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HomeMy WebLinkAboutMiscellaneous - 205 DALE STREET 4/30/2018JOHN & KAREN VINCENT 11 Bear Hill Rd North Andover, MA 01845 December 8, 2009 Mark Rees Town Manager Town of North Andover 120 Main St North Andover, MA 01845 Dear Mr. Rees: We have a series of issues that cross multiple areas of responsibilities with which we request I have been a life-long resident of North Andover for nearly 40 years. My wife and I have li ed a 1 Bear Hill for 9 years. We have serious concerns regarding our neighbors at 205 Dale Street. Those concerns can be categorized as: • HORSES • PIGS • TRAILERS • DOGS • TRASH I am not referring to the traditional "barking dog" complaint but rather issues of Quality of Life, Legal, and Financial Impact. The attached document outlines our observations, concerns, and questions regarding legalities. As these types of issues are sensitive and potentially explosive, I ask that you use discretion. I am seeking your assistance and guidance in obtaining resolutions. Thank you for taking the time to address this situation with us. Sincerely, JOHN E. VINCENT 978-682-5561 978-857-1717 john.vincent@avnet.com f HORSES What is the LAW regarding # of HORSES that can be held? (1 per acre?) ➢ Attached photo of at least 5, plus more "visitors". Anything we can do regarding the manure smell? ➢ If the law is being violated with an excessive #, it's reasonable the resulting smell is excessive. What is the LAW regarding pooper scooper for riding horses on public streets? ➢ Do not follow behind nor have a "catcher" attached. Animal Control did not know the answer. �J What is the LAW regarding permission to keep PIGS on a property? 1' ➢ Is it Allowable? Proper permits obtained? ➢ Noise and Smell. What can we do? Were Permits required to construct a pig pen structure? ➢ Structure is within the Wetland Guidelines. ➢ Land is sloped toward Wetlands. Effect of FECAL run off during rain. T A L RS77777 What is the LAW regarding # of TRAILERS that can be kept on a property? ➢ 2 Horse trailers, 1 Full-size Camper, and at least 1 more on the back property. ➢ In addition, 18 -Wheeler Cab and occasional Car Trailer. ➢ Commercial Plate Law for residential properties in North Andover. Are permits required to store trailers, given proximity to Wetland Guidelines? ➢ 50 — 100 feet. DOGS ` What is the ESCALATION PATH for unsatisfactory resolution to complaints to Animal Control? ➢ LEASH LAW violations — Jack Russell & Mixed Breed. ➢ Urination and defecation on our land and personal property. o Observed occurrences to Grill, Patio, Deck, Mailbox o Had to scrap my child's outdoor playset because it reeked of urine ➢ My 3 -year old child was frightened when Mixed Breed ran through my yard. ➢ Over the years, at least 20 occurrences 0 2 personal visits by us 0 15 reported to Animal Control ➢ Multiple requests, to Animal Control, for documented reports and escalation with none provided. ➢ Responses received from and accepted by Animal Control o Dogs are more afraid of the children than a threat to them o Told my wife I'd get rid of them, if this isn't fixed o Didn't realize the dog got out o Batteries in invisible fence collar must be dead (multiple times) o Dog is getting old and won't be around much longer o Animal Control — "Husband is a nice person but the wife's a real pain" TRASHIN YARD: What is the LAW regarding an acceptable amount of residual trash lying around one's property? fj ➢ Multiple propane tanks ' ➢ Wood Construction material ➢ Tires & General Garbage a k� OPP IM. 32g Fr soh .: [%i T a u x f s a+ �g 7 .w .:f.•• 'fig , Y- NORTH C_-�!� O� ,,t'_e D , 6 q4, .i? et O e� coc.iuwiwrtw PUBLIC HEALTH DEPARTMENT Community Development Division MEMORANDUM To: Curt Bellavance, Community Dev. Dir. From: Susan Sawyer, Public Health Dir. Date: December 23, 2009 RLThis 205 Dale Street memo isin-regards to the December 8' letter, written to Mark Rees, concerning 205 Dale t. Below are the following items taken from the letter, which are within the purview of the Health Department. 1) The property at 205 Dale Street, also known as "Afterthought Farm", annually applies and receives an Animal Permit from the Health Department. See attached their current permit. The premises are inspected annually by the Town's Animal Inspector. These reports are for the state and are not submitted to the Health Office; however the Health Office has not received any knowledge of violations. Please note the types and numbers of animals are for reference only. If they change or vary in minor ways it does not affect the permit. 2) Pigs — The types of animals on a property are not regulated by the Animal Inspector or the Health Department. The Animal Inspector inspects barns primarily for the health and safety of the animals, however extreme smells may be affiliated with the proper operation of the farm and could be discovered upon inspection. 3) Trash — The Housing Code requires owners of property keep their property free of debris that may cause concerns of "health and safety, and well-being of the occupants of any dwelling or of the general public". Items that are of the category of an eyesore; such as wood, metal etc. generally do not meet the criteria of 105 CMR 410.602 (a). It is recommend to all owners that items such as tires or buckets that have the ability to hold water the be regularly dumped out, to control mosquitoes, but there is no current law requiring property owners to comply. 4) Noise and Odor are regulated by the Department of Environmental Protection, but may be enforced by numerous departments DEPARTMENT OF ENVIRONMENTAL PROTECTION 310 CMR 7.00: AIR POLLUTION CONTROL Section 7.09: U Dust, Odor, Construction and Demolition (1) No person having control of any dust or odor generating operations such as, but not limited to .......... agricultural operations and street sweeping shall permit emissions there from 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com which cause or contribute to a condition of air pollution . (4) No person shall cause, suffer, allow, or permit the handling, transportation, or storage of any material in a manner that results or may result in emissions there from which cause or contribute to a condition of air pollution. If the complainant would like to request action by this office, proper procedure is to begin by submitting a complaint; verbal or written to the Health Department, and the complaint will be followed up. Please note that the violations must be observed visually or in the case of odors, inspectors must be able to detect the problem. For this reason, we recommend initiating complaints and requesting an inspection when there is an actual occurrence of a concern. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com COMMONWEALTH OF MASSACHUSETTS NUMBER BHP -2013-0501 North Andover BOARD OF HEALTH FEE $35.00 Sandra J. Timmons - AFTERTHOUGHT FARM DATE ISSUED NAME March 01, 2013 205 DALE STREET -------------------------------------------------------------------------------------------------------------------------------------------------------------------- ADDRESS IS HEREBY GRANTED A Animal Permit an Animal Permit This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires -------------- February -28,201-4 ------------unless sooner suspended or revoked. RESTRICTIONS: Acreage: 3.0; 6 Equines; Private stable use NOTES: Contact: 978.685.7166 or 978.764.4343 I: 6 • ,1 -------- - ------------------------------- HEALTH tT:`---------- --------------------------------------------------------- ------------------------------------------------------- BOARD OF HEALTH CHAIRMAN ......................................................................................................................................................................... 205 DALE STREET Reference No: BHF -2004-000149 Permit No: BHP -2013-0501 Department: ................................... North Andover BOARD OF HEALTH ......................................................................................... Account No: 1001001.1.5.0510.00 FeeType: .................................... Animals Receipt No: REC-2013-001168 ......................................................................................... .................................... Paid By: Paid in Full On: Mon Feb 25,2013 Sandra J. Timmons .................................... ......................................................................................... Check No: 147 Received By: ................................... Lisa Blackburn ......................................................................................... DEPARTMENT'S COPY Amount: $35.00 ............................................................................................................................................... .. RECEIVED TOWN OF NORTH ANDOVER Office of COMMUNITY DEVELOPMENT AND SERVICL,MWN 25 1013 HEALTH DEPARTMENT NURTH ANDOVER 1600 OSGOOD STREET; Suite 2035 pEPARTMENT NORTH ANDOVER, MASSACHUSETTS 01845 978.688.9540 —Phone Susan Y. Sawyer, REHS/RS 978.688.8476 —FAX Public Health Director healthdeptatownofnorthandover.com Animal Permit Form www.townofnorthandover.com t , The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the local Board of Health and Zoning Bylaws. ADDRESS/LOCATION OF' ANIMALS: OWNER'S NAME: OWNER'S ADDRESS/LOCATION IF DIFFERENT: Dealer: Yes No TOTAL ACREAGE: Adult Young (number of) 1. Cattle (Adult = 2 years & over) Dairy Beef Steers/Oxen 2. Goats (Adult = 1 year & over) 3. Sheep (Adult = 1 year & over) 4. Swine: Breeders Feeders 5. Llamas / Alpacas 6. Equines: Horses / Ponies Donkeys / Mules Stable use: Private iC Boarding O Rental O Lessons O Training O Name of Appl' nt (PLEASE PRINT) '7. Poultry: Chickens Turkeys 8. Rabbits: 9. Other: 11 10 Signature of Appliceffit Contact Phone Numbers (indicate cell; home; work, etc.) FEE: $35.00 Please make check payable to: Town of North Andover (mail to above address) IF NOT RENEWED BEFORE MARCH 1sT. THE FEE WILL BE DOUBLED TO $70.00 Information requested by the Department of Agricultural Resources Bureau ofAnimal Health — Form 74- 500 BKS — 7103 — 4DBSBBI- 0 Location No. Date Check # / / V 18840 TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ j Building Inspector Location 0 ^ 4 No. Date t zMme,. TOWN OF NORTH ANDOVER A. 9 Certificate of Occupancy $ L7 a•.a Et�j♦ Building/Frame Permit Fee $ _ 0 ACMUS Foundation Permit Fee $ Other Permit Fee $ TOTAL $ ('700 Check #� 18896 Building Inspector / TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING BUILDING PERMIT NUMBER: DATE ISSUED: t� - am` SIGNATURE: Building omdissionerfl Date SECTION 1- SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map and Parcel Number: Map Number Parcel Number /Zoning 1.3 Information: Zoning District Proposed Use 1.4 Property Dimensions: Lot Area (sf) Frontage ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required Provided R red Provided 1.7 Water Supply M.GL.C.40. 54) 1.5. Flood Zone Information: Public ❑ Private ❑ Zone Outside Flood Zone ❑ 1.8 Sewerage Disposal System: Municipal ❑ On Site Disposal System ❑ SECTION 2- PROPERTY OWNERSHIP/AUTHORIZEDAGENT Historic District: Yes No 2.1 Owner of Record �v �� ZJ 7/7A 1)7 Name (Print) c Address foFSetvice Signature Telephone t✓� �vl/� 2.2 O r of Record: 6� /Y3 6'ice Na Print tAddress for Service: S' ature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Licensed Construction Supervisor: Address Signature Telephone Not Applicable License Number Expiration Date 3.2 Registered Home Improvement Contractor Not Applicable Company Name Registration Number Address Expiration Date Signature Telephone 00 Z SECTION 4 - WORKERS COMPENSATION (M.G.L. C 152 6 2506) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes .......❑ No....... SECTION 5 Description of Proposed Work check sit applicable) New Construction ❑ ...E xis Building ❑ Repair(s) ❑ Alterations(s) Addition Accessory Bldg. ❑ Demolition ' ❑ Other ❑ Specify ' Brief Description of Proposed Work: SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item Estimated Cost (Dollar) to be Completed by permit applicant OFFICIAL USE.ONLY 1. Building t o/ o V (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing Q Building Permit fee (a) x (b) a0 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTHORIATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERIVIIT .f 1,l� %f �/_ �� Q AS: as Owner/Authorized Agent of subject property Hereby authorize to act on My be if in all lative to work authorized by this building permit application. —� SipyWe of mer Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION 1, as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief Print Name Signature of Owner/Agent Date NO. OF STORIES SIZE BASEMENT OR SLAB �} SIZE OF FLOOR TIIVIBERS I L 2 3 RD SPAN '` DINIENSIONS OF SILLS kl- 777 DINIENSIONS OF POSTS DM&ENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING x MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION*********************** APPLICANT f12 as !'S %�1�%J PHONE LOCATION: Assessor's Map Number PARCEL SUBDIVISION LOT (S) STREET DA I j F S4 • �C ST. NUMBER a06 *************** **OFFICIAL USE ONLY*** ****** OF TOWN AGENTS: RVATION ADMINISTRATOR DATE APPROVED DATE REJECTED COMMENT OWN PLANNER," DATE APPROVED / DATE REJECTED_ COMMENTS C INSP TH DATE APPROVED i'/��--•\ DATE REJECTED I DATE APPROVED DATE REJECTED PUBLIC WORKS - SEWER/WATER CONNECTIONS FIRE DEPARTMENT RECEIVED BY BUILDING Revised 9197 jm s / 'J• R DATE zI-a5 (I - Z/ -vS O z I 1 r4 rA W cz F a ; . c c CD C of C H O C i�.) V CL c Na m- :�Q C O c-, m c ' N R H(D cm O J m ._ A Z C N W .L" N m 0 0 aC.3 cbcc no c acz >m ov v yZ ts • C O` C Q C CD y 0 m 0 0 3 a= H N W C O r t .y MD COL O C L= E c3.,Z COS 'a Vi O. mcm - O-0 _ {yp m v H .= f- r s a*m J 0 O O III 4L m H =_ 3 O O a c�a cc O CO Z v O CL CO) C C . C cc CIO 19 W N O a a 0 cz � p C a p C o w u G O G0 w °Cf) cn Q cn a ; . c c CD C of C H O C i�.) 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C w° no O U C w Rr °° O cw C x W O w " cn i� O w 7 O a G x C m cn o E cn A= a N ca s H C cm O m m 0 cm C �C N CD s O Z O O F. uj V♦ W W W cn Pro cd 0 6 z O S6 e N "O M c Q, in .a c 3 o� ro u n2 u'rn m 0 c vs a :2 c ai E� 0 0 a o c D .., N of au LL CL r o m Z o� O aJ u Q 0 O a m llll�,,,, l O FSI O 1� O Yz C U �z �o �w O S6 e N "O M c Q, in .a c 3 o� ro u n2 u'rn m 0 c vs a :2 c ai E� 0 0 a o c D .., N of au LL CL r o m Z o� O aJ u Q 0 O a m Zoning Bylaw Denial Town Of North Andover Building Departl"Ont 400 OsqoW St North Andover, MA. 01845 phots 9Ta.iii-'546 Fax 978.6.41M Street: I o? o s -DA l l✓ St -- Daft: fi- Date: 1611,7103 phase -be advised that after review of your Application and Plans that Your Application is DENIED for the following Zoning Bylaw reasons: Zoning A 1 2 1 3 4 B ism Lot Area Lot area Insuffiddent Lot Area PrOWdstft Lot Area Complies Insufficient Infomnation Use Nates 4 e9 F 1 2 3 4 S IMm Frontage FmntageInsufficient Fro a Complies Preexisti Inm fic kmt Information No access over Frontage Notes 1 Allowed Planned DVAkqnmft District Special Permit G contiguous Building Area Special Permit for Sign 2 3 Not Allowed Use Preexisting 1 2 Insuffident Area COMPHOS `� S 4 Special Permit Required S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C-1 C Setback H Building Height 1 All setbacks comm F-5 1 He' ht Exceeds Maximum 2 3 Front Insutiicient Left Side Insufficient 2 3 Com ies Preexisting ht s 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setbacks 1 Cove exceeds maximum 7 Insuffident information 2 Coveragefes s D ylyWs� 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed y>° s j Sign N 3 Lot r to 10124/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient.Infortnation 3 Insufficient Information E Histionic District K Parking N k 1 In District review required 1 More Parking Required 2 Not In district 4 es 2 Parking Complies 3 Insufficient lnfom don 3 InsuMcsent Informatson 4 Pre-exists Parking R for the vabo hacked below erso Item / SPEW Permits Planning Board Item s Site Plan Review Special Permit Across other than Fmntem Special Permit Frontage Exception Lot. Special Permit - Variance _ asiiieik Variaitcii .� az S Parkin Vacs NM Lot Area Variance Common Driveway special Permit Height Variance Congre9de Housing Permit Variance for Sign Continuing Caro Retirement Special Permit Independent Ejdarly Housing Special Permit Large Estate Condo Special Permit Sp@cial Permits Zoning Hoard Special Permit Non-Confbrming Use ZBA Earth Removal Racial Permit ZBA Planned DVAkqnmft District Special Permit S ' Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Watershed special Permit qpqcmd Permit premsting nonconforming The above review and aUadud aaplartation d ouch is baud an the pans and irtfoenation wdtn M@& No delirtitivs review and or adviceattal be b mW an vmW s iplartatiorrs by No appioaitt nor dull such wtrbal ar;larraII m by #* applicant serve to provide delift answers b the above reasons for DENIAL Any ktaocrasci^ rIaa 1 9 irrrorntation, or CUmr a tt chwVn to the htfomt ft aftmtNed by Nis tppipn1 dull be panda for this nvMw to be voided d the diacndion Of the Bolding Deperbmtt. The sasdrs ' dommwtt tiiad "Plan Raviaw Nanohal be attached harsle and kwmp=W herein by raferarrca. The bul ft I pI I wa slain at pima and doorarrsr>Wbn for the above tie. You must tie a naw buldinp permit appicWm tam and be& Nn F 111rg Poosas. Building Department Official Signature Appf Received Application Denied Pian Review Narrative The following narrative is provided to furor explain the reason for denial for the application/ permit for the property indicated on the reverse side: TIMI! ' Oo rW ! s /2l - f / _/v (n N,Sl�vc7`cdN Ct vl �l� s _16�rl �2. GU'E'ishpQf 136 --7--,, az ©r r`I �Q /le a v t- �G✓�, ti8Y 1A r v o/ C op- pop- L- L' -f- I,A-NZ10N fVAf-- '+il aSalb1F. r``P vt✓` e 2c, A- i E-41 4r l36 C 3 Reformed To: Fire HemM Police Zoning8owd Conservation Depwbywd or Public Works Planning Historical Commission Other BUILDING DEPT ENERGY CONSERVATION APPLICATIONOR A FOR IONS DD LOW-RISE RESIDENTIAL NEW CONSTRUCTION F 780 CMR Appendix J Site Address:� Applicant Name. A�c City/Town:Applicant Address:Use Group: _ Date of Application: t �6 (>/d/a Applicant Signature: Applicant Phone: Compliance Path (check one): Package (Limited to 1- or 2 -family wood frame buildings heated fossil Table J52.1 a!y) Prescriptive Heating Degr Package (A through Days (HDD65) from KK from Table J5.2.1 b): from Table J5.2.1 b:) (For items d. through i., fill in all values that apply f . Wall R -value R ---- a. Gross Wall Area —sq.ft g Floor R -value . R- b. Glazing Area' —sq fr- h. Basement wall R_=— -- c. Glazing % ( too x b = a) — -% t. $lab Perimeter d. Glazing Glazing U -Value U Heating AFUE e. Ceiling R -value R--- Component Performance: "Manual Trade -Off" (Limited to wood or metal framed be 114 togs only) [] Comp Z Climate Zone (from Figure J6.2.2) ❑ Zone 12 ❑Zone 13 Attach Trade -Off from Appendix J, [and HVAC Trade -Off lf'orksheet, if applicable) ff fJ ❑ pjAScheck Software Report and Inspection Checklist printouts Attach Compliance ❑ Home Energy Rating System Evaluation Attach Home Energy Rating Certificate (HERS rating score must be 83 or higher) ❑ OR ❑ Renewable Energy Sources Systems Analysis Attach Mass Registered Architect or Engineer Analysis ALTERNATIVE FOR ADDITIONS ONLY GOs ft. b. Glazing Area- �� S sq ft- c. Glazing % (l00 x 6 = a)_ a. Gross Wall + Ceiling Area �— q ❑ ADDITION with Glazing % (c.) up to 40% may use 780 CIvIR Table J1.12.3.1 below: MINIMUM MAXIMUM U -value ll Floor Basement Wall Slab Perimeter, Depth Fenestration'. CeiWall lin ' g-10 J R-10 4 ft R-3 R-13 R-19 0.39' I Glazing Area may be either Rough Opening or Unit dimensions. 2 Based on NFRC listing. Applies either to every unit, or to area weighted average of all units. e entire ceiling area 3 R-30 ceiling insulation may be used in place of R-37 if ny access openhngs.) ieves the full R -value over th (i.e.- not compressed over exterior walls, and innsulati g SUNROOM11 (g glazing -to -wall and ceiling gross area) ❑ addition rester than 40% g g - Attach "Consumer Information Form.' from 780 CMR Appendix B. Official's Signature: Official's Name: Date of Approval/Demal: Appiication Approved ❑ Denied ❑ ide additional details as needed on back side) Reason(s) for Denial: (prov NORTH ANDOVER BUILDING DEPARTMENT Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit at: ` 0 _r --j is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 11, S 150 A. Also, note Permits are required under Fire Prevention laws Chapter 148 Section 10A. The debris will be disposed of in: Fire Department Sign off: Dumpster Permit (Location of Facility) J Signature o ennit Applicant 11112,3-C-) Date NORTH TOWN OF NORTH ANDOVER °per OFFICE OF p BUILDING DEPARTMENT + « 400 Osgood Street North Andover, Massachusetts 01845 D. Robert Nicetta, Building Commissioner HOMEOWNER LICENSE EXEMPTION Please print DATE: J ✓ C/ JOB LOCATION: Telephone (978) 688-95454 Fax (978)688-9542 Street Address Map/Lot HOMEOWNER �leyCr �Le % rrrn✓Cj y� 9 %l �cSr�1Z,% ?,&'ez XS -j S2�) Namd Home Phone Work Phone PRESENT MAILING ADDRESS o r A, G6 --/ /I i ✓/3 % Gi City Town State Zip Code The current exemption for "homeowners" was extended to include owner -occupied dwellings to two units or less and to allow such homeowners to engage an individual for hire who does not possess a license, provided that the owner acts as supervisor). State Building (Code Section 108.3.5.1) DEFINITION OF HOMEOWNER Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two family structures. A person who constructs more that one home in a two-year period shall not be considered a homeowner. The undersigned "homeowner" assumes responsibility for compliances with the State Building Code and other Applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of North Andover Building Department minimum inspection procedures and requirements and that he/she will o ply with said procedures and requirements. n HOMEOWNERS SIGNA APPROVAL OF BUILDING OFFICIAL BOARD OF APPEALS 698-9541 CONSERVATION 699-95:30 HEAL,rfl 689-9540 . ' PLANNENG 688-9535 M°RIM 4-4 Town of North Andover 's 9 :--3 ' CEI Office of the Planning DepartmentT0,, �, c± E���;�j ,�„ OFFICE 4 _ Community Development and Services ��'vision- * 4W Osgood Street 2005 PLOY 16 PH 4: 24 r� 'sS;tHuS� North Andover, Massachusetts 01845 TO lv :i �A S S C' ;!; Town Planner. NORTH AND1 z, Lincoln Daley I NOTICE OF DECISION Any appy shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk Petition of: James and Sandra Timmons This is to certify that twenty (20) days have elapsed from date of decision, filed without filing of n a peal. IOate D_,D- Joyo8 A. Brads Town Clerk Date: November 15, 2005 Date of Hearing: August 16, 2005 - November 1, 2005 Date of Decision: September 20, 2005 Premises Affected: 205 Dale Street, North Andover, MA 01845, within the Residential 1 (RI) Zoning District, Assessors Map 37B, Lot 64. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: the construction of a 60' x 24' garage addition to the existing single-family reside= and extension of the Town water and sewer networks to the existing residential dwelling within the Non - Disturbance and Non -Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District, based upon the following conditions: i� 4 RiduairdNardella, Chairman John Simons, Vice Chairman Alberto Angles Jack Green Richard Rowen, Alternate Conservation Administrator Fire Chief Director of Public Works Applicant ATTEST: Health Administrator Engineer A Prue Copy Building Inspector Abutters a, Police Chief Assessor Town Clerk BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4. The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on November 1, 2005. James and Sandra Timmons, owners and applicants appeared before the Planning Board On November 15, 2005, the Planning Board granted Watershed Special Permit to construct a 60' x 24' garage addition to the existing single-family residence and extend the Town water and sewer networks to the existing residential dwelling within the Non -Disturbance and Non -Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by James and Sandra. Timmons of 205 Dale Street, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. APPENDIX A In accordance with 4.136 the Planning Board makes the finding d,at the intent of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following fads: a) The intent of this application is to connect both structures to the Town's water and sewer network b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to the residential dwelling. e) The construction of garage addition and utility extensions have been reviewed by the Division of Public Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Coduchewick. 2. There is no reasonable alternative location outside the Non -Disturbance and the Discharge Zones for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible stone water and erosion controls have been placed on the site, 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District. )I- 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. 8) A Variance was granted by the Zoning Board of Appeals from Section 4, Paragraph 4.136(3xcxii)(6) of the Zoning Bylaw in order to allow the construction of a new permanent structure greater than 25% of the gross floor area of the existing structure on October 11, 2005. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand dollars ($1,000.00) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to issuance of the Certificate of Occupancy: a) The applicant must submit a letter from the Division of Public Works verifying that the municipal sewer and water has been extended and connected to the residence and constructed in accordance with Town guidelines and specifications. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5) In no instance shall the applicant's proposed coimstruction be allowed to further impact the site other than as proposed on the plan re&xenced in Condition #10. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 9) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 15, 2007 on which the Special Permit was issued, unless substantial use or construction has commenced. 10) This decision must be filed with the North Essex Registry of Deeds. included as part of this decision: Plan titled: Plan of Land in North Andover, Massachusetts Assessor's Map 37B Lot 64 Prepared for. James G. & Sandra J. Timmons Prepared by: Pembroke Land Survey Co. P.O. Box 205 Salem, New Hampshire, 03079 Scale: I"=40' Date: June 20, 2005, Revised July 20, 2005 Sheets: 2 4 The following information is • .9 .: ft y01'ZTown of North Andover feilc'Iimestamp Community Development and Services Divisia�}CEIVED •s, Office of the Zoning Boardof Appealpol CHWU 400 Osgood Street North Andover, Massachusetts 018452005 OCT 2S PM 4: 06 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 j f) =' F f1ASSa Any appeal hall a s be filed within Notice of Decision This is to certify that twenty (20) days have elapsed from date of decision, filed (20) days after the date of filing Year 2005 without filing of an, gepl. �� ���� of this notice in the office of the Date Town Clerk, per Mass. Gen. L. ch. Joyce A. Bradshaw 40A, §17 Pronerty at: 205 Dale Street Town Clerk NAME: James G. & Sandra J. Timmons HEARING(S): September 13 & October 11, 2005 ADDRESS: 205 Dale Street PETITION: 2005-027 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of James G. & Sandra J. Timmons, 205 Dale Street, North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent structure greater than 25% of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune on August 22 & 29, 2005. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R Webster, and Thomas D. Ippolito. The following non-voting members were present: Joseph D. LaGrasse, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by David R Webster and 2°d by Richard J. Byers the Board voted to GRANT a dimensional Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent 60'x24' structure, which is greater than 25% of the gross floor area of the existing structure per Plan of Land in North Andover, Massachusetts, Assessor's Map 37B, Lot 64, as prepared for James G. & Sandra J. Timmons, (owners of record), 205 Dale Street, North Andover, MA 01845 Date June 20, 2005, Revisions 7/20/05 Revisions per B. Osgood & Con. Com. [by] Joseph A. Esposito, P.L.S. #18923, Pembroke Land Survey Co., P.O. Box 205 Salem, New Hampshire 03079 and Architectural Sketch Plan, 205 Dale Street, North Andover, MA, Assessors Map 37B, Lot 64, Prepared for James G. & Sandra J. Timmons, October 11, 2005 [by] New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845 Voting in favor: Richard J. Byers, Albert P. Manzi, III, David R Webster. Voting for denial: Ellen P. McIntyre. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting this land and this structure but not affecting the zoning district in general, a literal enforcement of the provisions of 4.136.3.60 of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner because moving the existing structure or razing and rebuilding outside the Non -Disturbance Buffer Zone would cause great financial hardship. The Board finds that the existing dwelling was built into the hillside in 1973, before the enactment of the 1994 Watershed Protection District's Non -Disturbance Buffer Zone. The Board finds that desirable relief may be granted without substantial detriment to the public good because 205 Dale Street will be connected to Town sewer and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw because the square footage of the existing dwelling is well below the average square footage of the neighboring dwellings. Page 1 of ATTEST: A True Copy Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning A' 95r51erk •a " •� ! d harrM ;fit xuus�` Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals TOW,' r ('m 'S ������ 400 Osgood Street North Andover, Massachusetts 01845 2005 OCT 25 Ftp 4: 06 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 pT�s' '_ n N0R1IF u1 A.,"V'n M A <S S A c!�-if s Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2005-027. M37.BP64. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Page 1 of 1 Doua Hunt From: "Don Webster" <dwebster@mcquesten.com> To: "'Doug Hunt"' <dhunt@concordlumbercorp.com> Sent: Thursday, December 22, 2005 2:18 PM Subject: RE: Calc's Timmons The engineer that stamps for Nordic does not review individual plans, he certifies that the joist or beam described on a calculation sheet meets or exceed the loading requirements shown on that design. In this case he has stamped that the joist works for 24' span with residential loading of 40 psf LL. If that is what Timmons builds then the joist works, if he needs more than that he will have to hire a local engineer to coordinate. Jaimie Timmons 12-15-05 � B E 205 Dale St 1:00pm F"arrr r.rh ooh No. Andover, MA 1 of 1 KeyBeam® 4.406a 1mtBeamEngine 4.408a Materials Database 457 Member Data Description: A4 Member Type: Joist Application: Floor Comments: Lateral Bracing: Continuous Standard Load: Moisture Condition: Dry Building Code: Other Live Load: 40 PSF Deflection Criteria: 0480 live, U240 total Dead Load: 12 PSF Deck Connection: Glued & Nailed DOL: 100% Filename : J1A4 05.k b 2400 2400 Bearings and Reactions Input Minimum Worst Case Location Type Length Length Total 100% Dead Total 1 0' 0.00" Wall 5.50" 1.75" 806# 806# 465PLF 140PLF 604PLF 2 23'2.75" Wall 5.50" 1.75" 806# 806# 465PLF 140PLF 604PLF Design spans 23'2.75" Product: 16" NI -60 16.0" O.C. Component Member Design has Passed Design Checks.— Allowable Stress Design Actual Allowable Capacity Location Loading Moment 4676.# 6895'# 67% 11.61' Total load 100% Shear 8051 19701 40% 0' Total load 100% End Reaction 8051 15501 51% 23.23' Dead load LL Deflection 0.4148" 0.580T' U672 11.61' Total load 100% TL Deflection 0.5392" 1.1615" U516 11.61' Total load 100% Control: LL Deflection OF 4f9,p�'cy ,�V� DA J C) ST 9 FSS 0 A ANG 121 / 005 The Professional Engineer's Seal on this calculation indicates the suitability of KcyBcarn computer analysis for the members, loads, and condition shown, which arc specifically for gravity loads only. The customer has dctcrmjncd the design loads and conditions. f have not been retained as the engineer of record, so this Professional Engineer's Seal should not be interpreted as such. Applicability of structural members for the cora lcted stmcturc shall be the sole responsibility of the Building Designer or Contractor. All product names are trademarks of their respective owners Copyright (C)f99&2005 by Keymark Enterprises, LLC. ALL RIGHTS RESERVED. ing is defined as when the member, fioorjoist, beam or girder, shown on this g meets applicable design criteria for Loads, Loading Conditions, and Spans n this sheet. The design most be reviewed by a quatified designer or design sional as required for approval. This design assumes product installation hig to the manufacturers specifications. Lte Jaimie Timmons 12-15-05 205 Dale St. 12:59pm r"a�rrrt�t oob No. Andover MA 1 of 1 KeyBeam® 4.406a 1anBeamEngme 4.408a Materials Database 457 Member Data Description: G4 Member Type: Girder Application: Floor Comments: Lateral Bracing: Continuous Standard Load: Moisture Condition: Dry Building Code: Other Live Load: 0 PLF Deflection Criteria: U360 live, L/240 total Dead Load: 0 PLF Deck Connection: Nailed Member Weight: 13.6 PLF DOL: 100% Filename : G4G4 05.kyb Non -standard Loads Type Trib. Live Dead (Description) Begin End Width Start End Start End DOL Replacement Uniform (PLF) 0' 0.00" 5' 0.00" 27 8 100% Replacement Uniform (PLF) 0' 0.00" 24' 0.00" 27 8 100% Replacement Uniform (PLF) 5' 0.00" 12' 0.00" 0 0 100% Replacement Uniform (PLF) 12' 0.00" 24' 0.00" 27 8 100% Point (LBS) 5' 0.00" 191 85 100% Point LBS 12' 0.00" 480 172 100% ir 240 O Mme: 240 O i Bearings and Reactions Input Minimum Worst Case Location Type Length Length Total 100% Dead Total 1 0' 0.00" Wall 5.50" 1.50" 1353# 891# 462# 1353# 2 23'2.75" Wall 5.50" 1.50" 1260# 833# 428# 1260# Design spans 23' 2.75" Product: 24F-1.9E 1 3/4x16 2 ply Component Member Design has Passed Design Checks.— Design assumes continuous lateral bracing for both chords. Allowable Stress Design Actual Allowable Capacity Location Loading Positive Moment 9033.11 29867.'# 30% 11.61' Total load 100% Shear 12424 93331 13% 0.01' Total bad 100% Max. Reaction 13531 107804 12% 0' Dead load LL Deflection 0.2525" 0.7743" U999+ 11.6' Total loa d OF Mq TL Deflection 0.3789" 1.1615" 0735 11.6' Total 1 10`rs Control: TL Deflection SG Manufacturers installation guide MUST be consulted for multi-ply connection details and alternatives Or J RDA N U S 9 ot, ►STEQ` FSS OHAL E�Ge 121 / 005 The Professional Engineers Seal on this calculation indicates the suitability of KcyBcam computer analysis for the members, loads, and condition shown, which arc specifically for gravity loads only. The customer has determined the design loads and conditions. I have not been retained as the engineer of record, so this Professional Engineers Seal should not be interpreted as such. Applicability of structural members for the completed structure shall be the sole responsibilty of the Building Designer or Contractor. At product names are trademarks of their respective owners Copyright (C)1999-2005 by Keymark Enterprises, LLC. ALL RIGHTS RESERVED. •• rxnnnunuc. assing is defined as when the member, I rjoist, beam or girder, shown on this n4rg meets applicable design criteria for Loads, Loading Conditions, and Spans aton this sheet. The design must be reviewed by a qualified designer or design sional as required for approval. This design assumes product installation ccording to the manufacturers specifications. C 0 Commonwealth of Massachusetts ��ftie1,fl I "nl, Permit No. Department of Fire Services i Occupancy and Fee Checked x BOARD OF FIRE PREVENTION REGULATIONS Rev. 9 OS N APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK SII %kork to he performed in accordance kith the \•la,wehusetts I.lectrical Code 1 lf: ?. i?' (AIR 12.00 (l'LE, ISE PRLN T IN INK OR TYPE, ILL LV )R1 L. I TION) Date: _A/tel o >D City or Town of: W, R Vim` To the 117s/?eL'101' 0/ 6f'ire,e: By this application the undersigned gives notice of his ur her intention to perform the electrical work described below. Location (Street & Number) a0.s -D t�t'_ (honer or Tenant k✓t es G, 7l ii,,^ vv-,ot S Telephone No. Owner's ,address Say.,_e.. Is this permit in conjunction with a building permit? Yes [�__ No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. •S&3 S_ U I Existing Service 100 Amps IX. / ayG Volts Overhead � Undgrd ❑ No. of 'Meters � New Service 400 Amps !u' l vZllyVolts Overhead E3-- Undgrd ❑ No. of Meters Number of Feeders and Ampacity A $•e- 4 aej A—t " Location and Nature of Proposed Electrical Work: (ye"W Completion u/ Iltc Jullrnt it ,> lahle ntaV he WLIA L </ /hv 1110 hrspr.Y,ir ()/ li'irt No. of Recessed Luminaires 0 No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires 6 Swimminabove In- Swimming Pool ,,rnd. ❑ rod. ElBattu o. o Emergency Lighting Units ALARMS TNo. of Zones No. of Receptacle Outlets ' © No. of Oil Burners t �IFIRE No. of Switches No. of Gas Burners No. of Detection and Initiating Devices Ili No. of Ranges Total No. of Air Cond.Tots � No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number Tons KW No. of Self -Contained 11 Detection/A lerting Devices No. of Dishwashers ( Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers ( Heating Appliances KW _ Security Systerns:* No. of Devices or Equivalent No. of Water KW Heaters _ No. of No, of Signs Ballasts Data Wiring: S No, of Devices or Equivalent No. Hydromassage Bathtubs No, of Motors Total HP felecommunications Wiring: No. of Devices or Equivalent OTHER: I110c1111,1111110ua; ,lrt,ul r/Jrsrrkd, or'IS rrqurrLLih1 ritr h,.+pctha•,;•' Estimated Value97e trica Work: 41/ QO e' (A hen required by municipal policy.) �kork to Start:� In;pectiuns to be requested in accordance with MEC Rule 10, and upon Completion. INSURANCE COVERAGE: Unless waived by the owner. no permit for the performance of electrical work may issue unlcs: the licensee provides proof of liability insurance including "completed operation" Coverah!c or its substantial (Ayuiv;ilcnt. l he unklCrSi,!.ncd certitic'.. that such Cincra!,e i:, in 1,)rcc, :Incl has e••.hihited proof of,;arle to the permit is_.uin ul'tice. e IIECKOtiE: INSURAN0_; []�13Otil� ❑ OFf IL R ❑ (,Specify:) t rrli/j, finder the /arias and pe•nrilties r#jpgjurt,, 3t al the hi'rmulinu ,;n t/ri.� ;r/;/�liealiura .ia bile ill'd coillplele. FIRM NAh1E: LIC. 1`10.: _ _� Licensee: A� �r� � r � ;ii;n:ttu�•e � a.VC. '�(l.: :z�f� L� 13us. Tel. Address: Cl SS' �S>�wRr{ C1Gi�c/c!f`�.e � � Aft. Tel. No.:97d `Security Sy,ten Contractor License required for this work; if applicable, enter the license number here: OWNER'S INSURANCE %AlVER: I am aware that the Licensee c/rh.'., not have the liability insurance f vvvra_e 110:r11ally Icquircd by law, By my ;i,,,naturc below, I herby waive this requircnunt. I am the (check onc) ❑ ilvvncr ❑ owncr's agent. Oweat :;I _ PFR 1/f rT FF,F,• S �/YI:ItIlature t1Y'e �? I�,l3ii6a➢i i i�J. SeFg u Date '.`-?'......... , � ,aOR711 TOWN OF NORTH ANDOVER 3? •� ^' .. a °L PERMIT FOR WIRING This certifies that ......'. { �......:..'—' -� ....................... ....................... has permission to perform,.r-!�-� v ................................................................. wiring in the building of .............................................. .....:....................................._............. , North Andover, Mass. f Fee ..................... Lic. No.:1,S.......'..:`'...1........... ti ELECTRICAL INSPECTO ORR- ' { Check # ��°� 6 t 7 J _ Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION. REGULATIONS t)111c al 1::;C 011h I" iPermit No. Occupancy and Fee Checked ;[Rev. 9 051 (leave plank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK .SII %uxk to be performed in accordance with the %lissachusetts Ficcu-ical C•od (jtf:4).527 CtiIR 12.00 (PLE, ISE PRLMA- INA' OR TYPE, ILL A'FORH I TIO,V) Date: 440 Cih, or Town of: - . uey-- To the luspCcior of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street Sr. Number) Ao's 1:) 'tf Owner or Tenant kI' t'S "' k V,, -Dl 5 Telephone No. Owner's Address sav — Is this permit in conjunction with a building permit? Yes Q-- No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. &3 8- G Existing Service /Ud ;imps EdL& / vtVG Volts Overhead No. of Total Transformers KVA Undgrd ❑ No, of Meters New Service WC, Amps /2-c- / oZ5(yVolts Overhead No. of Luminaires E; Undgrd ❑ No. of Meters � Number of Feeders and Ampacity A .19 e+ qo-O AV"t 4 No. of Oil Burners FIRE ALARMS Location and Nature of Proposed Electrical Work: Completion o/ the fJ11oltim, Table nlov he waived by the his pector o/'IWires No. of Recessed Luminaires Q No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires E; Swimming Pool `above [IIn-Elo. rind. rnd. o mergency ig ing Battery Units_ ---- ----- -- - No. of Receptacle Outlets 0 No. of Oil Burners FIRE ALARMS T No. of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices /o No. of Ranges No. of Air Cond. Total Tons No. of Alerting Devices g No. of Waste Disposers [ Heat Pump Totals: Number Tons KW No. of Self -Contained Detection/Alertin Devices No. of Dishwashers t Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers ( Heating Appliances KW Security Systems:* No. of Devices or Equivalent No. of Water Kms, Heaters No. of No. of Signs Ballasts Data Wiring: _5 - No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: . t lluch uddilirnrui dencil i/ clesirecl, nr us rerluirecl bl cite hc.cprrh01' / W// C... Estimated Value of le/ e trical Work: y/ 00 0 ( When required by municipal policy.) work to Start: �/ � Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner. no permit for the performance ofclectrical work nlay issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. fhc•. undcrsigtied certifies that such covera,;e is in force, and has c."Ilibited proof of sante to the permit is..uin; office.(: BECK ONE: INSURANCE 3OND ❑ C.) F1 ❑ (Spccily:) / cern/,, .under the pants and penulticev u/•perjurj% Aran The inti mnatiun on this application is true und complete. FIRM NAME: LIC. IN O.: _ Licensee: � `re 1^eq u ;signature UWA LIC. NO.: 21 KIeP _ !l rr;;pli "Ib/C4, .lderc "rcp_t m�{hr Gcu:e r.un+���r riite.i r us. Tel. No.:12i Address: CS "�LAL4A ive .cAft. Tel. No.)T_ rSecu -ity System Contractor License required for this work; if applicable, enter the license number here: OWNER'S INSURANCE WAIVER: I am aware that the Licensee c/ua.y 1701 17(111C the liability insurance covcrac�e normally required by law. By Illy :,i"naturc below, I hereby waive this requirement. I ;tm the (check one) ❑ owner ❑owner's aycnt. Owner/Agent :signature TilEphaate `in.PF,RWIT FFj✓.- S Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ISI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information F North Andover 117�»1Ca�M,7815 242-1326 rom. 1. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: James Timmons a. First Name 205 Dale Street d. Mailing Address North Andover b. Last Name e. City/Town 4. Property Owner (if different from applicant): Same a. First Name b. Last Name c. Company MA. f. State c. Company 01845 g. Zip Code d. Mailing Address e. Cityrrown f. State g. Zip Code 5. Project Location: 203 & 205 Dale Street North Andover a. Street Address b. City/Town Map 37B Parcel 64 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 8433 168 c. Book 7/15/05 7. Dates: d. Page 7/27/05 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date 6f Is uance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land, Sheets 1 & 2 a. Plan Title Pembroke Land Survey Company Joseph Esposito, Jr., P. L. S. b. Prepared By c. Signed and Stamped by 7/20/05 1" = 40'/ 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date $215.00 $ 42.50 $ 172.50 g. Total WPA Fee Paid: a. Total Fee Paid b. State Fee Paid c. Cityrrown Fee Paid wpaform5.doc • rev. 3/1/05 Page 1 of 9 T L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet 5. ❑ Land Under a. square feet Waterbodies and Waterways e. cu.yd dredged b. linear feet c. linear feet d. linear feet b. square feet c. square feet d. square feet b. square feet c. square feet d. square feet T. cu.ya areagea wpaform5.doc • rev. 3/1/05 Page 2 of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1326 B. Findings (cont.) ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Coastal Banks Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Rocky Intertidal Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 7. ❑ Isolated Land Subject Salt Marshes a. square feet b. square feet c. square feet d. square feet 17. to Flooding a. square feet b. square feet Cubic Feet Flood Ponds a. square feet b. square feet Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 8. ❑ Riverfront area Land Containing a. total sq. feet b. total sq. feet b. square feet c. square feet d. square feet 19. Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a. square feet b. square feet c. ciy nourishmt. d. Gy nourishmt. 13. ❑ Coastal Dunes a. square feet b. square feet c. Gy nourishmt. d. Gy nourishmt 14. ❑ Coastal Banks a. linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a. square feet b. square feet 16. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 17. ❑ Land Under Salt Ponds a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged 18. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage b. cu.yd dredged b. square feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1326 wpaform5.doc • rev. 3/1/05 Page 4 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1326 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. If you need more space for additional conditions, select box to attach a text document 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: See attached wpaform5.doc • rev. 3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1326 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc • rev. 3/1/05 Page 6 of 9 DEP FILE # 242 -1326 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions should control. 11 GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliancewith this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\203/205DaleStreet.doc 1 NACC 8/10/2005 DEP FILE # 242 -1326 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1326. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The construction of a 60'x24' addition to an existing single-family dwelling, the installation of a sewer line, installation of underground and overhead utility services, installation of a gravel driveway with associated grading and the installation of 1000 -gallon drywell to capture roof runoff from the proposed addition. The majority of the work will occur within the Buffer Zone to a Bordering Vegetated Wetland (BVW) and will occur on two separate lots (203 & 205 Dale Street) owned by the same property owner. The site is also located within the Lake Cochichewick Watershed Protection District. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Site Plans and NOI prepared by: James Timmons (Applicant) 205 Dale Street North Andover, MA 01845 Date submitted: July 15, 2005 Pembroke Land Survey, Co., entitled, "Plan of Land", consisting of sheets 1 & 2 dated June 20, 2005. Stamped & signed by Joseph A. Esposito, Jr., R.L.S. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. C:\Winword\OOC\203/205DaleStreet.doc 2 NACC 8/10/2005 DEP FILE # 242 -1326 32. The NACC finds that the intensive use of the upland areas, and Buffer Zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area (BVW), except in those existing disturbed areas. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work.shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. C:\Winword\OOC\203/205DaleStreet.doc 3 NACC 8/10/2005 DEP FILE # 242 -1326 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1326." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work, the applicant shall submit in writing the names, addresses, and business telephone numbers of all applicable parties (i.e., contractor, environmental monitor) responsible for the approved work and ensuring compliance with this Order. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/ erosion control devices and re -vegetation to be completed before other work begins on-site. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and C:\Winword\OOC\203/205DaleStreet.doc 4 NACC 8/10/2005 DEP FILE # 242 -1326 wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the corners of the addition to ensure that the 50' No -Build zone will not be encroached upon. These measurements will be verified during the pre -construction meeting. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation'of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. C:\Winword\OOC\203/205DaleStreet.doc 5 NACC 8/10/2005 DEP FILE # 242 -1326 49. The applicant shall designate a Professional Wetland Scientist as the project's "Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. ON EVERY MONDAY OF EACH WEEK, or otherwise arranged by the NACC or the Conservation Administrator, in which construction activities within the jurisdictional areas, referenced herein, occurs on-site and for as long thereafter as the ground remains unstable, it is the applicant's responsibility that the Environmental Monitor (EM) monitor the site and submit written reports to the NACC. The EM shall certify that, to the best of his / her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EM must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 51. Prior to construction, the applicant shall permanently mark the edge the 25' No - Disturbance zone or the edge of disturbance if the 25' No -Disturbance zone is not being maintained with fourteen (14) markers evenly spaced every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These markers can be purchased at the Conservation Department for $2.00 per marker. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or C:\Winword\OOC\203/205DaleStreet.doc 6 NACC 8/10/2005 DEP FILE # 242 -1326 owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). DURING CONSTRUCTION 54. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 57. Water quality of the adjacent BVW shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. C:\Winword\OOC\203/205DaleStreet.doc 7 NACC 8/10/2005 'DEP FILE # 242 -1326 59. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. If soils are left to idle greater than thirty days, all areas shall be seeded with rye seed to provide immediate stabilization. 60. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 61. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped or biodegradable erosion controls to provide permanent stabilization. 62. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. All soils shall be stockpiled in along the southeastern portion of the property, as shown on the record plan. 63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 64. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 65. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 66. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 67. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. C:\Winword\OOC\203/205DaleStreet.doc 8 NACC 8/10/2005 DEP FILE # 242 -1326 68.Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 69. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 70. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stonewalls, pools, retaining walls, subsurface utilities. and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ALiy disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\203/205DaleStreet.doc 9 NACC 8/10/2005 DEP FILE # 242 -1326 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone, a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas, except in previously disturbed areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition # 32); ➢ Discharge or spillage of pollutants (Condition #65); ➢ Prohibition of underground fuels (Condition #66); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #67). C:\Winword\OOC\203/205DaleStreet.doc 10 NACC 8/10/2005 DEP FILE # 242 -1326 I, APPENDIX A - AFFIDAVIT (authorized agent of applicant and / or owner) 1) I am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File #) placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions (DEP or NACC File #) placed upon by the NACC. have been ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20--, I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) CAW inword\OOC\203/205DaleStreet.doc 11 NACC 8/10/2005 Massachusetts Department of Environmental Protection L11 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1326 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 1. Date of ssuance Please indicate the number of members who will sign this form: ..S This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this to of Jt l CIROO S Day Month Year Before me, the undersigned Notary Public, r personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Alnrfh AnA^%inr As member of Citylrown OONIIA(kWEa3E NOpIUrPAW OFftMup Place notary seal and/or any stamp above This Order is issued to the applicant as follows: 2/by hand delivery on i/ los Date Conservation Commission S gnature of Notary Public Z)Or 17A fw, Printed Name of Not ry Public 7 ado My C� n apires (Date) ❑ by certified mail, return receipt requested, on Date wpaform5.doc - rev. 3/1105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/1/05 Page 8 of 9 N J 0 W o V � � v o m 0 Home Screen Parcel ID: 210/037.11-0064-0000.0 SKETCH Click on Sketch to Enlarge Community: North Andover PHOTO N o Picture Available Location: 205 DALE STREET Owner Name: TIMMONS, JAMES G TIMMONS, SANDRA J. Owner Address: 205 DALE STREET City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 6 - 6 Land Area: 2.08 acres Use Code: 101- SNGL-FAM-RES Total Finished Area: 864 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 307,500 293,700 Building Value: 108,100 103,700 Land Value: 199,400 190,000 Market Land Value: 199,400 Chapter Land Value: LATESTSALE Sale Price: 100 Sale Date: 11/30/2003 Arms Length Sale Code: F-NO-CONVNIENT Grantor: TIMMONS, JAMES Cert Doc: Book: 08433 Page: 0168 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3 &Linkld=461976 Page 1 of 1 3/29/2005 f 0 o N N r r U � o OOXW o O O f0 O) N m ❑ (0 N O w d CL m — a (i) C/) (1) 01 a 52wU5 O o�0 0 m . I0 O E- a 2 0 0 v o C a� 0 c ~ O U " H LU m L) iF- W 0-0H�IA H C? 0 0 W z_ J M G D vm O O O 2Z W> N �N WC U) O f0 w W O W N co Q o J J Y Y Q Uao0 W N O Q 0 3HH-0NZ C, Q O� WF CL 6 �p O > Lo c G dOH> U O o (D O) O) N m m m m a) u)cn u) u) (D O W_ J � tb C 0 0 �H00N U rnrn 6 J a) Q N in � m 0A C C Zr O X LL J m ti M ❑ H H H o� O< H d Q �� C) i� o�0 0 m . I0 O Z 0 0 v o o0 0 N toa v 0 m C? 0 0 m z_ a M G J N W O W W C C W U 2Z W> N �N WC ❑_ d J ZZ Ja 00aLU G N U N J J Y Y cn in� Uao0 Q 3HH-0NZ a 0 ¢ 0 0 v o • N m U N O C C G N U N J J Y Y 3 N r �p O > Lo O 0 O O 4) W_ d o Z QLL rnrn �a Doo(!) Zr O Zty w o� O< H �� C) i� am Z U) -a Lo W o r- c co JJ O �p v Q UQ 00 Z oo a� LL U Z ao cri ' z �� L.o p .. LL co C9¢ O CD CD P LO Cl) ca Woo J o w "O "O U 2� O U W.- > mm m rL(!iQ H N W 00 Z 0) C) p h M M N o (D U�� U) LO U) 0 O. O � N f0 f0 U HCLW HH O D n U) c `o F- cma 0 O Z to - N 0)0- C) a 0 0 0 rn co coNN O co co r io Q _N 000 M< ���iB� •• Q o >"o»o -O w t5 R Ul m r. < E00 E z¢ 7 �UUo LL "w c w UY o o==CD QmLLm ��cnUQQ� m RN C7 tnr C, Z v 111 N N O c`to t(o ao ao coOo L a cow w O) L\ m N @ � OC —s Y Q m 7 O E C Q C ? CLL LL �m-oo-0U o o-, O O.'O C W U O O) QF->- Asn kc W O COMA HH N R O0" to UiX m LL N � � O O m Cc � C3 i� i7 O O m m m C'1 f0 d y — to _ _ s C� E E N I - mLLIwmYw mm¢ N z�(D U LLi0Z o U N — = � m >, >, - 12 CL F- U Y �LL� 2iiiiU ininWw0 0.03 s wowrM COMMONWEALTH OF MASSACHUSETTS NUMBER BHP -2009-0475 North Andover Board of Health FEE $35.00 r� }� Sandra J. Timmons -AFTERTHOUGHT FARM b5...o ., DATE ISSUED CHU NAME March 20, 2009 205 DALE STREET ------------------------------------------------------------------------------------------------------------------------------------------------ ADDRESS IS HEREBY GRANTED A Animal Permit an Animal Permit This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires February 28, 2010 unless sooner suspended or revoked. RESTRICTIONS: Acreage: 3.0; Equines: 4 Adults and 2 Young Horses I NOTES: Contact: 978.685.7166 U-1 - - Board of Health Chairman Board of Health 205 DALE STREET Reference No: BHF -2004-000149 Department: North Andover Board of Health ............................................................. .......................................... Receipt No Permit No Invoice No Fee Type Paid By Paid On Check No Paid ••-•..................................•-•..........................................................................................................--•.........................0.............: 'REC-2009-000727 BHP -2009-0475 INV -2009-001071 Animals Sandra J. Timmons 03/20/2009 267 $35.00 i FI!_� COPY LPARTMENT'S COPY Total: $35.00 ---- -------------------------------------- ------•--------------------• ------ ------------------------- ................--------------------------- -- .. DE 8433 P. MASSACHUSETTS QUITCLAIM DEED 168 r I, James G. Timartoms of 205 Dale Street, North Andover, Massachusetts 01845, for :consideration of less than One -Hundred and 00/100 Dollars grant to James G. Timmons and Sandra J. ..Timmons, husband and wife, as Tenants by the Entirety, of 205 Dale Street, North Andover, ]'Massachusetts 01845 with quitclaim covenants the following property in Essex County, Massachusetts. A certain parcel of land situated in North Andover, Essex County, Massachusetts, shown as Parcel No. 2 on a plan of lard entitled: "Plan of Land of Ruth E. Timmons located in North Andover, Massachusetts, June 1973, Pembroke Land Survey Co. recorded in Essex North District Registry of Deeds on August 29, 1973, more particularly bounded and described as follows: NORTHERLY By Dale Street, seventy five (75) feet: EASTERLY By land now or formerly of Edwina Kittredge, four hundred sixty two and 78/100 (462.78) feet; Witness my hand(s) and scal(s) this 20th day of November, 2003. r dies G. Timmohs Commonwealth of Massachusetts Worcester, ss: November 20, 2003 Then personally appeared the above-named James G. Timmons and acknowledged the foregoing instrument to be his/her/their free act and deed before me. Notary Pub ic: My Commission Expires: s Z: SOUTHERLY By land now or formerly of Emile J. & Antoinette Giard, three hundred seventy four and 39/100 (374.39) feet; WESTERLY By land now or formerly of William J. & Mary McDonald and Augustine J. & Grace R. Salvetti, one hundred ninety seven and 40/100 (197.40) feet; :� NORTHERLY By Parcel No. I as shown on said plan, three hundred forty nine and 63/100 (349.63) feet; and h WESTERLY In three courses by Parcel No. 1, as shown on said plan, seventy five (75) n ofeet, ninety nine and 60/100 (99.60) feet and eighty seven and 46/100 i (87.46) feet; respectively, a o J�.'-j rte'! Containing 2.08 acres, according to said plan.. For title see deed from Ruth E. Timmons to James G. Timmons dated August 30, 1997, and reeonQlvith the Essex County North District Registry of Deeds in Book 1226 at Page 524. rn PROPERTY ADDRESS: 205 Dale Street North Andover, Massachusetts 018145 Witness my hand(s) and scal(s) this 20th day of November, 2003. r dies G. Timmohs Commonwealth of Massachusetts Worcester, ss: November 20, 2003 Then personally appeared the above-named James G. Timmons and acknowledged the foregoing instrument to be his/her/their free act and deed before me. Notary Pub ic: My Commission Expires: s Z: NEW ENGLAND CLAIMS SERVICE, INC. ReplyTo ❑ Reply To ❑ P.O. BOX 345 100 CONIFER HILL DRIVE, SUITE 308 MANSFIELD, MA 02048 DANVERS, MA 01923 TEL. (508) 337-8058 TEL. (978) 777-9900 FAX (508) 339-5835 FAX (978) 774-9296 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139 Sec 3D TO: Building Commissioner or Inspector of Buildings ZDM toIix) S►4��^ addresses Iy � 14n►Ao v �T �� D I $ X15 RE: INSURED � AA(-> YINA se"0(2 Ti Reply To ❑ P.O. BOX 578 SHREWSBURY, MA 01545 TEL. (508) 842-3995 FAX -(508) 842-7510 E'C'M^: _�•,-�, ,;j '3 6 2002 Board of Health -or Board of Selectmen PROPERTY ADDRESS DD75 LV1-1e-S A—r-c-N— NU^T- v 't POLICY NO.: it a V `7 c53 _ LOSS OF: 19 FILE OR CLAIM NO.: _t)DS Claim has been made involving loss, damage or destruction of the above -captioned property which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143 Section 6 to be applicable. If any notice under Mass. Gen. Laws Chapter 139 Section 3D is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. TITLE ` On this date, I caused copies of this notice to be sent to the persons n ed above at the addresses indicated above by first class mail. GNATURE AND DATE cc: Fire Dept. r --r Q Ln V) ,d THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: 2/13/01 Permit # 105-1A Fee: $25.00 This is to certify that: Sandra Timmons 205 Dale Street North Andover, MA 01845 is hereby granted an... ANIMAL PERMIT This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2002 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member 21 TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MA 01845 TELEPHONE# (978) 688-9540 APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE: To the Board of Health: The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter IH, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals No. Kurd of Birds NO. oZ Locatio Signature of App 'cant `,d/ Total Acreage Address Date Received Approved By FEE: $25.00 Please make check payable to: Town of North Andover SEPTIC SYSTEM INSPECTION FORM ADDRESS t�U- DATE INSPECTED g' PROPERLY FUNCTIONING? Y N WEATHER CONDITIONS COMMENTS: WA I ER QUALITY TES 1 Eb -.' RESut-TS? DYE TEST PERFORMED? Y N DATE? SKETCH: 0 t 1 • 0 WATERSHED RESIDENTS QUESTIONNAIRE 1. Name 2. Street Address c.1 L) � – � 3. How many members are in your household? 4. What type of sewage disposal system do you have? ❑ esspool 4lid' septic tank and leaching area ❑ connection to municipal sewer �ther (describe) — ❑ do not know 5. AArV6e plans (drawings) for your sewage disposal system on file with the Board of Health? fd' yes ❑ no ❑ do not know 6. How old is your sewage disposal system? ❑ 0-5 years ❑ over 20 years ❑ do not know 7. Has your sewage isposal system been rebuilt or repaired? Elyes o ❑ do not know If yes, approximately how long ago? ❑ 6-10 years years. What was done? � � 11-20 year Q' 8. Ho frequently is your sewage disposal system pumped out? El annually very 2-4 years ❑ every 5-10 years ❑ over 10 years ❑ never 9. Have you had any problems with your sewage disposal system? ❑ yes �o If yes, what problems? ❑ repeated pump -outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground N 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump pump toilet ' roof/pavement drains shower/bathtub o 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher" 4'0/ 12. Does your property have a lawn? yes ❑ no If yes, approximately what size? ❑ 1 ss than 1/4 acre ❑ 1/4 air El1/z acre El 3/4 acre cr ore than 1 acre (Specify) . acres 13. How often do you fertilize your lawn? - No. of applications per, yegr Season(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you use: ❑ Check here if your lawn is maintained by a professional landscape contractor. F1 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: 3/4/02 Permit # 105-2A Fee: $25.00 This is to certify that: is hereby granted an... Sandra Timmons 205 Dale Street No. Andover, MA 01845 ANIMAL PERMIT This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2003 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MA 01845 TELEPHONE# (978) 688-9540 APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE: To the Board of Health: The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals No. Kind of Birds Location ignature of Applic t -.,-v Gs Total Acreag Addre Date Received Approved By FEE: $25.00 Please make check payable to: Town of North Andover 00R!' l P1iVi. O- �P.;?D OF HEALTH y � 1 FEB28?.' I111t.1 o m o m C) m o � 0 il m C5 sc, J�� m 0`13 L ar t)W Oftwhepee$ ApWmdm f%d qX- ' 0 5 a r� S 13- 05 bOOMAftll�� Fan Dater Town of North Andover Town Clerk Time Stamp Community Development and Services Divisi • ° ECEIVED Office of the Zoning Board of Appeat�,` - rj Loi. J �'FF'C_ '•_� 400 Osgood Street North Andover, Massachusetts 018452005 OCT 25 PM 4: Qb Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2005 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. H0RTH t/ii4D?Cl vw MASSA 2 40A, §17 Proat: 205 Dale Street NAME: James G. & Sandra J. Timmons HEARING(S): September 13 & October 11, 2005 ADDRESS: 205 Dale Street PETITION: 2005-027 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of James G. & Sandra J. Timmons, 205 Dale Street, North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent structure greater than 25% of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune on August 22 & 29, 2005. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Thomas D. Ippolito. The following non-voting members were present: Joseph D. LaGrasse, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by David R Webster and T� by Richard J. Byers the Board voted to GRANT a dimensional Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent 60'x24' structure, which is greater than 25% of the gross floor area of the existing structure per Plan of Land in North Andover, Massachusetts, Assessor's Map 37B, Lot 64, as prepared for James G. & Sandra J. Timmons, (owners of record), 205 Dale Street, North Andover, MA 01845 Date June 20, 2005, Revisions 7/20/05 Revisions per B. Osgood & Con. Cont. [by] Joseph A. Esposito, P.L.S. #18923, Pembroke Land Survey Co., P.O. Box 205 Salem, New Hampshire 03079 and Architectural Sketch Plan, 205 Dale Street, North Andover, MA, Assessors Map 37B, Lot 64, Prepared for James G. & Sandra J. Timmons, October 11, 2005 [by] New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845 Voting in favor: Richard J. Byers, Albert P. Manzi, III, David R Webster. Voting for denial: Ellen P. McIntyre. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting this land and this structure but not affecting the zoning district in general, a literal enforcement of the provisions of 4.136.3.c.ii.3 of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner because moving the existing structure or razing and rebuilding outside the Non -Disturbance Buffer Zone would cause great financial hardship. The Board finds that the existing dwelling was built into the hillside in 1973, before the enactment of the 1994 Watershed Protection District's Non -Disturbance Buffer Zone. The Board finds that desirable relief may be granted without substantial detriment to the public good because 205 Dale Street will be connected to Town sewer and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw because the square footage of the existing dwelling is well below the average square footage of the neighboring dwellings. Page 1 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp ; Community Development and Services Division Office of the Zoning Board of Appealsit F04`�ECIVEO F►CE t i i '•=x� 400 Osgood Street North Andover, Massachusetts 01845 2005 OCT 25 PH 4: 06 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 4'1 it �r MASSA01H'US= Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, L�,) Ellen P. McIntyre, hair Decision 2005-027, M37.BP64. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 D. Robert Nicetta Building Commissioner Town of North Andover Town Clerk Time Stamp Community Development and Services Division CEIVE© Office of the Zoning Board of Appeals T0V1 Ct E PK'S Q~FICF 400 Osgood Street North Andover, Massachusetts 01845 2005 AUG 18 AM 9: 54 Telephone (978) 688-9541 Fax (978) 688-9542. Legal Notice North Andover, Board of Appeals TOWN OF NORTH ANDDVF MASSAGHVSCT '': Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the IP of September, 2005 at 7:30 PM to all parties interested in the appeal of James G. & Sandra J. Timmons, 205 Dale Street, North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent structure greater than 25% of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on August 22 & 29, 2005. Legalnotice 2005-027. 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Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0045 Date: August 26, 2005 APPLICATION TYPE: SUBMISSION DATE: Variance Wed Aug 17, 2005 Applicant's Name: NAME: James Timmons SITE ZONING: ADDRESS: 205 Dale Street DECISION DRAFT BY: TOWN: N ANDOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Site Information: Owner's Name: NAME: James Timmons SITE ZONING: ADDRESS: 205 Dale Street DECISION DRAFT BY: TOWN: N ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Work Location.: SITE ZONING: 205 DALE STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 4.136.3.c.H(3 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 8972 1 37B 1 I 64 Reason for filing: Variance from 4.136(3)(c)r)(3) in order to construct a new permanent structure greater than 25% of the gross floor area of the existing structure. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE- FILING ECAUSE FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Aug 16, 2005 Wed Sep 07, 2005 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Aug 29, 2005 Fri Oct 21, 2005 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Aug 29, 2005 Tue Sep 13, 2005 SECOND ADVERTISING DATE: HEARING TIME: 1 VOTING DEADLINE: DECISION DEADLINE: Mon Sep 05, 2005 1 Fri Nov 25, 2005 Fri Nov 25, 2005 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTM461998 Des La}ors & Associates, Inc. O `tt ("!., ti �Geri. leo 4,e *,q,( ,( l t �► 5 i, a5 Abu PSS. c� 1 Date TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee $ Foundation Permit Fee $ Other Perivt Fee $1 ?.•, 6A NEW ENGLAND ENGINEERING SERVICES, INC. Town of North Andover certified mail 205 dale street BOA submittal 8/17/2005 8176 110.50 Checking - Banknorth 110.50 zsA 2 81 46 7- Date...................... d..... TOWN OF NORTH ANDOVER RECEIPT This certifies that 4y.. r11o.'! R' t . -I ........ has paid r°f'. 5o. t.. op ... L: ... ..�l�a�....�1.. ?.................................. for. 6d.r.i.!!.w-.C-.....9.-.00.,D..—..O. 7.......?. .`,a... ... Received by ....../.1.1.. Ala' ".1. 5: ?.............................................. Department.......... � .&. A............................................................. WHITE: Applicant CANARY: Department PINK: Treasurer NEW ENGLAND ENGINEERING SERVICES, INC. Town of North Andover 1205 dale street BOA submittal 8/17/2005 8177 50.00 Checking - Banknorth 50.00 q,;? Essex NOM i?isb q W i'Z Town of North And Town'Cfeiic Time stamp tam Community Development and Services Divisiow� ...CE11 ED_ Office of the Zing Board of Appler,. r �o r -, onoarea1+. r 400 Osgood Street C North Andover, Massachusetts 018452005 OCT 25 PM Gerald A. Bron Telephone (978) 688-9541 � 06 Brown Inspector of Buildings Fax (978) 688-9542 NOR T V1 1 Any appeal shall be filed within Notice of Decision This is to certify that twenty (20) days (20) days after the date of filing Year 2005 have elapsed from date of decision, filed without filing of of this notice in the office of the Date Town Clerk, per Mass. Gen. L. ch. Joyce A. Bradshaw 40A, §17 Property at: 205 Dale Street 1 own C ierK NAME: James G. & Sandra J. Timmons HEARING(S): September 13 & October 11, 2005 ADDRESS: 205 Dale Street PETITION: 2005-027 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of James G. & Sandra J. Timmons, 205 Dale Street, North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent structure greater than 25% of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune on August 22 & 29, 2005. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Thomas D. Ippolito. The following non-voting members were present: Joseph D. LaGrasse, Richard M. VaWancourt, and Daniel S. Braese. Upon a motion by David R. Webster and 2°d by Richard J. Byers the Board voted to GRANT a dimensional Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent 60'x24' structure, which is greater than 25% of the gross floor area of the existing structure per Plan of Land in North Andover, Massachusetts, Assessor's Map 37B, Lot 64, as prepared for James G. & Sandra J. Timmons, (owners of record), 205 Dale Street, North Andover, MA 01845 Date June 20, 2005, Revisions 7/20/05 Revisions per B. Osgood & Con. Com. [by] Joseph A. Esposito, P.L.S. #18923, Pembroke Land Survey Co., P.O. Box 205 Salem, New Hampshire 03079 and Architectural Sketch Plan, 205 Dale Street, North Andover, MA, Assessors Map 37B, Lot 64, Prepared for James G. & Sandra J. Timmons, October 11, 2005 [by] New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845 Voting in favor: Richard J. Byers, Albert P. Manzi, III, David R. Webster. Voting for denial: Ellen P. McIntyre. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting this land and this structure but not affecting the zoning district in general, a literal enforcement of the provisions of 4.136.3.c.ii.3 of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner because moving the existing structure or razing and rebuilding outside the Non -Disturbance Buffer Zone would cause great financial hardship. The Board finds that the existing dwelling was built into the hillside in 1973, before the enactment of the 1994 Watershed Protection District's Non -Disturbance Buffer Zone. The Board finds that desirable relief may be granted without substantial detriment to the public good because 205 Dale Street will be connected to Town sewer and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw because the square footage of the existing dwelling is well below the average square footage of the neighboring dwellings. Page 1 of 2 Board ofAppeals 978- 688-9541 Building 97&688-9545 Consenation 978-6SS-9531) Health 978-688-9540 Planning974M-% �E:t'li NTM % Town of North Andover Town Clerk Time Stamp Community Development and Services Division NEcEIvEo Office of the Zoning Board of Appeals TQ4A1,Il ,y ;-n �•r ,��., 400 Osgood Street North Andover, Massachusetts 01845 1005 OCT 25 Pi's► 14: 06 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 WR T Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2005-027. M37.BP64. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Consenation 978-688-9530 Health 978-688-9510 Planning 978-688-9535 r d D CD Gini n rid . . f S Itt n �r I OO i C:) gni C-) ® CD O �L7 `O p Q DTI Ln �liu f i � M 1 + 1 ! � 1 ji •Se � A 2^' v fj; = x ;y- a a.? S+ r " f C�} _ ji A 2^' v fj; ji Town of North And � over Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals RECEIVED C 400 Osgood Street TO CLERK'S OF ICE =, 6 Raymond Sanrilli, North Andover, Massachusetts 01845 Interim Community Telephone (978) 688-9541 2005 SEP 15 PM 3= 5 1 Development Director Fax (978) 688-9542 TOWN OF NORTH ANDOVER KASSACHUSE 3 Date 3— TO:— ` O: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a CpearD cial Permit Comprehensive Permit (40B) Finding for property located at: STREET: '?, 0 2n� Post -its Fax Note 7671 Datepj_ of pages sb To Q +a (�j 3 From In Co./Dept. I Co. Phone # Phone # -, / Fax # Cl 7 lb Fax # MAP: 3 74 j3 PARCEL: 6 q' TOWN: Je-f TO MEETING DATE(S): ' 0012 NAME OF PETITIONER: Uqm e5 6; 9 Steri / �f d 1� rh�5 Signed: (or petitioner's i` SEN 2005 Lui �-005 — o .� RE C� , Bosr�to SAppeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 " E {{L EIV ED TOVVi 11Le Ii I'S OF 1+✓7. 2005 AUG 17 Pr1 3: 4 2 TOWN OF NORTH ANDOVER �`'_' I � ff! #� U f NOR7{{ ZONING BOARD OF AP ARIANC� TK ��' ;� _ "°.•1"� PEALS MASSAciU ��, �i NAME: ADDRESS OF APPEAL: s '� Tl�t ��tis 2 � S v� L e .Si2 r;� Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an aDolicatinn - :— -,—_ The information herein is an abstract Of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will �r that are unCfArli cA.. mplete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The Petitioner applies for a Building Permit and receivers a Permit Building CommissioDenial form completed by the ner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an Board of application form to petition the Appeals for a Variance. All information as . required in items 1 through and including 11 shall be completed. Stet 3: PLAN PREPARATION Petitioner submits all of :the required plan information as cited in section 10. Page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN :INTEREST The petitioner requests from theAssessorsOffice a certified list .of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one 1 Step 10: RECORDING THE DECISION AND PLANS. Of all =ired informa+aon o he Town Gler�cs Offi; e mThe PXerox copiesetitioner is responsible for recording certification of to be by the Town Clerk with decision and any �ccompan i offili g the time and date Y n9 pians at the Essex ng. The original will be left at the Town Clerk's grey. North Registry of Deeds, 38.1 Common St_, Office, and the 10 Xerox Lawrence MA, and'shall complete the Certification of Zoning Board of A� will be left with the Recording form and forward it to the Zoning. Board of Appeals secretary. ttn E E m �l t and the Building Department. IMPORTANT PHONE NUMBERS: 978 688-9533 Office of Communi rt9 FUUa���� 27 Charles Street, Northe AndSoervices 01.845 8 ',` `'�-'`9�M8-9501 97&688-9542 fax for Community Development offices 97 978-688-9545 Building Department 888-9566 978-688-9541 Zoning Board of Appeals Office STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The .petitioner is notified that the- legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks uP the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper Publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The Petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the Petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. An appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk- Town lerk PAGE 1 of 4 Town Clerk's Office Assessor's Office PAGE 4 OF 4 9. WRITTEN DOCUMENTATION' Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A. Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, A -F individually, is required to be addressed with this application A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the; substantial hardship, financial or otherwise, which results,from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk`s Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a Proposed change in use. 10 A. Major Projects Majr Projects are those, which involve one of the following whether existing or proposed: I) five or more parking spaces II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information_ VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 11=40' I1) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: I. north point 2. zoning district (s) 3. names of streets 4. wetlandsif applicable) pplicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements_ 11) Legend & Graphic Aids: I. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales, 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A- Notification fees: Applicant shall provide a che& or money order to: 'Town of North Andover - #022-176"841 for the cost.of first class, certified, return receipt ($4.42 as of November 2003) x # of all Parties in interest identified in MGLA ctr_ 40A§11on the abutter's list for the legal notice cheek Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of Parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 -(one) year if not exercised and a new petition must be submitted. �4 - Page 2of4 Application for Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: ltAte S G-_ Atip sfNC>9 t4 I- 114,t4OA S x:05 IDOL 5T2+"C Na S,6 -- 7/C� 'The petitioner shall be entered on the kegal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: /Vue S (r- A N 7 sRN 7 R A J- 7-t /0 iu 0 " 5 o9 0-'9 DA.LU -L/0- E9 - -I _yo.27)­( At\-tP ©"e2.. A4r4 61OL/S Years Owned Land: 3 3 �_i F14 R S 17 8- 6 &S-- 7l 46 6 3. .Location of Property: a. Street: a o S r se Zoning District P= I b. Assessors: Map number s 7.a_Lot Number: (, y c. Registry of Deeds: Book Number 8 q 33 Page Number: / 8 4. Zoning Sections under which the petition for the Variance is made. 113 6 (3) )U C 3� 'Refer to the Permit Denial and Zoning Bylaw Pian Review as supplied by the Bul&V Commissioner 5. Describe the Variance request A-1 Lo -fir EXPANSE v,v 0i— ft S7-aor7-0fti •- �ts<<'2BfkyCE ton--rF - SKED PJlol t -,--t D�sT2ic i B'1 C� 4l� 'The above description shA be used for the pdrpose of the legal notm and decision: Amore detailed description is reguired:pursuant to the Zoning Ekmd Rules and Regulations as cited on page 4 of this application. Failure: by the.appricant to chwly describethe requestmay vesult.in a decision that -does not address the Went of the applicant. The decision wdl be Smiled to the request by the applicant and wit not involve additional .items -not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A_ % /0C ` — — n VRRIAn/C4,. D For' t_LI C2cl��ON B. % e3of. 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Padang Minimum Lot set Bads' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear lo, -tea c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bads' Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear qO,76 3•Z% % -75r DNA Iia 178 C,O % d.. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq- Ft Sq. Ft Coverage Feet Spaces 8� , loo % — — 7. a. .Existing Buildings: Ground Floor Number of Trial Square feet floors Sq. feet. /LIVO Minimum Lot set Baric • Front Side A Side :B Rear 30 3 31 Use of Building*' _ iZEs•��,;1�� �wr UL *Reference Uses from the Zoning By -taw. State number a UF*s in buikkV. b. Proposed Buildings: Ground Floor Number# Total Use of Square feet Floors ' Sq. feet Building' 'Reference Uses from the Zoning By -Law: State number of units in builydirg. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official torn of the Zoning Board of Appeals. Every application shall be filed the Town Clerks Office. It shaft be the of the petitioner to furnish all supportirg docurne�on with this application. The dated copy of this application received by the Town Clerk or the Zonag :Board of Appeals does riot absolve the applicant from this resporsbility. The petitioner shall be responsible for all expenses for flog and legal notification. Failure to comply with application requirements. as cited herein and in the Regulations may result in a Zoning Board flutes by the_ � of this application as incomplete - Signature Type above name (s) here 3 Rhin s G , —F I/V 1 M C, ti, s PAGE 4OF4 9. WRITTEN DOCUMENTATION' Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec_ 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, A+ individually, is required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially .affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results'frotn literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E_ Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10_ PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect 'nay be. required when the application involves <new•construction/conversion/ and/or a Proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five or more parking spaces II) three (3) or more dwelling units, M 2000 square feet of building. area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten 00 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' II) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300 radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1- Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3_ Graphic Scales_ 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*)- to some cases further information may be required 11. APPLICATION FILING FEES A- Notification fees: Applicant: shall provide a cheek or money order to: `Town of North Andover - #022-1760-4841' for the cost of.first class, certified, return receipt ($4A2 as of November 2003) x # of all Parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice chemo Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of Parties abutter's list for the decision mailing. nterest on the B. Mailing. labels: Applicant shall provide four (4) sets of mailing labels no larger than 1' (3 copies for the Legal mailing and one copy for the Decision mailing). C- Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. .4 TO1':° CLEcR`Ky IS 0 10`17 2005 AUG 17 Pt 1 3: 4 2 NAME:►�ntt S ADDRESS OF APPEAL: s '" L S- `%� M iL2 c1 NS Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (3o) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Z� Board of an application as Incomplete. The information herein is an abstract of more specific requirements listed in the Zoning. Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlinArr STEP 1:. ADMINISTRATOR PERMIT DENIAL: The Petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application forto petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION Petitioner submits all of the required plan information as cited in section 10; Page 4 of this form. STEP' 4: OBTAIN <LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in interest (abutters). STEP s: SUBMIT APPLICATION: Petitioner submits one 1 Step 10: RECORDING THE DECISION AND PLANS. ( ) original and 1 O Xerox copies The petitioner is r Of all =ired information #o the Town Cleric's Office the _ esponsibleforrecocdrto be b the T decision and any accompan i at certification of y own Clerk with the time and date y plans -at the Essex of.frling. The original will be left at the Town Clerk's County, North Registry of Deeds, 38.1 Common St_, Office, and the 10 Xerox Lawrence MA, and shall complete the Certification of Zoning. Board of A des will be left with the Recording form and forward it to the Zoning. Board of Appeals secretary. E(FM P1 fs and the BuildingDe IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community 27 Charles Street, North AndeN1ces 01845 08" 4Q8 978-688-9542 fax for Community Development offices 97 8-9501 978-688-9545 Building Department X88 9566 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 E NORrh -k "- o ' c IL SS�ICHO STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The .petitioner is notified that the -legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the Petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in- interest. Any. appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision's filed with the Town Clerk- Town lerk Town Clerk's Office Assessor's Office 08/17/2005 14:05 9786851099 NEW ENG ENG PAGE 01 Page 2 of 4 ication for a VARIANCE Zoning Board of Appeals 1. Petitioner; Name, address and telephone number: -ft AtC. e- fir_ Np G i C`, ..Fc ii '0 2 'rhe petitioner St l be wAered an the WjW notloe and the deasion as eneered ahm" 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: f{n+a O"' ell.. 6+A4�5 Years Oymed Land: 3 F - 3. .L6cation of Property: a. Street: aS D A O r re F 15 r` Zoning 'District -R - b. Assessors:, w !�Yr F ►Z ? F'r r �P nuR�3 7 A Lot plumber e y c- .Registry of Deeds: Book Number A!Page Number�tng 4. Zoning Sections ,under which -the petition for the Variance is'made, •IQ L3) (c � .i ii, ( 3 r. •Refer to fhe Penrwt.0aniat and Za" By4AW Pian Review as suppled by the gR7*Casmissio w 5. Describe the Variance request t-11-111 �-rC 171Sr�'z CCs ♦N ' T F 4Wi 7rA-e- i�C l� r/c"C , - i'7�` >i : rrI i (� R Zonirrg Bou'd Rutrs stj_* be used Mr the of.p notice and dr+usion A more dNailed 250 /t7 �9eft am as elte+d on page4 of this is, pra�srrant la tie additional � not "eluded atievr- Yreerrt e/ the appFipr t, Th aedsina wA heir ifed to the rem We aPpkwk lo by q� desalt..Ok requeM.WMy muM in appr< MR and WM not kwobe 6a, Difference from Zoning By -Law requirements: Zoning By-Lawv Requirements. (A and B are in the case of a tot split) iftdicate the dimensions that Writ not meet current Lot Area Open Space Percent Lot Frontage: Parking Minimum Lot set pack • Sq. Ft_ Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. �'f�21 B. L . A (.6' e 2/� D rZ� /j �'; C2EA --- 1 �T Z^ P^ .,,Aug 17 05 01:55p NORTH ANDOVER 9786889542 P.1 hit Tovm marth A BulMing Dqmdmmd 't 3 Osgood SL WoM AndWW, IMA. OMS ptmm I—'r%4SR.-qM Fax rt 94594M �y0W�W ta�vm mw PmoP�r'� DENIED 9Qs 990 �1� a�3«s^t�esettapa.�ws�a Plate m�a�SAa�•>rt,r3z�r9cr h�F�: tmlb and�,...M,.,1.maars.r^,Fr,�:sa..l�a�moatftanor b'F bImft ice•"._" [�<'i e:5i�. �'� R`.'v�iR �"rk�. �.^_+z �`YY.'S L^'�'^ / Buil � �';aa�-'. � �;.tt� A�glr► ta�'�i�i ,.Aug 17 05 01:588 NORTH ANDOVER 9786009542 e ist " The ftomft nwmm ie tQ 4uRi•m to w for" pemk for the prat k an the raves® skis: plwvwlt 5 /�E ✓ r.� stir 4c�rur�(�5 A�L�J!rs�RrcG�� TN! /uG�G ¢ FY SIO. m'r �'✓ •�Fc. rr.. �:%,,v��. •��C 3 �� l 5 o 1"P ✓t/` eco ro r t 4 S S..P c 4� /1 /35 3 Lir r5 i 1 I , C --i , S 1 � i NEW ENGLAND ENGINEERING SERVICES INC August 17, 2005 North Andover Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: 205 Dale Street, North Andover Variance application Dear Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the proposed structure is as a single family dwelling. B. The circumstances relating to soil .... which do not affect generally the zoning district in which the property is located. The dwelling which exists on the property is located at the edge of the non -disturb zone. The dwelling was constructed in 1973 prior to the enactment of the watershed protection bylaw. The existing dwelling is built in to the side of the hill preventing expansion in to the hill. The driveway is located in the front of the dwelling. Expansion of the dwelling to the rear would require the construction of a driveway for access which would require the creation of more impervious area in the non -disturbance zone than is created with the current proposal. The small size of the existing house makes the requirement of keeping additions less than 25% of the existing floor area a larger burden on this property than most existing properties in the non -disturb zone. . C. Facts which make up the substantial hardship, financial or otherwise, which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. The Timmons' have lived at the property for 33 years having built the current structure themselves. Having to move to another location or raze the existing house and construct the new structures outside the 100 foot non -disturb zone would be a financial hardship which would be to great for them to overcome. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 D. Facts relied upon to support a fording that relief sought will be desired and without substantial detriment to the public good. The property is located in a single family residential zone. The use will remain as a single family dwelling. The addition is located a large distance from the structure on the adjacent property and will not be detrimental to that structure or the neighborhood in general. The project is designed to have no impact on the water supply. A statement of why the impacts are reduced is enclosed. E. Facts relied upon to support a fording that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent and purpose of the bylaw is to protect the inhabitants of the town and the properties within the town. Since the property is residential and the neighborhood is residential there will be no degradation of the neighborhood which is consistent with the purpose and intent of the bylaw. Since the existing dwelling will be connected to town sewer and the roof runoff will be infiltrated in to the ground the project will have no negative impact on the water supply. F. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, 13,2 C C Benjamin C. Osgoo Jr., P.E. President WATERSHED SPECIAL PERMIT APPLICATION 205 DALE STREET NORTH ANDOVER, MA 01845 PREPARED FOR: JAMES AND SANDRA TUM MONS NORTH ANDOVER, MA 01845 JULY 5, 2005 NEW ENGLAND ENGINEERING 60 BEECHWOO E NORTH ANUO 1845 BENJAMIN C. OSGOOD, JR. CIVIL NO. 45891 . STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF A GARAGE ADDITION 205 DALE STREET, NORTH ANDOVER, MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water volume runoff from impervious surfaces. • Chemical loading as a result, of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters, i.e. Lake Cochichewick due to the following: • The site is currently serviced by a septic system which will be replaced by a municipal sewer. • Erosion control consisting of double staked haybales backed by siltation fence will be installed between the project site and the downstream wetland areas to prevent siltation during construction. • Increases in storm water volume will be absorbed by infiltration of roof water runoff in to the ground. • Use of organic and low nitrogen fertilizers and curtailing the use of pesticides will reduce the potential chemical loading in to adjacent wetlands. • Maintaining a 25' buffer zone area will promote on site treatment of runoff water. Application of the above measures will result in no increase in concentrations of nitrogen, phosphorous and other dissolved inorganic chemicals. The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 205 Dale Street, North Andover. ., P.E. BENJAMIN C. OSGOOD, JR. CIVIL N0. egiv STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF A GARAGE ADDITION 205 DALE STREET, NORTH ANDOVER, MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water volume runoff from impervious surfaces. • Chemical loading as a result of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters, i.e. Lake Cochichewick due to the following: • The site is currently serviced by a septic system which will be replaced by a municipal sewer. • Erosion control consisting of double staked haybales backed by siltation fence will be installed between the project site and the downstream wetland areas to prevent siltation during construction. • Increases in storm water volume will be absorbed by infiltration of roof water runoff in to the ground. • Use of organic and low nitrogen fertilizers and curtailing the use of pesticides will reduce the potential chemical loading in to adjacent wetlands. • Maintaining a 25' buffer zone area will promote on site treatment of runoff water Application of the above measures will result in no increase in concentrations of nitr Phosphorous and other dissolved inorganic chemicals. ogen, The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 205 Dale Street, North Andover. ., P.E. BENJAMIN C. � OSGOOD, JR. CIVIL NO. e91 WATERSHED SPECIAL PERMIT APPLICATION 205 DALE STREET NORTH ANDOVER, MA 01845 INTRODUCTION This application is being submitted to allow the construction of a garage addition to the existing home in the watershed protection district. The site is currently one single family lot with 75 feet of frontage and 90,762 square feet of area and is improved with a single family home and appurtenances. The lot as it exists today is fully landscaped with a mowed lawn which is used as yard and a horse coral. The enclosed plans propose the construction of a. garage addition to the existing dwelling. The new garage is proposed as being constructed within the non discharge buffer zone associated with the wetlands -at the rear of the property as allowed by the bylaw. The structure on Lot 2 however is located within the non discharge buffer zone of a wetland located on the opposite side of Marbleridge Road. This wetland does not receive flow from the site or from Marbleridge Road and a variance is to be sought from the Board of Appeals. SPECIFIC SPECIAL PERMIT REQUESTS 4.136(3)(c)(ii)(1) Changes in Topography or Grade Grading for the homes and the infiltrator areas will occur in the Non -Disturbance Buffer Zone. 4.136(3)(c)(ii)(2) Vegetation removal or cutting Grading for the addition and construction of the addition will cause the removal of existing lawn areas. No tree would be cut in association with the construction. 4.136(3)(C)(ii)(5) Increases in surface water discharge In conjunction with the construction of the garage there is an increase of impervious area resulting in a potential increase in storm water runoff. To offset the increase the existing structure and the proposed garage will have the roof runoff directed in to gutters and in to an infiltrator system which will infiltrate ,the increased flow in to the ground. The result of this infiltration is to reduce the flow from the site due to the fact that all of the water from the proposed roof will be infiltrated in to the ground. 36(3)(c)(iii)(3) Expansion of an existing structure in the Non -Discharge buffer zone Construction of the garage addition attached to the existing house. A variance will be sought to allow the expansion of the home by more than 25% within the Non -Discharge Buffer Zone . Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Prone MAP PARCEL Name Address 37.13 64 James Timmons 205 Dale Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 37.6 2 North Andover Realty Corp 0 Dale Street North Andover, MA 01845 mailing address: 59 East Broadway Haverhill, MA 01830 37.8 3 Agnes McCollister V',e1 W ✓H? 206 Dale Street North Andover, MA 01845 37.B 4 Daniel Takesian J.b�8 Dale Street North Andover, MA 01845 37.13 5 George Dyer IV Dale Street North Andover, MA 01845 37.B 21 George Boutselis x/90 Appleton Street North Andover, MA 01845 37.13 22 Augustine Salvetti \/9-5 Dale Street North Andover, MA 01845 37.8 23 Mark & Stephanie Aude X101 Dale Street North Andover, MA 01845 37.6 24 James Timmons 203 Dale Street North Andover, MA 01845 37.6 Daniel Giard 30 Appleton Street \,;t3025 North Andover, MA 01845 37.B 26 Robert Cheevers V106 Appleton Street North Andover, MA 01845 37.13 37.8 27 28 Stephen & Carol Hay Appleton Street 140 Appleton St Realty Trust 1'ejl( IN Y 40 Appleton Street North Andover, MA 01845 North Andover, MA 01845 37.13 66 Emile Giard v130 Appleton Street North Andover, MA 01845 64 12 Jan Bajan 218-220 Dale Street North Andover, MA 01845 marling address: Lo,210 Dale Street North Andover, MA 01845 64 13 Edward Morgan _oB28 Dale Street North Andover, MA 01845 64 21 John Vincent \,,KBear Hill Rd North Andover, MA 01845 64 62 Bernard Family Realty Trust \it0 Bear Hill Rd North Andover, MA 01845 64 76 Stephen Querzoli \,.P59 Dale Street North Andover, MA 01845 64 78 Eric & Jennifer Jones \,41 Bear Hill Rd North Andover, MA 01845 64 79 Rodney Kurtz (ja Bear Hill Rd North Andover, MA 01845 64 80 Michael Hunter --65 Bear Hill Rd North Andover, MA 01845 64 81 David McGillivray %/T7 Bear Hill Rd North Andover, MA 01845 64 82 Patricia Ford 1/89 Bear Hill Rd North Andover, MA 01845 64 110 Frank Lazzarino b477 Bear Hill Rd North Andover, MA 01845 64 134 Laurence Pare L,29 Bear Hill Rd North Andover, MA 01845 Date 7/5/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certifie y: Date 7 08/17/2005 14:05 9786851099 NEW ENG ENG PAGE 02 Page 3 of 4 ��R/�� Application fora CE MM 2mi- rill MR S. b. Existing Lot: Zoning Board of Appeals i. Lot Area open PLe Parbng Sq. FFe spacesspacesF Minimum Lot set • ront Side A Side B Rear 95,7b2 - —Y -2 z12 150 c. Proposed .Lot (S): Lot Mea Open Spa a Percent Ld Froe 5q. Ft -Sq. Ft. Coverage ge Feet Sp n D-- Fruit 17N/� d.. Lot Area a fide Lot: (As required by Pefterit Zoning B' -Law) Sq. Pt Sq. Ft CareraBLote rontage FaftV Spoon From `-0 7. a. Existing Buildings: Number of Total Square f Let i -'burs Sq. feet "nimum Lot set Back • Slide A Side B Rear Minimum La set Back • Side A SideB Rear 30 Use of Building• I�E�t.pE, A V1l . �f�10! ti9tS'l�R �1Q Z,g1rjA g� �! IM��K O:1A1:� %1 bll��g. ski r pOsed'$t�ildingS: oor Number of Taal the or Square reek Floors • Sq feet — auNding- zZR7S7� o s—� Iz z�9 By-t�! She rnrnDer of ur�+s !h tKridq�g. 8_ Petitioner and Landowner signature (s): Ems' WPk8§ ror a V8ftXe � be ttte Powe Ck*s Office_ it sfm0 be +flee °wde on this forrq which is drc offla'W form of the Aya�ion reWMd by the Town Clerk or� a Are DSO over �B..rl or, �h all Zoning eonra a nppee�s. rte, a, HO" Shall be filed WAh MSPGC"ft (a an wwwisft Res may reskrt in an a �, °n' � Appeft *P6C*r t nom tnls talon �. >:f Ilion. The dated Copy� �s�� of Oft >ents.,s l,dein ano., the Zoning Board Ruin and Signature /777 /1 _ �% I!'�tt�7 above ewe�S) here -7a.,_.