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HomeMy WebLinkAboutMiscellaneous - 166 SALEM STREET 4/30/2018 (2) f V �I CCi f []Vat ❑sP Finding Appiieatim flW am 01 Hearing due on; - --- Decision due on Q iII I f � � I 1 I I F I TRcImWJdcNAZBAApplication orm An Missing: I i goD$ o t 1 r S M E AD No. 1,3C jlpc 15330 �,Aade ifcLIQ JySKEGYClFO 1 ����ss �, - --__ `_ i i W I Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman No DTy �4 »°�do Associate Members Ellen P.McIntyre, Vice-Chairman ,�? 4 c� Thomas D.Ippolito Richard J.Byers,Esq.Clerk i°- Daniel S.Braese,Esq. Joseph D.LaGrasse Richard M.Vaillancourt "*" :q' 4.. �SSgCHU`+�� i North Andover, Board of Appeals Information is hereby given that the North Andover Zoning Board of Appeals will consider the request of John Cahill, 166 Salem Street(Map 37.1), Parcel 21), North Andover, MA regarding a Permit under Section 5, Paragraph 5.6.2 of the Zoning Bylaw in order to remove 3,655 cubic yards of excess earth material from a proposed residential subdivision project that involves the addition of three new single-family homes and a new 292' road to the existing 2.3 acre lot and existing single family home. The request will be heard in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 14th of October 2008 at 7:30 PM. Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. North Andover Board of Appeals j Albert P. Manzi, III, Chairman I 2008-011. M37.DP21, 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com i a 6 � .�4 { � III 1 1. - 2i � � w y i ' .. ( .'f OSx +qx -�`7� �- a-� �- c�r;5� �- 5���,' i p ZBA 5.5.4 Date ��.. odT NOR7ly � - •: TOWN OF NORTH ANDOVER o m 9 RECEIPT. `r$ACHUSfa 4" . This certifies that�,��?t"ai�.k�...� .��........ .. ,. ,.�.... .t.�. �. tl has paid foa.� .�, .... C,.� .. ..��.�...��.. ,�..��...... .� l.^.�.....:.. ... 1— � . wReceived by..... .,. .E .'n'......... ... ................... Department...... ..._.. ............. ..................... ......... ............... vi WHITE: Applicant CANARY:Department PINK:,Treasurer Zoning Board of Appeals -Decision North Andover- Hearing No.:2008.011-1959 Date: October 2, 2008 APPLICATION TYPE: SUBMISSION DATE: Flndln 9110/2008 Applicant's Name: Owner's Name: NAME: NAME: CAHILL,JOHN JONES REALTY TRUST LEW/S J&BEVERLY ADDRESS: ADDRESS: 166 Salem Street 166 SALEM STREET TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01846 NORTH ANDOVER MA 01846 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS Site Information: Surveyor's Name: STREET NO.: SITE ZONING: COMPANY NAME: 166 SALEM STREET TOWN: ACTION TAKEN: ADDRESS: NORTH ANDOVER MA 01846 MAP: BLOCK LOT: MAP DATE SECTION OF BYLAW: 037.D 0021 Section 6:Earth Materials Removal TOWN: STATE: ZIP CODE: Book Page. 626 1112 PHONE NO.: FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Permit under 6.6.21n order to remove 3,666 cu.yd.of excess earth material from Proposed residential subdivision involving 3 new single. family homes&new 292'road to existing 2.3 acre lot 8 single family home. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE: 11/14/2008 FIRST ADVERTISING DATE HEARING DATE: VOTING DATE DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 12/19/2008 12/19/2008 MEMBERS PRESENT: VOTE MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMSO 2008 Des L,auriers Municipal Solutions,Inc. 01/07/2009 10:36 9783723960 CHRISTIANSEN & SERGI PAGE 01/01 Town of North.A ndovez ZONING BOARD OF APPEALS Albert P.Msnxi 11f,Eq.Charmm )?,Nen P.McIntyre,Vin Chdrm4w o4 MORroe Richard).Byer6,Eoq.ChrAt Richxed M.%Id6nmun �o lldimme Menrde►r M 171oma6 D.rMi6ap Dacucl S.B"fte,Haq. *$'►�ae^w. 1� M,iclael P.Uporm �gawtnu�t~ Town Clerk.rime Stamp Date / ._ 7 - Z DO 2 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North AAdover MA 01845 Please be advised that I wish to: withdraw my Variance Special Permit Comprehensive Permit(40B) Petition without prejudice from the North Andover Zoning Board of Appeals agenda for Property located at: STREET: ��G> .p,r►,► � ' MAP(S): PARCEL(S): — i TOWN: North Andover MA 01945 NAME OF PETITIONER: &Jc* Sliref R,% Joh n ca.A i 1 SIGNED: Pe over(or petitioner's representative) I 1600 ft00d St..Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 W6-WavW.rownornorthandaver. JAN 7- 211 BOARD OF APPEALS Glennon, Michel From: Lois Christiansen [lchristiansen@christiansonsergi.com] Sent: Thursday, December 11, 2008 9:39 AM To: Glennon, Michel Subject: RE: 166 SALEM ST EARTHWORKS PERMIT Thanks. Planning hasn't reached a decision, so we were going to request a continue. This time it worked out. Thought I was so efficient filing both permit requests at the same time. Guess I should have waited until Planning . was finish. Next time I will know. Lois -----Original Message----- From: Glennon, Michel [mailto:mglennon@townofnorthandover.com] Sent: Wednesday, December 10, 2008 3:18 PM To: Lois Christiansen Subject: RE: 166 SALEM ST EARTHWORKS PERMIT Hi, Lois; Sorry, I should have sent you a tickler about 12-9-08. The Board continued you to Jan. 13 . Mich. -----Original Message----- From: Lois Christiansen [mailto:lchristiansen@christiansensergi.com] Sent: Tuesday, October 14, 2008 2:37 PM To: Glennon, Michel Subject: RE: 166 SALEM ST EARTHWORKS PERMIT Thanks. -----Original Message----- From: Glennon, Michel .[mailto:mglennon@townofnorthandover.com] Sent: Tuesday, October 14, 2008 2:04 PM To: Lois Christiansen Subject: RE: 166 SALEM ST EARTHWORKS PERMIT Chairman Manzi's response: Definate continuation to November. We' ll re-visit December in November. Mich. -----Original Message----- From: Lois Christiansen [mailto:lchristiansen@christiansensergi.com] Sent: Tuesday, October 14, 20081:15 PM To: Glennon, Michel Subject: 166 SALEM ST EARTHWORKS PERMIT 1 HAVERHILL, MA 01830 978.373 . 0310 FAX: 978 .372 .3960 j 2 Glennon, Michel From: Lois Christiansen [Ichristiansen@christiansensergi.com] Sent: Tuesday, October 14, 2008 1:15 PM To: Glennon, Michel Subject: 166 SALEM ST EARTHWORKS PERMIT On behalf of our client, John Cahill and his property at 166 Salem St. ; I request that the discussion of the earth works permit application be moved to the December, 2008 ZBA meeting. we have filed this application coincidential with a Definitive Subdivision application with Planning and would like the ZBA meeting to take place after the application is heard in Planning which' is now tentatively scheduled for late November. Thank you, Lois Christiansen CHRISTIANSEN & SERGI, INC PROFESSIONAL ENGINEERS &" LAND SURVEY 160 SUMMER ST. HAVERHILL, MA 01830 978.373 .0310 FAX: 978.372.3960. - r uk.I 14 SOARD OF APPEALS 1 3. Where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary by order of any other Board or Agency of the Town, such excavation,:-removal, stripping, or mining, if in excess of one-thousand (1,000) cubic yards shall be governed by the provisions of Section 5.6 of this Bylaw. 4. Excavation, removal, stripping, or mining of earth incidental to improvements shall be governed by the provisions of Section 5.6 of this Bylaw. 5. All earth removal, excavation, stripping or mining as allowed under this paragraph shall be governed by the provisions of Section 5.6 of this Bylaw. 5.6 Miscellaneous Removal of Earth 1. Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Section 5.5 is permitted provided the excavation, removal, stripping, or mining is necessary for the improvements of development of the property on which the excavation or removal takes place. 2. Excavation, removal, stripping, or mining of aggregate quantities of less than fifty(50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is on quantities in excess of fifty(50) cubic yards but less than one- thousand (1,000)cubic yards, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which requires the excavation, removal, stripping, or mining of soil in excess of one-thousand (1,000) cubic y dar but less than five-thousand (5,000) cubic yards, a Permit maybe granted by the Board for such ,removal without a public hearing�However, where the excavation, removal, stripping, or mining exceeds five-thousand(5,000)cubic yards,then a public hearing will be necessary and the Permit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The Permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six(6) inches and that the removal is to be controlled by the appropriate section of Paragraph 5.7 (Operating Standards). It is further provided that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of this Zoning Bylaw. 5.7 Operation Standards 1. Time of Operation a. Excavation and site maintenance may be carried on from 6:30 a.m. until 7:30 .m., Monday Y P Y through Saturday. b. Trucking from the site may be carried on from 7:00 a.m. through 6:00 p.m., Monday through Saturday. c. An Operating Hours Extension Permit for trucking until 9;00 p.m. for no more than three(3) consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yards to be hauled. 2. Site Preparation a. Only the active area described in the Permit application may be made ready for earth removal. b. No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. Allwood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. c. Stumps shall be buried in pre-designated areas as shown on application plans. I �3 ✓. 3�'a..•.' ° OL N 'A FINDING SSHCHUS� r��,t ED TOWN OF NORTH ANDOVER 2000 SEP 1 Q I�► ' �< ZONING-BOARD OF APPEALS Fj NAME: JOh�tyNAME: cA14t��'' '�4 a ; ADDRESS OF APPEAL: t.66 , sA-.e_E7v� s✓ j�bwM clerk Time Stamp Procedure & Requirements. for an Application for a Finding g Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicantfor a hearing date and prepares the legal Zonin2 Board of an a2plication as incomplete. notice for mailing to the parties in interest (abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper publication. STEP 2: FINDING APPLICATION FARM: STEP 8: PUBLIC HEARING BEFORE THE ZONING - BOARD OF APPEALS: Board of Appals ioner fog yap application tin fog. All 'rm'to petition the The petitioner should appear in his/her behalf, or be tiOnt required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. Iti STEP 3: PLAN PREPARATION: - Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy-of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: sent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts ' a certified list of Parties in Interest (abutters). General Law ch. 40A§ 17, within twenty(20) days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and ten (10) Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's p q the decision and any accompanying plans at the Essex Office to be ce �.-d b the Town Clerk with the time me County, North Registry of Deeds, 384 Common St., and date of filing. The original will be left at the Town Suite#304, Lawrence MA, 01843 and shall complete the Clerk's Office and the 10 Xerox copies will be left:with � the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. Ii1PfiYriiFti6iiiiii3�SliEi&liiiii�if&iiliiiiiiiiFiiiii➢ifiiiiiYtiii�l�eiiflifii3iLiiiiiiiisi96ii�ii83ffiP[iF�6iY'�tiit6i�ii&iiiFi�i66iiiliiit'iiflF2eFiijFiEiiiifi6iiiiiiit�t€iliillyii�it(@[iFii6i�i�ii�ifiiiiii�i IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G Please complete all items 1 -11 below: 1. Petitioner: *Name, *Address and telephone number: Jot+ iJ CA i+j LL. M0 _ AN boy c=p- /VIA 97, `'"The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: [b6 sk L.�M 1106 - SA 64FA �Jo . A_-Nnou &-g A/tA IF q3 97g - 9'8 (- -o /[ Years Owned Land: I L4 e&A.- 3. Location of Property: - - - X66 SALEM ST - - - Zoning District: a. Street: b. Assessors: Map number: _ 37 D Lot Number: Z c. Registry of Deeds: Book Number: Page Number: /9's 4. ,Zoning Bylaw Section(s)* under which the petition for the Finding is made. s 1=L7z AJ vo VT *Ref .. ^ er to the Zoning Bylaw Denial and Plan Review Narrative form as supplied-by the Inspector of Buildings. 5: Describe the Finding request: 1146 SPfDAL REgM>T REQUEST 15 TD ALLOW Fp,e 714E REMaUArL OF 365SC ydS _OF ew-' -5s Eigkl+ 1VAJ =P—lfrL FR>7M A PROPOSED ReSI A/rrai UQDNIS/Dll) 203� _I14AT FS TIE CoNSTWCT711iV OF THREF p4EW S/eV(oLE FAMiL�/ l+oMES (� -f1 N 2_9Z/I The,above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that.does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s),that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. A B. I I i Page 3 of.'4 F NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI ND I N G .a -. „t - ,F...�,. ��t,.r.;,.�,,.:vF. .',� ..d„sir. -'..;5'-rll eixza.�.�..��...s, �'�.:rx�E. ��'3 ������""��`•t� .f--+-�- �,��..��y: 6 B. Existing Lot: Lot Area Open Space .Percent Lot Frontage Parking Minimum Lot Setback � Sq. Ft. Sq. Ft. Coverage ` Feet Spaces Front Side A Side B Rear Luf ( z5',006 f40, 3Y lVf+ NA NA N4 N Q $? a4 E3 ( y' �S` 7 200 6 C. Proposed Lot(s): ► Lot Area Open�Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear L(Of- (A 2S,00y z(,ono _ _semYG.. 3/_. NA 'C,+ 2.A 3a, r�9 A7, 1f/ t� ��3 �r 3 S3 NA Lot u� 25 Ise' aT 5'I rr / LA-fat.Dong' Ian Q2 r 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback l Sq.Ft. Sq. Ft. Coverage Feet , Spaces Front Side ASide B Rear ZS,04V N A N A / 2 + r ( / , 30 Zb z0 30 7A. Existing Building(s): �I Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** I'LOf Z `L, Zfo.3 - `f 3?6 I1.0f 1 (YA (1N uevei-oPEl:�) *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): s � P g( ) j Ground Floor Number of Height Total` Use of Number Square feet Floors Sq.feet Building* of Units** �a. (A-IA Z OOG. �F�0075 SlN�L� PAIV+ILEI �C;��7 i Lot-3_ /900 .356 sing r�LI= CL— L,,4- l — (�—q°—U- — 33- s f�cc - yam t L y . R�3 i1� u cfs f *Reference Uses from the Zoning Bylaw&Table 1. '"*State number of units in building(s). ` 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or.the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning and of this application as complete. j Signature: i Type above name(s) re: F. CAH ( LC. 4� i I PAGE 4 of 4 FINDING 9.. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all. facts relied upon.All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting 1) Site Orientation shall include: a Finding from the requirements of MGLA ch. 40A, and 1. north point the North Andover Zoning Bylaws. All points, A-C, are 2. zoning district(s) required to be addressed with this application. 3. names of streets 4. wetlands (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300' radius B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties proposed extension or alteration shall not be more within 50' from applicants proposed structure substantially detrimental than the existing non- 7. deed restrictions, easements. , conforming use. - II) Legend &Graphic Aids shall include: C. Address all appropriate details of the Building 1. Proposed features in solid lines & outlined in red Commissioner's denial. 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 10. PLAN OF LAND5. Title of Plan Each application to the Zoning 6. Names addresses and phone numbers of the Board of Appeals shall be - applicant, owner of record, and land surveyor. accompanied by the following described plan(s). Plans 7. Locus. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30) days 10. D. Minor Projects prior to the public hearing before the Zoning Board of appeals. Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with A set of building elevation plans by a Registered an asterisk ("). In some cases'further information may Architect may be required when the application be required involves new constructioniconversion/andior a proposed change in use. 11. APPLICATION FILING FEES 10. A. Major Projects 11.A. Notification fees: Applicant shall provide a check or money,order to: "Town of North Andover"for the cost Major projects are those which involve one of the following whether existing or proposed: of first class, certified, return receipt x#of all parties in I)five.(5)or more parking spaces, interest identified in MGLA ch. 40A§11 on the abutter's list for the legal notice postage check. Also, the II) three(3) or more dwelling units, applicant shall supply first class postage stamps;x the# III) 2,000 square feet of building area. of parties of interest on the abutter's list for the decision Major Projects shall require, in addition to the,1OB. & mailing. 10 C. features, that the plans show detailed utilities, soils, and topographic information. .11. 13. Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies *10. B. *Plan Specifications: for the Legal mailing and one copy for the Decision I) size of plan: Ten (10 ) paper copies of a mailing). plan not to exceed 11"x17", preferred scale of 1"=40'. 11. C. Applicant shall provide a check or money order D) One(1) Mylar, with one block for Registry to:"Town of North Andover" per 2005 Revised Fee Use Only, and one block for five (5)ZBA signatures and Schedule. date.. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. - Please note that plans by a Registered Professional { 4 Earthworks Special Permit for 166 Salem Street A. The particular use proposed for the land or structure: The subject parcel is located at 166 Salem Street. The land currently contains a house with outbuildings on a 2.3 acre lot and a recently created undeveloped 25,000 square foot lot. The assessor's reference for the parcel is Map 37D,Lot 21. The deed for the property is recorded in the North Essex Registry of Deeds Book 10952, Page 185. The owner of the property, and the applicant for the Special Permit, is 166 Salem Street Realty Trust. "The Captain Nathaniel Berry Homestead" Subdivision will consist of the construction of a 292 foot long residential street and three new single-family homes. B. Facts relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non-conforming use: The earthworks required to construct the subdivision will result in an excess volume of 3,655 cubic yards of earth material that will have to be removed from the site. Since the volume of earth materials to be removed is,between 1,000 and 5,000 cubic yards, a Special Permit is required under Section 5.6 of the Zoning Bylaw. The total area of land to be disturbed will be 2.10 acres. This is less than the 5 acre maximum allowable active development area. The entire 2.10 acres to be disturbed will be the active development area. The accompanying Earthworks Special Permit Site Plan depicts the existing and proposed conditions of the site, and includes the locations of the proposed improvements,the proposed grading plan,the proposed limit of work,the location of proposed sedimentation control, and calculations describing the volumes of earth materials to be moved on and off the site. C. Address all appropriate details of the Building C'ommissioner's denial: Not applicable Plans prepared by Christiansen& Sergi and attached for this Special Permit Application: Earthworks Special Permit Site Plan, "The Captain Nathaniel Berry Homestead", dated 9/3/08 Cut&Fill Plan, "The Captain Nathaniel Berry Homestead" dated 9/3/08 ling Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT, NGL 40A,Section 11 states in Part"Parties in Interest as used in this chapter shall mean the abutters,owners of land directly oppositeon an Petitioner, three hundred(300)feet of the property line of the upetitioner as theay,and abutters to abutters within y appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the.planning board of the city or town,and the planning board of every abutting city or town." Subject Property. MAP PARCEL Name 37.D 21Address Ryan Cahill,Trustee 166 Salem Street,North Andover,MA.01845 166 Salem Street Realty Trust Abutters PropertieMaos Parcel Name 37.D1 Address Mary Hart 226 Salem Street,North Andover MA 01845 37.D 44 Michael Collins 37.D 23 224 Salem Street,North Andover MA 01845 Arnold Stork 222 Salem Street,North Andover MA 01845 37.D 22 Kieth Mitchell 37.D 45 188 Salem Street,North Andover MA 01645 37.D Nancy Pace 150 Salem Street,North Andover MA 01845 19 Peter Devlin 175 Salem Street,North Andover MA 01845 37.D 18 Ridgewood Cemete I 37,D 40 ry PO Bax 22,North Andover MA 01845 Ellen Florino 163 Salem Street,North Andover MA 01845 37.D 48 Timothy Maynard 60 Leanne Drive,North Andover,MA 01845 37.D 28 Lee Knowles 37.D 20 151 Salem Street,North Andover MA 01845 Charles Trafton 137 Salem Street,North Andover MA 01845 37.0 14 Elke Ehrig 37.0 17 177 Great Pond Road,North Andover MA 01845 Mary Hart 226 Salem Street,North Andover MA 01845 37.0 18 CMTF Limited Partnership 881 East Street.Tewksbury,MA 01876 This certifies that the dames appearing on the.. records of the Assessorsffi a Certified by' I I I , I �2" �APL- \ \ \ \ \ \ \ 40� � � 0 40 80 FT N \ \ \ ` 12" O�K \r, \ \ SCALES 1 " = 40' \ \ \ a0 12" ASH \ \ \ \ 24 FN X 6.0 HOUSE ` ► \ �. F\LR. N `�` 12' MAPLE 150 \ �25 �U�/ PA•. \ \ \ \ \ 16" MAPLE �1aa� \ ;��. ti \ \ yrs � - \ / 18" PINE* j.. 18" MAPLE o� ♦ \ ` \ p 18" PINE 12° DBL. OAK I 0" 12" MAPLE �2" MAPLE 1 \ \ \4`\ 20" PINE/ 1 " QUAD. MAPLE N I � N �j TOP :SND I N \\�\ 220;kOp I N \ L4�MAPLE \�\ GA FIR. o \ \ \ \ 225.0 ��\��`� / . \. GP5 \ �, �— 224, \ \ X16 36" PINE LOt\2A CN t / a MAPLE 36" BEECH HOUSE 6" PINE #166 \ �` N JE \ TOP FND. 40" TINE \ l - 226.08 \ \ Q 2?6 \ \ \ -226 \ \ j y LOT 1A \ N 30" MAPLE \ 1 O 16° APLE \\\ \ TOP j _ ��" \\ \ \ = 228.0\ 24MAP GAR. FLR. 226.0 36° MAPLE \ � t 1 HOUSE 24" MAPLE 'I I #188 12" nAPLE 24 M PLE I A / o KEY L/M1T OF GRADING218- / -216-�- �� AREA OF FILL ,(DEEPER COLOR = HIGHER FILL) AREA F _ 0 CUT (DEEPER COLOR DEEPER CUT) CUT & FILL PLAN FOR THE CAPTAI N NA THAN/EL BERRY HOMESTEAD LOCATED AT 166 SALEM STREET IN NORTH ANDOVER., MASS. SCALE: 1" = 40' DATE: SEPTEMBER .3, 2008: CHRIS TIA NSEN SERGI PROLAND OSURVEYORSEERS 160 SUMMER ST. HAVERHILL, MA 01830 TEL. 978-373-0310 2006 BY CHRISTIANSEN & SERGI INC. DWG. NO. 97039008 EARTHWORKS Residential Property Record Card PARCEL_ID:210/037.D.0021-0000.0 MAP:037.D BLOCK:0021 LOT:0000.0 PARCEL ADDRESS:166 SALEM STREET. FY:2008 -R.,r PARCEL INFORMATION Use Code 101 "� SalePnce 100 • " Book 06625 Road Type -T Inspect Date , 06/06%Z002 Owner: Tax Class - T Sale Date 01/22/02 Page _ 0112 Rd Condition P Meas Date 06/06/2002 JONES REALTY TRUST Tot Fm Area 4376 'T -ype pP CortiDoc s Traffic` M Entrance C C/O 166 SALEM REALTY TRUST Tot Land Area 2 89 Sale Valid: F Water Collect Id RRC Address: Grantor JONES,LEWIS :Sewer: Inspect Reas C SALEM STREET NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LP/o Indust-B/L% / Open Sp-B/L% / NO RESIDENCE INFORMATION LAND INFORMATION Style: CL Tot Rooms 9 Marn Fn Area: 2263, Attic Y NBHD CODE 7 NBHD CLASS:-7 ZONE R3 m. -. .. __. .m.-_ Story Height: 2 35 Bedrooms: 5 Up Fn Area:----, 2113 Bs mf Area 1216 - Seg Type Code Method Sq Ft "Acres Influ Y/N `"Value Class q . . ., e . _ ,... . - - 1 _. . .. . Roof: G Full Baths '3 AcJd Fri"A'r'ea Fn sm. Area.,. P 101 S 43560 1.000 A 224,769 Ext Wall.­ FB Half Baths'_'y_` "Un _.. is 4 .m!` 2 R 101 A 0 1.890 14,364 fin Area: 425 Bsmt Grade:�'� Mason Tnm "- ry vy Ext Bath Fix 0 Tot Fm Area 4376 DETACHED STRUCTURE INFORMATION Foundation CN Bath dual . 0 �-RCNLD 455530 .. _.... .;.. _._ SW Unit--'.(Vlsr;�1 Msr-2 E-YWBIt e Cond Grad %Goad P/F/E/R` 'Cost< Cl Kitch Qual T Eft;Yruilt, 1.965 Mkt Adt. _ _.. .. Heat Type ST Ext Kitch Year Built 1750 Sound Value PG S 512 0.00 1988 A A 50///5015,900 Fuel Type O' Grade GV Cost Bldg 455;51 9;y SE C 2 0.00 1988 A A ///89 200 f=ireplace. 6 Bsmt Gar Cap: Condition: A� -Att StrVal i. G1 S 720 0.00 1988 A A 50///50 10,000 Central A,,-: N Bsmt Gar SF" Pct Complete' ' Qtt Sfr Vail PT S 456 0.00 1988 A A ///89 2,400 GarSF:- � _%Good P/F/EIR:� /100/1 -�00/79 CB S 334 0.00 1988 A A ///89 17,100 VALUATION INFORMATION Porch Type Porch Area Porch Grade Factor Current Total: 740,200 Bldg: 501,100 Land: 239,100 MktLnd: 239,100 P 8 Prior Total: 770,500 Bldg: 518,800 Land: 251,700 MktLnd: 251,700 S 242 SKETCH PHOTO 2.6 26 - ' r , FM_<, 2153 Sq:Ft 013 _ FU 2113S4. . 10110 aq.Ft 45 UV.35,.. .. . 1a: 1216 StI.t S 2 42q.Ft I q.Ft 22 22 ss Parcel ID:210/037.D-0021-0000.0 as of 9/10/08 Page 1 of 1