HomeMy WebLinkAboutMiscellaneous - 1401 GREAT POND ROAD 4/30/2018 (2) tVd 1 Gf-c—AT PonD kp;
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PHONED BACK CALL RETURNED SEE YOU � AGAIN LL ❑ WAS IN URGENT
Any appeal shall big filed-. :�o -.,� RECEIVED
within (20) days after the ,, JOYCE BRAJSHAW
date of fiii�g of this Notice 'SS,C,,,,SETOWN GLERK
in the Office of the Town
TOWN OF NORTH ANDOVER NQRTH ANDOVER
Clerk. MASSACHUSETTS SEP 59
BOARD OF APPEALS
NOTICE OF DECISION
Property: 1401 Great Pond Rd.
NAME: Thomas Yameen Date: 9/17/97
ADDRESS: 1401 Great Pond Rd. Petition: 013-97
North Andover, MA 01845 Hearing: 919/97
The Board of Appeals held a regular meeting on Tuesday evening, September 9, 1997 upon
the application of Thomas Yameen, requesting a Variance of Section 4, Paragraph 4.136 of,
the Watershed Protection District, of the Zoning Bylaws. Said premises is property with
i frontage on the North side of Great Pond Road, (vacant land) in the R-1 Zoning District.
I
i The following members were present: William Sullivan, Walter Soule, Raymond Vivenzio,
iJohn Pallone, Scott Karpinski, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 8/26/97 and 9/2/97, and all abutters
were notified by regular mail.
Upon a motion made by Walter Soule, and seconded by Scott Karpinski, the Board of Appeals
unanimously voted to GRANT the following: relief of 25 foot for each of the 2 lots with 150 foot
frontage instead of 175 foot frontage requirement. The relief on the CBA to be .26 acres on
Lot A. Relief for Lot B of .21 acres of area from the Zoning Requirements of 2 acres.
i Replication of 1100 feet,180 square feet area of wetlands be provided at the rear of the parcel
of Lot A and shown on the plan dated August 6, 1997. There shall be a single family house on
each lot, Lot A and Lot B.
On condition that the space in-between should have tree plantings along the lot line to the rear
of the North side of the property, that the house on Lot A be shielded from the existing
neighbors to the rear of French Farm and the required permits from other Town Boards:
Planning, (driveway) and Conservation Board (wetlands) are granted.
The evergreens should be planted immediately after construction of the Yameen property,
from the East corner of the lot 150 minimum feet along the rear lot. Voting in favor: William
Sullivan, Walter Soule, Raymond Vivenzio, Scott Karpinski, Ellen McIntyre.
The petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
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
I
-2-
NOTICE OF DECISION - continued
(applicant: Thomas Yameen, 1401 Great Pond Rd.)
i
abide by all applicable local, state and federal building codes and regulations, prior to
issuance of a building permit as requested by the Building Commission.
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BOARD OF APPEALS,
William J. Sullivan, Chairman
Aestded9
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF: NORTH ANDOVER
... .......
SYSTEM PUMPING REPORT
ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF NOVEMBER 2009
CONTENTS CONDITION ION OF
RATE NAME ADDRESS GAL I TYPE TRANSFERRED SYSTEM
i11/10/20091VALLEY PROPERTIES !3 50 WINTHROP A2,500 GREASE;CORRENCO
AIM/
�OC�91COLONNADE CONDOS 1401 GREAT POND D�ROAD 1,000 SEPTIC LOWELLWWTP
11/14/2009 PAUL PIEROG TURNPIKE STREET 1,000 SEPTIC LOWELL WWTP
RECEIVED
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DEC 1 0 2009
-1701
VN OF NORTH ANDOVER
----tlEALTH DEPARTMENT
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�9SSACHUS�t�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
Public hearing at the Stevens Memorial Library located at
345 Main Street, North Andover MA on Tuesday the 8th
day of July 1997 at 7: 30 o' clock P.M._ to all parties
interested in the appeal of Thomas Yameen of 1401 Great Pond
Rd North Andover requesting a Variance from the
requirements of Section 7 paragraph 1 & 2 in a R-1
district of the Zoning Bylaw.
Said premise is vacant land located on the northerly side
of Great Pond Road which is the R-1 Zoning District for the
purpose of obtaining relief as to frontage, lot area and CBA
requirements. Plans are available for review at the Office
of Community Development & Services; Town Hall Annex, 146
Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish North Andover Citizen 6. 18.97 & 6. 25.97
1401 Great Pond Road
LEGAL NOTICE ,.-o
TOWN OF NORTH ANDC
BOARD OF APPEALS
Notice is hereby given that the Board dr
peals will hold a public hearing at the Stevens
Memorial Library located at 345 Mair, Street,
North Andover,MA on Tuesday,the 8th day of
July 1997 at 7:30 o'clock P.M.to all parties in-
terested in the appeal of Thomas Yameen of
1401 Great Pond Road, North Andover re-
questing a Variance from the requirements of
Section 7,Paragraph 1 &2 in an R-1 district of
the Zoning Bylaw.
i
Said premises is vacant land located on the
northerly side of Great Pond Road which is the
R-1 Zoning District for the purpose of obtaining
relief as to frontage,lot area and CBA recuire-
ments.Plans are available for review at the Of-
fice of Community Development& Services,
Town Hall Annex,146 Main Street.
By the Order of the Board of Appeals
William J.Sullivan,Chairman
North Andover Citizen,6/18&6/25/97
pFr
OfORTt«.° ,e1h� �.•��.--
�? °� a OL
O A
�9SSAC HUsf�ty
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public
hearing at the Stevens Memorial Library located at 345 Main Street,
North Andover, MA on Tuesday the 9th day of September 1997 at 7 : 30
o'clock P.M. to all parties interested in the appeal of Thomas
Yameen of 1401 Great Pond Rd. , North Andover, requesting a
Variance from the requirements of Section` Paragraph 4 . 136. of the
Watershed Protection District.
Premises affected is property with frontage on the North side of
Great Pond Road, also known as vacant land, in Zoning District R-1.
Plans are available for review at the Office of The Building Dept. ,
Town hall Annex, 146 Main Street.
By the order of the
Board of Appeals
William J. Sullivan,
Chairman
Published in E.T. Aug. 26 & Sept 2 . LEGAL TI
TOWN OF
NORTH ANDOVER
BOARD OF APPEALS
Notice is hereby given
that the Board of Appeals
will hold a public hearing at
the Stevens Memgrial
Library located at 345'
Main Street, North
Andover, MA on Tuesday
the 9th day of September
1997 at'7:30 o'clock P.M.
to all parties interested in
the appeal of Thomas
Yameen of 1401 Great
Pond Rd., North Andover,
requesting a Variance from
the requirements of Sec-
tion 4,Paragraph 4.136.Of
the Watershed Protection
District.
Premises affected i&,
property with frontage on.
,the North. side of Great
Pond Road,also known as'
vacant land,In Zoning Dis-
trict R-1. Plans are avail-
able for review at the'
office of The Building.
Dept., Town Hall Annex,
146 Main Street.
By the order of the.
Board of Appeals
William J.Sullivan;,
. Chairman.
E-T — Aug. 26, Sept.2;
1997
1 NORTF� 1
3�0
`t,,to 66+
O A
AIL
��SSACNUS���
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public
hearing at the Stevens Memorial Library located at 345 Main Street,
North Andover, MA on Tuesday the 9th day of September 1997 at 7 : 30
o'clock P.M. to all parties interested in the appeal of Thomas
Yameen of 1401 Great Pond Rd. , North Andover, requesting a
Variance from the requirements of Section,-4Paragraph 4 . 136. of the
Watershed Protection District.
Premises affected is property with frontage on the North side of
Great Pond Road, also known as vacant land, in Zoning District R-1.
Plans are available for review at the Office of The Building Dept. ,
Town hall Annex, 146 Main Street.
By the order of the
Board of Appeals
William J. Sullivan,
Chairman
Published in E.T. Aug. 26 & Sept 2 . LEGAL NOTICE
TOWN OF
NORTH ANDOVER
BOARD OF APPEALS
Notice is hereby given
j that the Board of Appeals
q, will hold a public hearing at
the Stevens Memorial
Library located at 345
Main Street, North
Andover, MA on Tuesday,
the 9th day of September
1997 at 7:30 o'clock P.M.
to all parties interested in
the appeal of Thomas .
Yameen of 1401 Great
Pond Rd., North Andover,
requesting a Variance from ,
the requirements of Sec-
tion 4,Paragraph 4.136.of
the Watershed Protection
District.
Premises affected is
property with frontage on
the North side of Great
Pond Road,also known as
vacant land,in Zoning Dis-
trict R-1. Plans are avail-
able for review at the
Office of The Building
Dept., Town Hall Annex,
146 Main Street.
By the order of the
Board of Appeals
William J.Sullivan,
Chairman
E-T — Aug. 26, Sept.2,
1997
✓ MORTF, ` �
9l f:Li.itCt;
JOYCE E?r:,"i:!`::E+:.apt(
{OWN 'Ltiit;
= Nor-rH'ANDOVER
SS,CX MAR I 106
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any appeal shall be filed
within(20)days after the
date of filing of this Notice
in the Office of the Town clerk. NOTICE OF DECISION
Property: 1401 Great Pond Rd.
Corrected copy to Petition#013-97
to clarity specific dimensional relief dated 3/10/98
NAME: Thomas Yameen Date: 9/17/97
ADDRESS: 1401 Great Pond Rd. Petition: 013-97
North Andover, MA 01845 Hearing: 9/9/.97
The Board of Appeals held a regular meeting on Tuesday evening, September 9, 1997 upon
the application of Thomas Yameen, requesting a Variance of Section 4, Paragraph 4.136 of
the Watershed Protection District, and Section 7, Paragraph 1 &2 of the Zoning Bylaws. Said
premises is property with frontage.on the North side of Great Pond Road, (vacant land) in the
R-1 Zoning District.
The following members were present: William Sullivan, Walter Soule, Raymond Vivenzio,
John Pallone, Scott Karpinski, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 8/26/97 and 9/2/97, and all abutters
were noted by regular mail.
Upon a motion made by Walter Soule, and seconded by Scott Karpinski, the Board of Appeals
unanimously voted to GRANT the following: relief of 25 foot for each of the 2 lots with 150 foot
frontage instead of 175 foot frontage requirement. The relief on the CBA to be .26 acres on
Lot A. Relief for Lot B of .21 acres of area from the Zoning Requirements of 2 acres.
Replication of 1100 feet, 180 square feet area of wetlands be provided at the rear of the parcel
of Lot A and shown on the plan dated August 6, 1997. There shall be a single family house
on each lot, Lot A and Lot B; description of relief sought is on the attached relief
statement.
On condition that the space in-between should have tree plantings along the lot line to the rear
of the North side of the property, that the house on Lot A be shielded from the existing
neighbors to the rear of French Farm and the required permits from other Town Boards:
Planning, (driveway) and Conservation Board (wetlands) are granted.
The evergreens should be planted immediately after construction of the Yameen property,
from the East comer of the lot 150 minimum feet along the rear lot. Voting in favor. William
Sullivan, Walter Soule, Raymond Vivenzio, Scott Karpinski, Ellen McIntyre..
page -2-
The petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
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
issuance of a building permit as requested by the Building Commission.
BOARD OF ,
c
�y
William J. Sullivan, Chairman
Walter F. Soule, acting Chairman
ttestdec/9
R E C i'
JOYCE EF;d,DSHA.W
"OoT
TOWN GLr RK.
o NORTH ANDOVER
MAR 17 1 o6 PR °98
,S$�CNUSES
TOWN OF NORTH ANDOVER
MASSACHUSETTS
The Board hereby amends its decision dated September 17,
1997, on Petition No. 013-97, recorded at the North District
Essex Registry of Deeds, Book 4865 , Page 276, and grants the
following relief, intended but not specifically set forth in said
earlier decision:
RELIEF PROVIDED FOR LOT A
ZONING DISTRICT: R-1
Item Required Relief Granted
Lot width 100 ' 49 '
WATERSHED PROTECTION DISTRICT
Item Zoning Relief Sought Zoning Relief Granted
Storm Water Proposed All relief necessary,
Discharge improvements located as per plan hereinafter
within 150 ' from described
Lake and 75 ' from
wetlands in
Conservation Zone
Change in Proposed All relief necessary,
Topography and improvements located as per plan hereinafter
Grade within 150 ' from described
Lake and 75 ' from
wetlands in
Conservation Zone
Vegetation Proposed All relief necessary,
Removal improvements located as per plan hereinafter
within 150 ' from described
Lake and 75 ' from
wetlands in
Conservation Zone
Location of Proposed house All relief necessary,
Proposed House on located within 150 ' as per plan hereinafter
Lot from wetlands in described
Non-Disturbance Zone
/ wpRTN
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REtj
J0YOE BRA-jW
• " = TOWN
•�.`- ;o-:;..<<S' NORTH ANDOVER
�SSAcwuse
MAR 17 1 a8 Ff 'bb
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
RELIEF PROVIDED FOR LOT B
WATERSHED PRpTFC'TION 12T5=1C'T
Item Zoning Relief sought Zoning Relief Granted
Storm Water Proposed All relief necessary,
Discharge improvements located as per plan hereinafter
within 150 ' from described
Lake in Conservation
Zone
Change in Proposed All relief necessary,
Topography and improvements located as per plan hereinafter
Grade within 150 ' from described
Lake in Conservation
Zone
Vegetation Proposed All relief necessary,
Removal improvements located as per plan hereinafter
within 150 ' from described
Lake in Conservation
Zone
Location of Proposed house All relief necessary,
Proposed House on located within 150 ' as per plan hereinafter
Lot from wetlands in described
Non-Disturbance Zone
meaning and intending hereby to grant, and hereby granting, all
the relief from the Zoning By-Law as is requested from the Board
of Appeals for the creation of Lots A and B, with the proposed
wood frame dwellings, driveway and such other improvements shown
thereon, as drawn on a certain "Plan of Land in North Andover,
Massachusetts, to accompany Board of Appeals Petition of Kenneth
Yameen, 1077 Osgood Street, North Andover, Massachusetts, Date :
February 3 , 1998 , scale 1"=401 , Merrimack Engineering Services,
66 Park Street, Andover, Massachusetts 01810 , " which plan has
been filed with the Board of Appeals . "
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Uaf f re smak PC
FEB 261998
M., Co. l.a#wy Said 300 Stmef,_Pm., M.018 12
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/ .,,A.— . C a��rny� 508-686-6151
5L. ,P.S.niM -7. 508-683-8188
J. /l-JJ. �''-�V���Q-- TFCAFF@AOL.COM
February 25, 1998
BY FACSIMILE AND FIRST CLASS MAIL
Mr. Walter S . Soule
Town .of North Andover,
Zoning Board of Appeals
146 Main Street
North Andover, Massachusetts 01845
Re : Yameen Property, Great Pond Road, North Andover, MA
ZBA Decision, No. 013-97
Dear Mr. Soule :
In response to a telephone request yesterday from Mary in
the zoning office, I suggest the Board' s Notice of Decision
above-noted be amended to include the data contained in the
attached relief statement . This statement can be easily
reproduced on the ZBA' s letterhead and made part of your amended
decision.
I believe that this amendment accurately corrects the record
to give the Petitioner the relief which the Board intended to
provide in its original decision, and in fact granted without
specificity.
Thank you for your assistance in this regard, and please let
me know if you have any questions .
Very truly yours,
Thdmas F. Caffrey
1
Encl .
FM-25-9a WED 11 : 25 AM LAW OFFICES 300 ESSEX ST FAX NO. 5086838188 F. 1/ 4
CAFFREY & SMITH, A C.
K, .
Thomas F Caffrey P.O. Box 1317
Maura F, Caffrey Smith 300 Essex Street, Lawrence, MA 01842
Matthew A. Caffrey 076/ 686-6151
Thornes F. Smith FAx!97$J S83-S 193
Fax Cover Sheet
Statement of Confidentiality
THE INFORMATION CONTAINED IN THIS FAX IS INTENDED FOR THE EXCLUSIVE USE O'F THE
ADDRESSEE AND MAY CONTAIN CONFIDENTIAL OR PRIVILEGED INFORMATION. IF YOU ARE NOT
THE INTENDED RECIPIENT, YOU ARE HEREBY !NOTIFIED THAT ANY FORM OF DISSEMINATION OF
THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS FAX WAS SENT TO YOU IN ERROR,
PLEASE NOTIFY US BY PHONE IMMEDIATELY.
To: Date: February 25, 1998
Name: Mary From: Thomas F. Caffrey
Company; Zoning Board of Appeals
City/State:
Fax Number: 688-9556
Business Telephone:
Message:
Letter and proposed decision amendment, as per your request.
We are sending a total of --4 -- pages, including this cover sheet.
Please call us at (978) 686-6151 If you experience any problems.
` 02/25/98 12:25 TX/RX NO.8059 P.001
FEB-25-98 WEI) 11 : 25 ABI LAW OFFICES 300 ESSEX ST FAX NO, 5086838188 P. 2/ 4
�l�amn1. C.'a��crf � t�0 Rax 1317
l�I'�ututs L<xP�F'c�,Srre.il� 300 L•..i:jcx&rcd,a&vranca, f rIa 018,42
508-683-818.4
TFCAFF@AOL.COM
February 25 , 1998
BY FACSIMILE AND FIRST CLASS MAIL
Mr. Walter S . Soule
Town of North Andover,
Zoning Board of Appeals
146 Main Street
North Andover, Massachusetts 01845
Re : Yameen Property, Great Bond Road, North Andover, MA
ZBA Deci 13-97
Dear Mr. Soule:
In response to a telephone request yesterday from Mary in
the zoning office, I suggest the Board' s Notice of Decision
above-noted be amended to include the data contained in the
attached relief statement . This statement can he easily
reprc>duced on the ZBA' s letterhead and made part of your amended
decision.
I believe that this amendment accurately corrects the record
t4 give the Petitioner the relief which the Board intended to
provide in its original decision, and in fact granted without-
specificity.
Thank you for your assistance in this regard, and please let
me know if you have any questions .
Very truly yours,
Thdmas F. Caffrey
Encl .
02/25/98 12:25 TX/RX N0.8059 P.002
FEE-25-,8 WED 11 ; 26 ASI LAW OFFICES 300 ESSEX ST FAX NO. 5086838188 F. 3/ 4
The Board hereby amends its decision dated September 17 ,
1997, on Petition No. 013-97, recorded at the North District
Essex Registry of Deeds, Book 4865, Page 276, and grants the
following relief, intended but not specifically set forth in said
earlier decision:
RELIEF PROVIDED FOR LOT A
ZONING DISTRICT: R-1. �l
Item Required Relief Granted
Lor width 100 ' 49 '
WATERSHEL EROTECTT0N DTSTRTCT
Item Zoning Relief Sought Zoning Relief Granted
Storm Water Proposed All relief necessary,
Discharge improvements located as pe�an-T1e-reinafter
within 250 ' from described
Lake and 75" from
wetlands in:
Conservation Zone
Change in Proposed All relief necessary,
Topography and improvements located as per plan hereinafter
Grade within 150 ' from described
Lake and 75 ' from
wetlands in
Conservation Zone
Vegetation Proposed All relief necessary,
Removal improvements located as per plaz7 hereinafter
within 150 ' from described
Lake and 75 ' from
wetlands in
Conservation Zone
Location of Proposed house All relief necessary,
Proposed House on located within 150 ' as per plan 'hereinafter
Lot from wetlands in described
Non-Disturbance Zone
02/25/98 12:25 TX/RX N0.8059 P.003
FEB-25-38 WED 11 : 26 AM LAW OFFICES 300 ESSEX ST FAX NO. 5086838188 F, 4i 4
t
RELIEF PROVIDED FOR LOT B
K&URSHED PROTECTION j)TSTRTCT
Item Zoning Relief Sought Zoning Relief Granted
Storm Water Proposed All relief necessary,
Discharge improvements located as per plan hereizaafter•
within 150 ' from described
Lake in Conservation
Zone
Change in Proposed All relief necessary,
Topography and improvements located as per plan hereinafter
Grade within 150 ' from described
Lake in Conservation
Zone
Vegetation Proposed All relief necessary,
Removal improvements located as per plan hereinafter
within 150 ' from described
Lake in Conservation
Zone
Location of ' Proposed house All relief necessary,
Proposed House on located within 150 ' as per plan hereinafter
Lot from wetlands in described
Non-Disturbance Zone
meaning and intending hereby to grant, and hereby granting, all
the relief from the zoning By-Law as is requested from the Board
of Appeals for the creation of Lots A and B, with the proposed
wood fxam.e dwellings, driveway and such other improvements shown
thereon, as drawn on a certain "Pian of band in North Andover,
Massachusetts, to accompany Board of Appeals Petition of Kenneth
Yameen, 1077 Osgood Street, North Andover, Massachusetts, Date :
February 3 , 1998 , scale 111=401 , Merrimack Engineering Services,
55 Park Street , Andover, Massachusetts 01810, " which plan has
been filed with the Board of Appeals . "
- 2 -
02/25/98 12:25 TX/RX NO.8059 P.004
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FEB 1 019M
CallreV Smith,
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actio acl'miltec�irt ILA CITU-- TFCAFF@AOL.COM
February 9, 1998
BY HAND
Walter Soule, Member
North Andover Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
Re : North Andover Zoning Board of Appeals, Yameen Decision
dated September 17, 1997 , Petitions #013-97
Dear Mr. Soule :
This letter follows up our conference of December 19, 1997, at
Bill Scott ' s office at which you, William J. Sullivan, Kathleen
Colwell, Bill Scott, Ken Yameen, myself and my son, Matt, were
present .
At that meeting it was agreed that all necessary zoning relief
had been obtained from your Board. Further, we agreed that Mr.
Yameen would revise the plan previously signed by your Board, so as
to reflect the Watershed Protection District requirements in
general, and other information Ms . Colwell suggested be shown on
the revised plan..
The new plan is delivered herewith for signature by the Board.
Mr. Les Godin, at Merrimack Engineering, went over the plan with
Ms . Colwell before delivering it to me. According to my notes from
our December 19th conference, it was agreed an amended decision
would be prepared for our client, to satisfy Ms . Colwell that the
original decision as recorded did in fact include all variances
necessary from you Board. Your records reflect the fact we had
filed a separate plan originally that incorporated all watershed
data necessary for your decision; this new plan integrates all the
necessary data on a single plan.
R •• w
t `
I.CL��NNC[d. �JLILL�K��lam.
Walter Soule, Member
February 9, 1998
Page -2-
After you have had a chance to review this plan and our
request for the amended decision, please feel free to contact me to
move this matter along. Thank you for your assistance .
Very NF. affrey
urs,
Thoma
TFC:pg
Enclosures
cc : Mr. Kenneth W. Yameen
6 t
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tattreV Smith, P.C,.
_7L..7 Callray P.O. 2.o 1317
/4/a.e. l.allmy SinA 300 emax Slree1,—awrence, M.01842
/N/alll..-4. Callr.V 978-686-6151
Jl..,P S .A -7. 978-683-8188
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November 24 , 1997
William J. Sullivan, Chairman
Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
Re : Yameen Decision, September 17, 1997 , Great Pond Road
Dear Mr. Sullivan:
The purpose of this letter is to request clarification, in
whatever written form you deem appropriate, concerning certain
aspects of the above-noted decision (see copy enclosed) .
Our clients, the Yameens, having received your Board' s
decision and the Conservation Commission' s Order of Conditions
(copy enclosed) , are about to file petitions with the Planning
Board, for various forms of relief still needed for this project .
In a preliminary conversation with the Town' s Planner, Kathleen
Bradley Colwell, we were asked to clarify the fact that the Zoning
Board of Appeals decision covered not merely the dimensional relief
sought (frontage, area, and CBA) , but also covered the activities
in the Conservation, No-Disturbance, and Non-Discharge zones of the
Town' s Watershed Protection District, as reflected by the plan
filed with our Zoning Board of Appeals petitions (copy enclosed) .
I am sure you and the Board will recall that at our first
hearing, July 8, 1997, it was agreed to continue the hearing, so
that the Petitioners could file for the additional relief needed,
beyond the dimensional issues, under the provisions of Section 4 ,
Paragraph 4 . 136 of the Watershed Protection District . I remember
you advising us to seek at a single hearing all the relief that
would be needed from your Board.
We, of course, took the Board' s advice and filed a second
petition for relief from the normal requirements imposed in the
Watershed Protection District . Notice of the second Petition was
advertised and sent to all abuttors . Copies of both legal
advertisements are enclosed with this letter. The case was
continued to September 9th and both matters, the dimensional relief
William J. Sullivan, Chairman
November 24 , 1997
Page -2-
and the Watershed relief, were heard together. In addition, we
amended our plan to show the screen of plantings the Board had
requested.
Following an extensive hearing on September 9, 1997, including
comments by various neighbors, the Board voted unanimously to grant
the relief we sought by both petitions .
Based on the foregoing, we respectfully request written
clarification that all relief required from the Zoning Board of
Appeals, both as to dimensional and Watershed Protection District
issues, as shown on the Plan filed with the Board, was granted on
September 17, 1997 and is contained in the Board' s decision as
recorded.
Very truly yours,
IL
Thomas F. Caffrey
TFC:pg
Enclosures
CC: K. Yameen
Kathleen B. Colwell
r C-1
O
f r10RTly 1
• t ^ i
Ar-At
SSACMUSE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
December 10, 1997
Attorney Thomas F. Caffrey
P.O. Box 1317
300 Essex Street
Lawrence, MA 01842
Attention: Atty. Caffrey
Regarding: Yameen decision petition 013-97, September 17, 1997. Your letter of November
24, 1997.
The Above reference letter requested clarification concerning certain aspects of the Zoning
Board of Appeals decision of petition 013-97.
The initial petition requesting relief for frontage, area and "CBA"was addressed in the
decision. "NO" decision was rendered in regard to dimensional variances that are required
in the Watershed District per Section 4, Paragraph 4.136 of the North Andover Zoning Bylaw.
The Special Permit granting authority for the Watershed District is the North Andover Planning
Board, per Section 4, Paragraph 4.136, Sub-Paragraph "T', item "D".
The Legal Notice for a variance of Section 4, Paragraph 4.136, as advertised, August 26th and
September 2nd, was not addressed at the September 9, 1997 Zoning Board of Appeals
meeting, as it was improper to be on the agenda at that time and it was understood, by the
Chairman that Counsel was aware of this Planning Board issue.
Chapter 40A of Mass General Laws, Section 10 on variances, does not allow granting of
variances unless the permit granting authority specifically finds that all conditions have been
met. The Planning Board, as of this date, have not addressed the issues involved with the
Watershed District conditions.
At the Zoning Board of Appeals meeting of July 8, 1997, apparently confusion was introduced
in regards to hearing all petitions at the same time. It was not the intent to change the proper
procedure necessary to receive the Special Permits and variances. I am truly sorry if I added
to this confusion, it was never intended. No evidence was given at the September 9th meeting
1
for relief of the Watershed District requirement and Board members did not pursue the
petitioner's agent for information of this issue. Again, this emphasized that Counsel was
aware of this Planning Board item. These meetings were deeply dedicated to finding relief, for
your client, on the lot area and "CBA" issues. The Board members did request your client
rework the lots, as shown on drawings for a more closer conformance to the bylaw, at the July
8th meeting. This rework and new drawings required Counsel to request a continuance by
letter at the August meeting. It was at this time (August) the Legal Notice for Watershed
District relief was introduced out of the proper order(Planning Board first).
Please be advised that your client must petition the Zoning Board of Appeals, for dimensional
relief, after the North Andover Planning Board have developed the conditions as required for
the Watershed District, Section 4, Paragraph 4.136 of our Zoning Bylaws.
Sincerely,
LA - / �]L
William J1 Sullivan
Chairma , Zoning Board of Appeals
cc: Kathleen Bradley Colwell w/enclosure
Robert Nicetta w/enclosure
file
ml/caffrey
2
i
SECTION 10. Variances
The permit granting authority shall have the power
after public hearing for which notice has been
given by publication and posting as provided in
section eleven and by mailing to all parties in
interest to grant upon appeal or upon petition
with respect to particular land or structures a
variance from the teras of the applicable zoning .
i ordinance or by-law uhare such permit gig
authority specifically finds that owing tr
relating to the soil gMditiQs,
shape, or topography of such land or st•ru=1 es
and eG�lly affectisux such land or str,c-t>iryA
Variance Cannot be Granted but not affec_-t- W g,sr,erally i¢r,-;cr
Uhless Pe=: t Granting utich it is located, a literal eanforoement of the
AuthoritySpecifically �siens of the ordinance or by- would 4---_
Finds that All Conditions involve substantial hardship, fittanciaT'-or
have been Met oiise, to tai pstit3Aner or appellant, and
that desirable relief may be granted without
s»harpm;A t detriment to the public c good and
without nul l i fy i' or substantially pgat
from the intent or purpose of such ordinance or
i by-law. Except where local ordinances or by-laws
�- Use Variance Inst be shall expressly permit variances for use, no �--
Z pressly Authorized in variance may authorize a use or activity not
�- Ordinance or Hy-Um otherwise permitted in the district in which the
land or ire is located; provided however,
that such variances properly granted prior to
January first, nineteen hundred and seventy--six
but limited in time, may be extended on the same
terns and conditions that were in effect for such
variance upon said effective date.
e
Variance Cannot be Zhe permit granting authority may
Omlditioned on conditions, safeguards and limitations both of
Omtizu ed Ownership time and of use, including the caaatimled existence
of any particular structures but excluding any
condition, safeguards or limitation based upon the
continued c-mership of the land or strictures to
whish t`ise variance pertains by the applicant,
i petitioner or any owner.
Rights Authorized by If the rights authorized by a variance are not
Variance Dust be Exercised exercised within one year of the date of grant of
' thin 1 Year such variance such rights shall lapse;
provided
however, that the
Peanit granting autharIty in its
discretion and upon written, application by the
grantee of such rights may extend the time for
�- exercise of such rights for a period not to emceed
six months; and provided, further, that the
1 Ectimsions application for such extension is filed with such
permit granting authority prior to the expiratioan
10 - 1
1
VARIAN= SPDCIAL PERMIT
tinition: In general, an authorizati Definition: An authorization by i
to use land, buildings or structures in municipality to use land, buildings or
manner that is otherwise prohibited by structures for a specific use which is
zoning ordinance or bylaw. Under• the expressly permitted-by special permit and
present Chapter 40A, a distinction is which is subject to rnri dPl;nes as provided
made between "dimensional variances" within the zoning ordinance or bylaw.
which are statutory authorizations to vary
such requirements as area, frontage,
width, yard or depth; and "use variances"
which are municipal authorizations to
f vary use requirements for categories of
use such as residential, commercial or
industrial.
i
Purpose: Designed to be an escape hatch Purpose: Designed as a flexible tool for
when the literal terms of a zoning permitting certain uses that are subject to
ordinance or bylaw unnecessarily cause specific or general conditions provided in
hardship. A variance acccuundates the zoning ordinance or bylaw. A special
individual cases that are unique under permit a dissimilar uses of land,
statutory standards. A variance also buildings or structures under conditions ,
prevents confiscation of property without that soften the adverse effect on other uses
payment by permitting a person to make in a district, and permits-a person to make
beneficial use of his land, building use of any land, building or structure if
or structure. such ube is in harmony with the intent,and
purpose of the zoning ordinance or. bylaw. ,
:latter to Zoning Regulations: Relation to Zoning Regulations: Authorizes
At a min=mi, authorizes variations from those uses which are specified in the zoning
dimensional regulations of a zoning ordinance or bylaw as uses permitted only-
ordinance or bylaw for such requirements upon the issuance of a special permit if
as bulk and height of structures, yard certain conditions are met. If. a.use is
sizes, lot areas, setbacks, lot coverage "prohibited" by the zoning ordinance or
and open space requirements. Also bylaw, or is not listed as "permitted" or
authorizes uses of land or structures or "permitted bv a special permit",, a special
activities which are prohibited by the permit MAY NICT be issued to authorize the
zoning ordinance or bylaw, but only if use. To ou, ly with Chapter 40A, M.G.L. a
the zoning ordinance or bylaw expressly zoning ordinance or bylaw which permits the
permits "use variances". Any use not following uses mist specifically do so by
li d in a zoning ordinance or bylaw special permit:
as "permitted" or as "permitted by a .Cluster Development
special permit" is prohibited. (See .Planned Unit Development
Building Inspector of Chelmsford v. .Authorization to increase densities or
William Belleville 342 Mass. 216, intensity of a use
.Authorization of a multi-family residential
use in non-residentially zoned.areas.
Chapter 40A also.requires that a zoning
ordinance or bylaw provide .for a special
permit for accessory uses to activities
permitted as a matter of right in cannectian
with scientific development research or
related production,•whether or not the
accessory use is on the sante parcel as.
principal use, if the statutoiy finding is
made. Also, any extension, alteration or
2
77
-s -
NORTH
3+04 tt``D ,6 6 6
O A
�9SSACNUS*-'
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Stevens Memorial Library located at
345 Main Street North Andover MA. on Tuesday the 8th
day of July 1997 at 7 : 30 o' clock P.M. to all parties
interested in the appeal of Thomas Yameen of 1401 Great Pond
Rd North Andover requesting a Variance from the
requirements of Section 7 paragraph 1 & 2 in a R-1
district of the Zoning Bylaw.
Said premise is vacant land located on the northerly side
of Great Pond Road which is the R-1 Zoning District for the
purpose of obtaining relief as to frontage, lot area and CBA
requirements. Plans are available for review at the Office
of Community Development & Services, Town Hall Annex, 146
Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish North Andover Citizen 6. 18 . 97 & 6. 25. 97
North Andover Citizen.6/25/v/
1401 Great Pond Road
LEGAL NOTICE
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
Notice is hereby given that the Board of Ap-
peals will hold a public hearing at the Stevens
Memorial Library located at 345 Main Street,
North Andover,MA on Tuesday,the 8th day of
July 1997 at 7:30 o'clock P.M.to all parties in-
terested in the appeal of Thomas Yameen of
1401 Great Pond Road, North Andover re-
questing a Variance from the requirements of
Section 7,Paragraph 1 &2 in an R-1 district of
the Zoning Bylaw.
Said premises is vacant land located on the
northerly side of Great Pond Road which is the
R-1 Zoning District for the purpose of obtaining
relief as to frontage,lot area and CBA require-
ments.Plans are available for review at the Of-
fice of Community Development & Services,
Town Hall Annex,146 Main Street.
By the Order of the Board of Appeals
William J.Sullivan,Chairman
North Andover Citizen,6/18&6/25/97
ocN'�"H�ti REC�1V�yG
L
L
;/3:,��°1M01�'•; � DANS EE.RK
ON4 t:
APRILM
be { tie � s, teas .'• TN
-4CHuslf 1� 11 Qf�1 JU
0{ tre TOWN OF NORTH ANDOVER
0{ MASSACHUSETTS
tre
`G�eCK• BOARD OF APPEALS
NOTICE OF DECISION
Morgan Associates, Ltd.
4 Longfellow Place Date September 13, 1990
Suite 3602
Boston MA 02114 Petition No.. . . . .M-90
August 14, 1990
Date of Hearing. . .September,ll,. 1990
Petition of . . . . . .Rita Gonsalves
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . .North, side .of. Gr.eat .Rand. .Road. . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of thu .S e c t ion .4.13 5. .
Paragraph 7C and a Special Permit from the requirements of Section 4.135,
. . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 5C111 of the Zoning Bylaw
so as to permit
ton's'trtittibh 'of singl'e'sfamily' 'dwdllin'g- within- 25'0" 'ofhigh 'water' '
mark.of. Lake .Cochichewick. and .within .100'. . horizontally. .of .vegi.tated.we.tl.and .area..
After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . . . . . .
ALLOW THE PETITIONER TO WITHDRAW WI ( F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �� RSc@cJ�x33f� $x�A� f3xi81@�t6t
x $c*&xx . . . . . . . . . : . . . . . . . . . .
. . . . . . . . . . . . .-. . . . . . . . .
Signed
. . . . . . . . .Frank Serio,. J.r.,x .Chairman. . . . .
. . . . . . . . _Raymond .Yivenz.io . . . .•
Anna O'Connor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Louis Rissin
. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Z'ocard of A.ppeck;
-' `''
J�A PIN
F'•.l�y �n•.�r^',' .�. '/.�,,,� f�O;1Ce +;°.off .,:o';:��F SE,1
r; \rl OW11. AcHus
7s
In t\A`' TOWN OF NORTH ANDOVER
Clerk' MASSACHUSETTS
BOARD OF APPEALS
Morgan Associates,Ltd.* Petition: #119-90
4 Longfellow Place
Suite 3602 * DECISION
The Board of Appeals held a public hearing on August 14, 1990 and September 11,
1990 upon the application of Rita Gonsalvas requesting a variation from the
requirements of Section 4.135, Paragraph 7C and. a Special Permit from the require-
ments of Section 4.135, Paragraph 5C111 of the Zoning Bylaw so as to permit con-
struction of a single-family dwelling within 250' of high water mark of Lake
Cochichewick and within 100' horizontally of vegitated wetland area on the premises
located on the North side of Great Pond Road. The following members were present
and voting: Frank Serio, Jr. , Chairman, Raymond Vivenzio, Anna O'Connor and
Louis Rissin.
The hearing was advertised 'in the North Andover Citizen on July 25, 1990 and
August 1, 1990 and all abutters were notified by regular mail.
Since this hearing was under advisement, a motion was made by Mr. Vivenzio and
seconded by Ms. O'Connor to reopen the hearing, the vote was unanimous. Upon
a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted,
unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE.
The Board finds that the petitioner needs to get a more informative set of
plans to show to them, and more imput from the other Town Boards involved in
this project.
Dated this 13th day of September, 1990.
BOARD OF APPEALS
Prankerio, Jr. .
Chairman
/awt
bA
IREo� cIV Er)
%3°� � DANIEL IOyG
r \ed 'APR � TO`t, C��iO`�`R
e {� � •� tass �• ' NORTH
0
ce ►:ssACH135 cp
C.� ` ►► trrt14 SLI '1
\ ,15 41r
o{o tre TOWN OF NORTH ANDOVER
da`2 o G�{•`ce. MASSACHUSETTS
tre
.r
G�er�c• BOARD OF APPEALS
NOTICE OF DECISION
Morgan Associates, Ltd.
4 Longfellow Place Date . September 13, 1990
Suite 3602
Boston MA 02114 Petition No.. . . . .119-90
. . . . . . . . . . . . . . .
August 14, 1990
Date of Hearing. . .September,ll,. 1990
Petition of Rita Gonsalves , .
Premises affected . . . . . .North. side .Q f. QTe.at .pond. .Road. . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of#ho .Secti.on .4.135. .
Paragraph 7C and a Special Permit from the requirements of Section 4.135,
. . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 5C111 of the Zoning Bylaw
BO 98 t0 permit
construction 'of single=family 'dwellin'g' within' 25'0" -6fhigh 'water'
mark.of. Lake .Cochichewick. and .within .100: .horizontally. .of .vegi.tated.we land .area..
After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . . . . . . tbW
ALLOW THE PETITIONER TO WITHDRAW WI%T&W, &� �x�3d4ldtgc�#l�QAx38fdDt6tc
X kAQxx . . . . . . . . . . . . . . . . . . . .
Signed
. . . . . . . .Frank. .Serio,. Jr.,, .Chairman. , .
Raymond Nivenz.�o . . . ... . . . . . . . . . .
Anna O'Connor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Louis Rissin
. . . . . . . . . . . . . . . . . . ... . . . . ... . . . . . . . . . . . .
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
13oard of Appeals
of ,ti t o�►,i �,���R
} m
ACHU
TOWN OF NORTH ANDOVER
C�erK' MASSACHUSETTS
BOARD OF APPEALS
Morgan Associates,Ltd.** Petition: #119-90
4 Longfellow Place
Suite 3602 * DECISION
The Board of Appeals held a public hearing on August 14, 1990 and September 11,
1990 upon the application of Rita Gonsalvas requesting a variation from the
requirements of Section 4.135, Paragraph 7C and a Special Permit from the require-
ments of Section 4.135, Paragraph 5C111 of the Zoning Bylaw so as to permit con-
struction of a single-family dwelling within 250' of high water mark of Lake
Cochichewick and within 100' horizontally of vegitated wetland area on the premises
located on the North side of Great Pond Road. The following members were present
and voting: Frank Serio, Jr. , Chairman, Raymond Vivenzio, Anna O'Connor and
Louis Rissin.
The hearing was advertised 'in the North Andover Citizen on July 25, 1990 and
August 1, 1990 and all abutters were notified by regular mail.
Since this hearing was under advisement, a motion was made by Mr. Vivenzio and
seconded by Ms. O'Connor to reopen the hearing, the vote was unanimous. Upon
a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted,
unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE.
The Board finds that the petitioner needs to get a more informative set of
plans to show to them, and more imput from the other Town Boards involved in
this project.
Dated this 13th day of September, 1990.
BOARD OF APPEALS
Prankerio, Jr.
Chairman
/awt
1�
r ' O
t • • O
O L
� D
`h
�yss�C'Hust�4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
September 11, 1997
Zoning Board of Appeals
North Andover Town Hall
146 Main St. (Annex)
North Andover, MA 01845
Kopelman & Paige
Attorney Joel Bard
31 Saint James Ave.
Boston, MA 02116
Attention Attorney Joel Bard:
The Zoning Board of Appeals had a petition '027-97*
for Tara Leigh
Development Corp. , (Thomas Zahoruiko) its September 9th agenda
which was for relief from the requirements of Section 4 . 2 paragraph
1 of the Phase 'Development bylaw and as a party aggrieved for
denial of the 7th and 8th building permits, in the calendar year
1997, by the Building Department.
The North Andover bylaw has two sections that controls the rate of
permits issued, passed by town meeting vote at two different annual
town meetings.
1. Section 4 . 2 (a calendar year restriction)
2 . Section 8 . 7 (a fiscal year restriction)
A letter from Community Development Director, William Scott., dated
August 8, 1997 was submitted as evidence, explaining that the two
sections were currently in effect and both applicable to this sub
division. A letter from the Selectmen, John R. Leeman, Jr. , dated
September 9, 1997 said that the Board of Selectmen sponsors of Town
Meeting Article Section 8. 7, was intended not to have Section 4 . 2
and Section 8. 7 conflict, and suggested that Section 8.7 should
control.
The Zoning Board of Appeals majority opinion is the conflict should
be resolved at Annual Town Meeting.
continued letter to Attorney Bard -
page -2-
The petition 027-97 was voted to be continued on September 9, 1997
pending legal advice from Town Counsel on this conflict.
Would you please notify our board, in writing as soon as you can so
we may complete the issue on or before our October 14, 1997
meeting. `
Thank you,
Com,
William J. Sullivan, Chairman
faxed letter to Atty. Bard on 9/11/97
Enclosures: J. Leeman letter
W. Scott letter
R. Nicetta denial
mel/councel
- TOWN OF NORTH ANDOVER
OFFICE OF
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
John R. Leeman,Jr.,Chairman
David M. Torrisi, Clerk of the Board °"i ,ti Telephone(978)688-9510
William B. Duffy, Jr. or �� FAX (978)688-9556
Kevin 1'. Foley `
• :�r�
Donald B. Stewart
,SSn1C M�15E1
September 9, 1997
Mr. William Sullivan, Chairman
North Andover Zoning Board of Appeals
North Andover, MA. 01845
Dear Mr. Sullivan:
It has come to the attention of the Board of Selectmen that you have received an appeal from a
decision of the Building Commissioner from Mr. Thomas Zahouriko. As we understand it, Mr.Zahouriko
has been denied a building permit(s) under the coning by-law by virtue of an interpretation of the Zoning
By-law Nvltich in essence applies the requirements of both the Growth Management By-law adopted by the
Annual Town Meeting in 1996 and the older Phased Development By-law.
The Board of Selectmen, which was the sponsor and proponent of the by-law,never intended that
both by-laws would apply to a single subdivision. The Board expected that the new by-law would apply to
all new subdivision lots created after July 1, 1996 and that the sole Purpose for leaving the Phased
Development By-law on the books was to continue to have some control over so-called grandfathered lots
created prior to July 1, 1996. We note that prior to sponsorship of the new Growth Management Bylaw by
the Board of Selectmen, the older Phased Development Bylaw was not enforced and was routinely waived
by the Town. To now apply two conflicting sets of rules and development schedules from two very
different by-laws creates confusion, is unfair and not the intent of the town meeting, which enacted the by-
law.
We recommend that the Board of Appeals review the facts in Mr. Zahouriko's appeal and, if you
determine that the lots for which building permits are sought were in fact created after July 1, 1996,rule
Mr. William Sullivan, Chairman
Zoning Board ol'Appeals
September 9, 1997
Paiie?.
that only the provisions of Growth Managem7aof
ly. If we can provide any
further information or clarification please let
,Chairman
rd of Selectmen
CC: D. Robert Nicetta,Zoning Envorcement Officer
William Scott, Director,Community Development& Services
Attorney Joel Bard
Thomas Zahouriko
Planning Board
RJH:map
f: Town of North Andover - „oRT„
�. ",.� ' :• _ OFFICE OF :, of 1 c
°COMMUNITY DEVELOPMENT AND SERVICES p
30 School Street ` ' > " •
w WILLIAM J.SCOTT North Andover,Massachusetts 01845 ��s.,.,"::"�h
$ACMUSt
Director
August 8, 1997
AW -
Mr.Thomas D.Zahoruiko, Pres. �,
z
Tara Leigh Development Corp. I
' 185 Hick Hill Road G
r!
North
Nath Andover, MA 01845
Dew Mr.Zahorulko: !
This interpretation is provided as a matter of providing clarity to the Planning Board discussion
and your letter of July 3,1997. As such, the response is from tip a Planning Office. If the below•
response does not meet your understanding and you wish further remedy thenyou need to
request a ruling from the`Building Commissioner. This ruling then can be appealed at the Zoning
Board of Appeals level.
-, Thea*Is no reference in the ordinance to the prohibition of"FomW sign-off as related to either
.; ordinance section 4.2 or 8.7. Further, the subdivisiondecision does not require that a Form-LI be
heldto prevent construction and enforce either Growth By-Law. The Phased:Growth'By-Law 4.2
and Growth Management By-Law 8.7 are enforced at the building permit stage. Neither of the
` ,_•t, ,, by-laws are a prohibition on the creation of lots. The by-laws limit the issuance of building
permits.Therefore,the Form-u can be signed for all lots. However such signature does not
t '
constitute approval of a building permit.
III reference to the use of.the Growth Management By-Law "speditcally and QxdusWy
_ "controlling the phasing, reference should be made to the subdivision decision for Settler's Ridge
as follows in item 3a page 2:" The applicant must comply with the Phased Development By-Law
and the Growth Management By-Law." This seems to clearly indicate as a function of the
z: subdivision approval that both apply.
g .? in reference to your written statement: 61 do not believe that the Phased Growth By-Law applies
f
In this case since our project was submitted-arid approved after the Judy 1, 1996 C&-off date for
appkabW of the Growth Management Bylaw."The actual purpose of the July 1, 1996 date is to
' establish the date of the restrictions for those properties that are required to meet the ordinance
(section 8.7). The date does not create an exclusivity which limits those who must meet section
- 4. 8.7 to only that by-law section. The fact that you are required to meet section 8.7 and that there Is a date which indicates when•the restrictions a
Ppty does not provide a waiver or release from
'. .'` section 4.2.
u•.
It is my understanding that the in
terpretatlori of the Planning Board is that both
by-laws apply and
i that the scheduling requitement of 4.2 applies as related to the anniversary date.As Cited from
is section 4.2 page 60 item;5 :"The anniversary date of each subdivision or contlguousForm A lots
-..
under this provision shall be no earlier than the date on which all required approvals for a building
permit have been obtained (e. Planr9n9 Board aP
prnval of Definitive Plan, Boatel of Health
approval. Conservation Commission approval, etc.) ".
r
* Mr;Thomas D.Zahoruiko :
August 6, 1997
Page 2 '
$eetion 8.7 requires that the number of building permits for new dwelling units be limited per
"year"(table at the top of page 119). "Year" is defined as:."... the period'beginning July 1 and
ending JuneM."(item d.v. page 117). Therefore, 8.7 is pursuant to a fiscal year.
The word : "per annum"(see 4.2 item 1 line 4) is defined as"per the year annually'in the
American Heritage Dictionary. Section 4.2 is not as clear on the definition of when the annual
period begins, except for a separate reference to an "anniversary date". -In 8.7 a specific
definition of'year" is provided. In 4.2 a reference to anniversary date(item 5 page 60) is
provided. Therefore,while annually is not directly linked to anniversary date the assumption is
that the"per annum" begins on the anniversary date.
Therefore, if 4.2 states the anniversary date applies and 8.7 states the fiscal year applies then
which is the overriding by-law section. Clearly a conflict exists by the nature of having two
distinct and separate periods under which the issuance of building permits is managed.
As per the table, in item 1, on page 60, fifty percent of the lots can be developed per year.
l Therefore, six lots can be developedbetween Jan'ua -1
ry(your anniversary date)of 1997 and
January of 1998. However, the Growth control by-law indicates that the"Year" is July 1 to June
30 and restricts the number of building permits"per year"(page 119 table)to six.
The least restrictive interpretation would follow section 8.7 which would mean that your
development Is entitled to six permits from January to July 1 and another five(for.your 11 total)
after July 1. If this interpretation was implemented then it would violate the terms of section 4.2
" and allow your second set of permits to occur prior to the anniversary date. The fact that an
annual anniversary date is used in section 4.2 ensures the conformance to section 8.7 by
F restrictirfg building permits to a similar amount in one year.. Regardless of that anniversary date,
the use of section 4.2 alone does not create a violation of section 8.7, while the use of section
8.7 alone could create a violation for section 4.2. '
,$r Therefore, to insure that the ordinance creates the least amount of conflict the use of section 4.2
should override section 8.7 in establishing the beginning point (or anniversary date) from which
the annual restrictions on building permits begin:
If you have any questions plea ntact me.
Sincerely,
iNiam J. Scott
cc: Plan ng Board w/Enclosure
�u Bui ding Commissioner w/Enclosure
ttORTH
Town Of North Andover 0 °p Plan
Building Department Review
�q tet-t
.508-688-9545 c►+O5�`�y
146 Main St. Town Hall Annex
APPLICANT-401 "-'6ff DATE:
Zoning District : Use Code
Title of Plans and Documents• �iA�;� �--�
Request: (Ea J'1? l'-t--
Please be advised that after review of your building permit and or zoning review has been
DENIED for the following reasons:
Zoning
_
Use not allowed_in District. - _ Not in conformance with Phased Development
Violation of Height Limitations Sign exceeds requirements
Violation of Setback Front Side Rear Insufficient Lot Area M,
Insufficient Parking Violation Contiguous Building Area
Insufficient Open Space Insufficient Lot Frontage
Si n requires permits prior to Building Permit Form U not complete by other departments
Not in conformance with Growth By-Law Use requires permits prior to Building Permit -
Other Other
Remed for the above is checked below.
Dimensional Sign Variance Special Permit for Watershed Review
Special Permit for Site Plan Review Special Permit for si n
Complete Form U sign-offs Copy of Recorded Variance
Information indicating Non-conforming status Copy of Recorded Special Permit
Variance for Sin Other
Plan RevieW The plans and documentation submitted have the following inadequacies:
1.Information Is not provided,2.Requires additional information,3.Information requires more clarification,
4. Information is incorrect. 5.All of the above.
Foundation Plan Plumbing Plans -
Subsurface investigation Certified Plot Plan with proposed structure
Construction Plans 127 Affidavit
Mechanical'Plans and'or details - Plans Stamped by proper discipline
Electrical Plans and or details Framing Plan
Fire Sprinkler and Alarm Plan Roofing
Footing Plan Plans to scale
Utilities Site Plan
Water Supply Sewage Disposal
Waste Disposal Other
ADA and or AAB requirements Other
Administration
The documentation submitted has the following inadequacies :
1.Information Is not provided,2.Requires additional information,3.Information requires more clarification,
4. Information is incorrect. 5.All of the above.
Water Fee State Builders License
Sewer Fee Workman's Compensation
Building Permit Fee Homeowners Improvement Registration
Building Permit Application Homeowners Exemption Form
Other Other
The above review and attached exp1mation of such is based on the plans and information submitted. No definitive review_and
or advice,by the Building Department,shall be based on verbal explanations by the applicant nor shall such verbal
explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL.Any inaccuracies,
misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this
review to be voided at the d' Ion of the Building Depadmerit. The attached document titled"Plan Review Narrative"shall be
attached hereto and in at herein by reference. The-building department will retain all plans and documentation for the
above file.You 11 s ile a Iding permit application form and or 7//"/
for plan review to receive ppr
�7 � /� 9.7
Bu' _
mg ep ment cial Signature Inform tion Received Denied
If Faxed
Denial Sent
If you require assistance please call the above number and we will be able to guide toward meeting the necessary
requirements. Please understand that many of the reason for denial are related to the code requirements that must be met to
ensure public safety.Requirements for detailed plans ar--necessary to ensure that there is enough information through plans
and specifications to show that code requirements will be met.
1-5
SEP 8 1997
Caffrey SnzA, P.C.
cc77/ cc�� 30APD OF APPEALS
✓linmae�t. �"°� P.O. 12., 1317
300 6,.Shvd,oCa.. M�e , /�/a 01842
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J�omaa
P. Sax 508-683-8188
.aJ.-ttedinVJJ G-/I/a1C-- TFCAFF@AOL.COM
September 5, 1997
William J. Sullivan
Town of North Andover,
Zoning Board of Appeals
146 Main Street
North Andover, Massachusetts 01845
Re : Yameen Property, Great Pond Road, North Andover, MA
Dear Chairman Sullivan:
Enclosed please find ten (10) copies of a letter dated
September 2, 1997, and resume from the Yameen' s consultant,
Robert Prokop. These documents were inadvertently omitted from
our recent legal memorandum dated September 2, 1997, regarding
the Gonsalves zoning case, and should be inserted as Exhibit 1
thereto.
Thank you for your attention to this matter.
Very truly ours,
Thomas F. Caffrey
Encls.
WETLAND CONSULTING SERVICES
S °
15 Bisson Lane,Merrimac,MA 01860 Phone/Fax(508)346-9857 8 1997 f
September 2, 1997
WCS Job#Yame-1
William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
RE: Yameen Property, Great Pond Road, North Andover, MA
Dear Mr. Sullivan:
Wetland Consulting Services is providing this documentation on behalf of Ken Yameen et al.,
1077 Osgood Street, North Andover, MA. This report attempts to describe the efforts taken to
protect the water quality of Lake Cochichewick as we plan for subdividing his parcel located off
Great Pond Road (see locus map Figure 1).
PROPOSED PROJECT
The proposed project would subdivide an existing undeveloped and mostly forested 4.06 acre
parcel into two lots: Lot A (2.27 ac) and Lot B (1.79 ac). Both lots would front on Great Pond
Road (Rte 133) with 150' of frontage each (see plan prepared by Merrimack Engineering and
dated August 5, 1997). Since the parcel is located near of Lake Cochichewick, both lots would
exist within the North Andover Watershed Protection District.
Single family houses would be constructed on each lot. A single common driveway would
service both lots. This will require the filling of 540 s.f. of wetland. A 12" rcp will be installed
beneath the driveway to maintain waterflow to the wetland. The wetland impact will be
mitigated by constructing 1,100 s.f. of compensatory wetland which is twice the amount of
wetland proposed for impact. The town requires that all wetland impacts be mitigated at the rate
of 2:1.
Each house would be serviced with sewer by extending the existing line from the pump station
located off Rte 133 by the Butcher Boy development. It is my understanding that when this
development was originally planned, the pump station was designed to service Mr. Yameen's
parcel and other house lots on Great Pond Road.
A Notice of Intent was filed with the North Andover Conservation Commission on August 22,
1997 seeking approval to impact wetlands for the construction of a driveway and two single
family houses. A public hearing is scheduled with the Commission on September 3 1997. The
location, boundary and description of wetland resource areas present on the property were
presented to the Commission in a Request for Determination of Applicability filed on January
24, 1997. While a positive determination was issued by the Commission on February 20, 1997,
the Commission accepted the wetland delineation in a plan prepared by Merrimack Engineering
and dated February 19, 1997.
COMPLIANCE WITH THE WATERSHED PROTECTION DISTRICT (WPD)
The North Andover Zoning By-laws allows for single :family house lot development within the
Watershed Protection District upon approval of a Special Permit and a variance. To satisfy the
Water Quality Protection
Yameen property
Great Pond Road,North Andover
page 2
requirements for a Special Permit, lot development is restricted to the minimum necessary to
construct two single family homes. Key to development in this area is to leave as much land as
possible undisturbed. Minimal land disturbance will help to maintain the filtration functions of
the land and prevent erosion during construction. The following Best Management Practices
(BMP's) were considered in the construction and placement of the houses and driveway.
Driveway
The driveway represents the largest intrusion into the WPD. No other access exists to the
property other than from Great Pond Road since either existing single family housing or more
extensive wetlands surround the parcel. Consequently, it was decided from the start that a single
common driveway would be proposed to service both house lots. Since access to the lots cannot
be accomplished without crossing wetlands, a common driveway for the two lots would
minimize the wetland impact. Furthermore, the driveway is located where the wetland crossing
is the narrowest. Separate driveways for each house lot would have doubled the wetland impact
and the disturbance to the surrounding uplands.
While the actual driveway will range in width from 12' to 18', land clearing around the driveway
will be limited to approximately 28' to 40' in order install erosion control and treatment swales.
Erosion control in the form of silt fence will surround the full length of the driveway and the
construction areas around the houses. Haybale check dams will be installed as needed
perpendicular to the driveway until the swales become stable. The driveway will also be
crowned to divert stormwater runoff to the sides to minimize concentrated flow. Any
concentrated flow will be diverted to grassed or stoned swales to increase infiltration into the
ground.
Houses
The two single family houses are located to maximize the distance from wetlands and
disturbance to the WPD. Both houses are located 100' or more from the edge of wetlands, and
the house for Lot A has been located so that it lies totally outside the 400' Non-Discharge Zone.
Roof top drainage for each house will be diverted to dry wells :For infiltration back into the
ground. Finally, any soil stock pile areas exceeding 5' in height will be surrounded by silt fence
or haybales on their downslope side.
Water Quality Protection
Water quality degradation to Lake Cochichewick can occur when nutrients such as phosphorus
and nitrogen, chemicals and sediment enter the lake through direct surface water discharges or
groundwater infiltration. Control of erosion and sediment is a key component to water quality
protection since most urban pollutants are bound to soil particles carried in stormwater runoff.
Nutrients can similarly enter waterways bound to soil particles or as dissolved ions, however
degradation through nutrient loading is best controlled by minimizing inputs to the surrounding
land. Consequently, the preferred methods to protect the water quality of Lake Cochichewick are
to minimize soil erosion, increase or maintain water percolation rates in the bordering wetlands
and uplands, and minimize the use of fertilizers, pesticides and other chemical pollutants.
Soil erosion can be minimized by disturbing the least amount of land possible, maintaining
maximum amounts of uplands to trap uncontained sediment and to stabilize all disturbed areas as
Water Quality Protection
Yameen property
Great Pond Road,North Andover
page 3
quickly as possible. All of these measures have already been discussed with the exception of
stabilizing temporarily disturbed areas.
Silt fence when maintained will trap most sediment, but it can be overloaded if a large area of
land is left disturbed. Consequently, it is our plan to quickly stabilize disturbed areas particularly
area with moderate to steep slopes. The site contractor will be required to immediately mulch
with hay any disturbed areas outside of immediate use or construction. Well placed mulch can
mimic the function of a well vegetated lawn by breaking up the erosive force of rain drops into
smaller more readily absorbed water droplets.
Phosphorus and nitrogen fertilizers pose significant problems to water quality maintenance.
Therefore, only slow release, zero phosphorus lawn fertilizers will be used in any areas where
lawns will be maintained. To further restrict the use of lawn fertilizers, no lawn areas will be
developed within the 400' Non-Disturbance Zone along the west side of the common driveway.
The most significant sources of nitrogen in residentially developed land is from either fertilizers
or septic systems. A slow release granular fertilizer allows for plant uptake of nitrogen before a
significant amount of nitrogen is leached out-of the root zone. Septic systems provide a high
source of nitrate nitrogen which can easily leach into the soil. Since; these house will be serviced
by town sewage, no significant source of nitrogen will be introduced. The combination of only
using slow release fertilizers and tying into town sewage eliminates potential nitrogen loading
into the lake from these lots.
Finally, de-icing salts can pose a source of contamination to drinking water supplies. Once de-
icing salts dissolve, no effective means exists to prevent their movement through either surface
water or groundwater flow. Consequently, we are proposing not to use any de-icing salts on the
driveway. Sand alone will be used to maintain traction during the winter months.
CONCLUSION
It is my opinion that extraordinary precautions are being proposed to prevent water quality
degradation during and after construction of the houses and driveway. If the above precautions
are taken, no significant degradation to the quality and quantity of water entering Lake
Cochichewick from these lots will occur. My resume is attached for your review.
If you have any questions, please feel free to contact me.
Sincerely,
Wetland Consulting Services,
AV
Robert Prokop, I�0
Wetland Scientist
attach. 00 c i
VIP—
/0
000604 5�0J
WETLAND CONSULTING SERVICES
15 Bisson Lane,Merrimac,MA 01860 Phone/Fax(508)346-9857
Robert Prokop
Wetland Scientist/Wildlife Biologist
EDUCATION
University of New Hampshire, Durham
Completed educational requirement for soil scientist certification, 1988
Oklahoma State University, Stillwater
M.S. in Wildlife Ecology, 1981
University of Massachusetts, Amherst
B.S. in Wildlife Biology, 1979
Boston University
B.A. in Biology, 1976
PROFESSIONAL EXPERIENCE
Wetland Consulting Services (WCS), September 1994 to present.
Principal and owner of wetland consulting firm (sole proprietorship).
•WCS has demonstrated capabilities in all aspects of wetland and wildlife assessment.
•WCS specializes in wetland mitigation design, habitat restoration, State and Federal
wetland permitting and wetland and soil mapping.
-Provides expertise and training sessions in the use of the 1989 and 1987 U.S. Army
Corps of Engineers wetland delineation manuals.
University of New Hampshire, 1989 to present.
Instructor for wetland delineation course,WARM 716.
-Course emphasizes the use of the 1987 and 1989 Federal Manual for Delineating
Jurisdictional Wetlands.
-Assists in teaching 40 hour training course for pending U.S. Army Corps of Engineers
wetland certification test. This course emphasizes the use of the 1987 Corps wetland
delineation manual.
Fugro East, Inc., 1988 to 1994.
Senior Wetland Scientist and Project Manager
-Conduct wetland site evaluations including wetland mapping, boundary delineations,
wetland evaluations, wetland enhancement and mitigation designs
-Prepare state and federal dredge and fill permit applications
-Conduct wildlife assessments
-Perform Town-wide Prime Wetland Mapping
-supervise the construction and monitoring of wetland mitigation projects
New Hampshire Wetlands Board Coastal Program, 1986 - 1988
Wetlands Inspector
-Regulatory authority for enforcement of N.H. RSA 482-A, New Hampshire's wetland
protection law.
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 2
New Hampshire Wetlands Board Coastal Program cont'd
-Evaluated both fresh and saltwater wetland environments to determine potential negative
impacts from development.
-Conducted site inspections, surveillance, and monitoring of permits to establish
compliance.
-Provided technical assistance to Conservation Commissions, developers, engineers and
the public for work in wetlands including: determination of wetland boundaries, review and
implementation of wetland mitigation designs, planning of projects likely to impact
wetlands, water pollution control techniques and wildlife enhancement projects.
Data Group Corporation, Burlington, MA 1984- 1986
Contract Programer
-Developed and maintained application programs for both on-line and batch oriented
processing.
-Programing design included both business and manufacturing environments.
Boston Metropolitan Zoos, Stoneham, MA 1982 - 1983
Avian Supervisor
•Supervised staff in the maintenance and care of the zoo's exotic bird collection.
-Designed bird related research projects, consulted with professional agencies and
performed public relations duties in the operation and design of bird exhibits.
•Revitalized the_waterfowl breeding program and participated in the successful hatching and
rearing of New England's first King Penguin.
Oklahoma Cooperative Wildlife Research Unit, 1979 - 1981
Research/Teaching Assistant
-Designed and implemented procedures to investigate the state-wide distribution,
production, and habitat preference of wood ducks (Aix sponsa).
-Assisted in the statewide classification and survey of Oklahoma wetlands using the
Cowardin et al. wetland classification system
-Assisted in the evaluation of waterfowl use and preference of particular wetland types.
-Conducted intensive field surveys, analyzed aerial photographs, water sampling, prepared
and presented reports to state and federal agencies .
-Prepared and presented college level general biology course.
Bio-Research Institute, Cambridge, MA 1976 - 1977
Laboratory Supervisor
-Supervised 20 technicians performing carcinogenic studies on laboratory animals.
-Other duties included animal care, necropsies, equipment repair and calibration.
PUBLICATIONS
Prokop, R., J. 1991 Authored New Hampshire House Bill 404, An Act Relative to the
Certification of Wetland Scientist. Sponsored by the New Hampshire Association of
Wetland Scientist.
Prokop, R., J. 1989. Factors affecting wood duck populations and productivity on Oklahoma
Streams. ASWS International Conference on Wetlands and River Corridor Management,
Charleston, S.C.
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 3
PUBLICATIONS cont'd
Prokop, R., J. 1981. Wood Duck Distribution and Production in Oklahoma. Pittman-Robertson
Final Proj. Rep. #W-128-R(segment B) pg. 102-153.
MEMBERSHIP/AFFILIATIONS
New Hampshire Association of Wetland Scientist
Society of Wetland Scientists
The Society for Ecological Restoration
Association of Massachusetts Wetland Scientists
The Wildlife Society
Merrimac Conservation Commission
CERTIFICATIONS
Professional Wetland Scientist, 1995, Society of Wetland Scientists, Certification#604
University of New Hampshire, 1994, Certificate of Training, Wetland Delineator Certification
Program
Certificate of Training, 1992, OSHA Required 40 Hour Health and Safety Training (OSHA
Standard 29 CFR 1910.120)
PARTIAL LIST OF PROJECTS
Greenville, NH (1996)
Completed all wetland delineation and NH wetland permitting for the installation of 3 miles
of sewer.
Eastern Propane, Rochester, NH (1996)
Completed State and Federal wetland permitting for the construction of a one acre pond and
associated vernal pools.
Unitil, Hampton, NH 1995
Assisted in the permitting, design and construction monitoring of wetland detention
basin/pond for the new Unitil Corporate headquarters.
Point of Pines Yacht Club, Revere, MA 1995
Designed and monitored construction of restored sand dune pursuant to a consent decree
between Massachusetts Attorney General's Office and the Massachusetts Department of
Environmental Protection
Wright's Island, Seabrook, NH 1994
Developed wetland mitigation design and monitored the restoration of 6 acres of salt marsh
as mitigation for the construction of Seabrook's waste water treatment plant.
WalMart, Salem, NH (1994)
Completed wetland permitting and wetland mitigation design for retail development which
impacted 21,000 s.f. of wetland.
Seabrook Sand Dune Restoration Project, Seabrook, NH (1993-4)
Assisted in the design for the restoration of Seabrook's sand dunes. Monitored all aspects
of the sand dune re-construction.
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 4
PARTIAL LIST OF PROJECTS cont'd
NH Department of Transportation, Tuftonborough, NH (1994)
Supervised erosion control and monitored wetland impacts for the regulatory agencies
during the reconstruction of Route 109 in Tuftonborough, NH.
Maine Department of Transportation, Machiasport, ME (1994)
Developed wetland mitigation scheme to offset tidal wetland impacts from road re-
construction in the towns of Milbridge and Machiasport, Maine.
Mall of New Hampshire, Manchester, NH (1994)
Completed the wetland permitting for the expansion of the Mall of New Hampshire.
NH Department of Transportation (1993-4)
Assisted in the environmental inventory of wetlands and sensitive areas for the preparation
of an EIS for 1-93 between Salem and Manchester, NH.
BYs Warehouse, Portsmouth, NH (1993)
Developed wetland mitigation design and monitored construction of 20,000 s.f. of
wetland.
Durgin Square, Portsmouth, NH (1993)
Developed wetland mitigation design for 70,000 s.f of wetland impacted from retail
development.
NH Department of Transportation, Portsmouth/Newington, NH (1991-3)
Designed and monitored construction of 10 acres of wetland impacted from the
reconstruction of the Pease International Tradeport interchange on the Spaulding Turnpike.
Pease Development Authority, Portsmouth, NH (1992)
Mapped and conducted a wetland functional assessment for all wetland within a 400 acre
parcel at the decommissioned Air Force base.
Mall at Rockingham Park, Salem, NH (1991-2)
Assisted in wetland permitting and mitigation design for 6.0 acres of wetland impacted
from Mall construction. Coordinated all phases of wetland construction.
Town of Tewskbury, MA (1992)
Designed compensatory wetlands and developed restoration plan for 1.0 acre of wetland
impacted from unauthorized activities.
Prime Wetland Mapping, Barrington, NH (1991)
Mapped and documented the town's 47 prime wetlands
Portsmouth High School, Portsmouth, NH (1990)
Developed wetland mitigation design for 1.0 acre of wetland impacted from the expansion
of the school's athletic fields.
Prime Wetland Mapping, Salem, NH (1988-9)
Mapped and documented the town's 26 prime wetlands.
Town of Waterboro, ME (1988)
Developed wetland ordinance and conducted wetland functional assessment of over 50
wetlands as part of town's wetland mapping project.
1� rL T
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BOARD OF APPEALS�
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September 5, 1997
William J. Sullivan
Town of North Andover,
Zoning Board of Appeals
146 Main Street
North Andover, Massachusetts 01845
Re : Yameen Property, Great Pond Road, North Andover, MA
Dear Chairman Sullivan:
Enclosed please find ten (10) copies of a letter dated
September 2 , 1997, and resume from the Yameen' s consultant,
Robert Prokop. These documents were inadvertently omitted from
our recent legal memorandum dated September 2 , 1997, regarding
the Gonsalves zoning case, and should be inserted as Exhibit 1
thereto.
Thank you for your attention to this matter.
Very truly ours,
Thomas F. Caffrey
Encls .
+ r
�YJ LS
WETLAND CONSULTING SERVICES f
� t7pp
15 Bisson Lane,Merrimac,MA 01860 Phone/Fax(508)346-9857 0� SEp
r r®3
BOARD OF APPEALS
September 2, 1997
WCS Job#Yame-1
William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
RE: Yameen Property, Great Pond Road, North Andover, MA
Dear Mr. Sullivan:
Wetland Consulting Services is providing this documentation on behalf of Ken Yameen et al.,
1077 Osgood Street, North Andover, MA. This report attempts to describe the efforts taken to
protect the water quality of Lake Cochichewick as we plan for subdividing his parcel located off
Great Pond Road (see locus map Figure 1).
PROPOSED PROJECT
The proposed project would subdivide an existing undeveloped and mostly forested 4.06 acre
parcel into two lots: Lot A (2.27 ac) and Lot B (1.79 ac). Both lots would front on Great Pond
Road (Rte 1.33) with 150' of frontage each (see plan prepared by Merrimack Engineering and
dated August 5, 1997). Since the parcel is located near of Lake Cochichewick, both lots would
exist within the North Andover Watershed Protection District.
Single family houses would be constructed on each lot. A single common driveway would
service both lots. This will require the filling of 540 s.f. of wetland. A 12" rcp will be installed
beneath the driveway to maintain waterflow to the wetland. The wetland impact will be
mitigated by constructing 1,100 s.f. of compensatory wetland which is twice the amount of
wetland proposed for impact. The town requires that all wetland impacts be mitigated at the rate
of 2:1.
Each house would be serviced with sewer by extending the existing line from the pump station
located off Rte 133 by the Butcher Boy development. It is my understanding that when this
development was originally planned, the pump station was designed to service Mr. Yameen's
parcel and other house lots on Great Pond Road.
A Notice of Intent was filed with the North Andover Conservation Commission on August 22,
1997 seeking approval to impact wetlands for the construction of a driveway and two single
family houses. A public hearing is scheduled with the Commission on September 3 1997. The
location, boundary and description of wetland resource areas p!-esent on the property were
presented to the Commission in a Request for Determination of Applicability filed on January
24, 1997. While a positive determination was issued by the Commission on February 20, 1997,
the Commission accepted the wetland delineation in a plan prepared by Merrimack Engineering
and dated February 19, 1997.
COMPLIANCE WITH THE WATERSHED PROTECTION DISTRICT (WPD)
The North Andover Zoning By-laws allows for single :family house lot development within the
Watershed Protection District upon approval of a Special Permit and a variance. To satisfy the
Water Quality Protection
Yameen property
Great Pond Road,North Andover
page 2
requirements for a Special Permit, lot development is restricted to the minimum necessary to
construct two single family homes. Key to development in this area is to leave as much land as
possible undisturbed. Minimal land disturbance will help to maintain the filtration functions of
the land and prevent erosion during construction. The following Best Management Practices
(BMP's) were considered in the construction and placement of the houses and driveway.
Driveway
The driveway represents the largest intrusion into the WPD. No other access exists to the
property other than from Great Pond Road since either existing single family housing or more
extensive wetlands surround the parcel. Consequently, it was decided from the start that a single
common driveway would be proposed to service both house lots. Since access to the lots cannot
be accomplished without crossing wetlands, a common driveway for the two lots would
minimize the wetland impact. Furthermore, the driveway is located where the wetland crossing
is the narrowest. Separate driveways for each house lot would have: doubled the wetland impact
and the disturbance to the surrounding uplands.
While the actual driveway will range in width from 12' to 18', land clearing around the driveway
will be limited to approximately 28' to 40' in order install erosion control and treatment swales.
Erosion control in the form of silt fence will surround the full length of the driveway and the
construction areas around the houses. Haybale check dams will be installed as needed
perpendicular to the driveway until the swales become stable. The driveway will also be
crowned to divert stormwater runoff to the sides to minimize concentrated flow. Any
concentrated flow will be diverted to grassed or stoned swales to increase infiltration into the
ground.
Houses
The two single family houses are located to maximize the distance from wetlands and
disturbance to the WPD. Both houses are located 100' or more from the edge of wetlands, and
the house for Lot A has been located so that it lies totally outside the 400' Non-Discharge Zone.
Roof top drainage for each house will be diverted to dry wells :For infiltration back into the
ground. Finally, any soil stock pile areas exceeding 5' in height will be surrounded by silt fence
or haybales on their downslope side.
Water Quality Protection
Water quality degradation to Lake Cochichewick can occur when nutrients such as phosphorus
and nitrogen, chemicals and sediment enter the lake through direct surface water discharges or
groundwater infiltration. Control of erosion and sediment is a key component to water quality
protection since most urban pollutants are bound to soil particles carried in stormwater runoff.
Nutrients can similarly enter waterways bound to soil particles or as dissolved ions, however
degradation through nutrient loading is best controlled by minimizing inputs to the surrounding
land. Consequently, the preferred methods to protect the water quality of Lake Cochichewick are
to minimize soil erosion, increase or maintain water percolation rates in the bordering wetlands
and uplands, and minimize the use of fertilizers, pesticides and other chemical pollutants.
Soil erosion can be minimized by disturbing the least amount of land possible, maintaining
maximum amounts of uplands to trap uncontained sediment and to stabilize all disturbed areas as
Water Quality Protection
Yameen property
Great Pond Road,North Andover
page 3
quickly as possible. All of these measures have already been discussed with the exception of
stabilizing temporarily disturbed areas.
Silt fence when maintained will trap most sediment, but it can be overloaded if a large area of
land is left disturbed. Consequently, it is our plan to quickly stabilize disturbed areas particularly
area with moderate to steep slopes. The site contractor will be required to immediately mulch
with hay any disturbed areas outside of immediate use or construction. Well placed mulch can
mimic the function of a well vegetated lawn by breaking up the erosive force of rain drops into
smaller more readily absorbed water droplets.
Phosphorus and nitrogen fertilizers pose significant problems to water quality maintenance.
Therefore, only slow release, zero phosphorus lawn fertilizers will be used in any areas where
lawns will be maintained. To further restrict the use of lawn fertilizers, no lawn areas will be
developed within the 400' Non-Disturbance Zone along the west side of the common driveway.
The most significant sources of nitrogen in residentially developed land is from either fertilizers
or septic systems. A slow release granular fertilizer allows for plant uptake of nitrogen before a
significant amount of nitrogen is leached out of the root zone. S(:ptic systems provide a high
source of nitrate nitrogen which can easily leach into the soil. Since these house will be serviced
by town sewage, no significant source of nitrogen will be introduced. The combination of only
using slow release fertilizers and tying into town sewage eliminates potential nitrogen loading
into the lake from these lots.
Finally, de-icing salts can pose a source of contamination to drinking water supplies. Once de-
icing salts dissolve, no effective means exists to prevent their movement through either surface
water or groundwater flow. Consequently, we are proposing not to use any de-icing salts on the
driveway. Sand alone will be used to maintain traction during the winter months.
CONCLUSION
It is my opinion that extraordinary precautions are being proposed to prevent water quality
degradation during and after construction of the houses and driveway. If the above precautions
are taken, no significant degradation to the quality and quantity of water entering Lake
Cochichewick from these lots will occur. My resume is attached for your review.
If you have any questions, please feel free to contact me.
Sincerely,
Wetland Consulting Services,
-��VWlandjor
�t
AV
Robert Prokop, 0
Wetland Scientist
SSS
attach. /�l o ci
�+'mss 000604 5�0�
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0 WETLAND CONSULTING SERVICES
(& 15 Bisson Lane,Merrimac,MA 01860 Phone/Fax(508)346-9857
Robert Prokop
Wetland Scientist/Wildlife Biologist
EDUCATION
University of New Hampshire, Durham
Completed educational requirement for soil scientist certification, 1988
Oklahoma State University, Stillwater
M.S. in Wildlife Ecology, 1981
University of Massachusetts, Amherst
B.S. in Wildlife Biology, 1979
Boston University
B.A. in Biology, 1976
PROFESSIONAL EXPERIENCE
Wetland Consulting Services (WCS), September 1994 to present.
Principal and owner of wetland consulting firm (sole proprietorship).
•WCS has demonstrated capabilities in all aspects of wetland and wildlife assessment.
•WCS specializes in wetland mitigation design, habitat restoration, State and Federal
wetland permitting and wetland and soil mapping.
-Provides expertise and training sessions in the use of the 1989 and 1987 U.S. Army
Corps of Engineers wetland delineation manuals.
University of New Hampshire, 1989 to present.
Instructor for wetland delineation course,WARM 716.
-Course emphasizes the use of the 1987 and 1989 Federal Manual for Delineating
Jurisdictional Wetlands.
-Assists in teaching 40 hour training course for pending U.S. Army Corps of Engineers
wetland certification test. This course emphasizes the use of the 1987 Corps wetland
delineation manual.
Fugro East, Inc., 1988 to 1994..
Senior Wetland Scientist and Project Manager
-Conduct wetland site evaluations including wetland mapping, boundary delineations,
wetland evaluations, wetland enhancement and mitigation designs
-Prepare state and federal dredge and fill permit applications
-Conduct wildlife assessments
-Perform Town-wide Prime Wetland Mapping
-Supervise the construction and monitoring of wetland mitigation projects
New Hampshire Wetlands Board Coastal Program, 1986 - 1988
Wetlands Inspector
-Regulatory authority for enforcement of N.H. RSA 482-A, New Hampshire's wetland
protection law.
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 2
New Hampshire Wetlands Board Coastal Program cont'd
-Evaluated both fresh and saltwater wetland environments to determine potential negative
impacts from development.
-Conducted site inspections, surveillance, and monitoring of permits to establish
compliance.
-Provided technical assistance to Conservation Commissions, developers, engineers and
the public for work in wetlands including: determination of wetland boundaries, review and
implementation of wetland mitigation designs, planning of projects likely to impact
wetlands, water pollution control techniques and wildlife enhancement projects.
Data Group Corporation, Burlington, MA 1984- 1986
Contract Programer
-Developed and maintained application programs for both on-line and batch oriented
processing.
-Programing design included both business and manufacturing environments.
Boston Metropolitan Zoos, Stoneham, MA 1982 - 1983
Avian Supervisor
-Supervised staff in the maintenance and care of the zoo's exotic bird collection.
-Designed bird related research projects, consulted with professional agencies and
performed public relations duties in the operation and design of bird exhibits.
-Revitalized the waterfowl breeding program and participated in the successful hatching and
rearing of New England's first King Penguin.
Oklahoma Cooperative Wildlife Research Unit, 1979 - 1981
Research/Teaching Assistant
-Designed and implemented procedures to investigate the state-wide distribution,
production, and habitat preference of wood ducks (Aix sponsa).
-Assisted in the statewide classification and survey of Oklahoma wetlands using the
Cowardin et al. wetland classification system
-Assisted in the evaluation of waterfowl use and preference of particular wetland types.
-Conducted intensive field surveys, analyzed aerial photographs, water sampling, prepared
and presented reports to state and federal agencies .
-Prepared and presented college level general biology course.
Bio-Research Institute, Cambridge, MA 1976 - 1977
Laboratory Supervisor
-Supervised 20 technicians performing carcinogenic studies on laboratory animals.
-Other duties included animal care, necropsies, equipment repair and calibration.
PUBLICATIONS
Prokop, R., J. 1991 Authored New Hampshire House Bill 404, An Act Relative to the
Certification of Wetland Scientist. Sponsored by the New Hampshire Association of
Wetland Scientist.
Prokop, R., J. 1989. Factors affecting wood duck populations and productivity on Oklahoma
Streams. ASWS International Conference on Wetlands and River Corridor Management,
Charleston, S.C.
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 3
PUBLICATIONS cont'd
ProkoP, R., J. 1981. Wood Duck Distribution and Production in Oklahoma. Pittman-Robertson
Final Proj. Rep. #W-128-R(segment B) pg. 102-153.
MEMBERSHIP/AFFILIATIONS >.
New Hampshire Association of Wetland Scientist
Society of Wetland Scientists
The Society for Ecological Restoration
Association of Massachusetts Wetland Scientists
The Wildlife Society
Merrimac Conservation Commission
CERTIFICATIONS
Professional Wetland Scientist, 1995, Society of Wetland Scientists, Certification#604
University of New Hampshire, 1994, Certificate of Training, Wetland Delineator Certification
Program
Certificate of Training, 1992, OSHA Required 40 Hour Health and Safety Training (OSHA
Standard 29 CFR 1910.120)
PARTIAL LIST OF PROJECTS
Greenville, NH (1996)
Completed all wetland delineation and NH wetland permitting for the installation of 3 miles
of sewer.
Eastern Propane, Rochester, NH (1996)
Completed State and Federal wetland permitting for the construction of a one acre pond and
associated vernal pools.
Unitil, Hampton, NH 1995
Assisted in the permitting, design and construction monitoring of wetland detention
basin/pond for the new Unitil Corporate headquarters.
Point of Pines Yacht Club, Revere, MA 1995
Designed and monitored construction of restored sand dune pursuant to a consent decree
between Massachusetts Attorney General's Office and the Massachusetts Department of
Environmental Protection
Wright's Island, Seabrook, NH 1994
Developed wetland mitigation design and monitored the restoration of 6 acres of salt marsh
as mitigation for the construction of Seabrook's waste water treatment plant.
WalMart, Salem, NH (1994)
Completed wetland permitting and wetland mitigation design for retail development which
impacted 21,000 s.f. of wetland.
Seabrook Sand Dune Restoration Project, Seabrook, NH (1993-4)
Assisted in the design for the restoration of Seabrook's sand dunes. Monitored all aspects
of the sand dune re-construction.
s
Wetland Consulting Services
Robert Prokop
Wetland Scientist/Wildlife Biologist
Page 4
PARTIAL LIST OF PROJECTS cont'd
NH Department of Transportation, Tuftonborough, NH (1994)
Supervised erosion control and monitored wetland impacts for the regulatory agencies
during the reconstruction of Route 109 in Tuftonborough, NH.
Maine Department of Transportation, Machiasport, ME (1994)
Developed wetland mitigation scheme to offset tidal wetland impacts from road re-
construction in the towns of Milbridge and Machiasport, Maine.
Mall of New Hampshire, Manchester, NH (1994)
Completed the wetland permitting for the expansion of the Mall of New Hampshire.
NH Department of Transportation (1993-4)
Assisted in the environmental inventory of wetlands and sensitive areas for the preparation
of an EIS for 1-93 between Salem and Manchester, NH.
BYs Warehouse, Portsmouth, NH (1993)
Developed wetland mitigation design and monitored construction of 20,000 s.f. of
wetland.
Durgin Square, Portsmouth, NH (1993)
Developed wetland mitigation design for 70,000 s.f of wetland impacted from retail
development.
NH Department of Transportation, Portsmouth/Newington, NH (1991-3)
Designed and monitored construction of 10 acres of wetland impacted from the
reconstruction of the Pease International Tradeport interchange on the Spaulding Turnpike.
Pease Development Authority, Portsmouth, NH (1992)
Mapped and conducted a wetland functional assessment for all wetland within a 400 acre
parcel at the decommissioned Air Force base.
Mall at Rockingham Park, Salem, NH (1991-2)
Assisted in wetland permitting and mitigation design for 6.0 acres of wetland impacted
from Mall construction. Coordinated all phases of wetland construction.
Town of Tewskbury, MA (1992)
Designed compensatory wetlands and developed restoration plan for 1.0 acre of wetland
impacted from unauthorized activities.
Prime Wetland Mapping, Barrington, NH (1991)
Mapped and documented the town's 47 prime wetlands
Portsmouth High School, Portsmouth, NH (1990)
Developed wetland mitigation design for 1.0 acre of wetland impacted from the expansion
of the school's athletic fields.
Prime Wetland Mapping, Salem, NH (1988-9)
Mapped and documented the town's 26 prime wetlands.
Town of Waterboro, ME (1988)
Developed wetland ordinance and conducted wetland functional assessment of over 50
wetlands as part of town's wetland mapping project.
119 ff
P.
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508-686-6151
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August 15, 1997
Mary Leary-Ippolito
North Andover
Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
Re : Yameen - Great Pond Road
Dear Ms . Leary-Ippolito:
As you know, I left two sets of plans related to the two (2)
Yameen applications previously filed with the Board of Appeals .
The second application, filed July 18, 1997, should be advertised
and mailed, as was done in the first case . We have requested in
previous correspondence that both applications be taken up at the
September meeting. I know Mr. Sullivan was interested in seeing
the revised plans prior to the hearing and I expect he would know
by now that they have been filed with your office. Please call if
you have any questions related to these matters .
Very truly yours,
Thomas F. Caf ey
TFC:pg
cc : Kenneth Wm. Yameen
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_lho�rca� � atpNec�
' BOARD OF APPEALS Att ...y at oP,w, P
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July 25, 1997
Mr. William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
RE: Yameen Petition filed July 18, 1997
Great Pond Road - Vacant Land
Dear Mr. Sullivan:
As I indicated to Ms . McEvoy yesterday on the telephone, our
clients have decided to ask that the above-noted petition be placed
on the September meeting agenda. This will allow more time to file
further plans of the site and to provide other information the
Board indicated would be helpful when we first appeared before the
Board.
We further request the July hearing on the original petition,
which was continued to August, be further continued to September,
so that both petitions can be heard together. We agree with the
Board that it would be best if all Zoning Board relief sought for
this site is taken up at a single hearing.
As soon as the additional plans and other information has been
filed to supplement our petitions already filed, we shall ask Ms .
McEvoy to notify you.
Thank you for your cooperation.
Very tru yours,
i
Thomas F. Caffrey
TFC:pg
cc : K. Yameen
Ar
RECEIVED
JOYC,E BRADSHAW .
TOWN CLERK
NORTH ANDOVER
Received by Town Clerk:
JULIO 1145 fiM '91
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Thomas Yameen* Address 1401 Great Pond Rd. ,
Tel . No. 688-1511 N. Andover
1 . Application is hereby made :
a) For a variance from the requirements of Section 4
Paragraph 4 . 136 and Table of the Zoning Bylaws .
b) For a special Permit under Section -ragraph
of the Zoning Bylaws .
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authorit}-.
2 . a) Premises affected are land and bu__aing (s)
numbered northerly side, Great Pond Road gam. .
b) Premises affected are property with fro=_=ge on the
North ( X) South ( ) East ( ) 'West ( ) site of Great
Pond Road _Qb000±K.
Street, and known as No. Vacant Land
Street .
R-1 and Watershed Protection Dist.
c) Premises affected are in Zoning District n , and the
premises affected have an area of 176 , 586 sauare feet
and frontage of 300 feet .
*Other applicants : William J. Yameen, Evon M. Yameen,
Kenneth Wm. Yameen
5 of 8
Rev. 06 . 03 . 96
3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names) :
Thomas Yameen, William J. Yameen, Evon M. Yameen,
Kenneth- Wm. Yameen
9/17/86
Date of Purchase 2/9/84 & Previous Owner Stella Sobel
b) 1 . If applicant is not owner, check his/her interest
in the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for variance/Special Permit
required.
A: 70 A: 30
4 . Size of proposed building: B: 55 front ; B:32 feet deep;
Height 21-2 stories; 35 feet .
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5 . Has there been a previous appeal, - under zoning, on these
premises? Yes If so, when? Pending now
6 . Description of relief sought on this petition Creation of Lots A & B,
and location of driveway and proposed dwellings, as per plan*
7 . Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book 1787 Page 270
The principal points upon which I base my application are
follows : (must be stated in detail)
There are circumstances relating to the slope, topography, shape and other
conditions of the land, but not affecting generally the zoning district,
on said plan already filed, and further shown on the plan filed herewith,
such that a literal enforcement of the Bylaws would impose an undue
hardship on the Petitioners.
I agree to pay the filing fee, advertising in newspaper, and
J-pcidental expenses* j< <
4omas ameen Signature of Petitioners) t�7illi '. ameen
)n Jn-
Evon M. 4' e nemeenameen
*dated A ril 16, 1997 , already filed with the o ing Board of Appeals .
6 of 8
Rev. 06 . 03 . 96
LIST OF PARTIES OF INTEREST PAGE OF I See attached
SUBJECT PROPERTY
MAP PARCEL NAME (ADDRESS
005 Yam * I 1 A01 Great PnnA Andover
*other applicants
William J. Yameen, Evon M. Yamee Kenneth Tdm. Ya-:een
ABUTTERS
MAP PARCEL NAME IADDRESS
i
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CERTIFIED BY: DATE
ASSESSOR'S 0=•FICE i
REV 06.03.96
V
Parcel 0051 Parcel 0061
Simone Marchaud Alfred Matthews
1881 Great Pond Road 25 Brentwood Avenue
North Andover, MA 01845 Peabody, MA 01960
Parcel 0057 Parcel 0108
William &Wanda AvQrka Rita Gonsalves
1857 Great Pond Road Alfred Matthews
North Andover, MA 01845 25 Brentwood Circle
Peabody, MA 01960
Parcel 0004 Parcel 0058
Sophie and Kenneth Haphey Peter and Kathleen Bouffard
1159 Osgood Street 1925 Great Pond Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0060 Parcel 0059
Sophie and Kenneth Haphey Celestrial Realty Trust
1159 Osgood Street c/o Frank Ragonese
North Andover, MA 01845 1939 Great Pond Road
North Andover, MA 01845
Parcel 0087
John/Anne Marie Ferguson Parcel 0021
111 French Farm Road Town of North Andover
North Andover, MA 01845 120 Main Street
North Andover, MA 01845
Parcel 0088
Robert and Laura Saindon Parcel 0022
99 French Farm Road Town of North Andover
North Andover, MA 01845 120 Main Street
North Andover, MA 01845
Parcel 0089
Brian Westwater Parcel 0072
Laraine Garrity Stephen and Donna Mastrocola
87 French Farm Road 40 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0090 Parcel 0073
Neal and Nancy Shapleigh Mary Sestito
75 French Farm Road 70 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0091 Parcel 0074
Michael and Maureen Salach Michael and Robin Rose
63 French Farm Road 80 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0092 Parcel 0075 �'�
Michael and Linda Thomas Ralph and Louise Carvalho �, ti i�"
53 French Farm Road 92 French Farm Road , v
North Andover, MA 01845 North Andover, MA 01845
J
RECEIVEM
,JOYCE BRAD SHAW I
TOWN CLERK � �r'^
NORTH ANDOVER
Received by Town Clerk: JUN 3 12 -17 PM '97
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINA. CE
Applicant Thomas Yameen * Address 1401 Great Pond Rd , No. Andove
Tel . No. 688-1511
1 . Application is herebv made :
a) For a variance from the requirements of Section 7
Paragraph 7 . 1 , 7 . 2 and Table 2 of the Zoning Bylaws .
b) For a special Permit under Section Paracraph
of the Zoning Bylaws .
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land and buildings)
numbered northerly �ir1P �raat Pnn�� Read � ��
b) Premises affected are property with frontad on the
North ( X) South ( ) East ( ) 'West ( ) side o= Graat-
Pond Roacic , .
Street, and known as No . vacant land
Street .
C) Premises affected are in Zoning District R-1 , and the
premises affected have an area of 176 , 506 square feet ( 4 . 07 AC )
and frontage of 300 feet .
* other applicants : William J. Yameen, Ev_on M. Yameen, Kenneth Wm.
Yameen
5 of 8
3 . Ownership :
a) Name and address of owner (if joint owneYshin, give all
names) :
Thomas Yameen, William J. Yameen, Evon M. Yameen,
Kenneth* W. Yameen
Date of Purchase 2/9/94 Previous Owner Stella Sobel
b) 1 . If applicant is not owner, check his/her interest
in the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Soecial Permit
required.
4 . Size of proposed building: front; feet deep;
Height stories ; feet .
a) Approximate date of erection :
b) Occupancy or use of each floor :
c) Type of construction :
S . Has there been a previous appeal , � under zoninc, on these
premises . If so, when?
6 . Description of relief sought on this petition The creation of Lots
A and B as per plan dated April 16, 1997 , fi 1Pr1 horPwi+-h
7 . Deed recorded in the Registry of Deeds in Boos: Page
Land Court Certificate No . Book 1787 Page 270
The principal points upon which I base my application are as
follows : (must be stated in detail)
There are circumstances relatinto slope, topography, shape and other
conditions of the land, but not-affecting g enerally the z nine district,
as further identified on said plan filed herewith _ such that a literal
enforcement of the Bylaws would impose an undue hardship on the
petitioners .
I agree to pay the filing fee, advertising in ne-dspaper, and
ncidental expensesX
u
Thomas a een Signature of Petitioner (s) Will ' am J Yameen
Evon M. Ln6
nneth [� ameen
of 8
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: R-1
Required Setback Existing Setback Relief
or Area or Area Requested
Lot A Lot B Lot A Lot B
Lot Dimension 2 ACRES 2 . 89 AC 1. 18 AC -0- . 82 AC
Area
Street Frontage
175 ' 150 ' 150 ' 25 ' 25 '
Front Setback
30 ' 520 ' 242 . 9 ' -0- -0-
Side Setback (s)
30 ' 49 ' 33 . 5 ' -0- -0-
Rear Setback
30 ' 49 41. 4 ' -0- -0-
75% CBA 1. 5 AC 1 . 85 AC 0/922 AC -0- 0 . 578
Special Permit Request:
7 of 8
Ao.. nc n) n,
�. LIST OF PARTIES OF INTEREST PAGE OF See attached
SUBJECT PROPERTY
MAP PARCEL NAME (ADDRESS
005 Ya
*other applicants
William J. Yameen; Evon M. Yamee , Kenneth Wm. Yameen
ABUTTERS
MAP PARCEL NAME ADDRESS
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CERTIFIED BY: DATE
ASSESSOR'S OFFICE j
REV 06.03.96
Parcel 0051 Parcel 0061
Simone Marchaud Alfred Matthews
1881 Great Pond Road 25 Brentwood Avenue
North Andover, MA 01845 Peabody, MA 01960
Parcel 0057 Parcel 0108
William &Wanda Averka Rita Gonsalves
1857 Great Pond Road Alfred Matthews
North Andover, MA 01845 25 Brentwood Circle
Peabody, MA 01960
Parcel 0004 Parcel 0058
Sophie and Kenneth Haphey Peter and Kathleen Bouffard
1159 Osgood Street 1925 Great Pond Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0060 Parcel 0059
Sophie and Kenneth Haphey Celestrial Realty Trust
1159 Osgood Street c/o Frank Ragonese
North Andover, MA 01845 1939 Great Pond Road
North Andover, MA 01845
Parcel 0087
John/Anne Marie Ferguson Parcel 0021
111 French Farm Road Town of North Andover
North Andover, MA 01845 120 Main Street
North Andover, MA 01845
Parcel 0088
Robert and Laura Saindon Parcel 0022
99 French Farm Road Town of North Andover
North Andover, MA 01845 120 Main Street
North Andover, MA 01845
Parcel 0089
Brian Westwater Parcel 0072
Laraine Garrity Stephen and Donna Mastrocola
87 French Farm Road 40 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0090 Parcel 0073
Neal and Nancy Shapleigh Mary Sestito
75 French Farm Road 70 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0091 Parcel 0074
Michael and Maureen Salach Michael and Robin Rose
63 French Farm Road 80 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0092 Parcel 0075
Michael and Linda Thomas Ralph and Louise Carvalho
53 French Farm Road 92 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
LIST OF PARTIES OF INTEREST PAGE OF See attached
SUBJECT PROPERTY
MAP PARCEL NAME IADDRESS
005 Y
*other applicants
William J. Yameen, Evon M. Yamee , Kenneth Wm. Yameen
ABUTTERS
MAP PARCEL NAME IADDRESS
-;jy F.i, -
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CERTIFI G �� DATE Z
ASSESSOR'8 OFFICE i
REV 06.03.96 8
Ye)4 ��0
f pOR rh
3�06a`T�a° °1�0
OL
F• A
Y #
# L a r
SSAcHUSE�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is herebv aiven that the Board of Appeals will hold a
ublic hearing at the Stevens Memorial Library located at
345 Main Street North Andover MA. on Tuesday the 8th . '
day of July 1997 at 7 . 30 o' clock P.M. to all parties
interested in the appeal of Thomas Yameen of 1401 Great Pond
Rd North Andover requesting a Variance from the
requirements of Section 7 paragraph 1 & 2 in a R-1
district of the Zoning Bylaw.
Said premise is vacant land located on the northerly side
of Great Pond Road which is the R-1 Zoning District for the
purpose of obtaining relief as to frontage, lot area and CBA
requirements. Plans are available for review at the Office
of Community Development & Services, Town Hall Annex, 146
Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish North Andover Citizen 6. 18 . 97 & 6. 25. 97
1401 Groat Pontl Road
LEGAL TOWN OF NORHTHTA DOVER
BOARD OF APPEALS
Notide Is hereby given that the Board of Ap-
peals will hold aal a!public hearing at the Stevens
North Me�Andover,MA onrTuesdaat y,the 8th day oStreet
f
July 1997'at 7:30 O'clock P.M.to all parties in.
terested in the appeal of Thomas Yameen of
1401 Great Pond Road, North Andover re-
questing a Variance from the requirements of
Section 7,Paragraph 1&2 in an R-1 district of
the Zoning Bylaw.
Said premises is vacant land located on the
northedy side of Great Pond Road which is the
R-1 Zoning District for the purpose of obtaining
-relief as to frontage,lot area and CBA require-
ments.Plans are available for review at the Of-
fice of Community Development& Services,
Town Hall Annex,146 Main Street.
By the Order of the Board of Appeals
William J.Sullivan,Chairman
North Andover Citizen,6/18'd 8/25/97
Y
AfTY rT' CAFP99
joy EDAN M
mi ri 4 OVER
Received by To,,,m Clerk : J4 3 12 37 f0 '97
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FRObf THE ZONING O=NAIME
Applicant Thomas YamPPn * Address 1401 Great Pond Rd, No. Andov
Tel . No. 688-1511
1 . Application is hereby made :
a) For a variance from the requirements of Section 7
Paragraph 7 . 1 , 7 . 2 and Table 2 of the Zoning Bylaws .
b) For a special Permit under Section Paragraph
of the Zoning Bylaws .
c) As a Party P_ggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land and builc_ng (s)
numbered northarl y side Great Ponce Road
b) Premises affected are property with frontage on the
North ( X) South ( ) East ( ) 'West ( ) side of GYPat
Pond Roacl � tx.
Street, and known as No . vacant lame
Street .
c) Premises affected are in Zoning District R-1 , and the
premises affected have an area of 176 , 596 square feet ( 4 . 07 AC )
and frontage of 300 feet .
* other applicants : William J. Yameen, Evon M. Yameen, Kenneth wm.
Yameen
5 Of 8
3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names) :
Thomas Yameen, William J. Yameen, Evon M. Yameen,
Kenneth' W. Yameen
Date of Purchase 2/9/94 Previous Owner Stella Sobel
b) 1 . If applicant is not owner, check his/her interest
in the pre:mi ses :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: front ; feet deep;
Height stories ; feet .
a) Approximate date of erection :
b) Occupancy or use of each floor :
c) Type of construction :
5 . Has there been a previous appeal , - under zoning, on these
premises? If so, when?
6 . Description of relief sought on this petition The creation of Lots
A and B as per plan dated April 16 , 1997 , filed herAwith
7 . Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book 1787 Pace 270
The principal points upon �,ihi ch I base my application are as
follows : (must be stated in detail)
There are circumstances relatingto slope , t-npRqraphT, shape and other
conditions of the land, but not affertinggenerally the z nina district ,
as further identified on said plan filed herewith� such that a literal
enforcement of the Bylaws would impose an undue hardship on the
petitioners .
I agree to pay the filing fee, advertising in re-:ispaper, and
incidental expenses*
Z1'*'&0_VVt'6
Thomas a een Signature of Petitioner (s) Wil " am J Yameen
Evon bi. meen 4nneth Wameen
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DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: R-1
Recruired Setback Existing Setbac't Relief
or Area or Area Requested
Lot A Lot B Lot A Lot B
Lot Dimension 2 ACRES 2 . 89 AC 1 . 18 AC -0- . 82 AC
Area
Street Frontage
175 ' 150 ' 150 ' 25 ' 25 '
Front Setback
30 ' 52-0 ' 242 . 9 ' -0- -0-
Side Setback (s)
30 ' 49 ' 33 . 5 ' -0- -0-
' Rear Setback
30 ' 49 ' 41. 4 ' -0- -0-
75o CBA 1 . 5 AC 1 . 85 AC 0/922 AC -0- 0. 578
Special Permit Request :
7 of 8
'Re-,r n r n
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I'LIST OF PARTIES OF INTEREST PAGE OF See attached
SUBJECT PROPERTY
MAP PARCEL NAME (ADDRESS
005 Yampen , Thomas -1 401 Great Pond mn—Andover
*other applicants
William J. Yameeny Evon M. Yamee6, Kenneth wm. Yameen
ABUTTERS
MAP PARCEL NAME ADDRESS
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CERTIFIED BY: DATE
ASSESSOR'S OFFICE
REV 06.03.96
v
Parcel 0051 Parcel 0061
Simone Marchaud Alfred Matthews J
1881 Great Pond Road 25 Brentwood Avenue
North Andover, MA 01845 Peabody, MA 01960
Parcel 0057 J Parcel 0108
William &Wanda Averka Rita Gonsalves
1857 Great Pond Road Alfred Matthews
North Andover, MA 01845 25 Brentwood Circle
Peabody, MA 01960
Parcel 0004 J Parcel 0058
Sophie and Kenneth Haphey Peter and Kathleen Bouffard 1
1159 Osgood Street 1925 Great Pond Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0060 Parcel 0059
Sophie and Kenneth Haphey Celestrial Realty Trust
1159 Osgood Street c/o Frank Ragonese
North Andover, MA 01845 1939 Great Pond Road
North Andover, MA 01845
Parcel 0087
John/Anne Marie Ferguson Parcel 0021
111 French Farm Road Town of North Andover
North Andover, MAO 1845 120 Main Street
North Andover, MA 01845
Parcel 0088 `
Robert and Laura Saindon `� Parcel 0022
99 French Farm Road Town of North Andover
North Andover, MA 01845 120 Main Street
North Andover, MA 01845
Parcel 0089
Brian Westwater J Parcel 0072
Laraine Garrity Stephen and Donna Mastrocola J
87 French Farm Road 40 French Farm Road ✓
North Andover, MA 01845 North Andover, MA 01845
Parcel 0090 Parcel 0073
Neal and Nancy Shapleigh �/ Mary Sestito
75 French Farm Road 70 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0091 J Parcel 0074
Michael and Maureen Salach Michael and Robin Rose
63 French Farm Road 80 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
Parcel 0092 Parcel 0075
Michael and Linda Thomas Ralph and Louise Carvalho
53 French Farm Road 92 French Farm Road
North Andover, MA 01845 North Andover, MA 01845
_�L17 OF PARTIES OF INTEREST PAGE OF See attached
r .
SUBJECT PROPERTY
MAP PARCEL NAME (ADDRESS
005 Y
*other applicants
William J. Yameen, Evon M. Yamee , Kenneth [aim. Yameen
ABUTTERS
MAP PARCEL NAME ADDRESS
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CERTIFf 1� DATE Z
ASSESSOROFFICE i
REV 06.03.96 R
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r LOTS SURROUNDING YAMEEN LOTS ON GREAT POND
Assessor's # Name Frontage Area Book/Page
A 59 Ragonese 150 1 . 14 AC 3250/177
B 58 Bouffard 150 1 . 13 AC 3835/245
C 108 Gonsalves 150 45, 894 sf 2677/72
D 61 Matthews 150 48, 200 sf 2677/73
E 5 Yameen Proposed Lot A 150 2 . 89 AC
Proposed Lot B 150 51, 269 sf
F 51 Marchand 150 1 . 28 AC 1377/184
G 57 Averka 150 1 . 23 AC 1042/466
H 4 �/ Haphey 400 154 , 300 sf 1853/336
I 38 Haphey 100 0 . 92 AC 1853/337
J 11 Dolloff 130 1 . 72 AC 4531/26
K 40 Briggs 150 58, 500 sf 1876/22
L 43 Minicucci 150 61, 477 sf 2896/6
M 39 Palmisano 199 . 8 81, 273 sf 1383/295
N 3 Desmond 200 93 , 300 sf 3858/339
0 18 Rullo 200 93 , 300 sf 3576/106
French Farm Lots
Lot# Frontage Area Pian No.
P 92 Lot 31 150 44 , 543 sf 8296
Q 91 Lot 30 150 43 , 776 sf 8296
R 90 Lot 29 150 43 , 838 sf 8296
S 89 Lot 28 150 43 , 590 sf 8296
T 88 Lot 27 150 43 , 618 sf 8296
U 87 Lot 26 150 43 , 901 sf 8296
V 86 Lot 25 150 44 , 512 sf 8296
W 85 Lot 24 150 43 , 949 sf 8296
X 84 Lot 23 150 45, 230 sf 8296
Y 83 Lot 22 150 46, 740 sf 8296
Z 82 Lot 21 150 48 , 242 sf 8296
AA "81 Lot 20 150 46, 562 sf 8296
1 . Of the 26 other lots shown above, 22 have 150 ' frontage or less .
2 . Of the 26 other lots shown above, 23 have less than 2 acres of area .
N/F BAF.'KE R S TREE T
41�? 7�
LOT A M � ' • �
'REA= 99,147 SF.
• :� 1
�rF'RrEn�ra C�C.�£NS�rOt1 :: -� h /- •o't
AREA � PLOP, r
W.F.D V)
�(� ,N
. arm okf.lk u-)
.. _ ,ro
PROP. SEAT.R ANGUT
150.00'
evergreen sapings (either arborvitae (Thuja spp.) , spruce
(Picea spp.) or fir (Abies sp.) planted at 8' spacing for a
distance of 200' (min. sapling height: 6) 25 specimens
birch (Betula spp.) saplings planted at 20'.intervals for a
distance of 200' (min height 8') 10 specimens
Landscape Plan Client FIGURE 4
Great Pond Road Ken Yameen Wetland Consulting
Borth Andover, MA 1077 Osgood Street Services
No. Andover, MA► 01845 l5 Bisson Gane
SCALE: Merrimac MA 01860
1" =40' Sept Job No.1997 Yame-1 978-346-9857
WETLAND CONSULTING SERVICES
15 Bisson Lane,Merrimac,MA 01860 Phone/Fax(508)346-9857
September 15, 1.997
WCS Job#Yame-1
William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
146 Main Street
North Andover, MA 01845
RE: Landscape Plan, Yameen Property, Great Pond Road, North Andover,MA
Dear Mr. Sullivan:
The Zoning Board at its September 9, 1997 meeting requested that a landscape pian be prepared
to address abutter's concerns for Mr. Ken Yameen's plan to develop 2 single family homes off
Great Pond Road. These concerns focused on providing a visual barrier to the new house
proposed for construction on Lot A.
The Board proposed that a 150' vegetative screen be planted along the northern property line of
Lot A. This screen would consist of a mix of evergreen and deciduous plant species. The
attached landscape plan (Figure 4) represents our effort to satisfy the Board's condition.
We propose to plant 25 evergreen saplings (minimum sapling height of 6') at 8' spacing a length
of 200'. Behind the evergreens (to the south), 1.0 birch saplings (minimum height of 8') would be
planted at 20' intervals the full 200'. The slower growing evergree:�s would provide a perennial
screen, while the faster growing birch would over time screen much of the house from viewing
during the summer and fall seasons. We feel that a 200' screen, instead of the 150' screen
proposed by the Board, would more adequately address abutter concerns.
We have not proposed species of evergreen other than they would consist of either arborvitae
(Thuja spp.), spruce (Picea spp.) or fir (Abies sp.). Similarly, we only propose that some species
of birch (Betula spp.) be planted. The will afford the prospective buyer some opportunity to
select the specific plant species they prefer.
We hope this plan is sufficient to satisfy both the concerns of the Board and the abutters. If you
have any questions, please feel free to contact me.
Sincerely,
Wetland Consulting Services,
Robert Prokop,
Wetland Scientist
attach.
cc: K. Yameen
T. Caffrey