Zoning Board of Appeals (*- Site This Folder Meeting Search Advanced Search Tuesday, July 10, 2007 at 7:00 PM Town Hall Meeting Room * Iii 1 t iii, Printer-Friendly Version ZONING BOARD OF APPEALS MEETING NOTICE 'Boards&Commissions ALL AGENDA ITEMS SCHEDULED FOR THE REGUARLY SCHEDULED ZBA MEETING OF JULY 10th CANNOT BE HEARD, AS A QUORUM CANNOT BE REACHED. 1 Subscribe to News , ALL AGENDA ITEMS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED µ,nm MEETING OF TUESDAY AUGUST 14TH AT 7:00 P.M. AT TOWN HALL 2nd FLOOR CONFERENCE ROOM. Adolr Reader•�o r=F THE ZBA AND STAFF APOLOGIZE FOR ANY ?,.Virtual Town Halle INCONVENIENCE. ����" Municipal Sties virla�Cl�rm6alLsat North Andover Town Offices 120 Main Street.North Andover,MA 01845 Phone:(978)688-9501 http://www.townofnorthandover.com/Pages/NAndoverMA Calendar/SOOFBE47D-OOFBE... 7/10/2007 Page I of 1 Glennon, Michel From: Atty.Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Tuesday, July 03, 2007 8:16 AM To: Brown, Gerald; Glennon, Michel; Albert P. Manzi III Subject: bonny lane Gerry.............With respect to Atty. Bornstien's matter for Bonny Lane, I allowed the matter to be placed on the July 10th ZBA agenda pursuant to "other administrative denial" as referenced within the ZBA rules and regulations as it relates to the Planning Board decision. APM III, Chairman Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 7/3/2007 JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier. (978)475-6703 www.ibllclaw.com MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KAREN L. BUSSELL ANNA R. VERGADOS(MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) June 26, 2007 Zoning Board of Appeals c/o Michell Glennon, Secretary Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Applicant: Amy Constantino, Trustee of Bonny Realty Trust Property: 12 Bonny Lane, North Andover, MA (Assessors Map 62, Lot 41) Application: Variance from Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw Dear Mich: As you requested, enclosed please find a copy of the Deed for this property, 12 Bonny Lane, conveying the parcel to the current owner and applicant, Bonny Realty Trust. That deed is dated April 29, 1987, and was recorded on May 1, 1987. I have also enclosed a copy of the Hardt Court Estates Subdivision plan by which the 12 Bonny Lane property was first laid out. As noted in the deed, the parcel conveyed by the deed was Lot 1 of the Hardt Court Estates Subdivision. Would you please see that these documents are included in the Zoning Board's file on this matter? Although the notice recently issued by the Board for the hearing on this matter states that the relief requested includes variances for lot frontages and lot area, I believe the enclosed documents demonstrate that applicable lot area and lot frontage requirements are those that were in effect on April 29, 1987, making the property a legal, "grandfathered" lot. Should there be JUN 2 7 LUU I LJ FANew-Docslconstantino,amy106-273.212 bonny lane,no.andover,ma-zbalzba Itr 06-26-07.DOC BOARD OF APPEALS -007-o l 3 g x +--� Zoning Board of Appeals c/o Michell Glennon, Secretary Town of North Andover June 26, 2007 Page 2 any questions on that issue in advance of the Board's hearing on this matter, I would be happy to discuss them. FYI, this issue was also addressed during the proceedings before the Planning Board concerning the Watershed Special Permit issued for the property. Thank you for your attention in this regard. Very truly yours, JOHNSON & BORENSTEIN, LLC Tonald F. orenstein DFB/dms Enclosures cc: Amy Constantino, Trustee of Bonny Realty Trust Woody Cammett, PE FMew-Docslconstantino,amy106-273.212 bonny lane,no.andover,ma-zbalzba Itr 06-26-07.DOC JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 www.jbllclaw.com MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KAREN L. BUSSELL ANNA R. VERGADOS(MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) June 13, 2007 VIA HAND DELIVERY Mitchell Glennon, Secretary Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Applicant: Amy Constantino, Trustee of Bonny Realty Trust Property: 12 Bonny Lane, North Andover, MA (Assessors Map 62, Lot 41) Application: Variance from Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw Dear Ms. Glennon: Enclosed in connection with the above-referenced Variance Application, please find the following: 1. Variance Application with the following attachments (original and 10 copies). a. Variance Memorandum; b. Planning Board Watershed Protection District Special Permit Decision dated March 12, 2007; C. Watershed Protection District Bylaw; d. North Andover Conservation Commission Order of Conditions dated May 10, 2007; D 2 v JUN 14 cuu I D BOARD OF APPEALS Mitchell Glennon, Secretary Zoning Board of Appeals Town of North Andover June 13, 2007 Page 2 2. Variance Plan (Mylar, one full-sized paper copy and ten 11x17 paper copies); 3. Certified Abutters List; 4. Eleven First Class Stamps; 5. Four sets of abutters mailing labels; 6. Check for mailing costs of$57.31, made payable to "Town of North Andover 9022-1760-4841"; and 7. Filing fee check payable to the Town of North Andover in the amount of$150.00. Please note that the requested variance is specifically required by Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw and is a condition of the Planning Board's Watershed Special Permit decision darted March 12, 2007, and is not sought as a result of any building permit application rejection by the Building Inspector. Would you please now file this application in your usual manner, returning copies bearing the stamped receipt of the Zoning Board of Appeals and the Town Clerk's Office? We have enclosed two additional copies of the Variance Application for that purpose. Would you also please see that this is placed on the Board's Agenda for public hearing at their next available public meeting session (which I believe to be July 10, 2007) and that notice of same be duly issued. Should you need anything further from the Applicant or my office, please do no hesitate to contact me. Thank you in advance for your usual cooperation, courtesy and attention to this application. Very truly yours, JOHNSON & BORENSTE LLC Donald F. Borenstem DFB/dms Enclosures cc: Amy Constantino, Trustee of Bonny Realty Trust Woody Cammett, P.E., Cammett Engineering Greg Hochmuth, Neve/Morin Group i ;.� O'W', F OEIVED rr 2001 JUN f 4 AH 4: U5 J TOWN OF NORTH ANDOVER VARIAE ,f�-; ZONING BOARD OF.APPEALS NORT11 AP+D � , 11ASSA�a NAME: Bonny Realty Trust, Amy F. Constantino, Trustee ADDRESS OF APPEAL: 1`2 Bonny Lane, North Andover, MA Town C'erk Time Sta;np i Procedure Requirements for an Application for a Variance Ten(10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as ineom ete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper, The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner_ STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4; OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk, a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, :.81 Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building 'he Zoning Board of Appeals secretary. Department. WORTANT PHONE NUMBERS: )78.-AM8-9533 -Office of community Dev. i orth Andover Town mall 1800 Osgood Street, 120 Main Street North Andover, °IAA 41845 978-888-9501 _town Cleric's i'.iffice ax for Coritmunity Developirent -ff!ces 978-688-9566 assessor's Office 8�� 5L5 !ding Department �• - D ) 812 11 !ng Do:ard of"ppeals, 1rce ?AGE 1 -314 JUN 14 'LOU/ BOARD OF APPEALS 4 1 PAGE 2 OF 4 ` NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Blease complete all items 1 -10 below: -l. Petitioner: *Name, *Address and telephone number: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Road, North Andover, MA 01845 (978) 683-7105 `The petitioner shall be entered on the legal notice and the decision as entered above. 1 Owners of land: Name, Address, telephone number, and number of years under this ownership: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Road, North Andover, MA 01845 (978) 683-7105 Years Owned Land: 19 3. Location of Property: a. Street: 12 Bonny Lane zoning District: Residence 1 b. Assessors: Map number: 62 Lot Number: 41 c. Registry of Deeds: Book Number: 2483 Page Number: 243 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 4. 136.3.c.ii.3 (Permanent Structure within Watershed Protection District Non-Disturbance Buffer Zone) . 'Refer to the Zoning Bylaw Denial and Plan Review Narrative,form as supplied by the Building Commissioner. S. Describe the Variance request: The Applicant requests a variance under Bylaw Section 4. 136.3.c.ii.3 to allow the construction of a permanent structure within the Watershed Protection District Non-Disturbance Buffer Zone located 64 feet from the edge of a wetlands resource area. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page d,section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A* % g % * The Applicant requests a variance under Bylaw Section 4. 136.3.c.ii.3 to allow the construction of a permanent structure within the Watershed Protection District Non-Disturbance Buffer Zone located 64 feet from the edge of a wetlands resource area, where 100 feet is otherwise required. ` ^ �*�L0��0 �@0�8���� NK���1 ANDOVER ZONING BOA��D ��F ��PPE��L�� aK�p0^cat^��n for a ������N��N�W��D� 6 L1. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. 3q. Fi. Coverage Feet Spaces Front Side Side Rear | \ 43,655. _l«/A0 150 30 30 20 30 (5 G. Proposed Lot(s). Lot Area Open Space Percent Lot Frontage Parking Minimum ot3mtbaoh � Sq. R. Sq. Ft. Coverage Feet Spaces Front Side Side 8 Rea, i � 43,655 0/& N/A 150 N/A ]O 30 ]O 30 ` ! ----- -----' ----- ---- ---- --�- ---- ---- ---- ! 6 ��' 8�e«�uimm�� Lot: p`sroquiradbyZon�8By�w&Tobe�>� pTem'sea held in isolated ownership since � *' 2�/o/, current requirements not applicable. Lot Area Open Space Percent Lot Frontage Parking Niinimumu� 8��bach ' � Sn FL Sq. R. Coverage Feet Spaces Front Side Side 8 Rear � � j 87,12{} _-N/A _ly/A _-175- NIA. _3{}-- 30_ _-30- _�X�- 8pnlicable requirements in effect until 11/27/87 are 150` frontage and l acre "Lot area. 7A. Existing Building(s). Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" o[Unita^° NIA *Reference Uses from the Zoning Bylaw&Table i. "State number oyunits inbui|ding(o). 7B' Pmmpu»sedBuiUdUmg(s): Ground Floor Number of Height Total Use^ Number Square feet. Floors Sq. feet Building' vfUndn^" 1775 2.5 K35 3550 single family id i l i ) *Reference Uses from the Zoning Bylaw& Table 1. � -State number nfunits in building(s). 8' Petitioner and Landowner signature(s): Every application fbreVmhuncoohu||bumadeonthinhonn.wh)uhthe official form ofthe Zoning Board ofAppeals Every application shalt befiled with the Town Clerk's Office. Ushalt bethe responsibility ofthe petitioner tufurnish all uupp~"supporting documentation with this application. The dated copy cf this application received bythe Town Clerk orthe Zoning Board of Appeals | ddoo not absolve the applicant from this responsibility. The petitioner shall beresponsible for all expenses for filing ^~and legal | notification. Failure tncomply with application requirements, aocited ho/eiy~'~ n and in Board Rules and Regulations may result in a dismissal by the 70ning Board of this application as incomplete. ` N°a,M Zoning Bylaw Review Form °` ••°_ •'" Town Of North Andover Building Department �• 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 sACHUPhone 978-688-9545 Fax 978-688-9542 Street: 12 Bonny Lane Ma /Lot: 62141 Applicant: Amy Constantino,Trustee Bonny Realty Trust Request: construct a single family dwelling Date: 6-29-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-1 &Watershed Protection District Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed X j Sign NA 3 Lot prior to 10/24/94 X 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 1 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# I Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 & Lot Area F-1 Street Frontage Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Sign Variance Continuing Care Retirement Special Permit D-2 4.136.3.c.11.3 Variance Independent Elderly Housing Special Permit Special Permits Zoning Board Large Estate Condo Special Permit Special Permit Non-Conforming Use ZBA Planned Development District Special Earth Removal Special Permit ZBA Permit Planned Residential Special Permit I Special Permit Use not Listed but Similar R-6 Density Special Permit Special Permit for 2 Unit Watershed Special Permit X Supply Additional Information=no building tans The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any Inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must fil2a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Apication Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: RevievV$ 12easonsfor,Detu�l`&` ylwwayy.wRefernae tit F�1'til��ef11 �y��"�,��.J�§f•��,rye ��`'�°'� �°4'��a a�+°t���� ���� �a� t �ru�� �+�I�' a'}3�y�'�'�i'�'� su f' B-4&D-2 12 Bonny Lane has received the required Watershed Special Permit,dated March 12,2007,from the Planning Board per Section 4.136 of the Zoning Bylaw. 12 Bonny Lane has received an Order of Conditions,NACC#29,from the Conservation Commission. D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in order to construct a new permanent structure in the Non-Disturbance Buffer Zone. A-1 &F-1 Variance from Section 7,Paragraphs 7.1 (Lot Area)and 7.2(Street Frontage) may be required from the Zoning Board of Appeals in order to construct a single family dwelling on Map 62,Parcel 41, 12 Bonny Lane(L-1). Please note: if Variance is granted,then the single family dwelling's footprint must be identical to the building footprint as shown on the Plan of Land cited in the decision. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: e ymg .ReTer.��1,�i .�� B-4&D-2 12 Bonny Lane has received the required Watershed Special Permit,dated March 12,2007,from the Planning Board per Section 4.136 of the Zoning Bylaw. 12 Bonny Lane has received an Order of Conditions,NACC#29,from the Conservation Commission. D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in order to construct a new permanent structure in the Non-Disturbance Buffer Zone. A-1 &F-1 Variance from Section 7,Paragraphs 7.1 (Lot Area)and 7.2(Street Frontage) may be required from the Zoning Board of Appeals in order to construct a single family dwelling on Map 62,Parcel 41, 12 Bonny Lane(L-1). Please note: if Variance is granted,then the single family dwelling's footprint must be identical to the building footprint as shown on the Plan of Land cited in the decision. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDINGDEPT ZoningBylawDerda12000 JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 www.ibilclaw.com MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KAREN L. BUSSELL ANNA R. VERGADOS(MA,NH) DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) June 13, 2007 VIA HAND DELIVERY Mitchell Glennon, Secretary Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Applicant: Amy Constantino, Trustee of Bonny Realty Trust Property: 12 Bonny Lane, North Andover, MA (Assessors Map 62, Lot 41) Application: Variance from Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw Dear Ms. Glennon: Enclosed in connection with the above-referenced Variance Application, please find the following: 1. Variance Application with the following attachments (original and 10 copies). a. Variance Memorandum; b. Planning Board Watershed Protection District Special Permit Decision dated March 12, 2007; C. Watershed Protection District Bylaw; d. North Andover Conservation Commission iOrder of Conditions dated May 10, 2007; i Mitchell Glennon, Secretary Zoning Board of Appeals Town of North Andover June 13, 2007 Page 2 2. Variance Plan (Mylar, one full-sized paper copy and ten 11x17 paper copies); 3. Certified Abutters List; 4. Eleven First Class Stamps; 5. Four sets of abutters mailing labels; 6. Check for mailing costs of$57.31, made payable to "Town of North Andover #022-1760-4841"; and 7. Filing fee check payable to the Town of North Andover in the amount of$150.00. Please note that the requested variance is specifically required by Section 4.136.3.c.ii.3 of the Watershed Protection District Bylaw and is a condition of the Planning Board's Watershed Special Permit decision darted March 12, 2007, and is not sought as a result of any building permit application rejection by the Building Inspector. Would you please now file this application in your usual manner, returning copies bearing the stamped receipt of the Zoning Board of Appeals and the Town Clerk's Office? We have enclosed two additional copies of the Variance Application for that purpose. Would you also please see that this is placed on the Board's Agenda for public hearing at their next available public meeting session (which I believe to be July 10, 2007) and that notice of same be duly issued. Should you need anything further from the Applicant or my office, please do no hesitate to contact me. Thank you in advance for your usual cooperation, courtesy and attention to this application. Very truly yours, JOHNSON & BORENSTE LLC Donald F. Borenstein DFB/dms Enclosures cc: Amy Constantino, Trustee of Bonny Realty Trust Woody Cammett, P.E., Cammett Engineering Greg Hochmuth, Neve/Morin Group TO: Town of North Andover Zoning Board of Appeals FROM: Bonny Realty Trust, Amy F. Constantino, Trustee 70 Pine Ridge Rd. N. Andover, MA 01845 DATE: 6/13/07 SUBJECT: Variance Section 9–Variance Application, points A-F A. The Applicant proposes to construct one, single-family residence. B. The Town's Watershed Protection District Bylaw only allows construction of a new permanent structure within the Non-Disturbance Buffer Zone upon the grant of a variance by the Zoning Board of Appeals. See attached Zoning Bylaw § 4.136.3.c.ii.(3). The circumstances of the Premises, including the soil conditions, lot shape, topography, and wetlands position and the resulting locations of the Non-disturbance Buffer Zone, are unique to this lot. C. Due to the unique circumstances described above, the proposed house location— within the Non-Disturbance Buffer Zone—is the most advantageous location for the home on Premises, as it minimizes impervious area, reduces and minimizes any potential negative impacts to the Lake Cochichewick watershed, and reduces unnecessary paving and site development expenses. Furthermore, this proposed house location is consistent within the existing neighborhood. For these reasons, it would be a substantial hardship to require the literal enforcement of the Non- Disturbance Buffer Zone. D. Both the Planning Board and the Conservation Commission have indicated a preference for the proposed house location being within the Non-Disturbance Buffer Zone, and have, respectively, issued a Watershed Special Permit and Wetlands Order of Conditions approving the proposed location and the improvement of the Premises with a single-family home. Please see attached. E. The Premises complies with all other applicable requirements of the Zoning Bylaw. A house location outside of the Non-Disturbance Buffer Zone would increase impervious area, whereas the proposed location of the house is consistent with the intent and purpose of the Watershed District Bylaw, which is to minimize and eliminate negative impacts on the Lake Cochichewick watershed. The Applicant's water quality analysis, submitted and reviewed by the Planning Board and Conservation Commission and their respective experts confirms the proposed house location is the most advantageous and consistent with the purpose and intent of the Watershed Protection Bylaw. F. NA 40. 90C - - x a T — c — 7.10 ac 9 a 73 1.77 ac / / 25 23 / y 1 5.56 ac J /^ 26 g3�7sf 59 ,% s 1.334 ac AQ/� '"a7 a ,A ' 60 O `� 24 4 1.333 ac S7,q. 566 8c 71 / 27 4c. 1.333 ac 1.07 ac to 99 fA B 20 C A s� 1.Q ac 79pA 7.326 acA' "//J70N 1.0 80 81 5 M F 21 TeA. 1.0 ec 1.0 ac 82 x� O . 1.0277 a 28 14Z 1.0,c $IZ I 43,576 sf e Z A 74 'Q I 29 98 83 F— B 1.0 ac „I 45,336 st 1.74 ac �. 92 7.0- CL 75 B 76 I$ 30 93 1OacW 97 1.0 ac 5 Qay 1,0 xc w 6.26 ac 1.0 ac m 45,530 sf O 1.o ac 91 6A c 1 / 31 4A 85 15 a., 1.0 46.206 ac 1.02ac o s1 96 90 9AA 77 3s4• 1.31 ac �e 94 1.0 ac D 86 1.00ac a/ %/ ue• ' K 2.638 ac 11 ,'t£ 1.03 ac ,0B 9A 89 a R Vim/ 33 1.0 ac 88 87 16 /51.062 st 32 , lac 1.0ac 2.26 ac. - 1.01 ac 41 84,283 sf 10 11A 68.900.f IGFRA 59.595 sf fA 1.476 ac �{$- s Q 43,654 st 95 HA ANN)' 42 1.679 ac 49 34 w,� � yt. TA ,19 ,e 53.172 sf / 12A43,376sf . ,�$ ti ��' N 47 50 3A 5 ep m� 1 5n a ^w 63,266.f 3 45,649 sf 43 4 0 5Ayh' 45 36 ac 46 / ,1 58 44 45,356 sf 19c ,sr 's4' R 51 LANE 17 61.544 st 14. 37 158 17C14a ;5T 145 52 45,217st 3813 5 5 4 7 58,e92 sf 2.t ac 56 55 664 53 ro7 7.4 ac 65,212 st 67,360 sf 65,212 sf )ND a" 1.745 sT Lake Cochichewick f S FISCAL 2001 MAPS DRAWN BY FRANK S. GILES,P.L.S. MEASUREMENTS ARE SCALED ONLY NOT FOVURVEY PURPOSE. 62 L 8812488 f • E. Haffner Fournier and Joanne. D. Fournier, husband and wife, ;� 3 as tenants by the entirety Of Bonny Lane, North Andover, Essex County,Masuchustu is ootttideratioa of less than One Hundred ($100) dollars punt to Reginald L. Marden Trustee of bonny Realty Trust under Declaration of Trust Anted April 28; .1987 and recorded herewith o! 23 Central Street, Andover, Essex Count ith gstttetxtm cttbinanfa u10 land In North Andover, Essex County, Massachusetts, situated ou the southeasterly side of Bonny Lane, North Andover, Massachusets I and shown as Lot l'on Sheet 2 of 3 o a plan entitled "Definitive Plan of Hardt Court .Estates, located in North Andover, Massachusetts" owner and applicant: John Warlick; Frank C. Galindo and Associates, Engineers and Architects; Scale: I" • 40' date: January 10, 1979 \ and recorded with Essex North district Registry of Deeds as Plan i. No. 8223. Said premises are more particularly bounded and described as follows: NORTHERLY: in two courses of 204.27 feet and 103.00 feet ' respectively by _land now or formerly of Warliek; SOUTHEASTERLY: 135.19 feet by land now or formerly of Warlick= SOUTHERLYt 336.17 feet by land now or formerly of Warlick and Lot 2 as shown on said plan; NORTHWESTERLY: in two courses by the curved sideline of Bonny Lane 108.03 feet and 41.97 feet respectively. Lot. 1 contains 43,654 square feet according to said plan. 1 SU&TECT TO THE RESTRICTIONS AND RASRMENTR DESCRIBED ;N A DEED FROM i JOHN W. WARLICK TO ANDREW F. SHEA DATED DECEMBER 24, 1980 AND RECORDED IN BOOK 1478, PAGE 273, AND BEING THE SAME PREMISES CONVEYED f TO THE GRANTOR HEREIN BY SAID DEED OF ANDREW-F. SHEA., RECORDED IN THE ESSEX NORTH REGISTRY OF DEEDS, DATED SEPTEMBER 1983 AND 4 RECORDED AT BOOK 17oe , PAGE 41p EawwW u a smW issummeat this -7f4t ay of AprilE. 19$7 a. nern Fournier Joanne D. Fournier i. tqe cam"0111114 of Pos"dtaafts i Essex w April J,r 1087 TM pwn"4 4"W"tM Na,a"nod E. Haffner Fourneir and Joanne D. i Fournier w mkwoLdpd tw hmplas iatttaauat to be their IltAtr�art x•t.,arse My someAslon P*u 19 Recorded May 1,1987 at 12=5PM. 013239 . D . JUN 2 7 BOARD OF APPEALS '-- �� t�Ji82z3 l t✓`l1iL-t,Cnl u 93,19V 43°J'a If 6 li( \ 6cLL-E Iw Cyer':1'•!'400' � 7 \ re Ju.IN kvn¢ue�L \ TYtPsl_E OF } u F 1.1 n Q \\ + :6owuYlul�-:+.o-�wW,.s-I —u�_..�;. ✓.vOYM(r aJJ� \ �•, Y 24 Cou+ir¢vG-clur-�Os�uLS 1f�- t_»�I+Ba.sir.:�•`n tRCH pQ41Ai �� \� �i�a4T+9e.R�mC wylc VT¢vcTUKe. ^ wWJlwu. StiFev 4 toJ lF.4cWtiL r ��\ \ 94cw,a,-e F'oc¢eGo¢uwlb , ❑ F % \ �\ T 1 m / I f� ro .�..-lo•s-.c �w.•�..w �(f lI• V 7 %/ 1� 7 I •.`�� 7 +PAer�c�����ns a¢o ¢c el4¢T�+raww 4+.s4u. uu�. r,c r,1o¢�w •v M+Nr+Mrt• o - ¢ kve._v�n./o v R- 1 Is � 14 ' •-- -? -- — — �r.-k {�R" �R' +"` .-.. ...�Fps e1.�.,v,,.. - := w:. .`_. LAKE 7 TWIT EhE% Selo/rf/N 4T ++e:Waw— {]E€i1Ji-'f1�/E PI.AIIJ G?G HA.42:DT GPueT ES'G'ATES a4Tc.�..,.:m,,e�� AlE7QTN A. u' r[.,4MA55Ac.WU3E,Tr5 Suers ioFs OWN�p�.3-F i'L14:d.1T� Jolar,'Vd42L1G{C 6-X U6 WO.&tJGOV FSS -_•'`';_.",, MA:�.in,r!-IVSETTS � I Gecrakc.C3eurkns�6ss©c.ln.-res <<�,nN�..elz 5T E1.K ir1EEK�OtzclJ,Tec-t's hio.nNvovEe.MnsS. IF JUN 2 7 M7 BOARD OF APPEALS ____ r _ �-----------------_ Y• i i, /d •eo�.� Lo-r._? 14 �•5''.L :1 0% tee' �-+C�T�.(w ti' -•.` a;es�sFz 7 \ e JUN 2 7 2007 D BOARD OF APPEALS j` Z - -- ^� Lo N Lar io I L 5 it I �o o I Lo$�8 6?�604c! %r♦ HT,9']t',F'= �� �tE647C!. \ 59.09G 7c� P��r" �� ti �V JUN 2 7 2001 D BOARD OF APPEALS IV*ED ,► f �. b .ams.. . • .. 4�s,...►"��+ 'BCH 1001 KIR 14 ►;f. I0: 59 PLANNING DEPARTMENT Community Development,oivision 16W Osgood Street is 54 North Andover,Massachusetts,01845 Phone:978-688.9535 Fax: 978.688.9542 NOTICE OF DECISION . Any appeal shall be filed within(20)days after-the date of'fi ng this notice in the office of the Town ClerlL Date: March 12,2007 Date of Hearing: October 17,2006,January 20,2.007 Date of Decision: March 6,2007 Petition of: Horny Realty Trust-Amy C-oestantim,Trustee 7frP1sa F"W Road North Andover,MA 01845 Premises Affected: 12 Bonny Lane,North Andover,MA 01845,Map 62,Parcel 41,within the R-1 zoning district. Referring to the above petition for a Watershed Special Permit from tine requirements of the North Andover Zoning Bylaw,Section 4.136.3(cii),(11(2),(5)&(6). So as to allow:.to construct a proposed 3,950 s.f single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping 60 feet from a delineated wetland resource area within the Non-Disturbance buffer zone of the District. Watershed protection After a public bearing given on the above date, and upon a motion by Richard Rowen and 2'd by Jennifer Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions.Vote was in favor of the application. Voting members: R Rowen, A Angles, J. Kusek, R Nardella, 4-0. 1. Simons and T.Seibert did not vote the motion. On behalf of the North An er Planning Board Richard Nardella,Chairman Alberto Angles,acting Clerk Richard Rowen Jennifer Kusek cc: Town Departments Applicant Engineer Abutters 1 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f.Single-Family Residence The public hearing on the above referenced application was opened on October 17,2006 and closed by the North Andover Planning Board on March 6, 2007. On March 6, 2007, upon a motion made by Richard Rowen and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to construct a 3,950 s.f single-family residence with attached garage, 110+ foot driveway, installation of underground utilities, and associated grading and landscaping approximately 60 feet from a delineated wetland resource area with the Non-Disturbance buffer zone of the Watershed Protection District. The proposed single-family residence is located at 12 Bonny Lane, North Andover, Massachusetts, 01845, Assessors Map 62, Parcel 41 and is located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw.This Special Permit was requested by Bonny Realty Trust-Amy Constantino,Trustee,70 Pine Ridge Road,North Andover, MA 01845. The applicant submitted a complete application,which was noticed on October 17, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1979 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. This lot was transferred into separate ownership in 1997. The Planning Board voted on the motion in favor of the Special Permit. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right, under MGL Chapter 40A, Section I7,to appeal to this decision within twenty days atter the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: I) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed single-family residence will be connected to the Town sewer and water systems from Bonny Lane; b) The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further,construction of the proposed stormwater management measures(Rooftop infiltration trench) and erosion control measures will use Best Management and Engineering Practices and not substantial ly aher the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence and driveway as shown on the plan;and d) The construction of the single-family residence and stormwater management plan has been reviewed by the Town's outside consultant and Town Planner and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence 2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any discharge,structure.or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential I Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of Appeals granting a Variance from Section 4, Paragraph 4.136(3)(cxiiXof the Zoning Bylaw to allow the construction of the single-family residence (permanent structure) 60 feet from an isolated wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior To Any Work On Site: a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered'to the Planning Department, 3 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f.Single-Family Residence b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325 feet of Lake Cochichewick or within 325 feet of wetland resource areas.The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control 10)This special permit was issued on March 6, 2007, however, this Special Permit shall be deemed to have lapsed after a two(2) year period on March 6, 2009 unless substantial use or construction has commenced. 11)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed District Special Permit Plan Preferred Site Layout Single Family Dwelling Bonny Lane North Andover,MA 01845 Prepared for: Bonny Realty Trust Amy F.Constantino 70 Pine Ridge Road North Andover,MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury,MA Scale: 1"=20 feet 4 12 Bonny Lane Map 62,Parcel 41 Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence Date: July 10,2006, Revised 1/9/07 Sheets: I Report titled: Stormwater Analysis Project 406013 Bonny Lane North Andover, MA 01845 Prepared for. Bonny Realty Trust Amy Constantino 70 Pine Ridge Road North Andover,MA 01845 Prepared by: Cammett Engineering 297 Elm Street,Amesbury,MA Date: September 14,2006 5 4.136 Watershed Protection District 1. Purpose a. The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this Zoning Bylaw. The requirements enumerated hereafter for this Watershed Protection District shall be in addition to,rather than in place of,the requirements of such other districts. b. The Watershed Protection District surrounds Lake Cochichewick,the Town's sole source of public drinking water supply. Regulations within the District are intended to preserve the purity of the ground water, the lake, and its tributaries; to maintain the ground water table; and to maintain the filtration and purification functions of the land; while conserving the natural environment;and protecting the,public health,safety and welfare. C. The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for the Town of North Andover, is a comprehensive study of the lake and its watershed. The Watershed Protection District is a portion of the I.E.P. study's recommended management plan. Copies of the I.E.P.report are available in the Planning Board Office. d. The Special Permit Granting Authority (SPGA) under this Bylaw shall be the Planning Board. 2. Boundaries and Zones a. The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (August 1987), Attachment 1, dated August 1985, prepared by I.E.P., Inc. for the Town of North Andover. This plan is hereby made a part of this Bylaw and is on file in the Office of the Town Clerk. b. The Watershed Protection District shall be divided into four zones. The uses and building requirements for each zone will vary according to its proximity to the Lake and wetland resource areas. The Zones are as follows: i. General: There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. ii. Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet.and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. iii. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five(75) feet and one hundred fifty (150) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. 44 iv. Conservation: There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131,Section 40,and the Town Wetland Bylaw)located within the Watershed. C. In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots,the SPGA shall,at the request of the owner of such lot or lots, engage a Registered Professional Engineer to advise it in determining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such Engineer. Upon completion of the Engineer's report to the SPGA,the SPGA shall hold a hearing to make a final determination of such boundaries. At such hearing,such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the contrary. d. When the Watershed Protection District boundary divides a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this Bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems, shall be located outside of the District to the extent feasible. e. The provisions relating to the Conservation Zone shall not apply to any activities undertaken by the Division of Public Works. f. The provisions relating to the establishment of the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or registered after the date of the enactment of this amendment (October 24, 1994). (1994/1 STM). Table 1 -Lots created after October 24, 1994 Conservation Non-Disturbance Non-Discharge From Annual High Water Mark of Lake Cochichewick to 150' 250' 400' From Edge of All Wetland Resource Areas Within the Watershed District to 75' 150' 400' Table 2-Lots created on or prior to October 24, 1994 Non-Disturbance Non-Discharge From Annual High Water Mark of Lake Cochichewick to 250' 325' From Edge of All Wetland Resource Areas Within the Watershed District to 100' 325' 45 3. Uses and Building Requirements a. General Zone There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. i. AIlowed Uses: The following uses shall be allowed in the General Zone of the Watershed Protection District as itemized below: (1) All permitted uses allowed in Section 4.121 "Permitted Uses Residence 1,2, and 3 District"of the Zoning Bylaw. (2) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. (3) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (4) Maintenance of fire access lanes by the Fire Department. (5) All agricultural uses, providing that such uses exercise Best Management Practices and be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands. ii. Uses Allowed by Special Permit: The following uses may be allowed in the General Protection District b the granting of a Special Permit issued Zone of the Watershed Prot p Y �' g pursuant to Section 4 of the Watershed Protection District Bylaw: (1) Golf courses,public or private with Best Management Practices. (2) Any other use not provided for elsewhere in this Section. (3) A commercial kitchen on public sewer. iii. Prohibited Uses: The following uses are specifically prohibited within the General Zone of the Watershed Protection District: (1) Any solid waste facility as defined by M.G.L.Chapter 111,Section 150A. (2) Municipal sewage treatment facility, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the District. (3) Privately owned waste water treatment plants. (4) Road salt or other deicing stockpiles. (5) Underground tanks or collection pits for storage of fuel or hazardous materials including any tanks or collection pits partially below mean ground elevation but excluding any tanks located completely within a building otherwise permitted under this Section. (6) Dumping of snow from outside the District. (7) Motor vehicle salvage operations and junk yards. (8) Car washes. (9) Self-service laundries,unless connected to public sewer. (10) Airplanes, boat, or motor vehicle service and repair establishments (including auto body shops). (11) Metal plating,finishing or polishing. (12) Chemical and bacteriological laboratories. (13) Electronic circuit assembly. (14) Hotels,or motels,unless connected to public sewer. (l 5) Painting,wood preserving and furniture stripping establishments. (16) Photographic processing establishments. 46 (17) Printing establishments. (18) Dry Cleaning establishments. (19) Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with household or existing agricultural use. (20) Commercial cabinet or furniture making. (21) Commercial storage or sale of petroleum or other refined petroleum. (22) Commercial manufacture, storage, use, transportation or disposal of any substance of such physical, chemical or infectious characteristics as to pose a significant, actual or potential,hazard to water supplies,or other hazard to human health if such substance or mixture were discharged onto land or waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, and alkalis, and all substances defined as Toxic or Hazardous under M.G.L. Chapter 21C and Chapter 21E and the regulations promulgated thereunder, and also including pesticides,herbicides,solvents and thinners. (23) Restaurants unless connected to public sewer. (24) Commercial kitchens unless connected to public sewer. iv. Building R_eguirements: All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table;and to maintain the filtration and purification functions of the land. b. Non-Discharge Buffer Zone There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below: ii. Uses Allowed by Special Permit: The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting of a Special Permit issued pursuant to Section 4 of this Watershed Protection District Bylaw: (1) Any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. All storm water management systems shall employ Best Management Practices. iii. Prohibited Uses: The following uses are specifically prohibited within the Non- Discharge Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) The use, or method of application of, any lawn care or garden product (fertilizer,pesticide,herbicide)that may contribute to the degradation of the public water supply. (3) The use of lawn care or garden products that are not organic or slow-release nitrogen. 47 iv. Building Requirements: All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table;and to maintain the filtration and purification functions of the land. C. Non-Disturbance Buffer Zone There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty (150) feet horizontally from the edge of all wetland resource areas(as defined in M.G.L.Chapter 131, Section 40,and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted below. ii. Uses Allowed by Special Permit: The following uses shall be allowed within the Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection District Bylaw: (1) Any activities which cause a change in topography or grade. (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3) Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4) Replacement of any permanent structure. (5) Any surface or sub-surface discharge, including but not limited to, stormwater runoff, drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales;outlets of all detention ponds. (6) Construction of any accessory structure or expansion of any existing structure by less than twenty five (25)percent of the gross floor area of the existing structure. (1994/1 STM) iii. Prohibited Uses: The following uses are specifically prohibited within the Non- Disturbance Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system. (3) Construction of any new permanent structure, or expansion of an existing structure by twenty-five (25)percent or more of the gross floor area of the existing structure. (4) The use, or method of application of, any lawn care or garden product (fertilizer,pesticide, herbicide)that may contribute to the degradation of the public water supply. (5) The use of lawn care or garden products that are not organic or slow-release nitrogen. iv. Building Requirements: All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table;and to maintain the filtration and purification functions of the land. 48 d. Conservation Zone There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40,and the Town Wetland Bylaw)located within the Watershed. i. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below: (1) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. (2) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (3) Maintenance of fire access lanes by the Fire Department. ii. Uses Allowed by Special Permit: No Special Permits will be granted in the Conservation Zone. iii. Prohibited Uses:The following uses are specifically prohibited within the Conservation Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) Any activities which cause a change in topography or grade; (3) Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscape area; (4) Construction or placement of any new permanent structures; (5) Any surface or subsurface drainage, including, but not limited to, stormwater runoff, (6) Animal feedlots or the storage of manure; (7) Construction of any septic system. (8) Construction of any accessory structure or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. (9) The use, or method of application of, any lawn care or garden product (fertilizer,pesticide,herbicide)that may contribute to the degradation of the public water supply. (10) The use of lawn care or garden products that are not organic or slow-release nitrogen. The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system.(1994/1 STM) 49 4. Special Permit Requirements a. Nine (9) copies of an application for a Special Permit under this Section shall be filed with the SPGA. Special Permits shall be granted if the SPGA determines that the intent of the Bylaw,as well as its specific criteria, are met. In making such determination the SPGA shall give consideration to simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed. b. Upon receipt of a Special Permit Application, the SPGA shall transmit one (1) copy of each to the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and Community Development, Conservation Commission, the Board of Health, and the Watershed Council for their written recommendations. Failure to respond in writing within thirty(30)days shall indicate approval or no desire to comment by said agency. C. An application for a Special Permit under this Section shall include the following information: i. Application Form for a Special Permit from the Planning Board. ii. Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered Professional Engineer or Surveyor showing: (1) the annual mean high water mark of Lake Cochichewick (if annual mean high water mark is within four hundred(400)feet of any proposed activity, (2) the edge of all wetland resource areas, as confirmed by the Conservation Commission (if edge of wetland resource area is within four hundred (400) feet of any proposed activity), (3) the conservation zone, (4) the non-disturbance zone, (5) the non-discharge zone, (6) the edge of vegetation.clearing(edge of work). iii. Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology,stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. iv. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure,or activity,associated with the proposed use to occur.(1994/38) V. Evidence of approval by the Mass. Dept. of Environmental Protection(DEP) of any industrial waste water treatment or disposal system or any waste water treatment of system fifteen thousand(15,000)gallons per day capacity. vi. Evidence that all on-site operations including,but not limited to,construction,waste water disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the downgradient property boundary. vii. Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA. d. The SPGA may also require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist or hydrologist when in its judgment the complexity of the proposed work warrants the relevant specified expertise. e. Special Permits under this Section shall be granted only if the SPGA determines, after the time of comment by other Town agencies as specified above has elapsed, that, as a result of 50 the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. f. Any Special Permit issued under this Section for a new permanent structure (other than an accessory structure or expansion that is less than twenty five(25%)of the gross floor area of a structure) or a septic system shall require that such structure or system be constructed outside the Non-Disturbance Buffer Zone. g. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from impervious surfaces shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where on site recharge is not feasible due to soil or other natural conditions, other mitigating measures such as sedimentation ponds, filter berms, or restoring wetlands, shall be used only where other methods are not feasible and after approval by the Board of Health, Building Inspector and the Division of Public Works to assure that the methods used for on site infiltration and/or other measures shall remain effective. h. Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolved materials. For operations which allow the evaporation of toxic materials into the interior of any structure a closed vapor system shall be provided for each structure to prevent discharge or contaminated condensate into the groundwater. i. For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use,the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with M.G.L.Chapter 21 C. 5. Emergencies a) The Planning Board may issue an emergency special permit, subject to the subsequent consideration and determination by the Planning Board and upon the following findings: i) the work proposed is deemed necessary for the protection of the quantity of quality of the water in or entering Lake Cochichewick, and ii.) the proposed work must be undertaken before the regular special permit application processed could be completed. b) A request for an emergency special permit shall be made in writing to the Planning Board and shall include the following: i) a statement as to why the emergency work is necessary to protect the quality and/or quantity of water in and/or entering Lake Cochichewick, and, ii) a statement as to why the emergency work must be undertaken before the completion of the regular special permit application,process, and iii) a statement describing in detail the proposed work to remedy the emergency situation. c) All information required by Section 4/136(4) Special Permit Requirements must also be submitted with the application;provided however, that if all the required information or documents are not available due to the emergency nature of the situation,the applicant may request a waiver or delay regarding the submittal of the unavailable information or documents. d) Authorized emergency work must be performed within 60 days of the issuance of the emergency special permit. Any work,which is not completed within this 60-day period requires compliance with the regular special permit application procedures set forth in section 4.136.4 and renumbering Violations 4.136(6) and Severability 4.136(7). 51 6. Violations Written Notice of any violation of this Bylaw shall be provided by the SPGA agent to the owner of the premises specifying the nature of the violation. The agent of the SPGA shall request of the violator a schedule of compliance, including cleanup of spilled materials. Such schedule shall allow for the immediate corrective action to take place. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan for longer term of compliance. Said schedule of compliance shall be submitted to the SPGA for approval subsequent to the violation. Said agent of the SPGA shall notify the Building Inspector of any violations of the satisfy the requirements of thisparagraph. 1998/25 . ailure to ( ) Schedule of compliance or of any f fy q 7. Severability In any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the remainder of this Bylaw shall continue in full force. g. Waiver of Watershed Protection District Special Permit 1) When any construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint of a structure,and will not disturb existing topography, and is a proposal on town sewer, the Planning Board may determine, without a public hearing, that submission of a watershed protection district special permit is not required. However, in order to obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction; the applicant must also agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. For all proposals on septic, this section will not apply, and all applicants should refer to Sections 4.136(3)(a)(b)(c)and (d) of the Town of North Andover Zoning Bylaw. 2) The applicant must request a waiver from obtaining a Watershed Protection District Special Permit in writing and may be required to submit supporting documentation, including, but not limited to, proposed plans and correspondence depicting the proposal. The waiver request will be discussed at a regular meeting of the Planning Board. (Section 4.136 rewritten and reorganized at the May 1, 1995 Annual Town Meeting, Article 38) 4.137171ood Plain District(1993/39) 4.137 Floodplain District 1. STATEMENT OF PURPOSE The purpose of the floodplain District is to: a. Ensure public safety through reducing the threats to life and personal injury. b. Eliminate new hazards to emergency response officials; c. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding. d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; e. Eliminate costs associated with the response and cleanup of flooding conditions; f. Reduce damage to public and private property resulting from flooding waters. 52 Massachusetts Department of Envi ronmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC#29 A. General Information Important: North Andover When filling From: �.Conservation commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Amy Constantino, Trustee Bonny Realty Trust c/o Johnson & use the return a.First Name b. Last Name Borenstien,LLC key. c.Company 12 Chestnut Street d.Mailing Address Andover NIA• 01810 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant)_ a.First Name b. Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 12 Bonny LaneNorth Andover a.Street Address b. City/Town Map 62 Parcel 41 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 2483 243 c.Book d..Page 3/30/07 �'/9/ u? )le/C►`� 7. Dates: a. Date Notice of Intent Filed b. Date Pu lic Aearing Closed C. Date bf Is uance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan to Accompany Notice of Intent and Existing Conditions Plan to Accompany Notice of Intent a. Plan Title Cammett Engineering Fred V. Ford, P. E. b. Prepared By C.Signed and Stamped by ���-7 1" = 20' d. Final Revision Date e. Scale f.Additional Plan or Document Title g. Date $ 500.00 $ 500.00 9. Total WPA Fee Paid: a.Total Fee Paid b. State Fee Paid c. City/Town Fee Paid Pagel of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#29 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution ® d. ® Private Water Supply e. F-1 Fisheries Protection of Wildlife Fisheries Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet a. ❑ Bordering Vegetated Wetland a.square feet b.square feet c. square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c. square feet d. square feet Waterbodies and Waterways e. cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC#29 B. Findings (cont.) Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f. cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f. square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) g. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c. cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a. linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 1a. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wnafnrm5 Mr.• rev.3!1/05 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Cnnrlitions NACC#29 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number NACC#29 " wnafr,-5 doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC#29 ILI IV— C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document ..,,....,.....t,+..... .o„ Amn5 Page 5 of 91 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC #29 r D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more C. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional . See attached conditions, select box to attach a text document Page 6of9 NACC #29 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary in accordance with the Performance Standards set forth in the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following_conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC or agent of the NACC reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC or agent determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. This Order of Conditions is issued under NACC #29. _ I I NACC 5/4/2007 NACC #29 25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27. The proposed work includes: the construction of a single-family dwelling, deck, driveway,retaining wall, installation of utilities, stormwater features (water quality swale/roof infiltration trench),removal of an existing paved area for restoration,the installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland (IVW). The site is also located in the Watershed Protection District. Note: The Utility Easement to the rear of the property is not a Town owned easement as determined from a property deed referenced herein. 28. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Bonny Realty Trust (Applicant) C/o Johnson &Borenstein, LLC 12 Chestnut Street Andover, MA 01810 Received March 30, 2007 The Neve-Morin Group, Inc (Representative) C/o Greg Hochmuth 447 Boston Street, Route 1, Suite 12 Topsfield, MA 01983 Bonny Realty Trust (Owner) Amy F. Constantino, Trustee 70 Pine Ridge Road North Andover, MA 01845 Site Plans prepared by: W.C. Cammett Engineering, Inc. 297 Elm Street Amesbury, MA 01913 Dated 3/20/07,revised 4/18/07 Stamped & Signed by Fred V. Ford, P.E. Entitled "Site Plan to Accompany Notice of Intent" „o , NACC 5/4/2007 NACC #29 Other Record Documents: Stormwater Analysis Bonny Lane North Andover, MA Received date March 30, 2007 Prepared by W.C. Cammett Engineering, Inc. Stamped & Signed by Fred V. Ford, P.E. Deed - Book 1478 Page 273-274 referencing the Utility Easement 29. The following wetland resource areas are affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests of the Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein and as approved under an ORAD issued 1/30/07 (File 3 242-1380). 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Further the applicant shall cease maintenance of the 25' no-disturbance zone as noted on the approved plans referenced herein. 32. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 33. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. r o At i NACC 5/4/2007 NACC #29 34. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 35. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 36. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 37. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "NACC #29." 38. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 39. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. a nnr i�RnnnvT ane cine 4 NACC 5/4/2007 NACC #29 40. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed construction sequence, including a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/erosion control devices, phasing associated with the development and the construction of the associated stormwater management structures. This timetable must continue to be updated throughout the project. 41. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 42. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 44. A check payable to the Town of North Andover shall be provided in the amount of $3,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary (`.qui;„.,,..,,1\r)or\1?RnnnvT.nne doc 5 NACC 5/4/2007 NACC #29 release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 45. Prior to the commencement of any work,the foundation corners of the single-family home shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre-Construction meeting. 46. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 47. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. r'-\Winwnrd\OOC\12BonnvLane.doc 6 NACC 5/4/2007 NACC #29 49. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 50. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 51. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 52. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 53. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 54. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 55. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. ane dnc. 7 NACC 5/4/2007 NACC #29 56.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while any dewatering is occurrin&. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 57. A permanent boulder wall shall be constructed and installed immediately upslope of approved Disturbance Zone as shown on thepp plan referenced herein. the 25 No 58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, piaster, wire, lath, paper, refrigerators, motor vehicles or arts on any of the foregoing. s ashes P cardboard, pipe, tires, g cardb , p p , 59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or of mulch hay. All disturbed areas must be and mulched with a la y loamed, seeded a layer Y graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil.finish grade surfaces shall be stabilized with a layer of mulch hay until construction an a f climate conditions allow for seeding. During y are oexposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). . Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 61. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. b y, or associated with, the construction activity shall be contained 64. All waste generated from any within the construction area, and awaywetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. r\w;,,,,&nACAI?RnnnvLane.doc 8 NACC 5/4/2007 NACC #29 65. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 66. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towri s Wetland Protection Bylaw and shall remain in perpetuity. 68. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization lete once vegetativeetative cover has been achieved. will be considered com 69. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. applicant shall submit the following to the project the g 70. Upon completion of the prol pp Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. C. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. N,arr siannm NACC #29 h. A written statement from a Registered Professional Civil I Registered Professional Land Surveyor) of the Common work has been conducted as shown on the plan(s) and doc above, and as conditioned by the Commission. i. An As-Built plan prepared and signed and stamped by Civil Engineer (and/or Registered Professional Land Sur Commonwealth, for the public record. This plan will inclr ➢ "As-Built" post-development elevations of all drain management structures constructed within 100 feet area. NOTE: If portions of the stormwater systems Buffer Zone than the entire structure must be depic compliance. ➢ "As-Built" post-development elevations and grade-E wetland resource areas including the encompassing regulated as a resource area under the local Wetlan ➢ Distances from structures to wetland resource area are not limited to) septic systems, additions, fences, pools, retaining walls, subsurface utilities and deck: ➢ A line showing the limit of work and the extent of e devices. "Work" includes qny disturbance of soils c ➢ Location of all subsurface utilities entering the prop 71. The following special conditions shall survive the issuance of a C (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zc from the edge of adjacent wetland resource areas excep approved under this filing. Future work within 100' of resource areas will require a separate filing with the N. Administrator and/or other agents of the NACC do nc waive these setbacks as established under the local Byl: ➢ Discharge or spillage of pollutants (Condition #65); ➢ Prohibition of underground fuels (Condition #66); ➢ Limitations on the use of fertilizers, herbicides, and pes NACC #29 h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced conditioned b the Commission. above, and as co y i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: if portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #31); ➢ Discharge or spillage of pollutants (Condition #65); ➢ Prohibition of underground fuels (Condition #66); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #67). III H11 10 NACC 5/4/2007 i I NACC #29 APPENDIX A — AFFIDAVIT I� on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon b the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of . 20 (Authorized agent of applicant or owner) ('.Mli—,,,rd\M-)CA1?RonnvLane.doc 11 NACC 5/4/2007 LiMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands t WPA Form 5 - Order of Conditions NACC#29 I _ ____ _11"I MAO E. Issuance This Order is valid for three years, unless otherwise specified as a special S /l3 p condition pursuant to General Conditions#4, from the date of issuance. 1. Date of issuance Please indicate the number of members who will sign this form: .s This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regio ffice, if not filing electronically, and the property owner, if different from applicant. Signatures: c Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On thisDay of Month Year Before me, the undersigned Notary Public, S<tlf Ha-'s personally appeared Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. North Andover Conservation Commission As member of City/Town I logo --. . ' f DONNA M.WEDGE NOTARY PUBLIC Si nature of Notary Public ` F 7 VATALTH OF",ASc�r< «TTS V lxpiTes Ar- Printed Name of/Notary Public Place notary seal and/or any stamp above My Comm5ssiofi Expires( ate) This Order is issued to the applicant as follows: ❑ by hand delivery on [ by certified mail, return receipt requested, on iC Date Date ..,,..,o...,..�a,.,- vn mS Page 7 of 9 r ` ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC#29 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Superseding Determination, or providing written information to the Department prior to issuance of a Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate-jurisdiction. Section G, Recording Information is available on the following page. wpaform5,doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions NACC#29 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: NACC#29 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is. Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 / N r Abutter to Abutter( ) Budding Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section t1 states in part'Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Subiect Property: MA PARCEL Name Address 62 41 Bonny Realty Trust 10 Bonny Lane North Andover,MA 01845 Abutters Properties Map Parcel Name Address 62 10 Technical Training !/4665 Great Pond Rd North Andover,MA 01845 62 31 S&N Realty Trust --1-510 Great Pond Road North Andover,MA 01845 62 32 Haffner Founier v40 Bonny Lane North Andover,MA 01845 62 33 Todd Mccabe VZ-Bonny Lane North Andover,MA 01845 62 34 Judd Symon t/P Bonny Lane North Andover,MA 01845 62 35 Anthony Petronio x,2'1 Bonny Lane -7- lb-D-7 North Andover,MA 01845 62 42&43 Robert Famham v873 Great Pond Road North Andover,MA 01845 62 57 Richard Aghoian .1,47 Bonny Lane North Andover,MA 01845 62 58 Alfred Contarino ✓35 Bonny Lane North Andover,MA 01845 62 95 Technical Training X1'665 Great Pond Rd North Andover,MA 01845 62 96 John Ornell 1,42 Cochichwick Drive North Andover,MA 01845 6 - 7- 7 Page: 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified by: 17 Date 6gl— PAGE 4 OF 4VARIANCE 9. 'WRITTEN DOCUMENTATION '10. 53. 'Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all lads relied upon. When requesting a Variance n) One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch.40A,Sec, 10.4 and Only,and one block for five(5)ZBA signatures S date. the North Andover Zoning BY-laws,all dimensional IM Plan shall be prepared,stamped and certified by r2quiren?tents shall be clearly identified and factually a Registered professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or 110 C. "Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions,shape I. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wellands(if applicable) district in which the property is located. 5. abutters of property,within 300'radius C. Fads which make up the substantial hardship, 5. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7, deed restrictions, easements_ with respect to the land or building for which the 13) Legend& Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines t4 outlined in red D. Fads relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Fads relied upon to support a finding that relief 5. Title of Plan 6. Names addresses and phone numbers of the sought may be given without nullifying or substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. T Low F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Niinor projects,such as decks, sheds,and garages, application. shall require only the plan information as indicated with an.asterisk(*). In some cases further information may 10. FLAN OF LAND L'e required. Each application to the Zoning Board of Appeals shall 11 APPLICATION FILING FEES be accompanied by the following described pian. Plans 11.A. Notification fees:Applicant shall provide a must be submitted with this application to the Town pPl Clerk's Office and ZBA secretary at least thirty (30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of :4022-176G-4841' for the cosi of first class, certified, appeals. ,etum receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A 511 on the A set of building elevation plans by a Registered abutters list for the legal notice check. also,the Architect may be required when the application applicant shall supply first class postage!>lamps involves new constructionlconversiion/and/ora ;currently 39¢)x the#of parties of interest on the proposed change in use. =butter's fist for the decision mailing. 11.B. Mailing labels:Applicant shall provide four(4) 1 t). A. Major prejec#s sets of mailing labels no larger than 1"x2-5/8" (3 copies 4ajor projects are those,which involve one of the for the Legal,and one copy for the Decision mailing-d f: lle�ving whether existing or proposed: -11.C. Applicant shall provide a check or money order �o: 'Town of North Andover" per 2005 Revised Fee 1.) five (5)or more parking spaces, Schedule. M three(3) or more dwelling units, xf1)2.coo:quare feet of building area. jr�.ance %aareranted oy dl.e ZOA will ?np�e .n g 1 "one)year if not exercised and a c:e-N petition rnpist ',tajor Projects shall require,that in addition to the V1B `;.e,ejbmitted. 4 CC *a:atures, that the ;dans show detailed !Aif'tties,pits, ::wd topog. mphic information. LE J3 A http,//csc-ma.usXommunitesiNandoverimaps/62.pdf � �� X F vc SEE-c- c=81C `_"-"c=81` Go jr Bookmarks8 blocked I ars,Check . A tc:-Tk . 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HAFFNER Sewer: Inspect Reas: NORTH ANDOVER MA 01845 Exempt-B/L% 0/0 Resid-B/L% 100/100 Comm-B/L8$0 Indust-B/L% 0/0 Open Sp-B/L% 0/0 LAND INFORMATION NBHD CODE:9 NBHD CLASS:9 ZONE: R1 Seg Type Code Method Sq-Ft Acres Influ Y/N Value Class 1 P 130 S 43650 1 232,886 VALUATION INFORMATION Current Total: 232,900 Bldg: 0 Land: 232,900 MktLnd: 232,900 Prior Total: 211,700 Bldg: 0 Land: 211,700 MktLnd: 211,700 SKETCH PHOTO IL SLNo Ricture Avallable Parcel ID:210/062.0-0041-0000.0 as of 5/24/07 Page 1 of 1 PLAN REFERENCE. ZONING FDISTRICT i PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS MIN LOT AREA SCALE. 1" = 40' DATED: AUGUST 11, 1997 MIN LOT FROM PREPARED BY W. C. CAMMETT ENGINEERING, INC. MIN YARDS AS SURVEYED FOR E. HAFFNER FOURNIER FRONT ENRD PLAN # 13109 SIDE REAR IRFOUNDE �` X580 N/F I GRANITE BOUND E. HAFFNER & JOANNE D. F W/DRILL HOLE FOUN 1577/11 f 1741/3473 I` �O 88 0t #4425 d FG TOP UNo, ApN or FpUX/SA)VG %Dq ApV IRON ROD FOUND I 7Bp�, I STAKE I N/F ROBERT & GLORIANNE FARNHAM 1576/80 1 I CERTIf1E0 AS-BUIL T PLAN REFERENCE: ZONING REQUIREMENTS: FOUNDA110N PLAN PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS DISTRICT RES. 1 OWNER/APPLICANT ANTHONY GRASSO SCALE: 1" = 40' DATED: AUGUST 11, 1997 MIN LOT AREA 87 S.F. PREPARED BY W. C. CAMMETT ENGINEERING, INC. MIN LOT FRONTAGE 175 F FT. LOCA TION.• 13 BONNY LANE AS SURVEYED FOR E. HAFFNER FOURNIER MIN YARDS � 13109 FRONT 30 FT. NORTH ANDOVER, MA ENRD PLAN SIDE 30 FT. REAR 30 FT. SCALE- 1" = 40' DA TE- 06-17-09 IRON PIPE �w FOUND I CERTIFY THA T THE FOUNDA LION SHOWN ON THIS u� PLAN N AND THAT WHEN�t OANS7RUCTED DOES �seo REAR SE7RACK EI RE ANSIDE kT AND IN THE N/F ZONING BYLAWS OF THE TOWN OF NORTH ANDOVER. GRANITE BOUND E. HAFFNER & JOANNE D. FOURNIER I FURTHER CERTIFY THAT THE FOUNDA770M IS NOT W1 DRILLHOLE FOUN 1577/11 LOCATED WITHIN A FEDERAL ROOD HAZARD ZONE 1741/3473 TBM A OR B AS SHOWN ON HUD ROOD INSURANCE 880 NAIL IN UP RATE MAP (RRM) 250098 ELEV 98.15 COMMUNITY PANEL NUMBER 0005 B c,t m REI4SED/EFFEC77VE DATE JUNE 15, 1983 � )' O #4425� �?s� FOUND� 0,hop pF BY. DA TF• FOUNDAADN I IRON ROD \ FOUND UTILITY EASEMENT l SETBACKS SHOWN ON THIS PLAN ARE FOR THE I DETERMINA TION OF ZONING REQUIREMENTS ONLY. ESSEX NORTH x COUNTY STAKE AR DEED REFERENCE ���tN of,ygssq F'a� BK 11566 G 249 ROBERT y 43,655f S.F. D E. -� 1.00f AC. � SMITH JR. H N/F PLAN REFERENCE No.35794 N/F E. ROBERT & GLORIANNE FARNHAM STAKE JOANNE D. FOURNIER PLAN/ 13109 �gW�ss 1576/80 SET 1577/11 SURV r 1741/3473 FILE 09008�09008AB ES j s tj JOB NO. 09008 CAMM@Tr IRON ROD xn: W.C. CAMMETT ENGINEERING, INC. SET 297 ELM ST. AMESBURY, MA. i i i JOHNSON& Mark B. Johnson(MA,NH,DC) i BORENSTEIN, LLC Donald F. Borenstein(MA,ME,NH) ATTORNEYS AT LAW LorriS. Covitz(MA) Kristine M. Sheehy(MA) Denise A. Brogna(MA,CA) 12 Chestnut Street Leslie Crofton Carey(MA,RI) Andover,MA 01810-3706 Karin M.Theo(MA) Tel: 978-475-4488 Fax: 978-475-6703 Paraleeals www.jbliclaw.com Kathryn M. Morin,J.D. don@jbllclaw.com Michele C.Jonikas Karen L. Bussell Via Hand Delivery March 24, 2009 Planning Board Zoning Board of Appeals Town of North Andover Town of North Andover 120 Main Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 Conservation Commission Town of North Andover 120 Main Street North Andover, MA 01845 Re: 12 Bonny Lane, North Andover Map 62/Parcel 41 i i Ladies and Gentlemen: i As you may recall, I represent Bonny Realty Trust, owner of the above-referenced residential lot. The following permits and approvals have been issued for the development of a single-family home on the property: Planning Board Watershed Special Permit dated 3/6/07 recorded at ENDROD 10952/8 Special Permit Extension dated 2/24/09 recorded at 11503/209 j Zoning Board Variance dated 9/20/07, recorded at 10952/5, Petition #2007-013 Variance Extension dated 10/17/08 recorded at 11393/45 Planning Board Zoning Board of Appeals Conservation Commission Town of North Andover March 24, 2009 Page 2 Conservation Commission Order of Conditions, NACC #29, dated 5/10/07, recorded at 10794/131 Bonny Realty Trust now has the property under agreement to sell the lot to Anthony Grasso Mr. Grasso lives nearby and intends to assist his son with the construction of a home on the property for his son and his son's family. In connection with his intended construction, Mr. Grasso is having final building plans prepared. The building plans Mr. Grasso would like to proceed with differ slightly from the plans approved by the Town boards in 2007. Specifically, the ' house design has been finalized and changed slightly from the approved schematic 1 plans and, the location of the house has been moved slightly closer to Bonny Lane. Although these changes do not require any further zoning variance and appear consistent with the spirit and intent of the prior approvals, Mr. Grasso desires to keep the boards fully informed of his proposed construction. Mr. Grasso would also like to receive confirmation from each of the boards that these changes are minor modifications, consistent with their original approvals, and do not require any further public hearing or formal amendment. To assist the boards in this regard, I have enclosed' an "Overlay Site Plan" prepared by the project engineer/surveyor dated 3/1/7/09. The Overlay Site Plan compares Mr. Grasso's proposed home (shown in red) to the original approval. I have also enclosed a letter from the project engineer dated 3/18/09 confirming that the area of disturbance in the 100' non-discharge buffer zone is not changed by Mr. Grasso's minor modifications and that the total amount of impervious area on the property is reduced slightly, by 30 s.f., by Mr. Grasso's modifications. Finally, I have enclosed a 6 sheet house plan, prepared by R.C. Searles Associates, reflecting the home Mr. Grasso proposes to build, and a revised "Site Plan" prepared by the project engineer/surveyor showing the location of the home Mr. Grasso proposes to build. These two plans would replace the previously approved I ' Two full sized copies and seven 11"X17" copies have been enclosed of each plan for each of the boards. If electronic copies or any additional hard copies are desired, please contact me. � M Planning Board Zoning Board of Appeals Conservation Commission Town of North Andover March 24, 2009 Page 3 plans as the plans of record for the Project, if the boards agree and confirm that Mr. Grasso's proposal constitutes a minor modification within the boards' original approvals. Would you be so kind as to place this request for confirmation of a minor modification on your board's agenda as an information discussion item according to the following schedule: Planning Board—April 7, 2009 Zoning Board—April 14, 2009 Conservation Commission—April 8, 2009 In the meantime, Mr. Grasso also expects to submit building plans and a building permit application to the Town's Building Inspector for his review and comment. Thank you very much for your anticipated cooperation in these regards. Should you need any further documents or information in connection with this request, please do not hesitate to contact me. q ` Very truly yours, JOHNSON & BORENSTEIN, LLC onal . Bore DFB/mbf Enclosures Cc: Gerald Brown, Inspector of Buildings, via hand delivery d Anthony Grasso, I"class mail Bonny Realty Trust, Is'class mail i I I Woodbury C.Cammett,PE MA,NH G Fred V.Ford,PE MA.CPEsc.CPswo Est, ���, Lee P.Thibodeau,PE MA,NH,ME qQc 1975 A�� Robert E.Smith,PLS MA,NH CAMME'►'7' '0 �\ 07 CE INO Consulting 9 J Engineers and Land Survey/ors eNOINEFJa Land Survey March 18,2009 Mr. Anthony Grasso i 9 Cochichewick Drive North Andover,Ma. 01845 RE: 12 Bonny Lane North Andover,Ma. Dear Tony, i At your request,our office has modified the proposed site plan at 12 Bonny bane to incorporate the proposed house footprint you propose to build. With this modification we have checked the areas of disturbance in the 100'non-discharge buffer zone and the non-discharge buffer.zone. These areas have not changed and remain the same as indicated on the site plan. We have also checked the amount of impervious area on the total lot between the previously approved plan and i the proposed plan. The proposed plan provides a slight reduction,30 sf,of impervious area from 3930 sf to 3900 sf. I If there are any questions regarding this information,please contact this office. Sincerely, j W. C. Cang9ft Engineerin Inc. I IFred V. Ford,P.E. I �I Title: M\Winword\2009\09008Vetters\090081etterAnthonyGra"31809 W.C. Cammett Engineering, Inc. 297 Elm Street A Amesbury,Massachusetts 01913 Telephone: (978)388-2157 ♦ Fax: (978)388-0428 www.cammef.com Pb R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. (508) 466-3202 Northborough Ma. -1111 IL BONNY LANE NORTH ANDOVER MA 01545 SHEET 1 OF 6 3 , ®0 _ Aat I I 1 r ti ti I I I I I I I I I I I r ti ti ti FRONT ELEVATION 5Q FT = 5521 NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or sketch,full construction set,partial set,bidding set,study set or extra prints,contain the copyright notice and are duly registered with Library of congress-properly reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved.Any re-drawing,tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. (508) 466-3202 Northborough Ma. BONNY LANE NORTH ANDOVER MA 01545 TM SHEET 2 OF 6 Tal I I I I I I Fj r] j j I LJ L__________TJ___1 1 I RETAINING WALL I I 1 1 I r' r' r' ti ti L__________L___L---------------------------------------------------------------- l_________J NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or sketch,full construction set,partial set,bidding set,study set or extra prints,contain the copyright notice and are duly registered with Library of congress-properly reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved.Any re-drawing,tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. c R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. (508) 466-3202 Northborough Ma. BONNY LANE NORTH ANDOVER MA 01545 5HEET 3 OF 6 Tni Till ❑DTull 00 Inigo 701 To ❑0Q m ------------------------------------- I I I I I I I I I I I I I I I r ti NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or sketch,full construction set,partial set,bidding set,study set or extra prints,contain the copyright notice and are duly-registered with Library of congress-properly reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved Any re-drawing,tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. � s R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. (508) 466-3202 Northborough Ma. El El 11 0M BONNY LANE NORTH ANDOVER MA ® ® ® ® ® ® 01545 SHEET 4 OF 6 NMI r r i r i r I� I I I I I I 1 I I I I I I 1 1 I 1 1 1 1 I I I I I 1 I 1 1 1 I I I I I I I I I 1 1 1 I I I I I I 1 1 I 1 1 I I I I I I 1 1 I 1 1 I I I I I I 1 1 1 1 1 1 I I I I I 1 1 I 1 1 I I I I I 1I I I 1 1 1 1 I I I I 1 1 I I I r r 1 1 1 1 1 1 I I I 'I I L__J L__J L__J L__J L_ ____ __________-____________________ NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or sketch,full construction set,partial set,bidding set,study set or extra prints,contain the copyright notice and are duly registered with Library of congress-properly reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved.Any re-drawing,tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. 4 OPTIONAL DECK WITH (508) 466-3202 Northborough Ma. � STAIR5 TO GRADE 5EE OWNER v r J------1 I I I I I I 7111L L-J L-J L-J LJ I `r I KITCHEN/EAT I 1 • LNDRY n 6A5 FP L1 I 1 1 I ry ill DIRECT DINING AREA L- VENT FAMILY ROOM P RTY 4 Om Q Z LIVING AREA BONNY LANE d n LAV 4� a 4 NORTH ANDOVER MA ry Y 01845 ENTRY UP SHEET 5 OF 6 - CLST. BENCH FOYER 2 GAR GARAGE ` (V ---------------------- STUDY � �o a 4 R m q N R " NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or 22•-0 1°-° T'-0 13'-0" sketch,full construction set,partial set,bidding set,study set or extra prints,contain FIR 5T FLOOR P LAN the copyright notice and are duly registered with Library of congress-properly 5F.FT. = 1-135 reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved.Any re-drawing tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. � w R.C. Searles Associates Design / Build Phone No. 7 Gladwalt Rd. (508) 466-3202 Northborough Ma. r—� Q I I I I L-J BATH 1 BED RM 2 I O ry I WS.G. \/ � • M I MASTER BATH RM j\ I I I ® ry 4 • ® BED RM 3 v N Q BATH MASTER BED RM 9'-4" 4'-2" 3'-B" Q h BONNY LANE FOYER NORTH ANDOVER MA G T. 01545 BED RM 4 ® ® 4 5HEET 6 OF 6 e 2'-10" `s 4 0 4'-0" 14'-0" 3'-B' 10'-4" T-0" 13'-0' NOTICE OF COPYRIGHT Pursuant to the Federal Copyright Act,these plans-wether a preliminary layout or SECOND FLOOR PLAN sketch,full construction set,partial set,bidding set,study set or extra prints,contain 50 FT=na2 the copyright notice and are duly registered with Library of congress-properly reserving all rights for R.C.Searles Associates.These plans may be used only once, unless a signed written agreement between this office and client si approved.Any re-drawing,tracing,reproduction,re-use or formation of derivative work is expressly prohibited and any violators will be prosecuted to the fullest extent of the law. Town of North Andover ZONING BOARD OF APPEALS .Albert P.Manzi III,Esq. Chairman - 1 11cn P. NICntyrc, T,ice-chairman Richard T. Bycrs,Es Clerk NORTH Joseph D. l.aGrasse ^,'• p .!c" ti C U 1 t i a Richard.Al Vaillancourt 0 A -Issorurte,l fembets 'I110rnas D. Ippolito Daniel S. Braese,Esq. y o� �'`,y z , Town C:Irrk Time Stomp S•'IC RUSE October 17,2008 Donald F.Borenstein,Esq. Johnson&Borenstein 12 Chestnut Street, Andover,Massachusetts 01810 RE: Bonny Realty Trust,Amy F. Constantino,Trustee 70 Pine Ridge Road North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of the Variance 2007-013: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at the 12 Bonny Lane,North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2007-013 decision to and including April 14,2009 during the regular October 14,2008 meeting upon a motion by Joseph D. LaGrasse and 2`d by Richard M. Vaillancourt. Mass. Gen.L.,ch. 40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Joseph D. LaGrasse,Richard J.Byers, Richard M. Vaillancourt,and Thomas D. Ippolito. �C4- North Ando Z i g Board of Appeals Richard J.Byers, sq.,Acting Chairman and Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito cc: Town Clerk ZBA file 2007-013. M62P41. 1600 Osgood St.,Bldg 20-Suite 2-36.Aurth.Uido�er. l[A 01845 Phonc-978-688-9c4.1 fax-978-688-95:12 Web-u uit-.ro��no('n�i7l:aixlnuer wnt Town of North Andover Town Qcik Tunc'Simnp ZONING BOA" OF APPEALS Albert P._Nfililzi 111,Esq. chairmall I 'ice-Chairman NORTH Richard.1. 131,ers,Esq. Clerk O t,,to Joseph D. LaGrasfe F 0 25 I ; David R. \Vcbster 1� Also,iate:11 cmGerr 1VL `11101112.q D. Ippolito Richard M. V�iilkncojjl-t Damel S. 13niese, Flsq. ACH Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office Of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Pro ert at: 12 Bonny Lane NAME: Bonny Realty Trust,Amy F. HEARING(S): August 14& September If,20j07] 70 Pine Ridge Road Constantino, Trustee, 70 Pine Ridge Road P T TI ADDRESS: 12 Bonny Lane PETITION: 2007-013 TYPING T S )te North Andover, MA 01845 TYPING DATE: September 20,22OE07 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover, MA on Tuesday, September 11,2007 at 7:30 PM upon the application of Bonny Realty Trust, Amy F.Constantino,Trustee, 70 Pine Ridge Road,North Andover for premises at: 12 Bonny Lane(Map 62, Parcel 41),North Andover requesting dimensional Variance from Section 4, Paragraph 4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer Zone and Section 7, Paragraphs 7.1, 7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny Lane within the R-I zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July 2,2007. The following voting members were present: Ellen P. McIntyre,Joseph D. LaGrasse,Albert P. Manzi, III, David R. Webster,and Thomas D. Ippolito. The following non-voting members were present: Richard M. VaillanCOUrt and Daniel S. Braese. Upon a motion by Ellen P. McIntyre and 2"d by David R. Webster,the Board voted to GRANT a dimensional Variance from Section 4, Paragraph 4.136.3.c.ii.3 for relief of 36' from the requirements of the 100' Watershed I Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a proposed single family dwelling; per: S 12 Bonny Lane(Man 62 North Andover, MA 10845 1 2 Bonny I Andover, MA 1084=5 �am D ov r Plan Title: Site Plan,to Accompany, Variance Request, Single Family welling, Bonny I Lane,No Realty Trus ane,No i North Andover, MA 01845, Owner: Bonny Realty Trust, Amy 0 s t y Constantino,Trustee, 70 Pine Ridge Road,North Andover, MA 0 1845 i Date(& Revised Date-`i- 6-14-07 Registered Professional Land Robert E. Smith,Jr.,#35794,Cammett Engineering,297 Elm Street, Amesbury, MA t I "f I Site: I Sheet I of I Bu;ildin;,- Plan Title: P; House Plans, to Accompany, Variance Request, Single Family' Dwelling, -1 Bonny Lane,North Andover, MA 01845,Owner: Bonny Realty Trust. Amy F. Constantino, Trustee, 70 Pine Ridge Road,North Andover, MA 01845 By: _.-Carm-nett Engineering,297 Elm Street, Arnesbury, MA Date: 7/05/07 Sheet/Drawing: Sheet 2 of2 Page I of-') 1 1600 Osgorod Strect,Building 20-Suite 2-36,North Andover, Massachusetts 01845 !'hone-979-688-9541 Fax-978-689-9542 Web-xv�.Nvv.toxNnoti lorthalldovcr.Coll i Town of North Andover To i ("Irrk rung Stmt y ZONING BOARD OF APPEALS TM . _\11-11 P. \Qanzi III,Esq. Clwiinran FF"flen P. \dclntyre, 1 ire-cbairman r40Rth Richard 1. livers,Esq. Clerk O ,,to , 3r b`SI loseph D.LaGrass- O tM1 t, v J David R. Webster �p 'lssoriate Memlmrs # I]tomas D. Ippolito "o Rich- ard\I. \'Alancourt Daniel S. liraese,l;sq. �SSACHUSE� With the following conditions: 1. The applicant shall record the Planning Board Watershed Special Permit,the Conservation Commission Notice of Intent,and this Variance at the Essex North Registry of Deeds. Voting in favor of the Variance: Ellen P. McIntyre,Joseph D. LaGrasse, David R. Webster, and Thomas D. Ippolito. Voting against the Variance: Albert P. Manzi, Ill. The Board finds that owing to circumstances relating to the specific shape and topography of the land affect 12 Bonny Lane(Map 62, Parcel 41), but does not affect the Residential 1 and Watershed Protection District zoning districts in which it is located,a literal enforcement of the provisions of Paragraphs 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that the Planning Board Watershed Special Permit dated March 6,2007 states in Findings of Fact:"1)b)The topography of the site will not be altered substantially. The single-family residence and proposed driveway were specially designed and located closer to Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the property...."and the Conservation Commission Notice of Intent dated 5/10/07 states that"27. The proposed work includes:the construction of a single-family dwelling, deck,driveway, retaining wall, installation of utilities, stormwater features(water quality swale/roof infiltration trench), removal of existing paved area for restoration,the installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland (IVW)....". The Board finds that the above decisions contain conditions designed to protect the Watershed Protection District even though the location is 64',not 100' from the Non-Disturbance Protection Zone. The Board finds that that there was no written or spoken opposition. The Board finds that 12 Bonny Lane(Map 62, Parcel 41) is Lot 1 on the Definitive Plan of Hardtcourt Estates, located in,North Andover, Massachusetts,and recorded at the Registry of Deeds,North District Essex County on October 23, 1979. The Board finds that 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 North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. jNoAndover Zoning oard of ppealsManzi, Ill, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David R. Webster Associate Member Thomas D. Ippolito Decision 2007-013. M62P41. Page 2 of 2 1600 Os(17ood Street,Building 20-Suite 2-336,North Andover,MassachUSCUS 01845 Phone-978-688-9541 F'ax-978-688-9542 Web-ww v.tox�iiolnorthandover.cum Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert P.Manzi HL Esq.Chairman RECEINED Ellen P.McIntyre, Vice-Chairman %40RTJIF ;1111 71 A 1 0,W ERX'S 0 F IC Richard J.Byers,Esq.Clerk Joseph D.LaGrasse David R.Webster 7001 JUN 22 PH : 40,_ Associate Members Thomas D.Ippolito TOM Richard M. Vaillancourt r we 0 R T I 7'i'"Y':P, ti 1 __ 1 1 Daniel S. Braese,Esq. ACHU MAS,;: { ;;; .- Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 10th of July, 2007 at 7:30 PM to all parties interested in the application of Bonny Realty Trust, Amy F. Constantino, Trustee, 70 Pine Ridge Road, North Andover for premises at: 12 Bonny Lane (Map 62,Parcel 41),North Andover requesting dimensional Variance from Section 4,Paragraph 4.136.3.c.H.3 for relief from the requirements of the Watershed Protection District's Non- Disturbance Buffer Zone and Section 7, Paragraphs 7.1, 7.2, and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny Lane within the R-I zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, 111, Chairman Published in the Eagle-Tribune on June 25&July 2, 2007. Lepalwtice 2007-013. M62P41, . 1 - r 0 a6 ga too gD 6-U3?F-U T i� M D Q'1_8 110 ON Eq Z'm a 9. 5 F * _j , 2� az M FD!aA a R�a(D_,9..0 "EP :ko - H1 a 9 0. r-.a 2. g.S I 911D tea= 'm�:=POD mm 3 T2 55�6HII I (D U--10 g 0*0 a 70 CDq-8- N:,o 2495 0 05 —8- -2 ema "- 111:.�W al z 0 X Z ow 0 SD 2`4 5'a, 3 OZ J-;W*(D 10 0.9.3— :3 0 So hKo CD c6fl— opr - con r Cl) -n ca g 0 Z U 0 '0 §06 5gag C_> F 0 dgm =.!R 0 2.1 Tag% 0-;k ,25- rr 0 CO CD 6 :?'1 R (D 0(RD-7 Co- M 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com TRANSMISSION VERIFICATION REPORT TIME 0611312007 15:36 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE,TIME 06!•13 15:35 FA>. I-10. ,'NAME 8978681660-8 DURATION 00:00: 58 PAGE(S) 02 RESULT OK MODE STANDARD E04 11jampleteNAZBAApplicationForm JOHNSON & BORENSTEIN, LLC Ante: r Time: D Attorneys at Law Missing: 12 C1,estwut.Street q u/fl.� Andover,lvlassaclaosetts 01.810-3706 (978)475-4488 Telecopler: (478)475-6703 www,ibllclaw.com MARK C} 10NSON (MA.NET,C)C) Pnrt�lceals DONALD F. BOREVSII3-N (MA,MF,NH) KATHRYN M. MORM MICHELE C. JONIKAS KRTSTTNF M. SHBEHY(M.A) KAREN L. RUSSELL ANNA R. vEPGAD0S(MA,NH) DENISE A. BROUNA(MA,CA) EMILY M. SAMANSKY(MA) ' LAURA $TJCY.(MAJ1,) .Tune 1.3, 2007 VIA 11A ND DELIVERY Mitchell Glennon., Secretary Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover. MA 01 845 Re: Applicant: Amy Constantino, Trustee o Bonny Realty 'Trust �( Property: 12 Bonny Lane, North.Andover, MA (Assessors Map 62, Lot 41.) JUN 13 tUU 1 Application: Variance from Section 4.13 .3.c-ii-3 of the Watershed Protection District Bylaw BOARD OF p e ALS Dear Ms. Glennon: I� JOHNSQNF&B4iNSTEIN, LLC ENTERPRISE BANK AND'T!#t157 018t�0�ANDOVEA,MA�OhERNTING ACCCw 41 12 Chestnut a Street Andover;MA 0181 " ' 6/12007 r PAY TO=TH1 Town of North Andover **150.00 e bkbER,�OF ' One Hundred Fifty and,00400** ************ **************►* *** *************************�r***xc************************ DOLLAflS. i - I C.. �I MEMO Constantino ONING - II'O O L L 6 8 no 0 L L 3 0 2 7 4 21: 43 L 5'2 ?ng _ .'t - c NfiERPfISEBkNKA107iU6TCO ?�' JOHNSON-&B0FttNS`TbN,LI.0 ANDOVER,nnA otaro OPERA TING.ACCOUNT s24113 7 ClSestnu Street , . 6!3 312007 Andover,MAS.01,810 311. PAY TO TWE Town of North Andover **5'7 31 #? ORDER OF Fifty-Seven and 3l/l `DOLLARS Q z eg ZBA 4- 4 g ��II• Date ...�i.1..'./_iL._' n� � CF r10RTN TOWN OF NORTH ANDOVER * 9 RECEIPT * f o '► SSgCHUS�� . This certifies thatjo.�, ,C 33� has paid#...�-d, -/,/) , . II for.l. n /. 4.r,44ic e I �rZ....�� ...C.... .. . l� •+✓!. '-..... �. .�`... �. ................... ! I Received by... �. G�l,y t �Y7 1................................................... Department..... '., .......... WHITE: Applicant CANARY:De i par6rient PINK:Treasurer Page 1 of 1 Glennon, Michel From: Atty.Albert P.Manzi III lattymanzi@manzilaw.netj Sent: Tuesday,July 03,2007 8:16 AM To: Brown, Gerald;Glennon,Michel;Albert P.Manzi III Subject: bonny lane Gerry.............With respect to Atty. Bornstien's matter for Bonny Lane, I allowed the matter to be placed on the July 10th ZBA agenda pursuant to "other administrative denial" as referenced within the ZBA rules and regulations as it relates to the Planning Board decision. APM III, Chairman Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01846 Tel. 978-681-6618 Fax. 978.681-6628 website: www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 7/3/2007 Page 1 of 1 Glennon, Michel Front: Tierney, Gail Sent: Wednesday,June 20,2007 4:06 PM To: Community Development; DPW;Elder Services; Fire Department;Town Hail;Water Treatment Subject: End of Fiscal Year Please be advised the end of the fiscal year is next Friday June29th we would like any turnovers that need to be processed by the Treasurer's Office by 2:30P.M N you would like them posted for FY 2007. Thanks, Gail 6/21/2007 Glennon, Michel From: Glennon, Michel Sent: Tuesday,June 19,2007 2:34 PM To: 'Atty. Donald F. Borenstein' Subject: 12 Bonny Lane Hello,Atty. Borenstein; is there any possibility that the architect could PDF generic 4 elevations&floor plans before 5:OOPM 6-20-07 to fit the 12 Bonny lane footprint, I hope? Mich. i Zoning Board of Appeals North Andover Hearing No.: MA-2007-0059 Date: June 21, 2007 APPLICATION TYPE: SUBMISSION DATE: Res. Variance Thu Jun 14, 2007 AppficarWs Name: Owner's Name: NAME NAME BMW Raft Trost Bonny gwity Trust ADDRESS: ADDRESS: 12 Bonny Lane 12 Bonny Lane TOWN: STATE I ZIPCODE: TOWN: STATE: ZIP CODE: N ANDOVER MA 01845 N ANDOVER MA 0134& PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS- Site DDRESSSite lnfomnation: Work Location.: SITE ZONING: BONNY LANE R-1&WS TOWN: SECTION OF BYLAW: NORTHAII®OVER,MA 01845 4.138.3 cf GIS 8 I MAP BLOCK LOT: ACTION TAKEN: 3580 0820 0041 Reason for filing: 4.1=cJ1.3 fbr mW of the Watershed Pmtection D&&krs Non.Olsturbance Buffier Zone&7.1,7.2,&Table 2 of Zoning Bylaw for relief of lost area&street fhontage construct single famBy dwelling. HARDSHIP FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE FIRST ADVERTISING DATE HEARING DATE: VOTING DATE DECISION DATE: rue Jul 10,2007 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE DECISION DEADLINE: MEMBERS PRESENT VOTE- MOTION OTEMOTION MADE BY. SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeOTMSO 1998 Des Lauders&Associates,Inc.