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Miscellaneous - 140 WILLOW STREET 4/30/2018 (2)
s �� a • 00 O O N LL N O O O Y U O J m n 00 m O d cd G 75 2m totiO NNa a H, O O V M M OlOULL��g U, N co 0,`o A)m U�'w¢ ()3rn CO C ') ilz€ cc %j1 46 13� E p q r Zr ,w 0'p" <O LL fU O 0 Q O = ro -�am wm?o O �C - O c� ion a� .: �N ,.o 0 o` 7 U :U LL o o. Z� �. m LL IOU i#i' wU IId ai Z (O CJ .= 7 -p m� �� IC7,Q 1� I� px' .O -Of ca f0 8 N + � :/i LL Lf)LLI m as In 00 � W rn orn N i a S amu. O r O m` t tD :r< � Z W %0 Q O0 ' � :. � ��,� J o =o a •E ' � v, a rn rn CD � U m M O ;" " M SVM }`i ;� r r #•_'"_ J ;o rn� Fes, �v� E o W �.o� _ z � � v w O a ` ° s U it a = Lo - ►- O (0`p F- �o J� CL o 'O Ln Z VW y Q U d -80 ai5 \ MLO . a) as.m�m.m � U,r �t O z ica AnLn +� (�7� N N r ,OQ w.0 ..Oo :Q - flu ,CN LU CN +- - 'cn_ d.=n.� d m O C C .m p >m p �'; - W co N Q1 N , N M .m TU LL N p .m <d LL .- Qp Z M•.C'. M Z 2 Cx�d O fid; 0 -V LOUs W i� d ii U Q � J f O iZ' NO LL � JCoD "'0 . r m J z� Z W Q N J W d le W LL; L v Z D ` :N.O �O .-- ` :C Q IT pZ eta::; UM �AD— UM . IL W J d 00 U ck0. '01 m C_ C D i p1; a U F- O O r Z U:w, p U`w p Y 0 d m V� 0 2 U)'U ,t (D 'a U) 75 2m X-� J over y d �oain�g Qaes ARMcaao gd DcdAm din ex C, moo5v03� m Q �2- rN, C�l c6 Gerald A. Brown Inspector of Buildings Arty appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals RECEIVEDDevelopment and Services Divisio �O F%vp'..P-" K; S 0FFIC E 400 Osgood Street North Andover, Massachusetts 01845 Z�Q6 F Telephone (978) 688-9541 Fax (978)688-9542 Notice of Decision Year 2006 Property at: 140 Willow Street ED 15 Art 10= 22 EJ" Vj; . F3. `T[-' A iNl D cn,," ` : MASSA NAME: Georgina A. Mitchell, President, Out Country Preschool, 95 Candlestick Road HEARING(S): January 10, 2006 ADDRESS: for premises at: 140 Willow Street PETITION: 2005-039 North Andover, MA 01845 TYPING DATE: January 20, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, January 10, 2006 at 7:30 PM upon the application of Georgina A. Mitchell, President, Out Country Preschool, 95 Candlestick Road, for premises at: 140 Willow Street (Map 98.1) Parcel 52) requesting a Special Permit from Section 4, Paragraph 4.132.16 of the Zoning Bylaw in order to establish a Day Care Center in the Industrial 1 Zoning District. Said premises affected is property with frontage on the Southwest side of Willow Street within the I-1 zoning district. Legal notices were sent to all names on the abutter's lists deemed by the Assessor's Office of North Andover to be affected, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on December 26, 2005 & January 2, 2006. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Richard M. Vaillancourt, the Board voted to GRANT a Special Permit from Section 4, Paragraph 4.132.16 of the Zoning Bylaw in order to allow a Day Care Center, the Out Country Preschool, to be established in the Industrial -1 Zoning District per: Site: 140 Willow Street, (Map 98.1) Parcel 52), North Andover, MA 10845 Site Plan Title: Plan of Land, Assessor's Map 98D — Lot 52, 140 Willow Street (Lot #9), North Andover, Massachusetts 01845, prepared for Out Country Preschool, Georgina A. Mitchell, Pres., 95 Candlestick Road, North Andover, MA 01845 Date (& Revised Dates): Date: December 16, 2005; signed 12/14/05 Land Surveyor Christopher Francher, P.L.S. #36116, MIS Design Consultants, Inc. 103 Stiles Road, Suite One, Salem, N.H., 03079 Sheet/Drawin Sheet no. 1 of 1, Project no. 199605 With the following condition: 1. The applicant shall submit floor plans for the Out Country Preschool facility at 140 Willow Street stamped by a Registered Architect. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M. Vaillancourt. Page 1 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that granting a Special Permit from 4.132.16 of the Zoning Bylaw for a Day Care Center at 140 Willow Street will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that 140 Willow Street is an appropriate location for a Day Care Center. The Board finds that adequate and appropriate facilities are required for the proper operation of Day Care Centers by the Commonwealth of Massachusetts. The Board finds that this use is in harmony with the general purpose and intent of 4.132.16 and that this change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re- established only after notice, and a new hearing. Town of North Andover Board of Appeals, &,V P M Q'n Ellen P. McIntyre, Chair Decision 2005-039. M98.DP52. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp :. Office of the Zoning Board of Appeals RECEIVED Community Development and Services Division ty p T0WN eRK'S 0 FICA. 400 Osgood Street North Andover, Massachusetts 01845 2006 FEB 15 All 10: 23 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 E7At HOU+ i t 111: 0 HAS7{P•C:"i The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that granting a Special Permit from 4.132.16 of the Zoning Bylaw for a Day Care Center at 140 Willow Street will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that 140 Willow Street is an appropriate location for a Day Care Center. The Board finds that adequate and appropriate facilities are required for the proper operation of Day Care Centers by the Commonwealth of Massachusetts. The Board finds that this use is in harmony with the general purpose and intent of 4.132.16 and that this change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re- established only after notice, and a new hearing. Town of North Andover Board of Appeals, &,V P M Q'n Ellen P. McIntyre, Chair Decision 2005-039. M98.DP52. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 °"'" Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services Division F' E CEI V D Swc S 400 Osgood Street T t r- l-rf;,F North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 1005 DEC 2 7 R'l 4: 37 Inspector of Buildings Fax (978) 688-9542 G =' Or pUT R AU!:;i, Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 10th of January, 2006 at 7:30 PM to all parties interested in the appeal of Georgina A. Mitchell, President, Out Country Preschool, 95 Candlestick Road, for premises at: 140 Willow Street, North Andover requesting a Special Permit from Section 4, Paragraph 4.132.16 of the Zoning Bylaw in order to establish a Day Care Center in the Industrial 1 Zoning District. Said premises affected is property with frontage on the Southwest side of Willow Street within the I-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on December 26, 2005 & January 2, 2006. ^�rt1 V 2AQ1 �m G�c'Wam-'Z�m y o_-•V..;(A-_47.g Ng 52 lm 21,�•o c J1.aa �'m� m�i�-- 0 �t0 D?NSF mn—mo" all 9 F Legalnotice 2005-039. ; a m m S y �50 . ' -� �gp �, 14 gas"' fiz M98.DP52. � >ca2 jlE��s�rX a I law 71912 ma a7 kL m IIL0:1 s s� Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: 1 +� _ 9 Date NO DTH , TOWN OF NORTH ANDOVER p BUILDING DEPARTMENT ZBA 305 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that14.......... 1.%4!i...1 has paid .1.........66. .�..�� .o .....f ....... for .o.... 1.!M. ✓..�-t..-z.�..... .r ......... Received by .... 6-1'a /> Y1 ................................................ Department.... ...%� ................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0059 Date: December 15, 2005 APPLICATION TYPE: SUBMISSION DATE: Special Permit Thu Dec 15, 2005 Applicant's Name: NAME: DROSTE VINEYARD, LLC ADDRESS: 140 WMLLOW STREET SITE ZONING: TOWN: NORTH ANDOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: NORTH ANDOVER, MA Site Information: Owner's Name: NAME: DROSTE VINEYARD, LLC ADDRESS: 140 WILLOW STREET SITE ZONING: TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: NORTH ANDOVER, MA Work Location.: MAILING DATE: SITE ZONING: 0 WILLOW STREET APPEAL DATE: Tue Dec 13, 2005 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING DEADLINE DATE: GIS # MAP: BLOCK LOT: ACTION TAKEN: 5558 I 098.D 0052 I HEARING DATE: Reason for filing: SP is required from the ZdA for a Day Care Center in I-1. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Dec 13, 2005 Wed Jan 04, 2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Dec 26, 2005 Sat Feb 18, 2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Dec 26, 2005 Tue Jan 10, 2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Jan 0$ 2006 1 Wed Mar 15, 2006 Wed Mar 15, 2006 MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. DEC 1 ti'2005 0 BOARD OF APPEALS LAw OFFICES OF JAMES M. BOLTON 25 BURLINGTON MALL ROAD, SUITE 300 BURLINGTON, MASSACHUSETTS 01803 TELEPHONE: 781-270-7440 FAX: 781-272-3706 July 3, 2006 CERTIFIED MAIL NO. 7003 3110 0005 2011 2958 RETURN RECEIPT REQUESTED Christin O'Brien, President C/O Offspring Future, Inc. P.O. Box 805 Kingston, N.H. 03848 RE: Out Country Preschool, Inc. Dear Ms. O'Brien: 221 HAMPSHIRE STREET METHUEN, MASSACHUSETTS 01844 TELEPHONE: 978-691-5656 FAX: 978-691-5450 E-MAIL: jmb@boltonlaw.net As you know, I represent Out Country Preschool, Inc. and its President, Georgina Mitchell. I am writing to remind and otherwise notify you that the Special Permit that issued from the North Andover Zoning Board of Appeals (i.e., Petition No. 2005-039) that allowed for the establishment of a Day Care Center on the premises of 140 Willow Street, North Andover, MA, was issued in the name of my client. As you know, my client elected not to move her business to 140 Willow Street, North Andover, and consequently, the above - referenced Special Permit is, at this time, of no effect. Should you elect, individually or otherwise, to establish a Day Care Center at the premises of 140 Willow Street, North Andover, it will be incumbent upon you to apply for and obtain your own Special Permit for that purpose from the North Andover Zoning Board of Appeals. Thank you for your attention to this matter. Very truly yours, James M. Bolton JMB/psl CC: To of North Andover ffice of Zoning Board of Appeals ATTN: Gerald A. Brown, Inspector of Buildings Office of Child Care Services ATTN: M. J. Byrnes Out Country Preschool, Inc. rATTN: Georgina A. Mitchell, President BDARD OF APPEALS LICENSED IN MASSACHUSETTS AND NEW HAMPSHIRE N (3) i�{� t� C -a a R m 0 f t C+ ao LL � � W 1 O N Q CL co Q rt 4- In -0 uj �- Csd O (Q L O o C m m N Q TR Q Q � �9 _ y LC N Z N 0 o � O J O0�Q � W I �0Q Z" N (3) 0 O00,M m M °O O L fn O (B U 1 O N Q CL co Q O 4- In -0 0 > 3 00 L o T- O (Q L O o C m m N Q Q Q � �9 _ y LC N Z N 0 o � O J O0�Q � W O �0Q Z" CF7 �:CF7 .� 77 C' cF7 ❑i' N (3) D CO m O L fn O (B U 1 O N Q CL co Q O 4- In -0 > 3 00 L o T- O (Q L O o C m m N Q Q Q � �9 _ y LC N Z N 0 o � O J O0�Q Z �0Q Z" E i D CO O W Q nn� l� �9 J E i ❑i' ACE TO BE OCCUPIED BY DAY CARE = 1500 I APPROVED OFFICE SPACE ® 1500 GFA 0 .0 SPACES REQUIREMENT = 4.0 SPACES FOR EMPLOYEES 'ACES REQUIRED = 24.5(a) — 5.0(d) + 4.0 .5 OR 24 SPACES REQUIRED SPACES = 25(b) — 1(R€MOVE FOR = 24 SPACES PROVIDED PLAN IS FOR A BOARD OF APPEALS SPECIAL ALLOW A DAY CARE CENTER (PER 2.29.2) 'ERN (EXISTING BUILDING) PER 4.132.16 IN 'RICT. A MINOR PROJECT (LESS THAN 5 ASSIGNED THAN 3 DWELLING UNITS, LESS THAN 2000 k). THE ONLY PROPOSED SITE WORK CONSISTS ) THE CROSS WALK. DOCUMENTATION PROVIDED BY THE INAL SUPPORTING INFORMATION. BY MUNICIPAL WATER AND SEWER. THE =D AND ALARMED. ROVIDED IN ACCORDANCE WITH STATE IENTS, INCLUDING THOSE FOR SCHOOLS AND 12"x14" OUTLET OPENING \ INV.=233.51 0 X ry�o 4't WIDE WEIR CREST ELEV=237.17 DRAINAGE / EASEMENT INV.0UT=233.72(15"RCP) !r --- I APPROVED BY THE TOWN OF NORTH ANDOVER BOARD OF APPEALS Is- 05 FILED CERTIFICATIONS: 1) I CERTIFY THAT THIS SURVEY PLAN SHOWS THE PROPERTY LINES THAT ARE THE LINES OF EXISTING OWNERSHIPS AND THAT THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE WAYS ALREADY ESTABLISHED, THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. 2) 1 CERTIFY THAT THIS SURVEY AND PLAN CONFORMS TO THE ETHICAL, PROCEDURAL AND TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. CHRISTOPHER uA I t ESSEX r4GRTH R LAWRENC.E, MASS. A TR L; C--C0PY-. ATd RIM=239..39 INV.IN= 2.34.09(ACROSS ST.) NVJN=2.34.09 'YC tih INV,OUT=233.89 1� INV.IN=233.20 (3O' -RCP) N II RIht=240.56 RIM --=239.96 ,I RIM=239.35 EDGE OF 1` INV.OUT=233.01 OWNER OF RECORD: DROSTE VINEYARD, LLC 140 WILLOW STREET NORTH ANDOVER, MASSACHUSETTS 01845 BOOK 6129 PAGE 133 BITUMINOUS X ,a PLAN OF LAND ASSESSORS MAS' 98D — LOT 52 140 WILLOW STREET (LOT #9) NORTH ANDOVER, MASSACHUSETTS 01845 PREPARED FOR: OUT COUNTRY PRESCHOOL GEORGINA A. MITCHELL, PRES. 95 CANDLESTICK ROAD, NORTH ANDOVER, MA 01845 —11 ��i ��� 103 Stiles Road, Suite One MummaSalem, New Hampshire 03079 ==Z v (603) 893-0720 ENGINEERS • PLANNERS • SURVEYORS MHF Design Consulfcnts, Inc. SCALE: 1"= 20' NO. DESCRIPTION BY DATE DRAWN BY: REVISIONS CMF DATE: DECEMBER 16, 2005 KRD JJr-W NU. SHEET NO. 199605 1 OF 1 RIAL 1 REQUIRED 80,000 Sq.Ft. \GE: 150 ft. EXISTING 80,000 Sq.Ft. 150 ft. 50 ft.* 20 ft. 50 ft. 96 ft. 50 ft. 194 ft. ya.nted via Plan Ref. #3 OF NORTH ANDOVER ZONING ORDINANCE FOR )NAL RESTRICTIONS AND PERMITTED USES. ROUND UTILITIES IS APPROXIMATE ONLY. OUND UTILITIES OTHER THAN THOSE SHOWN D. EREON ARE BASED ON NGVD 1929 DATUM. `OWN ARE AT THE TOE OF CURB, CURBS ARE i SHALL BE AT PERIMETER OPEN AREAS AROUND ET AND WILLOW STREET EXTENSION IS EXPRESSLY /IA QUITCLAIM DEED BOOK 6129 PAGE 133 DOF RECHARGE SYSTEM LOCATION IS TAKEN FROM '3OVERED BY STRUCTURES (BUILDING) = 5% ±. is 31TE PLAN = 7344 GFA ® 1:300 = 24.5 �UIRED PACES = 25 EXISTING CE TO BE OCCUPIED BY DAY CARE = 1500 APPROVED OFFICE SPACE ® 1500 GFA 0 D SPACES EQUIREMENT = 4.0 SPACES FOR EMPLOYEES ACES REQUIRED = 24.5(a) — 5.0(d) + 4.0 i OR 24 SPACES REQUIRED iPACES = 25(b) — 1(REMOVE FOR = 24 SPACES PROVIDED PLAN IS FOR A BOARD OF APPEALS SPECIAL ALLOW A DAY CARE CENTER (PER 2.29.2) =RTY (EXISTING BUILDING) PER 4.132.16 IN ?ICT. A MINOR PROJECT (LESS THAN 5 ASSIGNED THAN 3 DWELLING UNITS, LESS THAN 2000 ). THE ONLY PROPOSED SITE WORK CONSISTS THE CROSS WALK. DOCUMENTATION PROVIDED BY THE 4AL SUPPORTING INFORMATION. Y MUNICIPAL WATER AND SEWER. THE D AND ALARMED. OVIDED IN ACCORDANCE WITH STATE -NTS, INCLUDING THOSE FOR SCHOOLS AND POND 0 114 �O LOCATION MAP (NOT TO SCALE) 6 a APPROVED BY THE TOWN OF NORTH ANDOVER BOARD OF APPEALS DATE - vs FILED CERTIFICATIONS: 1) 1 CERTIFY THAT THIS SURVEY PLAN SHOWS THE PROPERTY LINES THAT ARE THE LINES OF EXISTING OWNERSHIPS AND THAT THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE WAYS ALREADY ESTABLISHED, THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. 2) 1 CERTIFY THAT THIS SURVEY AND PLAN CONFORMS TO THE ETHICAL, PROCEDURAL AND TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. NOFh CHRISTOPHER FRANCHER No. 36116 CHRISTOPHER FRANCHER, P.L.S. 12"x14" OUTLET OPENING •\ INV.=233.51 as \ _ \ x 4't WIDE WEIR CREST ELEV=237.17 \ - - DRAINAGE EASEMENT INV.OUT=233.72(15"RCP) Yo I I RIM=239 39 INV.N=234.09(ACROSS ST.) I24t41os DATE E✓SEX NGR s H U%VV'R ENCE. 1AAS A TRUc COPY: tai $" :1' , mc At Ku- BOX 7364 RENO, NEVADA 8951' 0 REGASTRY OF DEQ . Nt)[tften D E ! A PC;� 1 STORY CONCRETE BUILDING #120 LEGEND UTILITY POLE OVERHEAD SERVICE WIRES 0 DRAIN MANHOLE 0 SEWER MANHOLE CATCH BASIN WATER VALVE o, 4a PROPOSED PLAY AREA FIRE HYDRANT - OVER EXISTING LAWN AND U/G SYSTEM cv - 2100 SF (28 CHILDREN ® 75 SF) m GAS VALVE - 6' PVC STOCKAGE ALONG N/E `" WATER LNE 4' CLF VINYL COATED ALONG S/W I _ GAS LINE SIGN SPOT ELEVATION EDGE OF WETLAND PROP 11 f`bn�n ;-ALIG N WITHEXISG WALKWATY Q 0 o 0 a lik 1 4' VINYL COATED CHAIN LINK FENCE ENT 242�� ya`'V5 LOCATED ,l �Y THIS OFFICE . y ryati f l�=101°27'34" �� x ;`'15"E ti°ox R=25.00 _ - ,�._ (;46 2 L=44.27 G — — — PG�f f 15"RC g1TUMIN0U5—'!—` EDGE OF tiati RIM- 241.79— RIM=242.87 INV.IN=238.19(ACROSS ST.)— INV.IN=234.27 I INV.OUT=237.99 — B"SEWER \IWOUT=234.17 J — -- ,tix \- � - - - I N - - ry �h tib EDGE oRNE / Town of North Andover l _, o' •;%.. : • 4� ��d� Office of the Zoning Board of Appeals Town Qedc Tmte Stamp Community Development and Services DivisiolowRECEIVED �'' •� 400 Osgood Street -FRY'S 4r FICE North Andover, Massachusetts 0184.5 2006 FEB IS AM 10: 22 Gerald A Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 ^ i - OF NORTH MASSA This is to certify that twenty (20) days have elapsed from date of decision, filed Any appeal shall be filed within Notice of Decision without filing ofa� a pe I. (20) days after the date of filing Year 2006 Date VI -40-1-61—W4/1 of this notice in the office of the deyee A: Bradshaw Town Clerk, per Mass. Gen. L. ch. fon 910 40A, §17 Piroat: 140 willow Street NAME: Georgina A. Mitchell, President, Out HEARING(S): January 10, 2006 Country Preschool, 95 Candlestick Road ADDRESS: for premises at: 140 Willow Street PETITION: 2005439 North Andover, MA 01845 TYPING DATE: January 20, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, January 10, 2006 at 7:30 PM upon the application of Georgina A Mitchell, President, Out Country Preschool, 95 Candlestick Road, for premises at: 140 Willow Street (Map 98.1) Parcel 52) requesting a Special Permit from Section 4, Paragraph 4.132.16 of the Zoning Bylaw in order to establish , Day Care Center in the Industrial l Zoning District. Said premises affected is property with frontage on the Southwest side of Willow Street within the I-1 zoning district. Legal notices were sent to all names on the abutter's tists deemed by the Assessor's Office of North Andover to be affected, and were published in the Eagle -Tribune, a newspaper of -- general circulation in the Town of North Andover, on December 26, 2005 & January 2, 2006. The following voting members were present: Ellen P. McIntyre, Richard L Byers, Albert P. Manzi, K Thomas D. Ippolito, and Richard M. Vaillancourt. The following non voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers and 20d by Richard M Vaillanc Ourt, the Board voted to GRANT a Special Permit from Section 4, Paragraph 4.132.16 of the Zoning Bylaw in order to allow a Day Care Center, the Out Country Preschool, to be established in the Industrial -1 Zoning District per: Site Plan Title: Date (& Revised Land Surveyor 140 Willow Street, (Map 98.D Parcel 52), o Andover, MA 10845 Plan of Land, Assessor's Map 98D - Lot 52, 140 Willow Street (Lot #9), North Andover, Massachusetts 01845, prepared for Out Country preschoor- Georgina A Mitchell, Pres., 95 Candlestick Road, North Andover, MA 01845 --- Date: December 16, 2005; signed 12/14/05 e. Christopher Francher, P.L. S. #36116, NW Design Consultants, Inc ` 103 Stiles Road, Suite One, Salem, N.R. 03079 no. 1 of 1, Project no. With the following condition: 1. The applicant shall submit floor plans for the Out Country Preschool facility at 140 Willow Street stamped by a Registered Architect. Voting in favor. Ellen P. McIntyre, Richard J. Byers, Afiferz2�t►t�.,Thom—es D. Ippolito, and Rictiard - Vaillancourt. ;STT EST: Page 1 of 2 \ 'Prue Copy 'I'uwn Clerk Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Gerald A. Brown Inspector of Buildings FV Torn. of North Andover Town Qerk Time Stamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services Division TOWN CLERKS OFFICE 400 Osgood Street North Andover, Massachusetts 01845 2006 FEB 15 AN IQ= 23 Telephone (978) 688-9541 Fax (978) 688-9542 TO'V'il N, L i= NORTH Ulfl-'-,CF,77 MASSAC;E S— The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that granting a Special Permit from 4.132.16 of the Zoning Bylaw for a Day Care Center at 140 Willow Street will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that 140 Willow Street is an appropriate location for a Day Care Center. The Board finds that adequate and appropriate facilities are required for the proper operation of Day Care Centers by the Commonwealth of Massachusetts. The Board finds that this use is in harmony with the general purpose and intent of 4.132.16 and that this change, extension or alteration shall not be substantially more dct uncirtat than the existing structure to the neighborhood Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re- established only after notice, and a new hearing. Town of North Andover Board of Appeals, &,V P M Q,`7 Ellen P. McIntyre, Chair Decision 2005-039. M98.DP52. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978.688-9530 Health 978-688-9540 Planning 978-688-9535 tDROSTE Vineyard LLC December 14, 2005 To Whom It May Concern: The following information was requested of Droste Vineyard located at 140 Willow Street, North Andover, for the Town of North Andover: Exact square footage of the complete building = 7344 sq. feet Total square footage rentable by tenant on V floor left side with apportionment of common areas = 1321 sq. ft. R Total number of parking spaces is 25 including 2 handicapped with 5 allotted to the new tenant Approximate sizing of proposed playground on side yard = 36' X 60' or 2160 square feet Copy of Deed is enclosed. Existing acreage for the full parcel is 2.01 acres with the building occupying approximately .0839 acres. Plans delineating building layout and wetlands on 11 X 17 paper is included. N E. CED !�v 1 0 2006 BOARD OF APPEALS 140 Willow Street -' North Andover, MA 01.845 Telephone 978-61,86-5775 * Fax 978-686-5768 Email info @drostel.com Dec 14 05 03:26p Debbie Hurley 978-640-0980 p.1 DROSTE Vineyard LLC To Mitch, Town of North Andover There are 3 major tenants at 140 Willow Street, North Andover, MA. They are Droste Consultants, Inc. who has been apportioned 16 parking spaces, Andover Endodontics who is apportioned 5 parking spaces, and Out Country Pre -School who is apportioned 4 parking spaces. 4 140 Willow Street * N. Andover. MA 01810 Telephone 978-686-5775 * Fax 978-686-5768 Email info @drostel.com N m C E � V D .JAN 1 0 2006 BOARD OF APPEALS SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: 2. Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Use One or two family residence Multifamily residence Congregate Housing All other places with including(but not limited to) rooming houses, hotels, motels, hospitals, nursing.homes. Auditoriums, theaters, athletic fields, funeral parlors, day care=ntess- and other places of assembly. Restaurants, sit down restaurants, drive through Retail store and service establishments. Offices Medical Offices and Research facilities Warehousing, Wholesaling, Distributing Manufacturing assembly, Fabrication, etc 80 Minimum Spaces Required 2 spaces per dwelling unit. 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as defined under -government assisted programs. 0.75 per.dwelling unit (29/'87) 1 space per sleeping room for accommodations single or double occupancy, 1 per 2 for rooms exceeding Double beds for rooms exceeding double occupancy 1 space per 4 persons based on the design capacity of the facility. 1 per 2 seats or 15 per 1.000 GFA (Whichever greater applies). 6 per 1000 square feet GFA except 5 per 1000sf GFA in B1, B2, & GB. 1 space per 300 square feet of GFA. 3 Spaces per 1000 square feet GFA plus one space per employee. I space per 500 square feet GFA. 1 space per 2 employees in the minimum working shift or 1 space per 1,000 GFA (Whichever greater applies). �� DROSTE Vineyard LLC December 14, 2005 To Whom It May Concern: The following information was requested of Droste Vineyard located at 140 Willow Street, North Andover, for the Town of North Andover: Exact square footage of the complete building = 7344 sq. feet Total square footage rentable by tenant on I` floor left side with apportionment of common areas = 1321 sq. ft. q Total number of parking spaces is 25 including 2 handicapped with 5 allotted to the new tenant Approximate sizing of proposed playground on side yard = 36' X 60' or 2160 square feet Copy of Deed is enclosed. Existing acreage for the full parcel is 2.01 acres with the building occupying approximately .0839 acres. Plans delineating building layout and wetlands on 11 X 17 paper is included. 9r", E ""li JAN 1 o zoos BOARD OF APPEALS Illifiv Slt-cel * zloclh \n.i(i�:;:c. l,1 i)' 845 7.rliepl mic 978-686-5775 II -Ox. 97/8-086-5768 P.,11mil 111ki C<.icir�>ste.l..��tit Dec 14 05 03:26p Debbie Hurley 978-640-0980 p.1 DROSTE ✓ineyard LLC To Mitch, Town of North Andover There are 3 major tenants at 140 Willow Street, North Andover, MA. They are Droste Consultants, Inc. who has been apportioned 16 parking spaces, Andover Endodontics who is apportioned 5 parking spaces, and Out Country Pre -School who is apportioned 4 parking spaces. ti 140 Willow Street * N. Andover. MA 01810 Telephone 978-686-5775 * Fax 978-686-5768 Email info @drostel.corn JAN 1 0 2606 BOARD OF APPEALS Page 2 of 2 Each C*Wfuf ring b targe enough far 2 kids to grasp at once. x_ We would put two of these up in the driveway each time we would go outside. The kids would hold the rope (we use the same rings above each time we take a nature walk out currently) N,IJAN 1 0 2006 SOAP© OF APPEALS 1/10/2006 102 CMR 7 Safety or the local building inspector certifying that the day care center complies with the State Building Code (780 CMR 633.0). The licensee shall provide a copy of such certificate to the -Office. The certificate shall indicate that: (a) Each center caring for children less than two years and nine months in age meets the building code applicable to use group I-2. (b) Each center caring for children .more than two years and nine months in age meets the building code applicable to use group E. (2) Health Inspection. (a) The licenke shall proOide evidence of inspection from the local health department and compliance witliCbapter X of the State Sanitary Code (105 CMR 590.000), if the center provides hot meals for 13 orvmje(re children. (b) The licensee qhallWrovide evidence that any private well or water source has been inspected and approved by/tae local, board of health, health department,or private laboratory. This evidence will be updateid upon renevkal of a regular license. (3) Lead Paint Requirement and Lead Paint Inspection. The licensee shall ensure that paint used in the center is lead free. (a) The licensee shall provide evidence of a lead paint inspection from the local board of health, or the Massachusetts Department of Public Health, or a private lead paint inspection service and compliance with 105 CMR 460.000 (Department Of Public Health Prevention and Control of Lead Poisoning regulations). (b) A licensee that obtained evidence of a lead paint inspection and compliance with 105 CMR 460.000 from the local board of health or the Massachusetts Department of Public Health, or a private lead paint inspection service prior to July 1, 1988, will not be required to comply with additional deleading requirements unless so ordered by the local board of health or the Massachusetts Department of Public Health to remain in compliance with 105 CMR 460.000, or when expanding to space not previously approved by the Office. (c) The licensee shall, in addition, remove and cover any chipping, flaking or otherwise loose paint or plaster found to contain lead according to current Department of Public Health requirements. (4) Outdoor Space. The licensee shall maintain, or have access to, an outdoor play area of at least 75 square feet per child using it at any one time. (a) The average width of such a play area shall not be less than eight feet. (b) The outdoor play area shall be accessible to both direct sunlight and shade. (c) The outdoor play area shall be free from hazards including but not limited to: a busy street, poisonous plants, water hazards, debris, broken glass, and dangerous machinery or tools, or location on a porch. Any such hazard shall be fenced by a sturdy, permanently installed barrier which is at least four feet high or otherwise protected or removed, as appropriate. (d) If the outdoor play space is located on a roof, it shall be protected by a non -climbable barrier at least seven feet high. (e) The outdoor play space shall not be covered with a dangerously harsh, abrasive, or toxic material. (f) The ground area and fall zones under swings, slides, and climbing structures shall be covered Dwith an adequate depth of an impact absorbing material. ,JAN 1 0 200E 1M0XPEWP-/6-& iE DC.htrn (37 of 47) (7/13/2001 11.43:59 AN 12 Pay bills automatically with your American Express® Business Card a E�RE55 ' • FOR BUSINESS 102 CMR 7 (g) In programs serving infants and toddlers, pea gravel and wood chip nuggets shall not be used. :: (5) Indoor Space. The licensee shall have a minimum of 35 square feet of activity space per child, exclusive of hallways, lockers, wash and toilet rooms, isolation rooms, kitchens,,closets, offices or areas regularly used for other purposes. (6) Floors. Floors of rooms used by children shall be clean, unslippery, smooth and free from cracks, splinters and sharp or protruding objects and other safety hazards; (7) Ceilings and walls. Ceilings and walls shall be maintained in good repair, and shall be clean and free from sharp or protruding objects and other safety hazards. (8) Heating sources. All steam and hot water pipes and radiators shall be protected by permanent screens, guards, insulations or any other suitable device which prevents children from coming in contact with them. (9) Electrical outlets. All electrical outlets, within the reach of children, shall be made inaccessible by use of a safety device or covering that bars access to the receptacle openings. If the covering is a shock stop, it shall be of adequate size to prevent a choking hazard. (10) Room temperature. Room temperature in rooms occupied by children shall be maintained at not less than 65° F at 0° F outside; and at not more than the outside temperature when. the outside temperature is above 80° F. (11) Office space. There shall be designated space, separate from children's play or rest areas, for administrative duties and staff or parent(s) conferences. (12) Personal space. There shall be sufficient space, accessible to children, for each child to store clothing and other personal items. (13) Pest elimination. The interior of the building shall be clean and maintained free from rodents and/or insects. Safe and effective means of eliminating insects and/or rodents shall be provided. All extensive extermination shall be carried out by a licensed.exterminator. (14) Windows. The licensee shall provide suitable guards across the inside of any windows that are accessible to children and present a hazard. The licensee shall provide suitable guards across the outside of basement windows abutting outdoor play areas. (15) Stairwells. Guards shall be placed at the top and bottom of stair wells children. Pressure ga es may not a use at a top of stairs. into areas used b: (16) Telephone. The licensee shall provide at least one non -coin-operated telephone on the premises of the center for center use. a to ep one numbers of the health care consultant, aepartment, po ice, ambulance, nearest emergency health care facility, Poison Control Center, telephone number and address of the program, including the location of the program in the facility and, if applicable, the adult designated to be called in emergencies if the program is staffed by only one person, shall be immediately visible at each telephone. (17) Prohibition of General Housekeeping Activities. Routine, major house -keeping activities such as vacuuming, washing floors and windows shall not be carried on in any room while it is occupied by the children. (18) Toilets and Washbasins. The licensee shall maintain one toilet and washbasin for every 20 children in one or more well ventilated bathrooms. y(a) When adult toilets and wash basins are used, the licensee shall provide non-tippable stairs to D JAN 1 0 206 permit access by those children who are able to use them. (b) In addition to toilets, portable "potty chairs" may be used in the bathroom or separate room for BOARD OF APPEALS children unable to use toilets. file:///DI/TEMP/Licensing GDC.htm (38 of 47) [7/13/2001 11:43:59 AM] I /Yr rCA1 1�., o yo cl A/SIM T"/ S Pay bills automatically with your American Express® Business Card CO. - FOR BUSINESS 102 CMR 7 (c) Special handrails or other aids shall be provided if required by special needs children. (19) Water Temperature. The licensee shall provide both hot and cold running water in washbasins and for water used by children. There shall be a temperature control to maintain a hot water temperature at no more jhg*h 120° F. (20) Required Barrier to Kitchen. The licensee shall provide a barrier, such as a door or gate, which prevents children's access to the kitchen while unsupervised. (2 1) Required Maintenance. The kitchen shall be maintained in a sanitary condition and garbage receptacles used in the kitchen shall be emptied and cleaned daily. (22) Dining Room or Areas. The licensee shall maintain dining rooms or areas which are sufficiently large to fit tables and seats for persons eating in an uncrowded manner, and shall be clean, well lit and ventilated 7.26: Physical Access (1) Effective Dates. The licensee shall ensure access for persons with disabilities either by compliance with the design standards in 521 CMR (Architectural Access Board) or by compliance with the requirements of 102 CMR 7.26. (a) Group day care centers licensed as of September 8, 1992 and which have continued to be licensed shall be exempt from the requirements of 102 CMR 7.26. (b) Group day care centers licensed as of September 8, 1992 and which have continued to be licensed, although subsequently changing ownership or licensee shall be exempt from the requirements of 102 CMR 7.26. (c) Group day care centers licensed as of September 8, 1992 and which have continued to be licensed, but subsequently change location may be exempt from some or all of the requirements of 102 CMR 7.26 if the Office determines that circumstances exist which adversely affect a center's ability to comply with 102 CMR 7.26. Such circumstances include, but are not limited to: reason for relocation, availability of accessible space, effect on expenses and resources, or the impact otherwise of this action upon the licensee. (d) Notwithstanding the exemptions in 102 CMR 7.26, group day care centers that renovate or remodel their existing sites shall be in compliance with 780 CMR (the State Building Code) and the 521 CMR (the Architectural Access Board), as required by state or local building authorities. (2) Access to Care and Activities. The level or story which can be reached by the accessible entrance shall provide access to the full range of activities provided by the program, including but not limited to: access to at least one group for each age grouping cared for and access to the space or room used for the activities as required by the written plan pursuant to 102 CMR 7.23(1). (3) Site Access. A clear path of travel, a minimum of 36 inches wide, shall be provided from the sidewalk, parking area and passenger loading area to the accessible entrance. This path of travel shall have a continuous evenly paved or hard -packed surface, with no changes in level greater than %i inch and a slope not to exceed 1:20. % wr e � e te4lrni f ,. � (a) If the slope is greater than 1:20, then the path shall comply with the requirements 102 CMR 7.26(4). E C E WD (b) If curbcuts are provided as part of the path of travel they shall comply as follows: s sloped sides; 1. Width minimum 36 inches excludin JAN I0 2006 ed r , BOARD OF APPEALS 2. Slope of curb cut shall not exceed 1:12; 3. Lip at road edge maximum % inch high. file-ODVTEMP/Licensing GDC.htm (39 of 47) [7/13/200111:43:59 AM) 2� wrNISlf pay bills automatically with your American Express Card Volt BUSINESS 102 CMR 7 4. Sides of curb cuts shall extend no less than 24 inches at the curb. (4) Ramps. All ramps shall comply with the following: (a) A slope no greater than 1:12; (b) A minimum width of 48 inches between the handrails; (c) Handrails set on both sides at a height of 19 inches and 34 inches, extending 12 inches beyond the top and bottom of the ramp. The handgrip portion shall be round or oval with a diameter 1'/4 to two inches; (d) Level platforms a minimum of 48 inches long at the bottom, the top, every 32 feet and where the ramp changes direction; (e) A non -slip surface. (5) Entrance. At least one entrance to the building shall be accessible to persons with disabilities. If the main entrance is not accessible, a sign with the international symbol of accessibility shall be posted directing persons from the ordinary path of travel to the accessible entrance. The approach to the accessible entrance shall be a complying walk or ramp with a level area 60 inches by 60 inches exterior of the doorway. (6) Doorways. Interior and exterior doors shall meet the following requirements: (a) Doors shall have a minimum width of 36 inches. Pivoted and balanced hardware doors and other non -hinged doors shall provide a minimum clear opening of not less than 32 inches measured at 90° . (b) Thresholds maximum % inch high, beveled on both sides; (c) Door hardware. operable with a closed fist including but not limited to levers, push plates, pull bars, panic hardware or automatic door openers, but not including conventionally operating door knobs or thumb latch devices; (d) An 18 inch clear level floor area beyond the latch, pull side of the doorway; (e) Door pressure no greater than 15 pounds for exterior doors and eight pounds for interior doors, door closing speed minimum six seconds; (f) If applicable, a vestibule with a length a minimum of 48 inches plus the width of the door opening into the space. � E C E � W E ,SAN 1 0 2006 D BOARD OF APPEALS f ! �--_ lcr/rtr� sN�-z=7 F�Jr2 — 4. h1deS or euro cuts shall extend no less than 24 inches at the curb. (4) Ramps. All ramps shall comply with the following: (a) A slope no greater than 1:12; (b) A minimum width of 48 inches between the handrails; (c) Handrails set on both sides at a height of 19 inches and 34 inches, extending 12 inches beyond the top and bottom of the ramp. The handgrip portion shall be round or oval with a diameter 11/4 to two inches; (d) Level platforms a minimum of 48 inches long at the bottom, the top, every 32 feet and where the ramp changes direction; (e) A non -slip surface. (5) Entrance. At least one entrance to the building shall be accessible to persons with disabilities. If the main entrance is not accessible, a sign with the international symbol of accessibility shall be posted directing persons from the ordinary path of travel to the accessible entrance. The approach to the accessible entrance shall be a complying walk or ramp with a level area 60 inches by 60 inches exterior of the doorway. (6) Doorways. Interior and exterior doors shall meet the following requirements: (a) Doors shall have a minimum width of 36 inches. Pivoted and balanced hardware doors and other non -hinged doors shall provide a minimum clear opening of not less than 32 inches measured at 90° . (b) Thresholds maximum % inch high, beveled on both sides; (c) Door hardware operable with a closed fist including but not limited to levers, push plates, pull bars, panic hardware or automatic door openers, but not including conventionally operating door knobs or thumb latch devices (d) An 18 inch clear level floor area beyond the latch, pull side of the doorway; (e) Door pressure no greater than 15 pounds for exterior doors and eight pounds for interior doors, door closing speed minimum six seconds; (f) If applicable, a vestibule with a length a minimum of 48 inches plus the width of the door opening into the space. (9) Stairs. All interior and exterior stairs shall comply with the following: (a) No open risers; (b) Nosings not projecting and not damaged, (c) Double handrails on both sides of the stairs: the upper rail set between 30 inches and 33 inches measured vertically above the nosing of the treads and the lower rail set at approximately 20 inches measured vertically at the face of the rise. The top handrail shall extend at least 12 inches beyond the top and bottom of the stairs. (d) A round or oval handgrip with a diameter between 1'/4 inches and two inches. (10) Restrooms. At least one unisex restroom or one each male and female restrooms shall be provided that comply with the following: (a) A doorway that meets the requirements of 102 CMR 7.26(6); -5 Lit i L 110 nay 1"(10 C) p (c) If the restroom contains stalls, at least one stall shall measure five feet by six feet. J AN j 4 20 (61 Outdoor Space. An outdoor play area shall be accessible by an entrance and doorway that meet the requirements of 102 CMR 7.26(3) and (4). A hard -packed or paved, unobstructed path of travel with no BOARD OF APPichanges in level greater than 'h inch shall be provided from the doorway to the area. (h) A five foot turning radius measured 12 inches above the floor; TOWN OF M, NORTH ANDOVER BOARD OF APPEALS Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The SPECIAL PELTED j: : 5 1 Town Clerk Time Stamp 111 R t-1� yip° 0 \11 ... STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP,7: DELIVERY OF -LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application, form to petition the Board of Appeals for a Special Permit. All information as -required in items 1 through and including 11 t bil be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information Wthe Town Clerk's Office' to be certified -by the Town Clerk with the ;time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street North Andover, MA 01845 978-688-9542 fax for all Community Development offices e C ff 0 V978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office �OQS DEG D PAGE 1 of 4 80AR0 0,,-,40&4a STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. . -STEP 9: DECISIONS After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Cleric. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision,: Mylar, and any accompanying plans at the Essex County North Registry ofbeeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. North Andover Town Hall 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS --- - - - ----=-sem- �— •-��;,.--._ _,,,-PFF- ;_-�. .n-� _.,. _ ,�u 1. Petitioner: Name, address and telephone number. Ge.bRCslA A r-t►-rG-iwj_ , p Res i o em -r ov- C0Ja4T1Z1 "FRES .tO OL 7.niC - q5 (Af'3Qi.E4TtCK Rom �"-Vzr • • 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: VACS -CE Vi4r_yiiix0, r.u.G J4 -h WlL-t_nwi sraFrr 508 577T nie caM060f.9 MA AIK46 Years Owned Land: g i- 3. Location of Property: a. Street: t .4b Zoning District t3 oussrz,r3 b. Assessors: Map number UD Lot Number. 52 c. Registry of Deeds: Book Number Gt a ji Page Number. 133 4. By -Law Sections under which the petition for the Special Permit is made. 4• i3Z • I � ZNi,�iSTf�ift'l. P�STRIc-i- Z 1 *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 914+7 4 7, o jr.�,% 6B. Proposed Lot(s): K1A wotM; 'FROPO$EP Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces o� 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces go- AA t4 I A- 35 % 150 A4 7A. Existing Building(s): Minimum Lot Setback Front Side A Side B Rear 9(0 Ala- -13$ YAat40M &a P1.44C Minimum Lot Setback Front Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear � Jt�se�arxE i ►i pWlc.E Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building" of Units" -Q-. FL'1,3 *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 7B. Proposed Building(s): NIA N o riE 1a�o�as�t> Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature a. iiwrj _ Type above name(s) here QeCPkGi4A R• M-Mig-L WN �'"° Zoning BylaW Denial Town' Of North Andover Building Department i 400 Osgood SL North Andover, MA. 01845 Phone 978.688.9545 Fax 978.8884542 Please be adviad that atter revww ur Yum Atflinr......... �.._ --- - - - • - DENIED for the following Zoning Bylaw nasions: Zoning --j-- -r I ftern Notes Site Plan Review Special Permit Iberrl Notes A Lot Area F Frontage Height Variance 1 Lot area Insul1ident 1 Frontage Insufftient IndOPSndard Elderly Housing Special Permit 2 Lot Area 2 Frontage Complies Special Permit Use not Listed but Similar 3 Lot Area Complies 3 Preexisti e 4 Insufficient Information 4 Insufficient Information e Uses No access over Frontage 1 Allowed G Contiguats Butllding Area 2 Not Allowed 1 Insuf card Area 3 Use Preexisting 2 1 Conlolies 4 Special Permit Required 3 Preexisting CBA 5 1 Insufficient IMonnation 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 PmexiSfing Height e5 4 Right Side Insutiicient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setback(s) 1 Coverage exceeds maximum 7 Insufficient Infornation 2 Coverage COMPIIOS D W2bndwd 3 Coverage Preexisting 1 Not in Watershed 4 Insufrtcierd Information 2 In Watershed j Sign 3 Lot prior to 10124/94 1 sign not allowed 4 Zone to be Determined 2 Sign Com ies 5 Insufficient Information 3 Insufficient Information E Historic Vict K Parking 1 In District review required 1 More Parking Required 2 Not in district "e° 2 Parking Complies 3 Insufficient Information j 3 Insufficient Intonation E -S 4 Pre-existing Parks Ramadw for the ahnw ia: rharkad haler. Items 1 Special Pamils Planning Board Item 0 Variance Site Plan Review Special Permit Setback Variance Access other then Frontage Special Permit Parldnd Variance Frontage E=eption Lot §Recial Permit lot Area Variance Common D&.---iay Sp@qO Permit Height Variance Congregate Housing Sperial Permit Variance for Sion Continuing Care Retirement Special Permit Special Permits Zoning Board IndOPSndard Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal S Permit ZBA Planned Dwvkwrwd District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Permit for Sign R-8 Permit Watershed Special Permit — S Permit prewdsting nonconformin 4e --CM r,e" The above -view and aeadw! avpinaoon of such is based on the pies and Wa n octan sub INed. No defefitlw review and or advice shell be bard an vwbd by the appricant nor old such verbal aaplarrriorr by the W wt aerva to proviI- ddirridw arrvaos b to obwm mews for DENIAL Any kamrsaw, mial g lydm,. cider, or oew S"egnrrt drrg 1 to sr irdw"Mm wAhOled by the appliant shell be panda for thio molew to be velded al Ur d wistion of the Buildirg DepaNaart TM aaadrd dmmmt ftd'Pm Rarbw NamaW dW be alAdW twaso and-eorpardad hare- by nfaanoe. Thr b Aft drpertnrrt wa sm at plrr and dwww*mm for Un above IIs. You mud flM a naw b Mi g P1m* aPPhcdbw foam and bad- er pert p acew Building Department Officud Sig re Appkabon Received Applketion Denied Plan Review Nanative The following narrative Is prwided to further explain the reasons for denial for the applit tn/ permit for the property indicated on the reverse side: IIwA Il�ill�'1W OWN colo b1le- zcyIj ( J 1 e 1 DmAmpr it Tn- Fire Health Police Zoning Board Conservation DepwMwd of Public Works Planning Historical Commission Olhet BUILDING DEPT DROSTE Vineyard LLC December 14, 2005 Zoning Board of Appeals Town Hall North Andover, MA 01845 To Whom It May Concern: This letter serves as written authorization from Droste Vineyard, LLC to recognize Out Country Pre -School Inc as a tenant for this building at 140 Willow Street, North Andover. This letter authorizes Out Country Pre -School to make application to the Zoning Board of Appeals on our behalf. Since ;KI een Droste omas Droste Managing Members 140 Willow Street * North Andover, MA 01845 Telephone 978-686-5775 * Fax 978-686-5768 Email info @droste1.com OUT COUNTRY PRESCHOOL GEORGE MITCHELL, DIRECTOR 95 CANDLESTICK ROAD NORTH ANDOVER MA 01845 TELEPHONE (978) 683-2820 Brief History Out Country Preschool, Inc. was formed in September 1984, in North Andover, MA. During the last 22 years it has developed and evolved into one of the premier schools in this community. It has a longstanding reputation of preparing young children for _kindergarten in a loving,_ caring environment. We teach two classes per day, and have _ since its inception. In addition we have at times provided a summer school program. We hold all of the necessary state certifications to run Out Country and are nationally accredited by the National Association for the Education of Young Children, (NAEYC). Operations Out Country Preschool is widely recognized in the community and enjoys an outstanding reputation. We have taught in excess of 1000 children. We operate by `word of mouth' and are able to consistently fill our classes. Classes begin promptly at 8:30 in the morning and 12:00 in the afternoon, each lasting three hours. This range of hours minimizes any concentration of families at the center at one time. Out Country Preschool has always been an active member of the community. This involvement includes local community partnerships, providing workshops and education for our parents, open houses and field trips. We specialize in hands-on involvement of teachers and parents to educate and develop our students for confident learning, social skills and emotional security to maximize their elementary school experience. Owners Georgina Mitchell is the founder and sole owner of Out Country Preschool, Inc. Georgie, her husband Craig and their family have lived in North Andover since 1983. They raised and educated their four children in the public schools. This relocation of the preschool provides a new. and more centrally located site for their students. The new location, a little over a mile away is the ideal facility that meets our needs and those of our students and parents. W lve,re, Fve-ry&m& I s- Sp a c,va.L s y SG` 0 Town of North Andover NORtM O�trieo `6''q. t`e�,r •e G 9 Office of the Conservation Department FO Community Development and Services Division �s �* �911tD M `� 400 Osgood Street �SSACHUSES North Andover, Massachusetts 01845 Alison McKay Telephone (978) 688-9530 Conservation Administrator Fax (978) 688-9542 December 13, 2005 Ms. Georgie Mitchell 95 Candlestick Road North Andover, MA 01845 RE: Out Country Preschool, 140 Willow Street, North Andover, MA Dear Ms. Mitchell: This letter has been prepared to officially give authorization to install a fence within the.limits of existing lawn, in order to enclose a play area for the above -referenced preschool. As discussed with you last week, the fence must be placed outside of the regulated 25' No Disturbance Zone associated with the adjacent wetland resource area. Structures and maintenance of any kind within this area is strictly prohibited. Enclosed please find a copy of the as -built plan for the building, dated July 11, 2001 for further information. Based on this information, the 25' No Disturbance is concurrent with the edge of existing lawn and tree line. If you still are not sure as to where this 25' No -Disturbance line extends, the Conservation Department would be more than happy to identify this area in the field for you. However, due to the amount of current snow cover, an inspection would have to be done in the spring or when the weather conditions are more conducive. Please be aware that as a result of the location of the adjacent wetland resource area and the 100 -year floodplain, the majority of the property falls under the jurisdiction of the North Andover Conservation Commission (NACC), in accordance with the MA Wetlands Protection Act, (M.G.L. c.131, §40) and the Town of North Andover Wetlands Protection Bylaw, (Chapter 178 of the Town General Laws). As such, any exterior work (e.g., clearing, grading, excavation etc.) must be filed with the NACC for review and subsequent approval. Please feel free to contact me at any time should you have further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Alison McKay Conservation Administr or CC: NACC File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-95 35 TRENCH DRAIN SHOWN IS — PLAN REF. #3 AND IS NOT DF A FIELD LOCATION BY ATOR SYSTEM SHOWN IS PLAN REF. #3 AND IS NOT OF A FIELD LOCATION BY 0 0 0 0 00 r FLOOD ZONE REVISED WETLAND ry LINE PER NACC PERSONNEL 4# 1 DOE OF WETLANDS �� ry DELINEATED BY ENSR MAY 1998 (BORDERIN �y VEGETATED WETLAND) loot _rye h. -238— 0 �6 . A6. L � ry' o• 240 6 N p^ 6a o ry ap // CLEANOUT AS LOCK OI �� BY THIS OFFICE D' y° pa G yj A6 � 1 � ate• �+ �ry . ,`VENT`AS LOCATED Xry '6Y THIS OFFICE X24 2 OVERHANG °, / eLEANOU OBY FF C LOCATED _ti• ry ryb L1=101-21 34'12 / _546;_---�G w R=25.00— L=44.27 l ' S�w�`� G , G CONCRE w RIM=242.85 C 1NOU5 /w �ryC� INV.IN=232.85(ROAD) ry g�TUM w� f INVAN=231.95 INV.OUT=231.95 rya )1�♦0 POLICE _ — D E P A R T M E N T "Community Partnership" To: North Andover Zonis Board of Appeals From: Lt. John Carney, Operations Division Comman North Andover Police Department Regarding: Relocation of Out Country Preschool, Inc. Date: December 13, 2005 Please be advised that I have discussed the relocation of Out Country Preschool, Inc. to 140 Willow Street, North Andover with the Director, Georgie Mitchell. We have specifically addressed traffic impact. I am very familiar with the existing traffic patterns in the area. It is my opinion that there will be no nuisance or serious hazard to vehicles or pedestrians as a result of this relocation. No hazard exists now and none will be created. Cc: Richard M. Stanley, Chief of Police Sgt. Fred Soucy, Safety Officer 566 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS 01845-4099 Telephone: 978-683-3168 Fax: 978-681-1172 Abutter to Abutter ( x ) Building Dept. ( ) Conservation (. ) Zoning. ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 98.D 52 Droste Vineyard, LLC Lir40 Willow Street North Andover, MA 01845 Abutters Properties MAP PARCEL Name Address 25 27 Channel Building Company 1355 Middlesex Road Wilmington MA 01887 98.D 45 JK Realty Trust r/ti1 Brentwood Circle North Andover, MA 01845 98.13 46 John McDowell 1208 Main Street North Andover, MA 01845 98.D 53 Henry Bolton �'RO Box 7364 Reno, NV 89510-7364 98.D 54 Anthony Sakowich, Trustee v26 Oriole Drive Andover, MA 01810 98.D 69 AND Realty Trust vP0 Box 502 Andover, MA 01810 page 1 of 1 This certifies that the names appearing on the records of th sessors Office as of z` Certified ��`-� Date t2 !Z 05' .,7Di vzU� s4 T - 'ssaw fano uB JOU P �� In uBrsa p� q P m 'aanoanry gaaov NBYd 553D1IS119 83AOQM' q,1NON ISHUI.S I10771& 06! 0131dHV0 g NO11f10 sA 107 0 OOOZ L r. 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WRITTEN DOCUMENTATION *10. S. *Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11 "W", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special H) One (1) Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5) ZBA signatures and date indicated on the supported. All points, 1-6, are required to be . Mylar. addressed with this application. „ *10 C. *Features To Be Included On Plan: 1). Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point , F 2. The specific site is an appropriate location for such 2. zoning district (s) use. structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. _ 5. abutters of orty�wlt in0dius 4. Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. 4thin 50' from applicants proposed structure S. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. 1r) Legend & Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in red required by the particular Spefcial. Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e. the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be'suibrrritted with this application to the -Town, Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. - A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a -- proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five or more parking spaces, 11) three (3) or more dwelling units. 1.11) 2000 square feet of building area. Major Projects shall require that in addition to the above `natures, plans must show dctailcd utilities, soils, and +opoyraphic information. - applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only toe plan information as indicated -with an. asterisks ("). In some cases further information may be required 1,1. APPS (CATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified. return receipt ($4.42 as of November 2003) x# of all parties in interest identified in iVIGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1W-5/8" (3 copies for the Legal mailing and one copy for the Decision 'nailing). C. See; 2005 Revised l=ee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2 -(two) years if not exercised and a new petition must be submitted. E-FFF Wednesday, December 14, 200512:27 PM Debbie Hurley 978-688-1594 Attention: Mitch Company: Fax Number: 9786889542 Voice Number: From: Debbie Hurley Company: Droste Consultants, Inc. Fax Number: 978-688-1594 Voice Number: 978-686-5775 Subject: Parking spaces Comments: Date: 12/14/2005 Number of Pages: 2 Attached is requested information as requested relating to parking 140 Willow Street. P.01 Dec 14 05 03:26p Debbie Hurley 978-640-0980 p.l DROSTE ✓ineyard LLC To Mitch, Town of North Andover There are 3 major tenants at 140 Willow Street, North Andover, MA. They are Droste Consultants, Inc. who has been apportioned 16 parking spaces, Andover Endodontics who is apportioned 5 parking spaces, and Out Country Pre -School who is apportioned 4 parking spaces. 140 Willow Street * N. Andover. MA 01810 Telephone 978-686-5775 * Fax 978-686-5768 Email info @drostel.com DROSTEVineyard LLCt December 14, 2005 To Whom It May Concern: The following information was requested of Droste Vineyard located at 140 Willow Street, North Andover, for the Town of North Andover: Exact square footage of the complete building = 7344 sq. feet Total square footage rentable by tenant on 1'` floor left side with apportionment of common areas = 1321 sq. ft. Total number of parking spaces is 25 including 2 handicapped with 5 allotted to the new tenant Approximate sizing of proposed playground on side yard = 36' X 60' or 2160 square feet Copy of Deed is enclosed. Existing acreage for the full parcel is 2.01 acres with the building occupying approximately .0839 acres. Plans delineating building.layout and wetlands on 11 X 17 paper is included. 1 tO Will;,w [�-(,,, Ncj -th ,\ttf. oc� _,r, \ A t)1, -15 978-686-5768 I:'ntrirl 11 k) ((`,lrostel.cc�m / � � W Q Z � O _ O 1 � � �Y 1 'lF"t :.•\! cy {n ^ � m � E o = { \ J/c ,/ \ � LL = 4y � b �ri �s I.., I.• *`_J cj %. IOj W�� _F u - Y ¢� �� c0 Q ¢�N iN I I '� . w fi� a� •" u W o I I ib �0.3iC73� EI°�j`I c u Z s\ f Vo o w iii r1 d wo z ! C o n� b a ¢ 0 3I !• W O o z o SEI IiI = o F� x w.L W _ �^ 'SII A X04 a `s. (�/�\_.�.� '�� r• 2•. 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Ms. Georgie Mitchell 95 Candlestick Road North Andover, MA 01845 RE: Out Country Preschool, 140 Willow Street, North Andover, MA Dear Ms. Mitchell: This letter has been prepared to officially give authorization to install a fence within the limits of existing lawn, in order to enclose a play area for the above -referenced preschool. As discussed with you last week, the fence must be placed outside of the regulated 25' No Disturbance Zone associated with the adjacent wetland resource area. Structures and maintenance of any kind within this area is strictly prohibited. Enclosed please find a copy of the as -built plan for the building, .dated July 11, 2001 for further information. Based on this information, the 25' No Disturbance is concurrent with the edge of existing lawn and tree line. If you still are not sure as to where this 25' No -Disturbance line extends, the Conservation Department would be more than happy to identify this area in the field for you. However, due to the amount of current snow cover, an inspection would have to be done in the spring or when the weatherconditionsare more conducive. Please be aware that as a result of the location of the adjacent wetland resource area and the 100 -year floodplain, the majority of the property falls under the jurisdiction of the North Andover Conservation Commission (NACC), in accordance with the MA Wetlands Protection Act, (M.G.L. c.131, §40) and the Town of North Andover Wetlands Protection Bylaw, (Chapter 178 of the Town General Laws). As such, any exterior work (e.g., clearing, grading, excavation etc.) must be filed with the NACC for review and subsequent approval. Please feel free to contact me at any time should you have further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Alison McKay Conservation Administr or CC: NACC File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 653-9530 HEALTH 683-9540 PLANNING 688-9535, -00 l l , v\ 2C D �O co OR TRENCH DRAIN SHOWN IS iM PLAN REF. #3 AND IS NOT LT OF A FIELD LOCATION BY ,E. LTRATOR SYSTEM SHOWN IS —� OM PLAN REF. #3 AND IS NOT LT OF A FIELD LOCATION BY 'E. �ti a°, ti REVISED WETLAND LINE PER NACC PERSONNEL / i Xry'�a I _III EDGE OF WETLANDS i DELINEATED BY ENSR MAY 1998 (BORDERIN VEGETATED WETLAND) � 238- 1 'Lo *iA// ,.VENT AS LOCATED) Xti 'tY THIS OFFICE - X242 ah h \ 24 0 CLEANOUT AS LOCA BY THIS OFFICE h a �V ha tp // Irya N hA� C1 rya° A 1 1 'Lo *iA// ,.VENT AS LOCATED) Xti 'tY THIS OFFICE - X242 OVERHANG a1ti.� LEANOUT AS LOCATED k,ll:YTH15 OFFICE X \ ^ � 5••=CP 4 0=101'27'34"X _ Sgg'12 ` ` - G N/ R=25.00 L=44.27_ ! 'G ,1a W a.SEW m / G- CONCR W / a ISG W' RIM=242.85 B1TUNINOUS /W = _ �ryr,INV.IN=232.85(ROAD) INV.IN=231.95 INV.OUT=231.95 rya N i' 4E Ji i J r ry -� mer �o �AM(A G y C Q �:d Oq z 860.E r' °R r G 000(C.'� `, ,,� ` `�•C• � �` ✓t� �\ f"'^ IIS I _ 1 1. / i q m y, '`''y y � 1', � \ \ y ` � ` ��I \� : p�� ' .��j(V, PZ;.«=Vic".__•.-=;✓ f,. �,'-"" Z y .. , •YIS . _ fJ S< '�11•A t 1 5" j. I�� �. . i