HomeMy WebLinkAboutMiscellaneous - 280 SALEM STREET 4/30/2018 (4)N(/Variance ci spe/cial Perrnit
APPLICATION FILED70N�:ic� R/
DECISION DUE ON:
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TOWN OF NORTH ANDOVER
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BOARD OF AP
—NOTICE
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Notice is he y - 'Ivan
f peals
that the Board
-at t 0
will give a hearin
r, Town Building, North An-
dover. on Monday evening,
the -14th day of February;
1983 at 7:3o o'clock, to all
partl�s interested In Ahe'ap-'
peal of :ROBERT C.r.,FOR-.
GET requesting a variation
of Sec. 4.133, Par. 30of the
it Zoning By;'Law'so �aS to
permit the disturbance. of
vegetation 'withir ' twenty-
five (25) . feet 61 butary
to Lake *Cochicht;.jlCk on
the premises located at 2 0
Salem Street.
By order of the Board of
Appeals.
" By: FRANK SERIO;'JR.,
J.- , Chairman
E 7r- ih.'31, Feb. 7,'1983.
AFRILM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE,
J.anuary.25.... 19.8.3
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on. I.-Ionday..
evening ... the 14 th day of ... February ........
19.8 3 , at? :- 3 Oo'clock, to all parties interested in the appeal of
... — ........ I ROTIERT . C... . F OP GET ..................
requesting a variation of Sec. 41...! 3.5 . P A r . . . � c-. of the Zoning
By Law so as to permit. the. disturbace . of . vegetation
within twenty five.. (25.). . feet.o-r- a..tril utary
.to..Lak.e. Cochiclaewiek,. on. t1lie. pi-e.n�ises..jQqated
at 280 Salem Strett.
................... I .............. �: .............
............. I ................................. I ......
. ..............................
................... .....................
By Order of the Board of Appeals
By:. Frank Serio, Jr., Cliairman
Publish: Eagle Tribune: January 31 and
February 7, 1923
Ldo
R E r" I - Y �_ D
D A N L 1-12 N G
�_ �_ F�i. I
T 0 V! ir' r 1 \
NORTH k'1i,'LiOVER
APR Z5 9 39 AM '83-
AMILT11
1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Any appeal shall be filed
(20) days after the
date of filing of this Notice
In the- Office of the Town
Clerk.
Date i 1. . 2 0.,...1.9.8 3.
Petition No.. . 10 - ' 8 3
....................
Date of Hearing ... Feb.ruary..14.,. 1983
... .......
petition of .... �OBERT.F.ORGET .............................. I .................................
.... .. . ......
premises affected ... �8O..Sa.lem..St.ree.t ...... ? .......................... i ..................
Referring to the above petition for a variation from the requirementi of the ..�'�ing.!�Y.�aw
Se jqti on-. A_. 1.3.3 .(.c) .......................................................
he disturbance of..ve _j�q tion within t n�y
so as to permit ....................... ... ge .............. . ��q. _;�ive..fe.et-(251)
pf..4� tribut.ary..t . Q..T,,pXQ..QpqhiqhQWick
.... ........................ I .....................
After a public hearing given on the above date, the Board of Appeals voted to ... PT;NY.'... the
var.ia;ice ............. ...............
PR=kt,X ............ : ...................................................................
Signed
Frank Serio, Jr. , Chairman
............ ..............................
Alfred E. Frizelle, Esq,,.Vice Chairman
...........................................
Richard J. Trepanier, Es.q., Clerk
................ ! .........................
Augustine W. Nickerson
....................
Walter F. Soule
..................................
Board of Appeals
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APR Z5 9 39 AM '83
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long,. Town Clerk
Town Office Building
Ndrth Andover, Mass. 01845
Dear Mr. Long: -
Any appeal shall be fl . led
Wlthln (20) days after the
'date of Ming of this Notice
Jn the Office of the Town'
Clark. 1.�*�
April 20, 1983
Robert Forget
280 Salem Street
Petition.No. 10�'83
The Board of Appeals held a public heaking on Monday evening, Febru-
ary 14, 1983 upon the petition of Robert Forget. The hearing was con-,
tinued to March 14, 1983 and again to March 29, 19.83. The hearing was
advertised in theLawrence Eagle Tribune on January 31 and February 7,
1983 and all abutters were notified by regular mail. The following
members were present and voting: Frank Serio, Jr., Chairman, Alfred E.
Frizelle, Esq.,, Vice Chairman,- Richard J. Trepanier, Esq., Clerk;
Augustine W ;�"ckerson; and Walter F. Soule.
The petitioner seeks a variance from the provisions of Section 4.133
Paragraph 3 (c) of the Zoning By Law to permit disturbance of vegetation
within twenty five feet (25') of a tributary to Lake Cochich6qick on
premises located at the corner of Salem' Street, Marbleridge Road, and
Dale Street.
The petitioner testified through counsel and the project engineer that
a Special Permit was granted by the Planning Board allowing the con-
struction of a sewer line through the property, being a triangle located
at Dale Streetf Marbleridge Road and Salem Street, The variance is
necessary because there is a stream, which is a tributary to the -lake,
which crosses down through the heart of the triangle and the 7 oning By
Law states that "a no cut buffer zone shall exist 25 fee-t,horizonta-Ily
from the edge of all tributaries in the Watershed.'� The petitioner's
home is located at 280 Salem Street and in addition to servicing his
own dwelling, he proposes to service three new lots on the premises.
Several abutters spoke in opposition'to the petition.
Robert Forget. '
280 Salem Street
Petition No. 10-183
Page 2 .
RE
DA IN'!
0 V E R
Nd
APR 25 39 AM '83
A motion was made by Mr.�Nickerson and seconded by Mr. Soule to grant
the variance as requested. The motion failed three to two, with members
Serio, Nickerson and Soule voting . in favor of the motion and members
Frizelle and Trepanier voting in opposition.
Therefore, the petition is denied.
Sincerelyf�
BOARD OF APPEALS
Frank Serio, Jr.,
Chairman
jw
D MUM flffl
1_0�,� . G TOWN OF NORTH ANDOVER
Non MASSACHUSETTS
DEC 17 f2 39 pm 18Z
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
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A Truo COPY
Dece-mber 14, 1982
R e : Robert Forget - Special Perm it - Watershed District
Dear Mr. Long:
The North Andover PI anni ng Boa rd hel d a publ i c hearing on Monday
evening, September 13, 1982 in the Town Office Meeting Room upon
the application of Robert Forget. The hearing was advertised in
the North Andover Citizen on August 19 and 26, 1982 and all abut-
ters ,were notified by certified mai 1. The foll owing members were*
present -and voting: Paul A. Hedstrom, Chairman ; John J. Burke;
and Erich W. Nitzsche.
The peti tioner seeks a Speci al Permi t under Secti on 4 .133 , Para-
graphs 3 (c) and 3 (d) of the Zoning By Law so as to permit the
construction of four new dwellings and alteration to an existing
dwelling with associated utilities located within one hundred (100)
feet of a tributary to Lake Cochichewick and removal of vegetation
w1thin twenty five (25) feet of a tributary to Lake Cochichewick
on lots of land located within the Watershed District and known as
280 Salem Street; Lot 2, South side of Dale Street; Lot 3, South
side of Dale Street; Lot 4, West side of'Marbleridge Road-, and
Lot 5, North side of Salem Street.
The site affected is located 'in the R-3 District, possessing an
area of 3.72 acres with total frontage of 1,205 feet. The pro-
pose.d dwellings will have the following dimensions;
Lot
Lot # Frontage Front Feet Deep S t o r i e s Ht./Ft.
Lot
1
210.49
40
.30
2 (35
Lot
2
125 .00
70
26
2 4,35
Lot
3
294. 93
40
24
- (35
Lot
4
298.38
64
30
<35
L o t
5
275 .83
80
30
<35
a I %
R F. f'
D , I .
Robert Forget - Special Permit A i 1_05., G
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December 14, 1982 T G. L -r- , ,
Page 2 N 0 F,, -;I,-� 6V E R
DEC 17 12 jg M, TZ
Mr. Joseph Cushing, project engineer, indicated the applicant
intends to take the parcel and develop it for four additional
house lots as shown on the plan dated May 4, 1982.
A sewer line will be installed to connect to the five dwellings.
The Board of Public Works has.reviewed the plans and finds them
acceptable and consistent with the 1972 Master Plan.
Several abutters were present' voicing concerns regarding the
current water problem in the area. Mr. Forget testified through
his counsel and engineer that the' Conservatio . n Commiss-ion has
prohibited them to fill below elevation 169 feet. Any fill
above 169 feet will have no affect on abutte.r.s.' property; thus,
increasing run-off will not occur.
Per a request of the Highway Surveyor, the applicant agreed to
provide drainage easements for maintenance reasons which will
ensure the�proper flow of water.
Upon a motion made by Mr. Nitzsche and seconded by Mr. Burke,
the Board voted to grant the Special Permit subject to the
following conditions. Due to the extent of on site wetlands
and to limit the potential downstream affects from development,
the conditions address the safeguards deemed necessary to
protect the neighborhood.
1. Modify said plan to accomodate three (3) new buildable house
lots (,as opposed to the proposed four (4), which will ensure
that the intensity of the proposed use will remain in harmony
with the general purpose and intent of the Wetland By Law,
and will not pose an environmental threat to surrounding areas
2. Require the plans to be revised to mitigate the increased rate
of run-off to zero (0). Provide compensating storage to account
for al ' 1 filling within the wetland as well as the increased
,rate of run-off from development. Compensating storage cannot
be created below the existing 170.0 foot contour line.
3. Provide in satisfactory form a deed of easement or conservation
restriction for all'the area below the -proposed 170 foot contour
to insure that it will not be filled in the future. Said re-
striction to be placed in the' deed. No work will be allowed
below the 170 foot contour line as it presently exists with
the exception of the sewer installation.
4. Provide in satisfactory form a deed of utility easement to the
Town of North Andover.
Robert Forget - Special Permit
December 14, 1982
Page 3
D A
T 0 -
ER
DEC 17 12 ?9 pM 182
5 Provi de i n sati s factory form a new pl an for recordi ng i n the
Registry of Deeds showing appropriate easeme'nts fully di -
mentioned, including the private.sewer crossings.
6. Provide invert elevations on the 30 inch drain crossing
Salem Street.
7. The North Andover Conservation Commission will be notified
after erosion controls are installed for i-nsurance of
compliance prior to performing any work on the site.
.8. No finish floor will be set lower than elevation 172.5.
9. Any disturbed or exposed earth to be left for more than two
( 2 ) months or over wi nter wi 11 be cl eare d o f debri s , 1 oamed
and seeded,
10. Submit revised plans and dr.ainage calculations for approval
by the Planning Board to insure strict compliance with the
conditional approval.
11. Require an "AS BUILT" plan to be submitted for approval prior
to the issuance of occupancy permits to be certified by a
Registered Professional Engineer stating that the work per-
formed is in co,,mpliance with the approved plans.
12. The Building Inspector will - be no.tified that no Certificate
of Occupancy will be issued on any of the dwellings without
the approval of the Planning Board.
13. No building permit will be issued until all work, including
but not limited to, the compensating storage area and the
water and sewer lines has been completed including final
loaming and seeding.
14. Require that the proposed 170 foot contour line be staked out
on the ground and notify the Planning Board for inspection.
The 170 foot contour stakes shall be maintained throughout
all c.onsfruction.
15. The area where fill is placed shall be delineated on the
revised plan and staked out on site, incl uding the sewer
lines to show actual work limit. The Planning Board shall
inspect and improve this wor-k prior to 'any work being
performed.
1.6. The re wi 11 be -no cut ti ng o f any tree s outs i de t he work I i mi t .
17. All t,r6es (6 inch dbh) withinten (10) feet of the sewer and
water services will be located and shown on the plans to in-
sure that they are not cut.
1.
Robert Forget - Special Permit
December 14, 1982,
Page 4
R E clr
lc'i 1
T
�:�:4!DOVER
DEC17 12 jq pM #82
18. Any and all trees cut outside the approved w6rk l.imit will
be replaced in accordance with the Planning Board's Rules
and Regulations.
19. Upon final grading, all disturbed areas will be covered with
six (6) inches of loam and seeded.
20. Any violation of these conditions -shall render this Special
Permit null and void. Alternatively, the Planning Board may
require the applicant to remove and/or restore any areas
vi ol ated .
21 In accordance with the Fire Department's. letter dated Sep-
tember 2, 1982, each lot owner will consult with said de-
partment concerning the underground storage of. fuel
22. A revi sed pl an wi 11 be submi tted to the Pl anni ng Board pri or
to 'any const ruct i on for re vi ew to i ns u re s uch pl an compl i es
with this conditional approval.
23. Any work required by the Conservation Commission will be re-
reviewed by the Planning Board for strict compliance with
the conditions of approval.
The granting of said Special Permit will, in no way derogatefrom
the intent and purpose of the North Andover Zonin*g ByiLaw.
Sincerely,
PLANNING BOARD
a. ca -0)
Paul A. -Hedstrom,
Chairman
PAH/hw
cc Conservation Commission
Board of Publ i c Works
Hi ghway Surveyor
Building Inspector
Applicant
Project Engineer
1. C C"
1.) D.
'R E C 1 1! E D,
ON G T Th i G L Cz
T L E' R K L_.Y en
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NORTH h, X D 01 V E R
ur: T H E' Z ON
L AF 0 R RE LI E' F T H E u I R M VT S,
JAN ?8 10 og AM '83 U I C E
7 i C,��= T Acibert -get
28'0' S -a I em st:-,.,�No.Andover, MA 01845(
Address
Tet,' 682rl64-5
C_ r G
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Fl& (3 e
Y
r a va r 1 an c e
I -Om the requii.reirierits of ction4,133 3c
0.� P
of tll-;e Zol-ling
Cb FCr a special Per7ii-It -under
e C t i on- Par?^- graph., of the Zoning
_!Dy - Laws.
7
C S a T)art), ag�rieved for rC-k7 i e
9 of �a dec'ision rnade-by
lns�-�ector or OLher aljt.hori-, 9
(a) affc-cL-_&d are I and X End &_,3 dings nu7-,,I- e r e d
280 5�jem Street
f:2; I -I 's 0 s fe-, Ct C� d a r e Property i:.1ith Jrronta&e o jj, t- I I C, r, -1: 1
s h E,- s t W"C s t sHe of
t 17 C- e -(3
T,,O-�\1.11 C -Is NO Ali
St.,
reet 4
$�ee addendum sbeet
C 1'7
!7
d
are in zonil g ltistric0r-3 -nd-the prl?�Inises
T .-ve �e__
!,1 1. d- 1);, - �-an area and f).-ojjt,,j of f e( -t
See addendum siteet
3.
a(!,3i-ess Of omner (if joil-It o.%,TnCYsh.1p, give
Joan E,
e o -o cl w:� s e
c v Ou s oimer Ethel Adam
j f
'his
s not Lnterest in tl)e prei-nises
t i. ve s e r
J.e s_< c e
r x
C_ 0 i: T -Oposed Voildin� r 0 1.1 t -
Te 't e
st Orl'e s
q1d i'h 7
end
A (2 (1; 0- 0 f e e C t i o n 1983,784
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1.;..:cy or
(of Car -'11 e5ioeiif
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on s
L t�r� ts,5 lon to di'sturb vegetation
wil,thj,n twenty-ftVe (251 feet of q tri-butary to Lpk
e Coc h t'aew t cli� "i n order to donst u
a 5ewer line,. PrQpo!5,ed con�,,tOudt i ' '65 W11 I 'be Jn compl tanct-, -th or -der -of -cond i.tions
iswed by N,-Andoyer Cpnseryati,on Com
1, s s, co n.,
259'
8. Deed recorded 1,n the R.egi,-s4,1y.of,Deeds i , 'n Book.` -1 e,-!. or
Land Court Certificate No Book� ..... Page,i,_,
ThE [)-,i rl'C�Z)al points upon whi ch I ba se my appl i cat i on a re as fo I 'I ows
t�.,ust be stated i n dEta i I ) 1. Whe-n T -)resent sewer line wa's installed _�,Iong
Fr14 S Siam
Y; �:-- Int, 1: r 1 d 9 e R d m y p G r lu- i on of the assessment was 55,000.00.
h_ N, . �� d a
e_ . If 'Uhis variance is not granted, approx. 2.5 acres of my property will
5e
3. Route of proposed sewer is most direct and efficient.
4. 1 feel that the granting of this variance would not be'. in der6gation
— Gf the i:atent -p-trPose of the lby-law; euid the VC1.L,_1a.UL;t: may be
g -ranted without substantial detriment to the public good.
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T j2 L. U
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A. L.1 9,oner,
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Rot C. Forg�et
S e c I APPLICATION FORM
Every a p p I i cation for action by the Board s h all: b e made on a form
approved by the Board. These forms shall 'be �furni shed by the clerk
upon request. Any communication purporting to;be an application
shall be treated as mere notice of intention t'o i seek reli ef unti I
such time as it is made on the official applitation form. All in-
forimation called for b the form shall be furnished by the applicant
y
in the inanner therein prescribed.
Ever -y application shall be submiited with'a I ist of "Parties in
Interest" which list shall include the petlAion r, abut.ters, owner s
of land directly opposite on any public ot , P ri va te. s treet �. or way,
a n d a but ters to th e a butte rs wi th i n th ree hun dred f ee t of t ' he property
I i ne of the pe t i t i one r as they a ppea r -on th e mo's t re cent a ppl i.ca bl e'
tax list, notwithstanding that the land of such ownerjs located
in another city or town, the Planning Board��of "the city or town, and
the Pl anning Board of every abutting city -Or town,.
Every application shall be submitted with an, application charge cost
in the amount of $25.00. In addition , the p.eti,tioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publication, but
are not necessarily limited to these.
LIST OF PARTIES IN INTEREST
Name Address
]j- --d*over MA 01845
M S.
P�obert C. and Joan 'I'. Forget, 280 Sale
tion 120 Main St. , North Amdover MA 01845
Rid-ewood Cemetery Associa I
I �D a Ra -on Rd. , Arlington 111A
Sti:art ---. Feskoe and Barbara E. Wolfinger, 4�- WS L, q
265 Salem St. North Andover r-9 0184,
Keith R. and Patricia G. Ashton, k� Andover
joseph S. and Elizabeth M. Slowick, 225 1�a rb- le, ridge Rd. North
_,E-thel, and Gladys Stork, 226 Salem St. North �.nd.,over r;.A 01845
jeridge Rd. North Andover "'1845
o s e ph J. and Angela B. Cavallaro, 240 Ma-rb 5
_1_--;t.h1en and Robert Olenio, 292 _Salem St., 37,c,,th ;zidover, Y_1k 018,
b 1 e r i d e '1- N ci r th rP,. nd o -v e r N -A 0 lkc`�- 5
ary H. Y'u--7ere, 202
L. and 1, 0
J. Bouirquin, 200 Ilarblerid�7e Rd., �`,_ndover NA 01845
any 20 T'urnopike Rcad,
-e; Eno-, a I
d Power Comp c/o John C. DC,
r
9 3
U "", e c (I d i t i 'a 1 t s i f ri C., C S Y
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Application for Special Permit
Robert C* Forget
280 Salem St.
North Andover, Mass.
Paragraph 2
Lot 1, north side of Salem, and known as 28.0 Salem Street
Lot 2, south side of Dale, unnumbered
Lot 3, west side of Marbleridge, unnumbered
Lot 4, north side of Salem, unnumbered
Paragraph 2
Frontage Area
2
Lot 1 210.49 58.841 ft
Lot 2 359-93 41,708 ft
Lot 3 298-38 321296jt2
Lot 4 275.83 28,399 ft 2
0
RAYMOND J. CANTY JOHN P. THOMPSON, CHAIRMAN JAMES D. NOBLE, JR., CLERK
I
I ORTM TOWN OF NORTH ANDOVER, MASS.
0
BOARD OF PUBLIC WORKS
. . . . . . . . . . . WATER, SEWER, PARK, PLAYGROUND AND SCHOOL GROUNDS DEPARTMENTS
0.
v SUPERINTENDENT AND ENGINEER
C" JOSEPH J. BORGES1
TELEPHONE 687-7964
March 7, 1983
Mr. Frank Serio, Chairman
Board of Appeals .0
120 Main Street
North Andover, Ma. 01845
Dear Frank:
The Board of Public Works would like to inform your
Board that the proposed sewer construction on the property
of Mr. Robert Forget is in conformance with the Master Plan
.for the extension of sewe r in North Andover. Mr. Forget's
engineer was in contact with this Department early in the
design -stage for this project and the proposed route for the
sewer was suggested by us in order that the Town would obtain
P?
the maximum benefit from this construction. Therefore we
urge you Board to grant the varience r equired to allow this
sewer construction. Thank you,,,in advance for your coopera-
tion in this matter:
- k�y�,
Z;
JJB/wh
Very truly yours,
BOARD OF PUBLIC WORKS
By
os h JK Borg
J
SuperinieJlentVi
I
RicH'ARD F. KAMINSKI AND AssocIATES, INC.
IENGINEERS @ ARCHITECTS e LAND PLANNERS e SURVEYORS
451 ANDOVER STREET
NORTH ANDOVER, MASS. 01845
TELEPHONE 687-1483
April 4, 1983
Mr. Anthony Galvagna
Chairman
North Andover Conservation Commission
Town Hall
Main Street
North Andover, MA 01845
Re: Forget Parcel, D.E.Q.E. File
No. 242-155
Dear Mr. Galvagna:
The following is in reply to the information requested by the
members of the Conservation Commission during the public hearing
held on March 30, 1983 relative to the above referenced project.
Question 1:
What is the total area below contour 170?
Reply:
Approximately 0.98 acres.
Question 2:
What is the volume of filling below elevation 170?
Reply: I
Approximately 500 cubic feet.
Question 3:
What is the volume of compensatory flood storage provided?
Reply:
Approximately 500 cubic feet.
Di
April 4, 1983
North Andover Conservation Commission
Page 2
Question 4:
What is the area to be altered below 170 due to the filling
over the sewer line?
Reply:
Approximately 1,000 square feet.
Question 5:
What is the area below 170 to be altered so as to provide
compensatory storage?
Re]21y:
Approximately 1,200 square feet.
Question 6:
What is the area below 170 to be altered for the installation
of utilities?
Reply: -
Approximately 3,200 square feet.
If I can be of further service to you in this matter, please do
not hesitate to contact me.
Sincerely yours,
Richard F. Kaminski and Associates, Inc.
Joseph B. C-ushitig- I
Environmental BiplogNst
cc: Robert Forget
Atty. Phillip Arsenault
North Andover Planning Board
North Andover Board of Appeals
JB C/j t
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01845
INSPECTOR OF BuILMNGs
ELECTRICAL INSPECTOR
GAS INSPECTOR
Board of Appeals
Town Office Building
North Andoverp Ma.
February 14,, 1983
Re: Petition of Mr. Robert C. Forget
Gentlemen:
Mr. Forget has not applied for any building permits;
thereforej there is no refusal of building permits.
There seems to be no hardshipt which is a requirement
for the issuance of a variancep since all the lots can be'ser—
viced with sewer from existin
.9 streets surrounding the parcel;
thus there would be no violation of the Wetlands or need for a
variance.
Very truly yours,
CHARLES H. FOSTER
4(ca�
INSPECTOR OF BUILDIIGS
CHF: af
TEL. 688-8102
,koRTN
.7 S CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 22, 19*83
The public hearing for Robert Forget who is requesting a variance
to disturb vegetation within 25 feet of a tributary has been re�
scheduled to Tuesday evening, March.29, 1983 at 7?.30 p.m. in the
Town Office Meeting Room.
If you cannot attend this special meeting,' please call the office
at 685-4775 by Monday, March 28, 1983.
Jean White
4
41L
CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
MEMORANDUM TO: Parties in Interest
SUBJECT Robert Forget - Variance Request - 280 Salem Street
DATE : March 22, 1983
The Board of Appeals has re -scheduled the public hearing for the
variance request of Robert Forget to disturb vegetation within
twenty five.(25) feet of a tributary to Tuesday evening, March 29,
1983 at 7:30 p.m. in the Town Office Meeting Room.
Ll
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J. PHILIP ARSENAULT
ATTORNEY AT LAW
CENTRAL BUILDING
316 ESSEX STREET
LAWRENCE, MASS. 01840
687-1500
March 4,,1983
Mrs. Jean White
Zoning Board of Appeals
Town Hall
North Andover, MA 01845
RE: Joan R. & Robert C. Forqet
Dear Mrs. White:
Will you kindly place the enclosed in
the Zoning file relative to the petition of Forget,
entitled above.
Sincerely,
f
awl
JPA --! d Philip *Ar,ault
Encl. - Order of Conditions
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FORM 4
ORDER OF CONDITIONS 307
W E T L A N D S P R 0 T,.E.C'T.1 0 N A C T.
G.L. C. 1.31, s. 40
and under Toum of North- Andover - B
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CITY/TOWN NORTH ANDOVER FILE NUMBER 242-155
NAME Joan F_ Robert C_ Forggj_ ADDRESS 7go
North Andover, MA 0184
CERTIFIED MAIL NUMBER
PROJECT LOCATION:
Address Dale, Marblertd�e & Salem Streets
Recorded at Registry of __Nnrth pggpy Book I -) q q Page
Certificate (if registered)
I
REGARDING:
Notice of Intent Dated May 24, 1982
and plans titled and dated see condition eleven,(11)
THIS ORDER IS ISSUED ON (date) June 22, 1982
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Pursuant to the authority of G.L. c. 131, s. 40 the North Andover Conservainii .
Commission has reviewed your Notice of Intent and plans identified above, and
Fa—s--ae—termined that the area on which the proposed work is to be done is
significant to one or more of the interests'listed in G.L. c. 131, s. 4
0. Town
of North Andover bylaws, Section 3.5 A & B Wetlands Protection. The North
Andover Conservation Commission Wereby orders that the following condTt-T-on-s
are necessary to protect said interests and all work shall be performed in
strict accordance with them and with the Notice of Intent and plans identified
above_e cent where su h Plans are modified by_2211
---------------------- _S21D�qions.
CONDITIONS
.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. -I-This order does not grant any property rights or any exciusive privileges;
it does not aulthorize.any injury to proviate 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, by-laws and/or re&u�lations.
4. The, work authorized hereunder shall be completed within one (1) year from
the date of this order unless it is for a maintenance dredging project
sub This order may be extended by the issuing
uNect to Section 5(9).
a ority for one or more additional -one-year periods uper application *I
aid
to the s issuing authority at least thirty 13D) days prior to the
expiration date of the order or its extension.
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1308
CY CONDOMS CONTINUED"' 2 FILE-NOf 242.155
Any fill used In connection with
thi projedt shIll be clean fill
containing no trnsh, refuse, rubbish or debris, ncluding without'
IL limiting the gentra li tY of the foreg:ing, lumber, bricks,'plast
wire,lath er,
1cpaper, carboard pipe, tires shes, refrigerators
motor veh les or parts of any of the f;r:going.
6.- No work may be.
commenced until all appeal periods have elapsed from
the order of the Conservation Commission or from a final order by thp
Department of Environmental Quality En&ineering.
7. No work shall be undertaken until the final order, with respect -to.
of
the Proposed project, has-been recorded in the Registry Deeds -for
the district in which the land is located within the chain of title
of the affected property. The Document number indicating such
recording
-shall be -submitted on -the form at the end of this order
to the issuer of this order prior to commencement of work.
8. A sign shall be displayed at the site not less'that two quare feet
or more than three square feet bearing the- works "Massacshusetts
Department of Environmental Quality Egninee ring. 'Number 242- 155
9. Where the Department of Environmental Quality Engineeri
ng is requested IV 7
to make a determination and to iisue a superseding order, the Con
ser-
vation Commission shall be a party to all agency procee
hearings before the Department.' 641igs and
10. Upon completion of the work described herein the applicant shall
forthwith request in writing, that a Certif,
Cate Of Compliance be
issued sLating that the work has been satisfactorily completed.
The work shall conform to the following described plans and additional
conditions:
a. Notice of'Intent and Environmental Data Form of Joan E. & Robert
C. Forget dated May 24, 1982/nine (9) pages.
b. Plans entitled Notice of Intent, prepared for Robert Forget by
Frank C. Gelinas & Associates, Inc., dated April 4, 1982, revised
May 4, 1982/thiee (3) sheets.
c.
Letter from Frank C. 6elknas,& Associates Inc., dated June 6, 1982
on wetland areas.
12. All areas currently under.El. 169.0 ft..4MSL) shall not be filled
or graded.
13. An erosion and sedimentation control plan shall be submitted to
MACC, and must receive approval an the
d be implemented prior to any
work at*this site. There shall be no mtockpiling of erodible materia 9
below elevation 169, all thoce above this elevation shall be protected
with haybales.
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2a
ORDER OF CONDITIONS: Robert Forget 242-155
14. A row of staked hay bales shall be placed between all
construction areas and wetland areas, and shall be main-
tained until all construction on this site is completed.
Upon completion of work, all accumulated sediment shall be
removed from wetland areas, and from the hay bale check dam.
15. All disturbed areas shall be graded, loamed and seeded to
provide restabilization of disturbed areas. After re�-
stabilization, hay bales shall be removed and sedimentation -
shall be removed from areas of accumulation.
16. All erosion prevention and sedimentation protection measures
found necessary during construction h? the North Andover
'Conservation Comm.ission will be implemented at the direction
of the NACC or Highway Surveyor.
17. SSDS designs approved by:the North Andover Board of Health for
all lots on this site shall be submitted to the NACC for'.review
of work near weLland areas.
18. Any changes in the submitted plans, Notice of Intent, or
resulting.from the aforementioned conditions must be sub-
mitted to the NACC for approval prior to implementation.
If the NACC finds,.by majority vote, said changes to be
significant and/or deviate from the original plans, Notice
of Intent or this Order of Conditions to such an extent that
the interests of the Wetlands Protecti - on Act cannot be protected
by this Order of Conditions and would best be served by the
issuance of additional conditions, then the NACC will call for
another public hearing within 21 days, at the expense of the
applicant, in order to take testimony from all interested
parties. Within 21 days of the close of
o;aid public hearing, the
NACC will issue an amended or new Ord r Conditions..
Any erro rs found in the,plans or information submitted by the
applicant shall be coftiidered as changes and procedures
outlined for changes shall be followed.
19. In addition to the requirements of Condition No. 10, the
applicant must submit a letter, from a professional registered
engineer certifying compliance with this Order of Conditions�
Said letter will certify, but no be limited to, the following:
a. "As -Built" elevations of all drainage ways constructed
within 100 feet of -any area subject to the Wetlands
Protection Act.
M47 -M
ORDER OF CONDTTTONS: Robert Forget 242-155
b. "As -Built" -elevations --and grades of all filled or altered
wetland areas.
-C. "As -Built" elevations and -grades of all -areas altered to
provide compensatory flood storage.
d. Distances to all structures and alterations within 100
feet of any areas subject to the Wetlands Protection Act.
An "As -Built" topographic. plan of all areas within the
jurisdiction of the Wetlands Protection Act must be submitted
when a Certificate of Compliance is required.
20. The provisions of this order shall apply.to and be binding
.upon the applicant, its employees, and all SUCCC3sors and
assigns In interest or control.
ME
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:3,tOORDER OF COND7TIONS CONTINUED 3 - FILE NO. 42- 155
The Ap licAnt, any erson aggrieved.by this order, any owner of -land -
tin t9e land 'upon P s
abut 9 which the propo ed work is to
r e done, or any Len
esidents of the city or town in which such land is located, are hereby
notified of their right to appeal this order of the Department of Envtron-
mental Quality Egnineering provided the request is made in writing and
by certified mail to'the Department within ten (10) days from the issuance
of this order.
ISSUED BY NORTH ANDOVER
CONSERVATION COMMISSION
On this 22nd day of June 19 82, before me personally
;ppeared Anth ny Galva�na
to me
nown to.,be th6- person described in, and who—executed, tore& in—&
instrument and acknowtedged that he executed the iame as his freo
deed... e act a
4.
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.----.YY Commission expi.res /,4*/,0
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER
OF THIS ORDER PRIOR;TO
COK14ENCDIENT OF WORK.
To NORTH ANDOVER CONSERVATION COMISSION"(rssuing Authority),
PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT Rale 'Marble-,,
ridge & Salem -straetIFILE NUMBER 242-152 HAS BEEN RE -CORDED "AT
.711E
RECISTRY OF North
ON (DATE) Sept. 14, 1982 i
-If recorded landp the instrument number which identifies this transact'
is Book 1259 * Page 322 ion
if registered land—$-tlie--document number which identifies this transaction
is
Signed �� �_nt
Recorded Sept.14,1982 at 9:58AM #9515 -
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RAYMOND J. CANTY
JOHN P. THOMPSON, CHAIRMAN JAMES D. NOBLE, JR., CLERK
TOWN OF NORTH ANDOVER, MASS.
BOARD OF PUBLIC WORKS
WATER, SEWER, PARK, PLAYGROUND AND SCHOOL GROUNDS DEPARTMENTS
S C" SUPERINTENDENT AND ENGINEER
JOSEPH J. BORGES1
TELEPHONE 687-7964
August 26, 1982
Mr. Robert Forget
280 Salem Street
North Andover, Mass. 01845
Dear Mr. Forget:
The Board of Public Works has reviewed your plans for extending
the sewer system across your property and find the location to be
consistant with our sewer master plan.
Very truly yours,
BOARD OF PUBLIC WORKS
�J&0orj?ews!r,_s-i_upt.
Jos ph .
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