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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`+��
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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
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TOWN OF NORTH ANDOVER
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RECEIPT.
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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): —
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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.
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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�
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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