Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 124 COTUIT STREET 4/30/2018
Baa - iav t s-74 1 BUILDING FILE Date..../`�...`D.S Of HORTM 1I0 �? o� TOWN OF NORTH ANDOVER PERMIT FOR WIRING r .......COVA ,sS^CMUS� This certifies that ............:.. has permission to perform ..... I.....�.......�v...��`... ........................ wiring in the building of.....�j(Cf4 U/f w k 1.. e— r .............................................................. at a .. 7 V` S�........... ,NorthfAndover,Mass. Fee....'.-.............. Lic.No..q.1-�..:'�!`�........ y w`f. ..'.`...... 7 ELECTRICAL INSPECTOR Check # 5561 IIlliLILA ULA1rrJ ^• IlVl'Lr 9-1AuVlil1�.7 •`^'" �"1 DF.PARTARATOFPI78 SAFETY Permit No. 5 (///✓5 BOARDOFFIREPREVFN170N ONSM7C1�12.0 Occupancy&Fees Checked APPLICATTONFOR PERMIT T PERFORMELECTRIGAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH T MASSACHUSSTS ELECTRICAL CODE,527 CMR 12:00 2 y� (PLEASE PRINT IN INK OR TYPE ALL INFORMATI N) Date Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electri 1 w rk escri ed bel . Location(Street&Number) v Owner or Tenant le /t Owner's Address Is this permit in conjunction with a building permit: Yes©KNo (Check Appropriate Box) Purpose of Building [a/)/ / Utility Authorization No� r� Existing Service AmpsVolts Overhead M Underground No.of Meters New Service Amps�olts Overhead �Underground No.of Meters r Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work No.of Lighting Outlets No.of Hot Tubs No.of Transformers Total KVA No.of Lighting Fixtures Swimming Pool Above Below Generators KVA 30 round ground No.of Receptacle Outlets No.of Oil Burners No.of Emergency Lighting Battery Units No.of Switch Outlets No.of Gas Burners No,of Ranges No.of Air Cond. Total FIRE ALARMS No.of Zones Tons No.of Disposals No.of Heat Total Total No.of Detection and Pumps Tons KW Initiating Devices No.of Dishwashers Space Area Heating KW No.of Sounding Devices No.of Self Contained Detection/Soundin ices No.of Dryers Heating Devices KW Local Municipal Other J Connections No.of Water Heaters KW No.of No.of CJ Signs Bailasis No.Hydro Massage Tubs No.of Motors Total HP O'1IER- hisrranoeCoWrJW-RMUartIDthe tegtmern NsafMass hus lls Gff gpffmws IhaNcaamotLiATyharmmPbliry' Ccxnp& Cowr,wcritsw)tatmayvaiat YF5 NO lhavzslbrrmwdvalid procfof Offi=YES >f �ched�dYES plea hic*thetypeofoD�by drd>he INSURANCE BOND r701I-IFR (P1ea9eSptx>fy) 97MDale Etm&dValieofEbcWcal Work$ WodcmShmt hgpectimDa*R d Rough Final SigtedurderlTiel ofpeW' -.---� FIRMNAME LioarseNo. _ �/u cS f D Lica= A ame S' Lice�eNo '�+ BusmessTelNa AltTelNo. OW R'SINSURANCEWANI~R;lamawatethattheLioal9 d(� smthawdieir>stmncecomrWoritsabtpia asraquWbyMassadusMCeoWLaws and thatmysgAmrn thispmTxt4#cahcnwanes this mg metnat (Please check one) Owner Agent Telephone No. PERMIT FEE Signature or Uwner or Agent ii.•;%.%-Aruravi►►►•YU-•aivJ'ff"UX" n JMJlJ vmceuse omy� DEPAR7MENT0FPUBUCS4FEI'Y permit No. �7 S BOARDOFFIREPREVE NHONREGULAT70NSM70212iM Occupancy&Fees Checked APPLICATION FOR PERMI'TTO PERFORM ELECTRICAL WORK 10L1S ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE,527 CMR 12:00 1 n EASE PRINT IN INK OR TYPE ALL INFORMATION) Date/— 3/ - 0,, Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work escri d belo . Location(Street&Number) v ' Owner or Tenant /� Owner's Address Is this permit in conjunctionwith building permit: Yes[ No (Check Appropriate Box) aa�� fg Purpose of Building Utility Authorization No4;?-,3 cT Existing Service AmpsVolts Overhead a Underground 0 No.of Meters New Service -D()0 - Amps _2!.2g2Volts Overhead lizrunderground No.of Meters r Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work No.of Lighting Outlets No.of Hot Tubs No.of Transformers Total KVA No.of Lighting Fixtures Swimming Pool Above Below Generators KVA round round No.of Receptacle Outlets a No.of Oil Burners No.of Emergency Lighting Battery Units No.of Switch Outlets No.of Gas Burners No.of Ranges ( No.of Air Cond. Total FIRE ALARMS No.of Zones Tons ANof Disposals No.of Heat Total Total No.of Detection and Pumps Tons KW Initiating Devices moo,of Dishwashers Space Area Heating KW No.of Sounding Devices / No.of Self Contained Detection/Soundin Ices No.of Dryers Heating Devices KW Local Municipal._ Other J Connections er HeatersKW No.of No.of 6� Signs Bailasis Massage Tubs No.of Motors Total HP �'dg2.PIIISiYdfYmtltele(]11LLH71e11511�1S YY' Cornp)e� Covailsrialegtrivalalt YES NO vafidpcdofsWVRdf7, ZZ chwkd,YES,plea9eirtdraletherypeofoo�eby a apuff pr bmv B01`ID F1 OTHER ( Spmify) Date Estir WdValreofE7eCbJCal Wade$ k � � r i�ofp�---�� �1 S' LimwNo �-*�-- -�-- Busi=Td.NoL AkTdNa MJRANCEWAIVEP,IammwdutheLkmd"bavethekara=oDmageoritsabsMUO#GifftasmWmdbyMxmdlmMG=Wla%s 'gnaltnean duspearitappGadatlwai�esthisregtmerrlast ck one) Owner Agent M ��`�r Telephone No. PERMIT FEE �•7 Signatu-ne-or Owner or Agent 2 2, - Ro,U5, - d'� _ Z-- "7-- S��vice c © t- R Town of North Andover o, 40 RTH Office of the Conservation Department F? • Community Development and Services Division AATtO r�,y� 400 Osgood Street North Andover,Massachusetts 01845 Pamela A. Merrill Telephone(978)688-9530 Conservation Associate Fax (978)688-9542 November 19, 2004 Mr. Rob Ahern Highview, LLC 1501 Main Street, Unit 47 Tewksbury, MA 01876 RE: VIOLATION NOTICE,Lots 277 & 278 Cotuit Street,North Andover,MA (Site) [DEP File#242-12371 Dear Mr. Ahern: This letter has been prepared to bring several concerns to your attention observed during a site inspection at the above-referenced site. During the November 18, 2004 inspection, Conservation Staff observed several violations of the project's Order of Conditions, (DEP File #242-1237, issued on June 25, 2004) for the construction of a two-family dwelling with associated utilities and site clearing and grading. I offer the following list of action items, in order to bring the site into compliance with the Order of Conditions: ➢ The DEP sign is missing from the site. Please immediately post this sign, so that it's visible from the Cotuit Street. ➢ A detailed construction schedule was never submitted to this office. Please forward this schedule to this office no later than Tuesday,November 23,2004. The schedule should also reflect anticipated site stabilization methods subsequent winter and spring precipitation events. ➢ The erosion control should be maintained and/or replaced as necessary. Soils have overtopped the erosion control in several locations along the southern side of the house lot. Please remedy this item by no later than Monday,November 29,2004. ➢ The crushed stone filter berm construction is completely covered with sediment runoff. As such, it is not working as intended and the runoff has migrated onto Cotuit Street. Please immediately reinforce the construction entrance, as depicted on approved plan detail, dated February 25, 2004 revised June 2, 2004, and street sweep the runoff on Cotuit Street. BOARD OF APPEALS 688-9541 BIJILDING 688-9545 CONSERVATION 688-9530 HEALf11 688-9540 PLANNING 688-9535 r ➢ Hay bales must be installed along the construction entrance at the end of each day, in order to prevent further runoff from entering onto Cotuit Street. Please remedy this item by no later than Monday,November 29,2004. ➢ Hay bales have been used on both sides of the construction entrance to dam the drainage ditch along the shoulder of Cotuit Street to gain access to the upland area. As a result, several inches of water were observed on both sides of the entrance during the November 18, 2004 inspection. The 20-foot concrete box culvert with associated headwall and riprap outlet should be installed by no later than Wednesday, December 1,2004,to avoid potential flooding conditions and to accommodate the natural flow of the drainage ditch towards the catch basin. Please contact this office immediately following the completion to schedule a site inspection. ➢ The catch basin located on Cotuit Street was not protected with hay bales or silt sacks, and covered with several inches of leaf debris at the time of the inspection. Please do this by no later than Monday,November 29,2004. ➢ Two (2) unprotected soil stockpiles were in front of the foundation, along Cotuit Street. Please relocate all stockpiles to the designated stockpile area, as shown on the approved plans by no later than Monday,November 29,2004. ➢ In accordance with Condition#48, the Erosion Control Monitor(ECM) must submit weekly inspection reports to the North Andover Conservation Commission(NACC) once construction activities commence. To date,this department has not received any reports from Steve D'Urso (designated ECM). Please be aware this constitutes as a violation of the project's Order of Conditions. Furthermore, monitoring reports must be submitted immediately. If the above-mentioned activities are not met by the imposed deadline, this department reserves the right to take enforcement action, including a"Cease& Desist Order" and/or fine of not more than $100.00 per day, per violation, retro-active from the date of the inspection(11-18- ' 2004). Should you have any questions/comments regarding the contents of this letter, please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Sincerely, NORTHAN77NSE AT ON COMMISSION Pamela A. Merrill Conservation Associate Cc: Alison McKay, Conservation Administrator NACC Heidi Griffin,Community Director Jack Sullivan, P.E., Director of Engineering,NA DPW Bob Nicetta, Building Commissioner File Location Id a Cv`t r 4- Ss �- No. /�a� Date ,40RTN TOWN OF NORTH ANDOVER F41 9 49 Certificate of Occupancy $ Building/Frame/Frame Permit Fee $ sf+cwuse 9 Foundation Permit Fee $ Other Permit Fee yh k A $ TOTAL CA Check # f3301 ti I 0 —� Building Inspector Location ?, No. Date 01 -C/ MaWTM TOWN OF NORTH ANDOVER O?0•,,`,O .•,MO s 4 i ^ r Certificate of Occupancy $ / / 0 �'�s'•^° E��' Building/Frame Permit Fee $ �►cMus Foundation Permit Fee $ /� d Other Permit Fee $ TOTAL $ C�? �� r Check # ads t 176 17 Building Inspector TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REP RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING hr � r BUILDING PERMIT NUMBER: l/�� DATE ISSUED: �g� ! SIGNATURE: Building Commissioner/I or of Buildino Date 7 0 SECTION 1-SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map and Panel Number: j a �a GOTVIr � P7 aMap ��(Parcel Number Number \ 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area Fronts 11 {� 1.6 BUILDING SETBACKS ft f. Front Yard Side Yard Rear Yard Required Provide Required Provided Required Provided 30as �0 6f C 1.3. Flood Zone Information: 1.8 Sew 1.7 water supply M.G.L.c.ao. sa> crags Disposal system: Public r, Private ❑ Zone Outside Flood Zone 0 Municipal On Site Disposal S ❑ SECMN 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 1 ,17, .( - L7!7trict. 2.1 Owner f Record LL - A) Na n Address for Service: 21 111z �-- - 3 (-*0 - I Signature Telep one 2. Owner of Record: /� h [ Dame Print Address for Service: C Signature Telephone — — R SECTION 3-CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable ❑ RV-ssE�/ r, /ME/?,u Licensed Construction Supervisor: License Number `•r Address lXi fy/ W Ci C O 3 Expiration Date igna Telephone 9/'T-80 Registered Home Improvement Con ctor Not Applicable v r ^ m Name Pay M Registration Number r. Address r" Expiration Date Z Signature Telephone SECTION 4-WORKERS COMPENSATION(M.G.L.C 152 § 25c(6) Workers Compensation Insurance affidavit st be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the buildi it. Signed affidavit Attached Yq....... No.......C SECTION 5 Descriof Proposed Work check aU a ble New Construction kr Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: rZo vG orJ ©F- .(J / �& '8 Van ' SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to be OFFICIAL USE ONLY Completed by permit a licant 1. Building (a) Building Permit Fee Multiplier 2 Electrical ` (b) Estimated Total Cost of n Construction "/ 3 Plumbing Building Permit fee(a) x(b) 4 Mechanical(HVAC) S /) 5 Fire Protection 6 Total 1+2+3+4+5 a iaG Check Number SECTION 7a OWNER AUTHORIZAItION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner/Authorized Agent of subject property Hereby authorize to act on My behalf,in all matters relative to work authorized by this building permit application. r Signature of Owner Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION Ias Owner/Authorized Agent of subject pA aP�y Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief ure of Owner/A ent Date Q N S ' SIZE J r BASEMENT 9k SLAB S O OOR TIMBERS o2}C/U 1 10 2' SPAN DIMENSIONS OF S1LLS DIMENSIONS OF POSTS a X DIMENSIONS OF GIRDERS • IGHT OF FOUNDATION 2' 0 THICKNESS IZE OF FOOTING / i.21 X WATERIAL OF CHEVINEY /J/,7- IS J ,7-IS BUILDING ON SOLID OR FILLED LAND S c c 1 IS BUILDING CONNECTED TO NATURAL GAS LINE FORM U - LOT RE .EA:;E FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have beE,n obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION APPLICANT -(!.� �1 F � � er��c2 4 PHONE ,>G� -G 72 LOCATION: Assessor's Map Number-�- PARCEL _ SUBDIVISION LOT(S)1. STREET. oT ST ST.NUMBER) USE ONLY*********** �RECI' .��t,-sw-r�n��e Alz Tn AGENTS: �I / CONSERVATION ADMiNIST R DATE APF'ROVi:D DATE REJE�'TED COMMENTS A61-037 -7d,5, PLANNER DATE APPROVED DATE REJECTED - GOMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED EPTIC INSPECTOR-HEALTH DATE APPROVED DATE'REJECTEE :'OMMENTS F JBLIC WORKS-SEWERNATER CONNECTIONS /2 DRIV AY 1 RMIT G%l/ FIRE DEPARTMENT le R=-CEIVED BY BUILDING INSPECTOR_ Revised 9197 im t X342 z APPLICATION FOR SERVICE CONNECTION North Andover, Mass. 'U � �19"—`� R ' Application by the undersigned is hereby made to connect with the town water main in �� L;f Street, subject to the rules and regulations of the Division of Public Works. , The premises are known as No. 17-7— 174. r� V l Street or subdivision lot-rri6.1-- Gf '5of Owner Address 4 Contractor ;Applica ddresT'sSignature / PERMIT TO CONNECT WITH WATER MAIN The Board of Public Works hereby grants permission to ) V{~ to make a connection with the water main at Street subject to the rules and regulations of the Division of Public Works. Bolrd,of P blic Works By _71 Inspected by Date See back for rules and regulations a. 22456 �L. APPLICATION FOR SEWER SERVICE CONNECTION---j North Andover, Mass. C2; Application by the undersigned is hereby made to connect with the town sewer main in (/1 PP Street, subject to the rules and regulations of the Division of Public Works. 7 I f ✓/ The premises are known as No. /Z Street or subdivision lot no. — L 0wherAddress � � Contractor Address ' Appli ant's Signature PERMIT TO CONNECT WITH SEWER MAIN l.0. Z The Division of Public Works hereby grants permission to to make a connection with the sewer main at v/ Street subject to the rules and regulations of the Division of Public Works.. Division of Public Wo ks By Inspected by Date See back for rules and regulations 4- TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01945 J.WILUAM HMURCIAK, P.E. Telephone(978)685-091. DIRECTOR Fax(978)686.9573 � NORTq U tcn ' ��0 1Or �• .6 O� 9 4 4 L �� 4 DRIVEWAY PERMIT DATE 6 17.Z—I�i LOCATION Cc, 7- S✓- z 3 BUILDER none '�79-3bo -6560 OVVtdER .` fri' � Z- c phone 77k-26/0 -014"o THE NORTH ANDOVER SUPERINTENDENT OF OPERATIONS MUST BE NOTIFIED OF THE GRADE AND SETBACK FROM STREET. CALL THE SUPERINTENDENTS OFFICE BEFORE FINISH GRADING AND SURFACING FOR APPROVAL OF SUCH ENTRY. FAELVRN TO COMMY AND OSTAEN APPROVAL VOEDS TWS PERMIT. APrit CArJ IS 5rGNAYu,e8 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02911 1 1V Workers'Compensation Insurance Affidavit Name Please Print t. Name: l /� i�j G, L �-� ;/�""y 5"�(l r 1,71, Location: Ge 7z i 7' S'i /-?12r 21 L-i-'3 City Phone # `i -7 e _?G o ._ —1 I am a homeowner performing all work myself. F-1 I am a sole proprietor and have no one working in any capacity (� I am an employer providing workers' compensation for my employees working on this job. Company name, OQ44 C� 0�Je t�P/_1 0-,JT- Address J'71 Y 7 City: _ ✓ � v�c 1"9 r4 0 -Ib" Phone �i 7f e " 20 e Insurance Co. PolicV# Company name: Address City Phone#: Insurance Co __ Policy# Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of•a fine up to$1,500.00 and/or one years'Pmprisonmerit as well.as.cWi penattiesinshefoandAMDP111LORKDRDERand_armeofJSiD0.D )a day.againstme: I understand that a copy of this statement may be forwarded to the office of Investigations of the DIA for coverage verification. I do hereoy certify under themepins an a e information provided above is no and correct. Signature -. Date Print name /Z Self �= AA�� Pb!one# > T -TGO Official use only do not write in this area to be completed by city or town official' City or Town P2EU14 jcensing El Building Dept ❑Check if immediate response is required p Licensing Board p Selectman's Office Contact person: Phone#: E] Health Department 0 Other 04/15/1996 00:11 111111111105 PAGE 02 I I MAScheck COMPLIANCE REPORT I I Massachuset"s Energy Code I Permit # I MAScheck .Software Version 2.01 Release 3 I ; i _ t Checked by/bate I CITY: North Andover STATE: Massachusetts RDA: 6322 CONSTRUCTION TYPE: 1 or 2 'Fami.ly, Detached HEATING SYSTEM TYPE: Other (Non-Electric Resistance) DATE: 6/7/04 COMPLIANCE: Passes Maximum UA' = 334 Your Home 259 Area or Cavity Cont. Glazing/Door perimeter R-Value R-Value U-Value UA CEILINGS 480 30.0 0.0 17 WALLS: Wood Frame,, 1.6" C.C. 1.844 13.0 0.0 151 GLAZING: Windows or Doors 136 0.370 5o DOORS 30 0.270 8 DOORS 19 0.350 7 FLOORS: Over unconditioned Space 560 19.0 0.0 26 HVAC EQUIPMZNT: Furnace,.. 90.0 AFUE - - ^ ' -~-___._._ COMPLIANCE .ST°ATEMENT: The proposed building designdescribedhereis consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the requirements of the Massachusetts Energy Code. The heating load forthis building, and the cooling load if appropriate, has been determined usipg the applicable Standard Design Conditions found in the .Code:. The RVAC equipment selected to heat or cool the building shall be no greater than ]1,Z51,pf the design load as specified in Sections 78OCMR 1310 a :��-J4, Builder/Designer Date, � c L.d FORM A T 1, r 1 c p v APPLICATION FOR APPROVAL NOT REQUIRE DATE: (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: 4JI2.C, 14 V Address: 7C 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)j: t:n 117 it tj&12 2 2/ P-4:!!- 3.Deed Reference: Book—!S—7 , Page--nj±j-13 or Certificate of Title: 4.Name of Surveyor: n Ck 4"" c e- Address: (, 6- (24fz-& S L del L/% 6 Signature of Owner(s): Address: A Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a) a public way,or _b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of.Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: • /A Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yW�rrs��lani North AndsrdBYDat ti CJ h.? IZD G r> > CD M =; .� CD W i a Notice to APPLICANUTOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board ' By: Date: 1 North Andover Building Department Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 11, S 150 A. The debris will be disposed of in: ,), 011 CD,rv4( * (Location of Facility) rehI&Ir, Signature of Permit Applicant Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector 08/25/2004 15:22 9788583851 ROB.AHERN PAGE 01 r Towle of North Andover o er Office of the Planning g 1epartment . Q•-�,�r�ao e,Ae• CoamMUnity Development and Services Div]Wio Y . ' xt 27 Charles Street North Andover,Massachusetts 01845 ""max. • �,S w•�••*°'� .townofi�ordiandovm.com Town Plaimer. iyaurrinc>etownofno andover.Com Julie Vondralc F (978)69&9b35 IF (978)68&9542 August 24, 2004 Highview LLC 1501 Manz Street,Unit 47 Tewksbury, MA,01876 ,Att:Kenneth Ahern. Re: Grandfathered status of two f mWy lot Dear Mr. Ahern: I have reviewed the materials you subnitted to the P your position on the �office on August 20, 2004 regarding applicability of the new R-4 zoning changes Upon Your undeveloped lot on Cotuit Street. You arc proposing to construct a two f mwndments to the R-�4 zoning district, voted upon at Town Meet on the undeveloped the issu lot. The o e Special Per'n't from the Zoaning Board of Appeals fbr all new two ' of R-4 zoning district. I have reviewed your submitted information referencing Chapter ate m�e Section 6 and agree that the lot is grandfathered,as an ANR pian was submitted to the Planning Department and Town Clerks o;ffiice on April 26,2004 and endorsed by myself of May 10, 2004. Your property is exempt from the zoning change for a period of three years from the date of endorsement and your project will not require a Special Peixlait fromi the Apt • Zoning Board of If you-have any questions,plea. el free to contact meat(978)688-9535_ Thanlc.you. SincereiY,___� Jr. / J Vo fanner CC:Planning Board Robert Nicetta,Building Commissioner BOARD oP APParALS 688.9541 BUXLDMQ 688-9545 CONSERVATION 688-9530 HEALTHOSS-950 PLANNTNO 688-9535 • HIGHVIEW LLC T RAN SMITTAL To: MICHAEL MAGUIRE From: Kenneth Ahern,Project Manager COMPANY:NORTH ANDOVER DATE:AUGUST 20, 2004 C TSR FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 13 PxoNE NUMBER: 978-688-9545 Office 978-475-9247 Fax 978-470-0151 Cell 978-423-1521 RE: PROJECT grandfathered status of a two-family Cotuit St lot labelled"Lot#277&278" vacant lot in the R-4 zoning district North Andover,MA 01845 ❑ URGENT ®FOR YOUR USE ❑ PLEASE COMMENT ® PLEASE REPLY ❑ PER YOUR REQUEST NOTES/COMMENTS: Dear Mr. Maguire I am writing this letter with supporting documents to present our view that the Cotuit St.lot is exempted from the recent zoning change which requires an applicant to first obtain a Special Permit through the Zoning Board of Appeals prior to filing a two family building permit application.We believe we are grandfathered from this Special Permit requirement.Please find attached a copy of the endorsed and recorded ANR plan for one lot labeled"Lot#277&278" on the corner of Cotuit and Dartmouth streets.This plan was submitted under the provisions outlined in MGL Chapter 41 Sections 81P and 81T (copies attached).The plan was submitted to the Planning office and the Town Clerk's office on April 26, 2004;endorsed on 5/10/2004 and recorded at the Registry of Deeds on 5/25/2004.The zoning change in the R-4 zone requiring a Special Permit application for two-family dwellings was voted affirmatively at Town Meeting on or about May 22,2004. Attached is a copy of MGL Chapter 40A Section 6 wherein I have highlighted in yellow the pertinent section that states: "When a plan referred to section eighty-one P of chapter forty-one has been submitted to a planning r board and written notice of such submission has been given to the city or town clerk,the use of the land shown on such plan shall be governed by the applicable provisions of the zoning ordinance or by-law in effect at the time of the submission of such plan while such plan is being processed under the subdivision control law including the time required to pursue or await the determination of an appeal of an appeal referred to in said section,and for a period of three years from the date of endorsement by the planning board that approval under the subdivision control law is not required,or words of similar import." Also provided is a copy of the Supreme Judicial Court of Mass.court decision in"Sonya Marashhan et al versus the ZBA of Newburyport"wherein abutters opposed the construction of a hotel and associated parking and traffic. I've highlighted in yellow the relevant point on page 5 that relieves the hotel from filing for a Special Permit due to the zoning protection afforded by an ANR plan endorsement of the locus. Please do not hesitate to call my cell#978-423-1521 if you wish to discuss this matter further. Ken Ahern Office Address:1501 Main St Unit 47 Tewksbury,MA 01876 (978)851-3048 Fax:(978)858-3851 Billing address:P.O.Bos 160 Merrimac,MA 01860 email:s7eng@comcastnet 4OA § 5 CITIES, TOWNS AND DISTRICTS Note 71 Powers granted tonin Peals Power former g board of ap- ordinances. c. 40A did not include Bearce v. Zoning Bd. of Power to nullify acts of local legislative Appeals a Brockton (1986) 219 N.E.2d 15, 351 Ma body in adopting and amending zoning Brockton 316. § 6• Ming structures, uses, or permits; certain subdivision Plans; aPPlication of chapter Except as hereinafter provided, a. zoning ordinance or by-law shall not apply to structures or uses lawfully begun, or to a building or special perndt issued before existence the first pubhy cation of notice of the public..hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to structural change of such structure and to any alteration ofea struor c- ture begun after the first notice of said public hearing to provide its use for a substantially P e for in a substantially asy different Purpose or for the same purpose different manner or to a substantially greater ex- tent except where alteration, reconstruction)n e change to a single or. tw _ � xtension or structural o famil residential crease the nonconforming Y dentlal structure does not in, the s g nature of said structure pr g structures or uses may be extended or altered, non- that no such extension or alteration shall be permitted Provided, a finding by the permit P rmitted unless there is granting authoritygranting authority or by the special permit designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detri- mental than the existing nonconforming This section shall not apply to billboards, to the neighborhood. devices subject to the gns and other advertising thirty-three, inclusive, ofchapter ms of sections twenty-nine through three D. ninety-three, and to chapter ninety_ A zoning ordinance or by-law shall provide that construction or operations under.a buildin g or subsequent amendment of the Ordinancecpermit bt shall conform to any construction is commenced within a by-law of no unless the use or months after the issuance of the permit and in casmore es involvin n tha six struction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. - A zoning ordinance or by-law may Y define g uses and and regulate structures noncon- forming a abandoned or not Years or mor used-for e. a Period od of Any increase in area, frontage, width ments of a zoning ordinance � Yard, or depth r Inant require. eorb _ � e- single and two-famil by-law shall not apply to a lot for, or endorsement, whichever cc ire o which was not time of recording ownership with any adjoining land held in common, gmi'ements and had less than the proposednf red to then but at g re-' but at least 110 ZONING 40A § 6 five thousand square feet of area and fifty feet of frontage. Any in- crease in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot,was recorded or en- dorsed and such lot was held in common ownership with any ad- joining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and had less area, ,frontage, width, yard or depth requirements than the newly effective zoning requirements but contained--at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to Janu- ary first, nineteen hundred and seventy-six, and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of this paragraph shall not be construed to prohibit a lot being built Upon, if at the time of the building, building upon such lot is not pro- hibited by the zoning ordinances or by-laws in effect in a city or town. If a definitive plan, or a preliminary plan followed within seven months by a definitive plan, is submitted to a planning board for ap- proval under the subdivision control law, and written notice of such submission has been given to the city or town clerk before the effec- tive date of ordinance or by-law, the land shown on such plan shall be governed by thea lits PP bler ' p ovisions of the zoning by-law, if anring ordinance or y, in effect a t the . e time of the first such submission while such plan or plans are being processed under the subdivision vis o law, and, if such definitive plan or an amendment thereof is finally approved, for five years from the date of the endorsement of such approval, except in the case where such plan was submitted or sub- mitted and approved before January first, nineteen hundred and seventy-six, for seven years from the date of the endorsement of such approval. When a plan referred to section eighty-one P of chapter forty-one has been submitted to a planning board and written notice of such submission has been given to the city or town clerk, the use of the land shown on such plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submis- sion of such plan while such plan is being processed under tfie sub- division control'law including the time required to pursue or await the determination of an appeal referred to in said section, and for a. period of ,tee, years from the date of endorsement by the planning board that approval under the subdivision control law is not re. quired, or words of similar import. Disapproval of a plan shall not serve to to rrainate any which shall have accrued under the provisions PP of flus section rights vided an appeal from the decision disc rovin , pro- id said plan is made 111 ken ahern From: L-exisNexis (TM) Print Delivery[lexisnexis@prod.lexisnexis.com] Sent: Monday, July 12, 2004 6:49 PM To: s7eng@comcast.net; smahern@aol.com... Subject: Lexishlexis(TM)am zoning prat spec permt 27+++ (1862:3735640) LEXSEE 421 MASS. 719 SONYA MARASHLIAN & another nl v. ZONING BOARD OF APPEALS OF NEWBURYPORT & others. n2 nl Christopher L. Snow. p The city council of Newburyport and the planning board of Newburyport were original plaintiffs in this suit and did not appeal from the decision of the judge in the Superior Court Department. n2 Newburyport Redevelopment Authority and Foster Properties, Ltd. SJC-06784 SUPREME JUDICIAL COURT OF MASSACHUSETTS 421 Mass. 719; 660 N.E.2d 369; 1996 Mass. LEXIS 18 September 13, 1995, Argued January 22, 1996, Decided PRIOR HISTORY: [***1] Essex. Civil action commenced in the Superior Court Department on March 31, 1989. The case was heard by John P. Sullivan, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. DISPOSITION: Affirmed. LexisNexis (R) Headnotes HEADNOTES: Zoning, Person aggr'_eved, Appeal, Parties, Variance, Frontage. Practice, Civil, Findings by judge, Zoning appeal, Standing, Parties. COUNSEL: Mark J. Guay for the: plaintiffs. Timothy J. Courville for Foster Properties, Ltd. Judith H. Mizner, for Lisa L. Mead, amicus curiae, submitted a brief. JUDGES: Present: Liacos, C.J. , Wilkins, Abrams, Lynch, O'Connor, Greaney, & Fried, JJ. O'CONNOR, J. (dissenting, with whom Lynch and Greaney, JJ. , join) . OPINIONBY: LIACOS OPINION: [*719] [-*3711 LIACOS, C.J. The defendants Newburyport Redevelopment Authority 1 f (Authority) and Foster Properties, Ltd. (Foster) , sought and received a special permit and two zoning variances from the zoning board of appeals of Newburyport (board,' , so as to construct a hotel in Newburyport's downtown [*720] waterfront area. The plaintiff abutters appealed from the board's decision under G. L. c. 40A, § 17 (1994 ed. ) , n3 to the Superior Court. After a contested evidentiary hearing, [***2] a Superior Court judge found that the abutters had standing to contest the board's action, but that the board did not exceed its authority in granting the requestec: special permit and variances. The Appeals Court, in a rescript opinion, affirmed the judgment based on its conclusion, contrary to the finding of the Superior Court judge, that the plaintiffs lacked standing under G: L. c. 40A, § 17. Ma.rashlian v. Zoning Bd. of Appeals of Newburyport, 37 Mass. App. Ct. 931, 933, 641 N.E.2d 125 (1994) . We granted the plaintiffs' application for further appellate review. We affirm the judgment of the Superior Court. We state our reasons. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n3 General Laws c. 40A, § 17 (1994 ed. ) , reads in relevant part: "Any person aggrieved by a decision of the board of appeals or any special permitrantin g g authority or by the failure of the board of appeals to take final action concerning any appeal, application or petition within the required time . . . concerning any application for a special permit within the required time, whether or not previously a party to the proceeding, or any municipal officer or board may appeal to the land court department, the superior court department in which the land concerned is situated . . . by bringing an action within twenty days after the decision has been filed in the office of the city or town clerk. . . . The complaint shall allege that the decision exceeds the authority of the board or authority, and any facts pertinent to the issue, and shall contain a prayer that the decision be annulled. " - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [***3] The city council of Newburyport adopted an urban renewal plan in 1965 to revitalize Newburyport's downtown business district, then in "substantial economic decline and disrepair. " The last remaining parcel owned by the Authority and designated .for urban renewal is the subject of this litigation, a vacant lot located on -he Merrimack River. n4 In 1987, the Authority authorized Foster to develop a ho-:el on the lot. The planned hotel was to include 123 guest rooms, a restaurant, a banquet room, and meeting rooms. In 1989, the Authority and Foster applied. to the board for a special permit [*721] to allow hotel use on the lot, and two zoning variances. The variance applications sought permission to develop the project with less than the required 959 parking spaces and 120 feet of frontage. The plaintiffs own commercial and residential property adjacent to and direct:_y across the street from the proposed hotel. - - - - - - - - - - - -- - - Footnotes - - - - - - - - - - - - - - - n4 For an extensive recitation of the history of the locus and of earlier litigation involving it:, see Newburyport Redevelopment Auth. v. Commonwealth, 9 Mass. App. Ct. 206, 401. N.E.2d 118 (1980) . - - - - - - - - - - - -• End Footnotes- - - - - - - - - - - - - - Only a "person aggrieved" may challenge a decision of a zoning board of appeals. G. L. c. 40A, § 17. Watros v. Greater Lynn Mental Health & Retardation Ass'n, Inc. , ante 106, 107 (1995) . Green v. Board of Appeals of Provincetown, 404 Mass. 571, 572, 536 N.E.2d 584 (1989) . [***4] A plaintiff is a "person aggrieved" if he suffers some infringement of his legal rights. Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430, 86 N.E.2d 920 (1949) . The injury must be more than speculative, Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 335, 613 N.E.2d 893 (1993) (Abrams, J. , dissenting) , but the term "person aggrieved" should [**372] not be read narrowly. Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957) . Cummings v. City Council of Gloucester, 28 Mass. App. Ct. 345, 350, 551 N.E.2d 46 (1990) . Abutters entitled to notice of zoning board of appeals hearings enjoy a rebuttable presumption they are "persons aggrieved. " See Watros, supra at 111; Marotta, supra at 204 . If standing is challenged, the jurisdictional question is 2 decided on "all the evidence with no benefit to the plaintiffs from the presumption. " Id. Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 131, 597 N.E.2d 48 (1992) . A review of standing based on "all the evidence" does not require that the factfinder ultimately find a plaintiff's allegations meritorious. To do so would be to deny standing, after the fact, [***5] to any unsuccessful plaintiff'. Rather, the plaintiff must put forth credible evidence to substantiate his allegations. In this context, standing becomes, then, essentially a question of fact for the trial judge. See Bedford v. Trustees of Boston Univ. , 25 Mass. App. Ct. 372, 377, 518 N.E.2d 874 (1988) . The plaintiffs here are abutters who received notice of the board's proceedings. Thus, they were rebuttably presumed to have standing. Each owns property across the street from the [*722] proposed hotel. The plaintiffs' properties are in a zcning district (downtown business) that is more restricted than the zoning district in which the hotel is proposed (waterfront mixed use) . See Circle Lounge & Grille, Inc. , supra at 432. The plaintiffs' standing was challenged and thus the jurisdictional question was [***6] decided on all the evidence. Thelaintiffs claim P to fear increased traffic and decreasedarking availability lability due to the defendants development of the lot. Such concerns are legitimately within the scope of the zoning laws. Circle Lounge & Grille, Inc. , supra at 427. Bedford v. Trustees of Boston Univ. , supra at 374, 376-377. The judge found that the hotel project will result in a "minimal increase in traffic and a decrease in the number of currently available public parking spaces. " This finding is supported by the record. There is also evidence to support the judge 's findings that Marashlian's property was "within the scope of concern of the Zoning Enabling Act" and that Snow had an "interest in protecting his residential and retail tenants, the clients who visit his own place of business, his employees and himself from any increased traffic and congestion. " The findings of the judge should not be overturned unless "clearly erroneous. " Mass. R. Civ. P. 52 (a) , 365 Mass. 816 (1974) . On review of the record, we conclude that the judge's findings were not clearly erroneous. See Bedford, supra at 377 (abutter's concerns of increased pedestrian and vehicular traffic, [***7] loss of parking, and potential threats to pedestrian safety were sufficient to uphold abutter's standing even in the face of evidence that "proposed construction would have no adverse impact on the plaintiff") ; Paulding v. Bruins, 18 Mass. App. Ct. 707, 709, 470 N.E.2d 398 (1984) , quoting Rafferty v. Sancta Maria Hosp. , 5 Mass. App. Ct. 624, 629, 367 N.E.2d 856 (1977) (determination of "agg::ieved." matter of degree calling for discretion rather than inflexible rule) . The cases relied on by the judge are consistent with the principle that "person aggrieved" should not be construed narrowly. Marotta, supra at 204. Godfrey v. Building Comm'r of Boston, 263 Mass. 589, 591, 161 N.E. 819 (1928) . [*723] The Appeals Court denied the plaintiffs standing to challenge the proposed hotel, stating that "based on the judge's findings, Snow and Marashlian have failed to make a 'spec-_fic showing that the plaintiffs will either be injured or that such an injury would be special and different from that which others throughout the zone would experience . . . ' " (emphasis added) . Marashlian v. Zoning Bd. of Appeals of Newburyport, 37 Mass. App. Ct. 931, 933, 641 N.E.2d [***8] 125 (1994) , quoting Cohen v. ZoningEdof . Appeals of Plymouth, 35 Mass. App. Ct. 619, 623, 624 N.E.2d 119 (1993) . As discussed, the plaintiffs must put forth credible evidences to substantiate claims of injury to their legal rights. The plaintiffs met that: burden here. The record shows that both plaintiffs currently utilize public street parking to meet their business and personal needs. The [**373] judge found that traffic after the proposed hotel construction would increase, if minimally, and that some public parking spaces would be lost. These fears, based on all the evidence, are neither speculative nor too remote to make the plaintiffs persons "aggrieved. " See Boston Edison Co. v. Boston Redevelopment Auth. , 374 Mass. 37, 46, 371 N.E.2d 728 (1977) . That the judge ultimately found the reduced number of spaces provided by the variance to be adequate does not defeat a claim of injury to legal rights of the type intended to be protected by the zoning enabling act. Such a finding goes to the plaintiffs' success on the merits and not to their ability to challenge acts of the board. n5 3 - ,- - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n5 The rescript opinion of the Appeals Court in Riley v. Janco Cent. , Inc. , 38 Mass. App. Ct. 984, 652 N.E.2d 631 (1995) , is consistent with our decision. In that case, the Superior Court judge granted summary judgment for the landowner defendant (Janco) on the issue of the plaintiff abutter's standing to challenge the grant of variances and of a special permit. The variances allowed the defendant to erect. nonconforming signs on the property and to pave a parking area within four, rather than the required five, feet of the building. The plaintiff's affidavits: failed specifically to address how the signs or the Parking area would affect the plaintiff's property interests. In a deposition not part of the record (and therefore properly not considered on the motion for summary judgment) , the plaintiff appears to have stated that one of the variances "probably makes room for two-way traffic, " thereby allowing more lights from automobiles to shine into the plaintiff's home. The judge found that such an assumption was speculative, and even when considered in addition to the parties' affidavits, failed to establish what the Appeals Court referred to as a "'plausible claim of a definite violation of a private right, property interest, or legal interest. ' Harvard Square Defense Fund, Inc. v. Planning Bd. of Cambridge, 27 Mass. App. Ct. 491, 493, 540 N.E.2d 182 (1989) . " Riley v. Janco Cent. , Inc. , supra at 985. Unlike the tangible loss of parking spaces and increased traffic Marashlian and Snow will experience, the possibility that headlights from automobiles in an adjacent parking lot will shine in the plaintiff's window is just the type of "uncorroborated speculations" sought to be avoided by the standing requirements of G. L. c. 40A, § 17 (1994 ed. ) See Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 136, 597 N.E.2d 48 (1992) . Additionally, the judge found that the nonconforming use of the lot was statutorily protected as preexisting, and thus found it unnecessary to decide the issue whether the plaintiff had standing to challenge the grant of the special permit. Riley v. Janco Cent. , Inc. , supra at 986. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [***g] [*724] The Appeals Court r=lied primarily on Barvenik v. Aldermen of Newton, supra at 131-133, to deny standing. n6 That case, and several decided after it, seem to require that a plaintiff, in order to obtain standing, show a substantial likelihood of harm greater than that which could result from a use of the property permissible a;s of. right. This line of cases appears to be a departure from those previously decided at the time of the judge's decision. We decline to adopt such a rule, except to the extent that it requires specific facts to establish perceptible harm. n7 Although the magnitude of the threat of harm to a potential plaintiff in relation to the threat of harm from a use permissible as of right is a factor that may be considered, it is not dispositive of the standing issue. See Tsagronis, supra at 334-335 & n. 1 (Abrams, J. , dissenting) ; n8 Circle Lounge & Grille, Inc. , supra at 430. - - - - - - - - - - - -- - - Footnotes - - - - - - - - - - - _ _ _ _ n6 Barvenik v. Aldermen of Newton, supra, was decided after the judge issued his opinion in this case. n7 See Monks v. Zoning Bd. of Appeals of Plymouth, 37 Mass. App. Ct. 685, 688, 642 N.E.2d 314 (1994) ; Cohen v. Zoning Ed. of Appeals of Plymouth, 35 Mass. App. Ct. 619, 621-622, 624 N.E.2d 119 (1993) ; Jaffe v. Zoning Ed. of Appeals of Newton, 34 Mass. App. Ct. 929, 612 N.E.2d 693 (1993) . [***10] n8 The standing issue in Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 330 n. 4, 613 N.E.2d 893 (1993) , involved evidence of a partially-obstructed view, together with the perceived decline in their property's value. While the dissent argued in that case that those concerns were insufficient to confer standing on the plaintiff abutters, the parking and traffic concerns involved here are clearly of the type envisioned by the Zoning Enabling Act. 4 We note also that in Tsagronis, supra, the court concluded, notwithstanding the dissent (in which the author of this opinion joined) , that the evidence was sufficient to give standing to the plaintiffs. The court's decision is, of course, the law by which we abide. - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*725] The Superior Court judge made extensive findings with regard to the merits of the plaintiffs' claims, all of which are supported [**374] by evidence in the record. These findings will not be disturbed unless clearly erroneous. Mass. R. Civ. P. 52 (a) . See Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 160-161, 360 N.E.2d 1051 (1977) (phrase "clearly erroneous" [***11] defined) . The judge's thirty-three page opinion shows a thorough analysis and discussion of all relevant issuers in this case. We discuss each issue here briefly. The judge ruled, inter alia, that the use of the locus for a hotel was protected as of right under G. L. c. 40A, § 6 (1994. ed. ) . n9 The locus was endorsed "approval not required" (ANR) in 1987, prior to the amendment of the zoning laws changing the district in which the lot is located from "downtown. business" (in which a hotel is permitted as of right) to waterfront mixed-use (in which a special p permit is required for hotel use) . Thus, the "zoning freeze" was in effect for a three-year period, allowing development of the lot as a hotel as of right. g No special permit was re for required or the locus to be used for a hotel as of right. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n9 Under that statute in conjunction con'un with ith G. L. c. 41 § 81P (1994 ed. ) (subdivision control law) , a person may seek a declaration by the planning board in a city or town in which the subdivision control law is in effect, that a plan does not require approval under the subdivision control law. A majority of the board may endorse the plan as not requiring approval, or a majority of the board may authorize a person to endorse such a plan. An "approval not required (ANR) " endorsement creates a "zoning freeze, " in which the laws applicable to the lot at the time of endorsement remain applicable for a period of three years. G. L. c. 40A, § 6. The plaintiffs' claim that the chairman of the planning board was not authorized by the then current majority of the board (albeit authorized previously) and had no authority to endorse the plan in 1987 is supported neither by the language=_ of the statute nor by common sense. The judge correctly ruled the ANR endorsement to be valid. - - - - - - - - - - - -- End Footnotes- - - - - - - - - - - - - - [***12] The judge found that the proposed hotel site is subject to unique conditions, not the result of the defendants' actions, [*726] which render it appropriate for a parking variance, n10 He further found that as a result of these conditions, it would be "economically impractical" and not "economically feasible" to provide the required 959 parking spaces. These findings are supported by the record. The plaintiffs argue that no variance should be granted unless the property would be virtually unusable without a variance, and that the proposed hotel site could be used as a restaurant, retail space, or for We reject the proposition that a variance is unwarranted if any possible other o parking. use can be made of a site. Cf. Rodenstein v p . Board of Appeal of Boston, 337 Mass. 333, 336-337, 149 N.E.2d 382 (1958) . The judge determined that such other uses, given the already existing number of establishments in the area, would not be economically feasible. His conclusion that literal enforcement of the zoning laws would create a substantial hardship, financial or otherwise, to the owners of the property is neither clearly erroneous nor does it constitute an error of law. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n10 These findings include the fact that the "public trust doctrine" precludes private use of land below the low-water mark, that development is subject to approval of the Massachusetts Department of Environmental Quality 5 Engineering pursuant to G. L. c. 91 (1994 ed. ) , that the locus is situated in an historic district, that an existing stipulation forbids certain construction that would obstruct the waterfront view (thus precluding construction of an above-ground garage) , that the parcel is surrounded by historic buildings and a boardwalk precluding waterfront access, and certain topographic and soil conditions resulting from the parcel's low elevation make a parking garage with 959 parking spaces nonfeasible. - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [***13 J Finally, the judge ruled that no frontage variance was required because once Ferry Wharf Way is conveyed, as required by stipulation, it will constitute a street for purposes of meeting the frontage requirement. nll We believe that the [*727] street need :**3751 not meet current planning board standards provided it is sufficiently us�ible to meet the definition of "street" in the Zoning Ordinance of Newburyport. n12 There is evidence in the record that Ferry Wharf Way is of historic origin and is presently of suitable width and grade to be accessible by four-whE!el vehicles as well as pedestrians, and public access will be forever protected tinder the stipulation. There was no error. - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - nll The plaintiffs claim that the issue whether a frontage variance was unnecessary was not raised before the board and therefore is improperly before this court. Although an appeal to a board from the action of an administrative officer is limited to the content of the application, see G. L. 40A, § 15 (1994 ed. ) ; DiGiovanni v. Board of Appeals of Rockport, 19 Mass. App. Ct. 339, 345 (1985) , that rule is not implicated here. The issue was decided at trial and is properly before this court. See Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 9, 416 N.E.2d 1382 (1981) (" [A] nonjurisdictional issue not presented at the trial level need not be considered on appeal', [emphasis added] ) , quoting Royal Indem. Co. v. Blakely, 372 Mass. 86, 88, 360 N.E.2d 864 (1977) . [***14] n12 The ordinance defines "street" as "a public thoroughfare which has been accepted for public use; an existing private thoroughfare in use which has not been accepted for public use; or a planning board approved sub-division street. " - - - - - - - - - - - •- End Footnotes- - - - - - - - - - - - - - Concluding that the Superior Court judge's findings and rulings as to standing and to the merits of the plaintiffs' challenge were not in error, we affirm the decision of the Superior Court. So ordered. DISSENTBY: O'CONNOR DISSENT: O'CONNOR, J. (dissenting, with whom Lynch and Greaney, JJ. , join) . The Superior Court judge "ruled that Christopher Snow and [Sonya] Marashlian have standing to maintain this action as 'aggrieved persons' under G. L. c. 40A, § 17 Relying on Sherrill House, Inc. v. Board of Appealof Boston, 19 Mass. App. Ct. 274, 276, 473 N.E.2d 716 (1985) , the judge reasoned that "even if Snow and Marashlian were to prove no more than the likelihood of fear of harm on the part of themselves, their visitors, clients and employees, they have standing to maintain this action. " The judge's reasoning and ruling were incorrect. The judge [***15] should not have relied on Sherrill House, Inc. , supra. In Sherrill House, Inc. , supra, the plaintiff operated a nursing home as a nonconforming use in a residential district. The Appeals Court held that the plaintiff lacked standing to challenge a decision of the Boston board of appeal [*728] granting to the owner of neighboring property a permit to change the use of that property from a hospital to a correctional facility. Id. at 275-279. The Appeals Court concluded that the plaintiff lacked standing to challenge the 6 Y board"s action because the plaintiff was "operating under a nonconforming use. " Id. at 276. The court observed in dictum, however, that the plaintiff would have had standing to challenge the board's decision if the plaintiff had not been operating under a nonconforming use and had proved a likelihood that, following the conversion of the neighboring hospital to a correctional facility, the plaintiff's nursing home clients, visitors and employees would fear that they would become assault victims as a result of a correctional facility being located next door. Clearly, fear of that kind would tend to diminish the market value of the plaintiff's property. However, [***16] it does not follow that, to have standing to c:Zallenge the action of the defendant board of appeals in this case, the plaintiffs needed only to prove the likelihood that, in advance of the zoning board's decision being implemented, the plaintiffs, their clients, visitors or employees feared that the decision would result in an increase in traffic or a decrease in parking spaces. In a single proceeding, the judge in the Superior Court heard evidence that bore not only on the issue of standing, but also on the substantive-issues relating to whether the zoning board of appeals of Newburyport had exceeded its authority in granting a special permit and two variances to the Newburyport Redevelopment Authority and Foster Properties, Ltd. The judge concluded that the plaintiffs had standirg to challenge the zoning board's decision, but that the decision was lawful. The court affirms that decision. In my view, the plaintiffs did not have standing and therefore the court did not have jurisdiction to review the board's decision. Riley v. Janco Cent. , Inc. , 38 Mass. App. Ct. 984, 985, 652 N.E.2d 631 (1995) . I would vacate the judgment and dismiss the action. n1 - - - - - - - - - - - - - Footnotes - - - - - _ - - - _ nl As a practical matter, the defendants "prevail" whether the court affirms the judgment, as it does here, or the case is dismissed, as I advocate. I write separately only because I believe the court's treatment of the standing issue is incorrect and may have an adverse impact on the development of the law. - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*729] [***17] As the court says, ante at "Abutters entitled to notice of zoning board of appeals hearings enjoy a rebuttable presumption [**376] they are 'persons aggrieved. ' [Watros v. Greater Lynn Mental Health & Retardation Ass'n 111 1995 . " ante ( ) ] When a 106 defendant challenges the plaintiff's standing and supports that challenge with evidence of lack of aggrievement, the jurisdictional issue must be decided on the basis of the evidence without reference to the presumption. Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957) . Barvenik v. Aldermen of" Newton, 33 Mass. App. Ct. 129, 131, 597 N.E.2d 48 (1992) . Bedford v. Trustees of Boston Univ. , 25 Mass. App. Ct. 372, 376, 518 N.E.2d 874 (1988) . Sherrill House, Inc. v. Board of Appeal of Boston, supra at 275. In this case, the challenge to the plaintiffs' presumed aggrievement (and therefore standing) was supported by evidence of nonaggrievement. The presumption of standing therefore disappeared and the plaintiffs had the burden to prove to the judge the necessary facts to establish it. Barvenik v. Aldermen of Newton, supra at 131-132. The plaintiffs failed to carry that [***18] burden because, although the judge erroneously concluded that the plaintiffs had standing, his findings established the opposite. The judge made the following relevant findings, all of which were warranted by the evidence: (1) "Tine number of parking spaces to be provided for the Project will be sufficient to meet the parking demands generated by the hotel. Therefore, the Project will not add to any existing cnstreet parking congestion. in the area"; (2) "The supply of public parking spaces in the area will be adequate to meet the derland"; (3) "With respect to traffic, the Project is expected to minimally increase traffic volumes and . will not have a major impact on area traffic patterns. Any ladverse rtrafficaffic impacts will be controlled by implementing certain mitigation measures. " The judge's further finding, [*730] to which reference is made in the court's 7 opinidn, ante at that the project will result in a decrease in the number of currently available public parking spaces (referred to in the court's opinion, ante at n.5, as "the tangible loss of parking spaces") is of no consequence in view of his findings numbered (1) and (2) above. Decrease in a surplus of available parking spaces, leaving a supply adequate to meet the demand, is not the type of harm G. L. c. 40A is designed to protect against. The same may be said of a minimal increase in traffic in a business area which "will be controlled by implementing certain mitigation. measures. " Apart from evidence concerning traffic and parking, there was no evidence, and there were no findings, suggesting that the zoning board's actions likely to result in harm to theare Plaintiffs, Consequently, in my view, the Appeals p ffs legally protected interests. Court correctly concluded, contrary to the legal conclusion reached by the trial judge (although the aforementioned findings were warranted) , and by this court on appeal, that the plaintiffs lacked standing to br:_ng this action. The Superior Court, therefore, lacked jurisdiction to review the zoning board's actions. The judgment should be vacated and the action should be dismissed. See Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, supra at 433. 8 Section 81-P.Endorsement of Plans Not Req'ring Approval Under Subdivision Control Law Any person wi .shin to cause to be recorded aIan of land situated in a city or town in which the subdivision control is in effect, who believes that his Ian does not require ap- proval under the subdivision control law, ma submit his plan o the planning board of such city or town in tha manner prescribed in Section 81 T, and if the board finds t -at the plan does not require such approval, it shall forth- subdivisioil a wit , without a pu is eanng, en orse thereon or cause to pprot ai be endo'rse t ereon �"lred - el'Son authorized b it, the words "approval under the subdivision control law not require or wor s Of similar import with a ro riate name or na sine ere o, and such endorsement shall be conclusive on all persons. Such endorsement shall not be witriheeld un ess such plan shows a subdivision. If the oar s a de11 termine that, in its Opinion the plan requires approv I , it s a wi in wen y-one (21) days o suc su - 'orsemellt not to be with- 1111tta , give written notice unless purl snows a of its determination to the clerk of � the city or town and the person submitting the Ian division plan, suc person may su mit his plan for approval as provided by law and the rules and regulations of the board, or he may appeal from the determination of the board in the manner provided in Section 81 BB. If the board LtL to act upon a plan submitted under this section or fails to notify the c er o e ct or town and the person submitting the plan of its action within twent -one (21 ) days after its sub- mission, it shall be deemed to have determined that ap- proval under the subdivision control law is not re aired, and it shall forthwith make such ndorsement on said plan, and on its failure to do so forthwith the cit or town clerk �'s Certificate shall issue a certificate to the same effect. The plan bear- ing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the planning board, or in the case of the certificate, by the city or town clerk, to the person submitting such plan. The planning board of a city or town which has authorized any person, other than a majority of the board, to endorse on a plan the approval of the board or to make any other certificate under the subdi- vision control law, shall transmit a written statement to the register of deeds and the recorder of the land court, signed by a majority of the board, giving the name of the person so authorized. The endorsement under this section may include a statement of the reason approval is not required. a Section 81-T. ` Submission of Plans Sei Every person submitting a definitive plan of land to the planning board of a city or town for its approval or for a determination that approval is not required shall give Copy wr1 en n ice ci y or town by delivery Boar or by registered mail , postage prepaid, that he has submitted such a plan. If the notice is given by delivery the clerk Boar shall , if requested, give a written receipt therefor to the has Contents of Notice person who delivered such notice. Such notice shall describe Repc the land to which the plan related sufficiently for identifi- cation, and shall state the date when such plan was submitted and the name and address of the owner of such land; and the .facts stated in such notice shall be taken by the city or town clerk as true, unless the contrary is made to appear. Notice of Hearing Before approval , modification and approval , or disapproval for Definitive Plans of the definitive plan is given, a public hearing shall be held by the planning board, notice of the time and place of which and of the subject matter, sufficient for identifi- cation, shall be given by the planning board at the expense of the applicant by advertisement in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing or if there is no such Posting newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing, Copy of Notice to and b mailing d CO Of $ 'r such advertisement t 9 PY e t�semen , to the applicant Applicant and and to all owners of land abutting upon the land included Abutters in such plan as appearing on the most recent tax list. Added by St. 1953, c. 674, s. 7; Amended by St. 1957, ,} c. 122, St. 1960, c. 266, s. 1, St. 1962, c. 207, s. 1, Appi and St. 1963, c. 363, s. 2 and Di s Re vc if F Cori Not: to Con, on P menc Hea. T-1 s t r 4 _ RTIy Town o 4Andover No. 17Q eA %& S ) t7 u PI e D w e 11 t N 6 ti o * dover, Mass., y C' T ° LAKE ^ T COCHICHE WICK A°RArEo �SSgC HU5�� P T FOR EXCAVATION ANDFOUNDATION THIS CERTIFIES THAT ......P0 %.........14. .k .i ew.......1 ............... has permission to excavate and pour foundationbw for the ur ose of..l�I 4/ a /Ari �oh� . v P/� purpose .. ... ....... ./4 _..!............�......:............................................................../. The person accepting this permit must return to the office of the B 'Idin Inspector a certified lot Ian show of building thereon ere n before Foundation will be inspected. _�f g p� �/'/' �,� 'r� w� 1 - it �.�o' FA w►.w� ro h n i O� p3 VIOLATION of the Zoning or Building Regulations Voids this Permit. PERMIT EXPIRES IN 6 MONTHS The holder of this Foundation Permit proceeds at own risk and without UNLESS CONSTRUCTION STARTS assurance that a permit for entire building structure will be granted. BLDG. PERMIT PEE at* � LESSPCA FE .�..to ' .. ....... ..................0e#..................................... DUE FRAME PERMIT$ m 0 SEE REVERSE SIDE BUILDING INSPECTOR XORTH own of ED . Andover 0 ,w No. /17c2A - __ q _ p _dtoe o� o�..4X0 dower, Mass., q AORATED S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System THIS CERTIFIES THATF#,� �. /�/1� �� Nv_X 01 f i&i C LDING INSPECTOR BUI....... ... ....... ................ ................ .. ............. ............ ....... ............ Foundation has permission to erect............... ....................... buildings on O wRough ..� . ...� .. .. . ... .... ....... t0 be Occupied as I�00 /l� 1 ? �' . zv'P�'*' .* Wr �/� Chimney S ......... ........ ../ ,� provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. -3 � ��j PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRUCTION STARTS ELECTRICAL INSPECTOR Rough 02�................................... .. . ............ Service . .. .....1....... BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner r Street No. SEE REVERSE'SIDE smoke Det. NORTH TONM Of And No. 701 OC o doverMass. COC MICR WICK V > ADRATED BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT...... �5., .....A /�N .....A r�M/� �, Foundation has permission to erect....... ..................... buildings on ../a.. ....... �..............��...... Rough to be occupied as � � �„ ��� �rN�Mr3 �0�4 �� himney ....X........ ... ... q....�............ .... ............ ................... ................................................... provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes ai7� aws rela 'ng to th Inspection, Afterati and ConsIryction gt Buildings in the Town of North Andover. ?7 a�� W dr /I PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRUCTION STAR S ELECTRICAL INSPECTOR Rough % ................ ...... ... .................... ...... , Service ... . .. . ..... ..... . BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE'SIDE smoke Det. Location 7` �a C o r f S No. P7 Date �aRTh TOWN OF NORTH ANDOVER f A Certificate of Occupancy $ Building/Frame Permit Fee $ 36,00 — Foundation 6O0Foundation Permit Fee $ Other Permit Fee $ TOTAL $ '36 00 Check # 7 b C7 1778 ✓ Building Inspector ql8/Dy C" lok+ S� N/F BRYAN LONG 10' WIDE UTILITY EASEMENT 100.85' r �C0 r-- ---- ------ '`' --------MOM- ;A -0 I 39.6' j GEMNO 00N �.,A Z _J r 0 46.2' r o < D Z LOT #277 & 278 AR A=12,728 S.F. N =0.29 AC. 4h. 153.71' DARTMOUTH STREET (PAPER STREET-NOT CONSTRUCTED) N/F LAWRENCE EAGLE TRIBUNE NOTES 1. ZONE DISTRICT: R-4 PLAN OF - LAND • 2. SEE TOWN MAP #23 PARCEL #83 FOR THIS SITE. IN NORTH ANDOVER, MASSACHUSETTS DRAWN FOR HIGHVIEW LLC. 1501 MAIN STREET-UNIT #47 I HEREBY CERTIFY THAT THE FOUNDATION IS LOCATED ON THE TEWKSBURY, MA. 01876 LOT AS SHOWN SCALE: 1"=30' DATE: NOVEMBER 3, 2004 O /� ,► �F 0 15 30 60 90 P� MERRIMACK ENGINEERING SER VICES `,• 11131 66 PARK STREET STEPHEN E. STA INS , R.L.S. DATE 1ANDOVER, MASSACHUSETTS 01810 �! t. a _ TI n 111 rraam _ no a® t` .. C D O IL 20 x 25vs.r unit - Colonial 3 }3edrooms - l 1/2 baths= per unit ® grafting Services 1l0 Main St., Unit #204 Tewksbury, MA 01876 • _,' - ~� (97S) 551-7330 I I 7 i 0o Do FM oa o 0 0 ' e , 4'0' (coin.)below grade Vx DOW- - ------ ----------------------- ' ------------------------ ------------' Balusters,5' mm clear opening'between Mro' =1'O' _ . ...::�::: I..:Is, ............■.....r. 1■min■■I too-It alelaws ■/ �� �� -- �: � 8 all was MEN /■11��l�iii�tons B ons�=■ ■■I�.�jiii ■■■ ■■■li ■■■--=—��moi Monson=� ■i■ ■■■son 11 Mani 11 !■lt :.i MINOR,1��. ■■■ 11■.��iii�{, j�/ 11 ■■ 11 11. ■1■i: ■■■ __■// ■/■ It man in oil u iIA n4p. Pala - • • i u■m■on■■■u u m u■oleo■uu■■■m■o�le■un■nu■mile■u u■unonwun■minonumo ■u.■.■ou■o■..�■ou■u■■.u■■uuuuu■■n■■.r ■uo.o■u■numi■uu■■.0 1. mile■a■ouu■nso ,M,wanluum uuuouuuuou■■mi■u■n.■■,le■■m■leu ■u.un.uuu■un■ i■uu■� �.rao�■ole■■■■n■uu■.�■■■u■■u■■�■�ur■■.�.■.0 •rou■..u■u■■n u■ou ii iii uu■ii�.ii�r�t•'■.iiiniiiiuiiiiiiuuiiui�r i�.il .311,111 i.�i�.iii�i■�.ui. noule■uu■miu■uu�•••.mile■mile■■mile■nuw.■un■miu■milevn■--a%s■■u■amile■m■ar �i��i■�i�i■��i■��i■i� i �i.��ii�ii.�l �ii�i.��i.�ri.�i' �n �ui�nui�nw.�niil�I�u■iri uiiniii�iuiiiuuoui�iu�IN i`�iil���iw�i ui��iu�iuii� a, so■uo■uouo�■u■.■■■$o■.■ou■mi .i■u■o�■■o■ou. �ui �■iuiii '■i�u�.ii�riiiaiii riu.uii iii �u�.ii�.iii n■■ule■mia■■mi,.■■,r,.mile■leu■mile■ole.■n.■mi■■■mile■ole■■,le■■;■■■■uuw uu■uwuu■■ ole■n■■■r■■■■■n■o�■■■�■ouOuo�■U■rp■�■■u■p.u•■r■■■r■■ ■.�■■■uou. n■uu�■uuu.o■ro■.o■.o■u■■■■■■n■■u■■.o■uu�■u■r■■■�■ �a■�u■.o■u �i■�iileiriii. ` iui■i.'i:■..�i■�ui■.�■�leiiiu.■uu■u■_■■_�uiiu�■iRiiu�■iuii.nsri!i■i.�SiiiIiIiiiiiiiIii.iiii■iile0 .n� �i■isso. iii� 00.1Ioss i■i ■ gig 1. 14.44nuu � ■��i� u■u■ ■■■, ■1■ -�■■ I■�■ '//■• ■1■ some,r �1- 1■■■ ■■■ ■1■ ■/■■1 L ■ ■■■ ■/■ /■ so = ■■■ ■A■ I ___ ■�■ m■■ �/■■I Vit% !��'=■■■��� (0.70 ".. FARMERS FORCH SECTION Sheathing 2 x 6 0 16° OL. 3 - 2x85eam _ Simpson 5C4. - - Fost.Ca p. Porch t os r E pecking _ .. - - - 2 x 8 Q 16" O.G.(P Ta 2 2 x 8 Band-'Jo ist.ip to AUR i Simpson ACS Post Gap 4 x-4 post Simpson PB44 OL Post BaseP - .d: 1'0" dia.conc. pier a 2 x 12 Ridge Board n 2x8IED 16' O.C. R30 Insulation iRoorincl ' 10 Vapor Barrier VT Wallboard. eompoelte Roofing 15 Ib,BulldN Paper - 1/2' Plywood 2 x 10 Q'Vom O.G. . Floor 3/4rT t G Plymood T - 2 X 8 9 ib' O.C. Attic _ -� ----- Fascia Board _ Soffk - a . . with vemrting co Floor r - 3/4rT.t G Plywood Second 2 X 10 9 16'O.C. Wall r '10. -— —-– - cedar siding . -—-—-- Beam Air Barrier Fire Blocking V2' Plywood .2x4 kit 16' O.C. 3 o 0 3►� .. Insulation - J-. o m Vapor barrier q VT Wallboard IL0 Floor n o o . cO 3/4' T t G Plywood r 2X10916'O.C. Fast Insulation Lj 1-2xbP?.,1-2xbKD. ' ra. -—-—-- Continuous SAI Gasket -—-—-- Firs Blocktsg - 1/2' OD.Anchor BOILS 9 6,0'O.C. 3-2x 12 center Beam Foundation' - - 'Oel b concrete Wall/8'0' Pour 3 1/Z'D1a.!_aily columns 3,000 psi concrete _ 10'dp.x 20' w.conLkL Rig.- �u Dampproof exterior Surface Basement-- 4' Concrete Slab- I 1 a In H0ulse Ci 1.IV1 1 FLOOR FI-AN STANIDAR (oth Edition Massachusetts 5uild ins Gode Means of Egress MAXIMUM ALLOWABLE SPANS FOR HEADER Garage / douse Separate ' I 3603.FO .I Means of egress Egress from all dwelling units shall be SUPPORTING FRAME WALLS 13603 .5 .1] Opening Protection Openings from a private garage Ing means of two exit doors,remote as possble From each other and $UPPORTiNdirectly Into a room used for sleeping purposes shalt not be permitted. Leading directly to grade.Such doom shall be provided at the normalHeadero In Other openings between the garage and dwelling shall be equtpped level of entlu/exL In addRbn,all other(loom within a dwelling unit 51Ze 5uppo�g One Story Two Stories Walls not with either solid wood doom not less than 13/4 Inch(45 am)In thickness shall have at least one means by which a contlnuous and unobstructed path or Roofor 20-minute fine-rated doors.Self closingdevices and fire resbtive to the exit doom,b means of st.always,corridors,hallways or comb ha btlonfloorseader Only Above Above supporting y floors or roofs rated door(names-are not required.All doom openings between the thereof,b provided. 2-2X4 4' garage and the dwelling shall be provided with a raised sill with Exception= M split level and raised ranch style layouts,the two a minimum height of four Inches. separate exit doom required by 180 CMR 3603 ,10 .1 are permitted 2-2 X 6 b' 4' to be located on different levels. 2-2X8 S 6' 10' Minimum G Ia2k1g Area& Exit Doors 2-2X 10 lo' 8' 6' 12' t 3603.6 .4 .2 I Minimum glazing area-Every room or space intended 2-2 X 12 12' 10' 8' u,' for human occupancy shall have an exterior glazing area or not less than C 3603.11.1 I Exit doom:The minimum nominal width of at least one 8% of the floor area i/2 of the required area of 91azN shall be openable. of the exit doom required by 180 CMR 3603JOI shall be 36 inches t TABLE 3606.2.6 I and the minimum nominal height shall be six feet eight Inches.All other Smoke Detectors: exit doom and doors leading to or from enclosed stairways shall not L Nominal four-Inch thick single headers may be substituted for be less than 32 inches In nominal width nor six feet eight Inches double members. t 3603.16 .10 I Required smoke detector/heat detector locations- in nominal height, _ 2. Spans are based on No.2 Grade Lumber with ten-foot trbutary Smoke detectors civil be Installed in the following locations: Exception floor and roof loads. L In the immediate vt--Inity or bedrooms., L Existing buildings:New and replacement doom are permitted Access to Crawl I Space 2.In all bedrooms.to be six feet sbt inches in nominal he E3603 .1B .1 I Accede to crawl spaces Access shall be provided 3_In each story or a dwelling unit,Including basements and cellars, but not including crawl spaces and uninhabitable attics: interior Doors to crawl spaces by an opening not less than iS inches(451 mm) C 3603.11.21 Interior Doors=All doors providing access to habitable by 24 inches(610 mmL 4.In residential units of 1200 aquae feet or more,automatic fire rooms shall have a minimum nominal width of 30 Inches and a minimum detectors,in the form of smoke detectors shall be provided. nominal height of slot feet six Inches. Access to Attic for each 1.200 square feet of area or part thereof, Exception= 13603 .S .2 I Access to attics-An opening not less than 22 inches 5.Fixed temperature heat detectors shall be Installed In accordance L Doom providing access to bathrooms arepermitted by 30 Inches(555 mm by 162 mm)with readyy access thereto shall be with the requirements of 180 CMR 3603.16,4. to be 28 inches In nominal width. provided to any attic area having a clear height over 36' Inches(162 mm). 2. Existing Buildings:Dooproviding access to bathar rooms are Where doors or other openings e installed in the drartstopphg, . Photo Electric smoke Detectors= m permitted to be 244 In normal width. such doors shall be self-closing and be of approved materials as 13603 ,16 .h I Photo electric smoke detector requirements: specirled In this section,and the construction shall be tightly fitted Any smoke detector located within 20 feet of a kitchen or within 20 feet Minimum Sleeping Room Wkidow Opening around all pipes,ducts or other assemblies piercing the draftstoppirg, of a bathroom containing a tub or shower shall be a photo electric tope Ventilation Ree;juired= smoke detector but shall satbry the compatbtlity requirements E 3603 .10 .4 .I I Minimum size=All emergency Yen escape windows from of 180 CMR 3603 .11.2. sleeping rooms shall have a net clear opening of 33 square feet The minimum net clear opening shall be 20 Inches by 24 fiches t 3603 .6 .2 I ventilation requi ed:Every room or space intended For In ether direction human occupancy shall be provided with natural or mechanical ventilation. Legend O -Smoke Detector Exception: Exception-Every bathroom and toilet room shall be equpped with a Windows in sleeping rooms of existing dwellings which do not mechanical exhaust fan and associated-ductwork with the fan exhausting, conform to the requi-ementa of 180 CMR 31021 may be as a minimum,at 50 cfm 6 operated Intermittently or 20 cfm it continuously replaced without conforming to ISO CMR 31021 provided operated.Such bathroom exhaust shall vent directly to the outside that the replacement windows do not 61gnificantiq reduce the and no exhaust vent termination to attics or other Ir. portions existing opening size. of the building are allowed. 20'0■ 20`2'40 51011 10.2■ 4'0" Y14 10'00 ..5.10 8.8■ 5.6. 71o'X 3%, r 1 Za 4q�qntInIn i'Q y X '1.1�• ` 3V8' 2!6'_ 5'p' Y10,lx 3'5' t ° Kitchen D fining a 00 aawt " o L zo FH '.ten �G' � 3'8' ?'b' Sip■ '� 3.10' 3.9■ 4. 6■ o in 7n s O . Yap �'1' 3!9' O' , 8x a av obvfng m U _ av r6. ld0' TV, 1�8' 1`I' 3'9' 4'00 8*i' art em Forch Liv Ing s o _ 91 5'O' 3,0 Vol 3100 70' 400' 2'O' 2V4 220100 1'4' 76' 6,00 3 r •10415'. 20'00 60'4140 SO1 - First f=loor hla� 3/16",,�0. 1,462.E sc}, ft.'per un1t 20,01 20'1'4' b'O■ 1p'0' 244 1008 100' $edroom #2 o _ o Q 'o v N 5'a' 4D' 5edroom 02 n x ip 15ath = x O s m 70• 8 ~ 3rg. 3T 5`3S`t' 3�1t4` 76' Cl 2'b• ti O Closet 2-Yb' . f-0 .r - 2.0. O $ath x bib` bedroom #1 2W S Closet r 6'a'x 4$• 2-z'b - 0 2'O` m 5edroom #1 - I' 2'10■x43'. 2'10'x43• �I logos logos ■ 20.0. 2+4. bib■ You b�br .2004W 20'0' 60�4�r ---------------------------------------- SO -- 5t�G0�1Plan 3/16' = 11011 20,04 20121/44 ' X7101 21/44 20-04 10'04 10104 1040" 1010, Al 77 r y r v.rm 1'.p 1 1.Y6304 ' IRO 76Y14x33' F- _ % 31104 ��9■ . 3• r is - fy, Zi 5edroom 03 worls YY)'X l$4 3110■ 319■ 3. �O bedroom #3 1 zz i; 1'10•X 1164 510' 116• _ 2010'• 5'O' 116' 201414' 2010. 1 8015 - Tit oor a� FRAM f N G N IDA _ (oth Edition Massachusetts 5uilding Code Joist Under Hearin �'artition Firestopping: Notes: g 1. All structural materials shall be void of a defects that may L 3605.2.3.2 I Joists underr ening partitions:Joists under parallel L 3606 .2.1 I Fhestopphg Ftestopping shall be provided to cut off all ny of adequate size to concealed draft openings(both verbeamcal and horizontal)and to form an diminish flet cepacky to function M adequate manner. bearing partitions shall be doubled or a beam support the bad shall be provided.Double Joists which are separated effective fire barrier between stories,and between a top story and the roof Structural Engineering or any other profeeeional services that to permit the installation of or vents shall be provided with solid space,Fireetopping shall be provided in wood-Frame construction In the may be required shall is provided by others. PPi"9. 2. use built-up 2 x 4 oats wilder all beams (4 mInimum). blcking spaced not more than Four feet(1219 mm)on center. Following locations: p p I.In concealed spaces of stud walls and partitions,including furred spaces, 3. Double up Floor,joist under bearing partition calls above. $C&, at the ceiling and floor level. L 3605.2.4 I Bearing:The ends of all joists,beams or Idem 2.At all interconnections.between concealed vertical and hortwntal spaces SPRUCE-PNE-FR No.2 J 9 such as occur at soffits,drop cell",cove ceilings,etc- Modulus of Elasticfty 'E' =1,400,000 shall have not less than 1 V2 Inches(38 m)of bearing on wood or 3.In concealed spaces between stair stringers run,at the top and bottom. metal and not less than three inches(16 run)on masonry except where 4.At openings around vents, es,ducts,chtm and fireplaces at cell Fb: 2 x 4 - 1 ,510 2 x 10 - 1 , I C5 =Ported on a one-inch-by-four-Inch CZ5 mm By 102 mm)ribbon strip floor evel,with noncombustible materials. p 2 x 6 - 1 ,310 2 x 12 - 1 ,005 arndpnailed to the adjacent stud or shalt be supported by the use2 x 8 - 1 ,210 L TABLE 3605.2.3 .W3 of approved Joist hangers. DefleGtio : p L 3603 .1.6 I Deflections:The allowable deflections of any structural MAXIMUM ALLOWABLE SPANS FOR Overlap member under the live load or snow load iisted in 180 CMR 3603 .1.3, JOISTS/RAFTERS L 3605.2.4 .1 I F>-oor systems-Joists that are flamed from opposite 3603 .1.14 and 3603.15 Ghali not exceed the values in Table 3603.1.6. side and extend over a bearing support shall be tlBd.to r by Joist lapping the ends of each Joist a minimum of three inches No mm),or with Clear Span: size 2 x 6 2x 8 2 x10 2x12 a uood or metal splice plate,or shall be secured by overlapping the r Floor floor sheathnq at least three inches(16 nn)beyond the end of each L 3602.0 3 General,Building Deflnklons Floor,gist,or by other approved nnethods For simple,continuous and cantilevered bending members,the span shall �•Ot. 10-1 Int 13-41/2 ri-l Int20-41/2 be taken as the distance from face to face of supports,plus V2 the First required bearing length at each end. 16'oz. 5-l 112 12-1112 5-11/2 ill-51/2 Lateral restraint: L 3605.2.5 I Lateral restraint at supports:Joists shall be supported Framing to Concrete 12'oz. n-1112 14-93 V2 -IO V2 22-40 laterally at the ends by Hill-depth solid blocking not Iees than two Inch L 3603.22.4 .2 I Framing:All wood framing members,Including wood Second (51 mm)nominal thickness:or by attachment to a header,band or rim Joist, sheathing,which rest on exterior Foundation walls and are less than eight �•O- 1O-1112 13.4 In 16-8 V2 15-91/1 or to an adjoin"stud:or shall be otherwise provided with lateral inches(203 mm)from exposed earth shall be of approved naturally support to prevent rotation.Such lateral support Is not required over durable or preservative-treated uood. it O,G q-I i 2 t4-5V2 18-10 V2 22-4 V2 intermediate supporta such as center girders or bearing walls. A tt iG For bearing walls which are offset from each Future Rooms V.0 ib'oz. p-112 6-4 v2 19-T tie other above and below a floor. Wall below O C. -1 T3-4 k''e 19-9 V2 Bridging: Double Wall above it 12-5>r2 16-1012 21-1 I2 — L 3605.2.5 .13 Bridging:Jobts having a depth-to-thickness ratio Shear Attic ms exceeding 64 based on nominal dimensions shall be supported laterally Lap - No Future r — by solid blocking,diagonal bridging (wood or metal),or a continuous r r ono-inch -three-inch a5 mm by lb mm)strip set perpendlcularly across _ the bottom of Joists and appropriately nalled.Bridging shall be installed ,4 ttic a'o c. w-1 t12 2t-3>R 21-3>R ls not exceeding eight feet(2438 mm) n r Capes 3/12, at intervals. , or less 16.OL. 44-l V2 19-4 VZ 24-BIR _ Exception:Cantilevered Joists shall be lateraliy braced , at points of support poor it Oz. 12-1 15-3 18-8 21-8 •' Gutting and Notching: r _ r over attic y,•OAC: 10-5 13-3 16-2 18-S 2 x 8 1'-4` (max.) -�-- —�- ` L 3605.2.6 1 Cutting and Notching:It shall be unlawful to notch, ' cut or,pierce wood beams,Joists,rafters or studs in excess of the 2 x b 2'-0' (anaxa Floor Joist 12,per, V-0 d-II n-5 20-6 ROOF limitations specified in 180 CMR 36051.6,unless proven safe by Double Shear Lap splice Cathedral structural analysis or sulably reinforced to transmit all calculated loads. 16'or. 9-6 2-1 15-4 h-9 l� s' f III 1 2 x 8 (P.T)9 160 0,G. Li 1 i All memberb are 2 x 10 fQ'16" O.G.WND� ' �O 15 - ir5t oor Frani!�u 3/lb" =1,0' l A 1 ,r; Flush Framed Beam r•` r `1_}��S7�•t`-L��s��� ��.s.A,s_.. { :eFt !� a, i! .. _� - _ - -. _ s.}u .:U ffFlush Framed Beam Z _ Flush Framed eam ' _ .•�.� t2��`��Y'►yti'Sy'rj ti- .:,�'_ �.i r t c fr t. ..- .x......�, y .. .. .. . -. - . . �_: l _s on t F? Flush Framed Beam ZX6QVmO.0 ! AV 14 Flush Framed Header _ All membem are 2 x 10 9.16' OZ.(UN.Oa t 0015 - %S�GOnd Eloar Fram ina . . r P i Ii I 4 I All members are 2 x 9 16' O.G.(UN.,OJ Attic* . Ploor Praming t 3Ab' ■1'0■ o - 011111111111 .1 fill 2 x 12 Ridge Boards All members are 2 x 10 Q W OL.O.IND) � . SOIL F oof Framing 3/16' - Ib' Continuous Baffled \ COLO AL SECTION STANDAR � Ridge Vent Roof Rafter / (� y� clear. ( tS 1 F-ditio 1 MasachusettS 5U11d � COd� Ridge i arc Board rTlae Maintain f min. J 9 db=O.C. Roof Rafters Fascia Board _-- --- CeAtg Jols Ove tg soffit --- -_-- Roof and Attic Ventilation midge Board 3/a, •to• Standard Soffit3/8, -to, L 3603.6 .8.l.13 Ventilating area.The mhinum required net free - ventil"area for such roof spaces shalt be 1/150 or the area of the space . ventilated,except that the mintnum requited area shall be reduced to 1/300, Continuous Baffled provided that-a vapor retarder having. a permeants not exceeding one perp Is Ridge Vent Roof Rafter installed on the warm side of the ceiling.or at least riot and not more than Ridge Beam SO%,of the regyt ed veMilati ng area b provided bc�veMAatorb located in. T1atMah 1=:min,clear.. the upper portion of the space to be veMAated at neast three feet(914 mm) _ 2 x 8 Q 16. O.C. above eave or cornice vents,With the balance of the required ventilation I provided by cave or cornice vents. Roof Rafters t. Fascia Board --- --- wood Framing to Concrete ; AR Soffa with venUng' in - -------- `' . L 3603.:22.4.2 I Framing All mood framing members, cluding wood - aheath�ng,which rest on exterior foundation malls and are less than eight taches 3 mm)from exposed earth shall be or.approved naturally durable or t� i3 pre e-treated.wood. R K.iG�e ;i3ram =1'0 Vaulted/Cathedral Soffit 3/8, to, } 'Minhnu Ceiling sleight= 2x Bottom Plats L 3603. 13 Minims_-n r--Gtng height-Habitable rooms,except kitchens, 2x Bottom Plata 2x Band Jobt shall hav a'•celttng height of not less than-1 feet 3 inches W86 mm) or sheathing Floor Sheathing for at leas riot of"Ir required areas.Not more than 50% of the required _ area may _ e a slop telling.less than seven feet three inches(2286 nn) 2x Floor Joist = 2x Floor Joist in height' no p n of the required areas less than rive feet(1524 rim) h height. _ room a rurred eeAtng,the prescribed calling height is n required least` t of the area thereof,but h no case shalt the 2-2x Top Plate 2-2x Top Plate height of Elurecl,celi g be less than seven rest(2134 mm} "cept to: L Beams and girders spaced not lex than four feet Mn nra on center maayy project not more than six Inches(53 mm)below the required telling height. interior intermediate 3/8" =Yo• Exterior interm. Fir. 3/8• =too 2.1111 other rooms including kitchens,bathrooms and hallways shall have a • 2x Bottom Plate minimum telling height of seven feet(1134 ran)measured to.the lowest - projection from the ceiling: - 2-2x Band Jobt Flashing Floor Sheath 3-Hebltab)e basements shell have a nln(num clear.heic�ht of seven feet zero • i ng inc except that beans,gtdere and other obatructbrns epac�d not lees Decking than four fest on center may project not more than sbc taches below the 2x Floor Joist rsquted telling height. n 2x Deck framing P.T) 2-2x Top Plate Joist Hanger w k - r Concrete Foundatloa 2 x 6 and.B earing _ . n:er!jC IAiATf• r-nnn. 3/8' -1'O'.. Date.//-/j-. q "o°TM,�O TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING SA US This certifies that . . .G /�r�. ' . . .P/ .("; . . . . . . . . . . . . . . . . . . . has permission to perform . . . . . . . . . . . . . . . . . . . plumbing in the buildings of . . . . . . . . . . . . . . . . . . . . . . at. .l). 1. -.!i .`!. . .L`-e {I. ! . . �. . . . . . . . . ., North Andover, Mass. Fee.S.).l..Lic. No j!..�( !. . . PL MBING INSPECTOR Check # � ' � � :. 0 MASSACHUSETTS UN ORM APPLICATION FOR PERMIT TO DO PI (Type or print) NORTH ANDOVER,MASSACHUSETTS 5Date Building Location /o'�a--!� ����' wners Name J,1SSS <n Permit# A L Amount ^� �yje of Occupancy New Renovation Replacement Plans Submitted Yes No FIIKTURES S1LRHM R4SEM VT 1SJC RDM 2 �- au HDM a a 3RD DDM a 4IH ISD 5M RDM 6M It" 1 /ppl��i��i IH '.�A/.�l)� i (Print or type) Check one: C Installing Company Name C El Corp. Address r Partner. usmess a ep e 1�Firm/Co. _ Name of Licensed Plumber: 73--�w�,0 5 �'( I(' " j P.r Insurance Coverage: Indicate the ype of insurance coverage by checking the appropriate box: Liability insurance policy r Other type of indemnity Bond ❑ Insurance Waiver: I,the undersigned,have been made aware that the licensee of this application does not have any c three insurance Signature Owner Agent D I hereby certify that all of the details and information I have submitted(or entered)in above application are true and best of my knowledge and that all plumbing work and installations performed unde ermit Issued for this applicatk compliance with all pertinent provisions of the Maschusetts Stat Plumbing Cod #d,Chapter 142 of the General By: 51grftture\5T Liceryseuum er of Plumbing License Title j a '>t 5- City/Town 1.1cense Mumoer Master Journeyman ❑ APPROVED(OFFICE USE ONLY.