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Miscellaneous - 400 WINTER STREET 4/30/2018
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IF 42 y G y CD O > > m U2 O O N m r p _ Er y 'O V a ao�: m o 5=. C. O H V d m •� O 01 y .y.► -CCD H O CA N O m d CDH O O t7 ..► O cc F CD m, CD CDLF o o � m CL. C.) 0 o� �m m 3 Cn X, ro a CD C� -� n o trJ �} 9 ., � r� 71 �1 O OQ a- h7cn ti n c) J7 O A � M � � O OQQ � ae :p � n � ^� O � O 7 cz � cp �- O 4 r, x Y r �2J m V omq 0 9 0 c t ~' FORK 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 local or state law, regulations or requirements. ****************Applicant fills out this section***************** APPLICANT: ?-CW I Z� &A [\) 0. Phone LOCATION: Assessor's Map Number Parcel Subdivision Lot(s) Street 400 U3 L"', St . Number ************************Official Use Only************************ RECOMMENDATIONS OF TOWN AGENTS: Conservation Administrator Comments Date Approved Date Rejected Date Approved Town Planner Date Rejected Comments Food Inspector -Health v,-- - t,,4 A&2-� Septic Inspector -Health Comments 5X67 -CAI Public Works - sewer/water connections - driveway permit Fire Department Date Approved Date Rejected Date Approved Date Rejected Received by Building Inspector Date Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director 146 Main Street North Andover, Massachusetts 01845 (508)688-9533 November 17, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA Re: Building Permit #95-337 Dear Mr. DiSalvo: It has come to my atte_nr-ion that additional work beyond the scope of your Building Permit is being performed at 400 Winter Street. In accordance with 780 CMR 122.1, this will serve as written notification to immediately cease and desist any unauthorized work on the premises and IMMEDIATELY file for the necessary permits. Pursuant to 780 CMR 125, you may a_cpeal this order within 45 days of the receipt of same. Failure to abate these VIOLATIONS will result in complaints being filed against you as provided for in 780 CMR 121.0. Y rs truly, Richar Colantuoni, Local Inspector RAC:gb c/R. Nicetta, Bldg. Commissioner Method of Service: Certified Mail, Return Receiptn� equ SLe BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANMNG 688-9535 Julie Partin D. Robert Nicena Michael Howard Sandra Starr Kathlem Bradley Colwell X OV 17 ' 95 ,. `? 4 FR:1111 GEO-PHC (IH11: HE'=ITER 11H _Georgia - Pacific Corporation 11/17/1995 300 Gay St. / Manchester Nil 03603 / GP FASTSeam (c) 1990-5 GEORGTA-PACIFIC CORPORATION Project PRTDECR Location : PAUL Mark 1 Description : JOIST Usage Floor(Joist) Rep.Strs. : No Max Defl: LL. = L/ 480 TL = L/.240 PAGE .001 B-21 �Ru v 4.10S,�- Spacing 16.0" Composite Action: No + 23-10- 0 + 12- 2- 0 + nts 5.5011,565psi 4 8.0011,565psi M 5.5011,565psi O.A. Length = 36- 4- 0 (Span is horizontal dimension to centerlines) Project Design. Loads! Floor: Live- 40.00 psf, Dead- 10.00 psf Liva+Dead Load(T) Live Load(L) DOL Location* t! Shane QStart . @End ¢Start eEr_d Incr. $pan!# Starts Ends Add. trio. Uniform 50.0 psf 40.0 paf 0% 0 0 36.00 16.0* o.a. *Dimensions (feet), measured from left end when span## is 0, otherwise, from left end of the specified span 'Support 1 2 3 Max R'n (lbs) 675 1591 329 Min R'n (lbs) 1.20 318 -154 DL R'n (lbs) 132 318 29 Min Brg (inch) 1.50 3.50 1.50 III Design Value Span# x Group Allow Ratio V (lbs) 905 1 23- 6 21 1350 0.67 M (ft -lbs) 3410 1 10- 5 22 5993 0.57 DLL(inch) 0.41 1 11-10 22 0.60 0.66 L/705 D -TL (inch) 0.50 1 11-1.0 22 1.19 0.42 L/570 USE: GP WI 43 14 (3 .50x14 .00 ) (arrde & depth selected by ufterl Wood -I Beam tm Georgia-Pacific Corp. Bearing Stiffeners: 2 0 support 2 Nares 1. Designed in aCeard3nCe with National Dasign Specifications for wood Conatructtorn and applicable Approvals or Research Reports. 2. Provide lateral support at the bearing location nearest each end of the member. Continuous lateral support required for compression edge. 3. Loads have been input by the user and havt not been verified by Georgia-Pacific Engineered Luer Technical Services, 4. Design valid for dry use only_ S. Bcarj,1g length Lvzed on de..-ign erxterial; support material capacity shall he verified (lry others}. 6. When required by the building code, a registered design, gro:ensional or building affieial should verify the input loads and product application_ 7. This engineered lumber product has been sized for residential use. A concentrated load check., per the building code, must be performed for commercial uses. a. Stiffeners are required, shall be installed in accordance with manufacturers specifications. 9. Provide approved uplift resistance at supporta with aegative reactions. 10. Company, product or brand names referenef,'d are trademarks or registered trademarks of their respective owners. Steve Hadley Sales Rr?prs�:nrsDve DiSUlbutioll Ditissi0n E 3 Georgia-Pacific Corporation Ma iKNHCM08 (6W) 6273981 Mwl AAf Std? 310 CMR 10.99 . _ Commonwealth ' of Massachusetts RE1 �Ei'VE JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER I! r Iti i i : -.-a '55 400 WINTER STREET DEP F;b No. I---- (to 242-754 w+ awKsn or UEI'I Cay.Town North Andover ADWIC3111 PAUL DiSALVO Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover's Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION C01•114ISSION To Paul DiSalvo (Name of Applicant) 400 Winter Street Address North Andover MA 01845 This Order is issued and delivered as follows: Same (Name of properly owner) Address Same r -- by hand delivery to applicant or representative on Idalel by certified mail, return receipt requested on 0 ' -(d te)/ 7 Chis project is 1ccated at 400 Winter Street The property is recorded at the Registry of Northern Essex - Book 02896 Page Certificate (if re_:stered) The Notice of l; gent for this project was ailed on April 28, 1995 The public hea.-:ng was closed on May 17, 1995 Findings Tte North ::ndover Conservation Commission (dzrlel (date) has reviewed the abOvl?•relerPriced rjol ce of Intent ano Glar.s and has held a public hearing on the project. Based on the inlorrnalion a�allaeie tc the ,dACC at this time. the _IAC(' _ has oeternrnred that the area on wr;.cn the proposed work is to be done is significant to the Ictlowm:7 interests in accrjronnce vith mCC��.c the Presupt,cns of Significae e1 orth in the regMatrons ;or each Area Subject to Protec!iori Under tile t h. /i� Recreation Act (check as z::prcpriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178 tdildlife Pubii;. •.rater supply ® Flood control El Lnnd containing shellfish FY Private •crater supply (� Storm damage prevention Fisheries Grounc water supply (� Prevention of pollution Protection of wildlife habitat FJ� S bmitted $55.00 State Share $15_.00 (V- leC! 'n nr.cOss of .52:5) State Portion S (Li total) Iota t tng__ u CilylTown Sh�.,e 40.0 Total Refunc Due S City[Town Portion S _ ('ii total) � Commonwealth of Massachusetts W City/Town of No.Andover System Pumping Record Form 4 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ ietran DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days fro accordance with 310 CMR 15.351. A. Facility Information 1. SystemLocation: L i Address No.Andover City/Town 2. System Owpac;. Name Address (if different from location) City/Town B. Pumping Record 1. Date of Pumping 3. Type of system: ❑ Other (describe) DEC -�) _D HI DA f of EPANDOVER HEALTH EPFiTMaNT Ma State State Telephone Number 01845 Zip Code Zip Code 2. Quantity Pumped: Date Gallons ❑ Cesspool(s) Septic Tank ❑ Tight Tank ❑ Grease Trap 4. Effluent Tee Filter present? ❑ Yes o If yes, was it cleaned? ❑ Yes'�o� 5. Condition of System: 6. ped By: Name 1 Vehicle License Number Stewart's Septic Service Company 7. Location where contents were disposed: Stewart's Pre-treatment Plant, 20 So. Mill Bradford, Ma 01835 Signature ¢f Re6gving Facility Date Date t5form4.doc• 03/06 System Pumping Record • Page 1 of 1 Location 4o0 wARti& No. 33"Date aq ,►ORTN a TOWN OF NORTH ANDOVER 3? ♦� a OL p Certificate of Occupancy $ CU �A Building/Frame Permit Fee $ VS CH's ss� HuSEt c Foundation Permit Fee $ y Other Permit Fee �j"Y�j $ _ f b' N Sewer Connection Fee 1 $ Water Connection Fee $ T TOTAL $ Building Inspector 8 6 D Div. 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I I S I I I I I i l I I� r l l l ISI I 'I I" b . 4 ;ar-i >01 NrN Zm m n>0 ") NZZ V03 J XkN -I ® D U Nps p3m m iLp0 tn0 n �z4 mN3 v0m � q Z ,� • `c mW0 An z v r X00 -fir Z 0 r-4 ` ?-1Z A} = 0 O a.. 7O v m 0-1 �> 0Z, 10 mm N� m D m T z r ;�m C7 O z Cn m D 0 z T z CA C d �C _• O O y � CD Z CO) CD Cr c MM O C = CO) .O O CC'J O v cD C.� O CS co CD CCD O CD C O W CZ 0 y O C2 t0 CD CO) Cl 'O Z O O oCD CD0 I c SR m cy o'Co. .m c M- 37- m� �.,,. ..m_ M - -� m aim o m V o �. � it a c o n � C: CL 0 0 C-)= A i dy 1 0 3 �- C. R' 3 y � I1 n mo' _ c W — a �� M CM COD y C* „y O m m :� o"oo :d = Co .. o 0 0 .. CD o y '•_� D off. o w� =m a y 0 0 �d r a.� o � 5�: �o � m 0 (D CD 0 n 9 y °= g O H � °= cpn � oda a n n �tTl H ^ occ - z c� i=- A ua S Irl r f1. 0 � � C d z z c ^ n cn R 0 CL \ �- O y v tz r O 0 0 0 c CA) 0 0 c 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 local or state law, regulations or requirements. /****************Applicant fills out this section***************** i APPLICANT: �; ,; i j ✓ 0 Phone GSA LOCATION: Assessor's Map Number 1LL(4 /1 Parcel ii Subdivision Lot(s) Street L�rr)c� ( �, �� S } St. Number _90C) ************************Official Use Only************************ r RECOMMENDATION OF TOWN,A/GENTS: V Date Approved Conservation Administrator Date Rejected Comments // 62, Town Planner Comments V /S�t Food Inspector -Health Septic Inspector -Health Comments / Ws Public Works - sewer/water connections Date Approved Date Rejected Date Approved Date Rejected 6 f2d s Date Approved Date Rejected - driveewa�y_ permi Fire Department Received by Building Inspector Date TOWN of NORTH ANDOVER AFFIDAVIT .•n- lqrmwent Gxt=tor SWOWt to Pemift AgAicatim ! a• 1 1 / - a•• . ■ w • irzOore _ • w • a•:1 IIN c• i r. w •IWOW6 o wY • II• • alla .11• •.11• ■ • o Woo 1,1918ailars @K6,10W. 041 wroquinijr.• �+� ■ • ••• •1 �• • 1 • • S.Y •z1ar- •' 6111rol 1. •- •• - • .•J �• •• ■Y. f•w 1 1 •� Y.1 :J••a•■ • . • • 1 1 • 1 a• I all - Type of Work: Rca ; y C};gn o C i1v J S' 2 Est. Cost Address of Work Q0 CJ , ,•� c S Owner Name: �� J I f)( C e I v o Date of Permit Application: ? — C- ^ 9 I hereby certify that: Registration is not required for the following reason(s): Fcr office Use Only Work excluded by law _Job under $11000 Building not owner -occupied Owner pulling awn permit Other (specify) Notice is hereby given that: R2rdt Ni). Date OWNERS PULLING THEIR OWN PERMIT OR DEALTM WITH UNREGISTERED CON'IRACIORS_' FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRA- TION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. Signers uxkr penalties of perjury: I hereby apply for a permit as the agent of the owner: Date OR: Notwithstanding the ab owner of the above pro Date Contractor Name Registration No. notice, I hereby apply for a permit as the Y: '0 er Name Ait � ryO.ry KAREN H.P. NELSON D(rmor n Town of ' NORTH ANDOVER BUILDING CONSERVATION VSs'°� °` DIVISION OF HEALTH PLANNINGPLANNING & COMMUNITY DEVELOPMENT DEMOLITION OF BUILDING AFFIDAVIT DATE OWNER'S NAME & ADDRESS Rly L� 0 D L -L.1; n+c r a., . 120 MainStreet, 01845 (508) 682-6483 LOCATION OF PROPERTY TO DEMOLISH `/�� C�_J����r $ ?'f DESCRIPTION C_ -4n lr Q G"i e0�/Iew �Dv� CONTRACTOR'S NAME & ADDRESS e cQ e r" a \ a lcoft-, T p . nn ,j �7 �-r-+ �r -M�p— �,I..IDA 910 '/i� 1P'1�11(r1i :��� i(o�rn.��`n.C' ��.�r� 1 A DEPARTMENT SIGN -OFFS DEPT. OF PUBLIC WORKS - WATER: SEWER: NIS GAS ELECTRIC TELEPIIONE %11 CABLE TAXES POLICE FIRE EXTERMINATOR DUMPSTER - ON/OFF STREETn -FF DIG SAFE NUMBER DATE RECD BLDG. INSPECTOR 9' S26 -/0�, E Mlol k e �,G 'P6 37 0 LOT 87,120 S. F = 2.000 A D 2r ick S �C meq).. 0HA1,_11,11- I T' Irr t r'r V A : W, K 1,4.01, G4RAGE 13. p6• rn� v i Uig F q - N 42°-58'46" W 4 -L % c PROPOSED r NEW GA 34 93, 6' ti r 1 EXISTIN GARAG u cv \ V, 0� N moo. RAZED WINTER ST �j (PUBLIC VARIABLE - WIDTH) 1' , ! t s# 1 • � }I i, y� M{ � " J t. 3• .t i •. Y. ;;t a TO ' h/f� i!t'�i S go isy appeal shall be filed' A, (20)deye after the+ dat$ Q filing of this t aticaln the Qf f ics ice* i OF ' NQR I �� i ►f,� 1 Af theTa1wm Clerk. t• 4. Slii :. .. PEA r I;t��, gr���� ���i so �p e , �T^!`� '^.SV1 t t 1�'I�h �I j S" S i1 I, t,, # , .� ', 1 � � � s 1", 4 �IY•1 t K1, a I r- �Y -NOTICE OVDRCI SION-• ,I ,� � �,R � �, `' a�xt y "�' .i �' ��Y �t� �' e M1, Ri��t� ' �il !i'j 1s ti, 4tt��i11 1 t I •+ i �1 . i I = i '��� �Q.� e1{h{� t ��t { � � w. d �1��y ,.R i� . t ., ° t c � •F �" - ' � � y ; ! ,��nuary i�r}..�, � �;yS � � �,V + , Rate i � . �brr" —q 4 � n 11fFF Pogo= of Paul ;DiSalvo, T ustpe, Tenney ' ealt3�, + . , } a • li Y 1 1, 1 '•F i 400 Winter.' S���@C ; 1 ... s .. «s:1 6'. s= to abs oar a vara ({ta: the'raqu u eat 1gg; } A.iga s •�. Sacti.ou 9:2, Paragraph 1 of the 2oninB `', AyjAw e4 :' a_ .r;t# . . � � .• �j ,, � �', r }�1�14 r# �' ��� I � 4��1f� °j�i��� t� f��k � k Alterati.QntlYaf irk w ad or nd ne ! ara a on `th two car garage . au�....� . �h ,: . « ..? , k } 400 �t i to Street. 1 +, i' ; f # �'�� ' + yi ` � . •, . Ate' a public hearing gfven,ut above Beate, the Boad:o# SpsGia] k axmit .....:. `... "�, .. k and .*p Guth tht71 ,i { t, `j1 tyF I rtke 44 M. ..�YT•.t Paul. DiSalvii Trustee :Tenney `boa ty..TuSt # { - . - - _ _ , t _ � , .r. [t • f. a �' � � t'.� �t �a } ;� _ • iy; . }I�};� a d finds that the li:cant has I$latisfied;'thle ; rpq a orie t r" The 8o p PP , Paragraph 9.1 of the Zc>ni g Bq aw and, that- such +coang-0, 69 side, a shall - not be . substantially; . mox'e detrimental chaA.:xhe '0)44 ►S , t i u e:tructure to the' neighborhoo4. i +, ± , ' < 1 i it , : Segned it �., 1 k Walter Soule,t' l��I ; C�iai�m n, � # r 1, RaypaPxkd "' , } • . T ' ... . p Y x i :. r F ,� p , i ! , phn Papal t. ,�tirpi j � {����+t i i � (:, � . � �o��eph' �1�ri. �:! ►h+�� "hE��' a,� ������� (tk � z� °� � ��,t�';,:. k s � r +" IM 14i . 1!} rr• 1`.a 1} t q4q/t N ; -• tl � t ' � t � i}91(x �,� '": l 0 •• ., } Y-�' �. t7 1 - .L.S g f s }t li }] ."}I c � a<f t 1 f I ti r� �'"" 1�: j;S � # .' � I t , e c � Idt , �` �r � tt IJ •.� �� � a �� AA RT11` ipitCL}U7 �a@ i s AMI Any appeal shall b filvci a �� within +,t ^ the * ,, , * g :: ►�� "VI A .IR VI th Q�rice Qf, the Town z14U the 7 Y s a Cie. TQWN pF NORTH (ANDOVER MASSACHUSETTS 130ARD ' OF' APPEALS Ott � I� Paul DiSalvo, P+ 1 Trustee M Tenney Realty Trust `;I! Petiti4 ii#5!� ' 4Q0 Winter Street i YS + � The Board of Appeals held" a regular meeting, 'on Tuesday' eve n January 1 10; 1995 continued . t6—,.'Februaryy ' Y4,>x ;� 1995- upon , !thk application of Paul 'DiSalvo requesting.a Spec}Oi M=it Uzoetr k Section 9.2, Paragraph 1,'of the, Zoning B lad, l=o?'so Y`Is o, pi alteration of -rite"-.an a non co f1. ., n orm�.ng, bu�.ld�ng , to" .e�Ca;�ta.n� r � car garage and add a porch ;and new garage on' the ,grem� `ses looaed at 400 Winter Street: The following members werei�voting #nd present: Scott Karpinski! Ray uiuenzio,; John P4'.' o- e,, Joe, F�a��.s and Walter Soule s 'Y „ F �� The hearing was advertised in. the North,Andoverq4tizeyon December 12 and 28, 19.95 and all abutte WAX nQtifie ,by': regular' mail. ,. Upon a motion by Scott Karpinski and seco 1ed:b R Viae bo the hoard voted un n' ' usl to: p Y a a im:q Q?MT the. Special, �erM� t t.o' pex��.ta alteration of a non-conforming building.: { The Board finds that the applicants has satisfied.:the ,prQui.siok hof• Section 9,• Paragraph`' 9.1" of they Zoning Bylaw; �and'�1,•that change, extension ofalteration shall not be substantially .detrimental than the 'existing nor-conforming si*rurture. to'`he°' neighborhood. Rated. this 23rd clay of. Fek�, nary, 1995 BQARP I OF APPEALS SS LL ' h , 7 WA#.6 ou e Acting Cham n { ,r• ,r _ r v�.r,� 1, #1 r r� 5�:' r'." � j Z ��I� ' 1 '�`^+ 1�} w f : ' �•Mr � I � 5f I��'1 � I' � y , �' �R ' s Fall � � F .�+ } h • ; 'v .:fit e sit 11 ,Iw 'ern Dist of *i c } e i 1 r _ i ,Ii00 n AAA I �(�{'�1 {rpu�I 1 �,:I�.I fI� t �� a�+ej�` rl � ip � All, t B I I ' .. P 1116 0 1.17 �I YQU,! Thoma.. , YI`' r RPCIi� I"- tSfi, Deeds f >d i f Ld i .tx ;�' I _ '.4 I� F III j, 4 � �� 1• � j �IL� 1 I I �''�I i7r .y. I ra-}1• '( �•I F} 1 ��� � •IAV"�' • :w. � I 4 f �.1 S {}� e a [ 5 } td:i t 4 iy e� I} �. 1 � �r• Bei 1� ��, r•. � � � S �� � i }• } �a(. ,IIS r � e '�'� til ej 1 i �P 1 t i i It ' '1 �I ; han lo �. si I x ,I •�f P , n { ,r• ,r _ r v�.r,� 1, #1 r r� 5�:' r'." � j Z ��I� ' 1 '�`^+ 1�} w f : ' �•Mr � I � 5f I��'1 � I' � y , �' �R ' s Fall � � F .�+ } h • ; 'v .:fit e sit 11 ,Iw 'ern Dist of *i c } e i 1 r _ i ,Ii00 n AAA I �(�{'�1 {rpu�I 1 �,:I�.I fI� t �� a�+ej�` rl � ip � All, t B I I ' .. P 1116 0 1.17 �I YQU,! Thoma.. , YI`' r RPCIi� I"- tSfi, Deeds f >d i f Ld i .tx ;�' I _ '.4 I� F III j, 4 � �� 1• � j �IL� 1 I I �''�I i7r .y. I ra-}1• '( �•I F} 1 ��� � •IAV"�' • :w. � I 4 f �.1 S {}� e a [ 5 } td:i t 4 iy e� I} �. 1 � �r• Bei 1� ��, r•. � � � S �� � i }• } �a(. ,IIS r � e '�'� til ej 1 i �P 1 t i i It ' '1 �I ; han lo �. si I Location ti No. Date A NOR7h TOWN OF NORTH ANDOVER „ Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ s�cMuse �o C ; Pge $ * Sewer Connection Fee $ Water Connection Fee $ TOTAL - 8792 $ s"� �— Building Inspector Div. Public Works I KAREN H.P. NELSON— °"o' NORTH -ANDOVER BUILDING CONSERVATION •ptvtuo:� of HEALTH PLANNINGPLANNING & COINMUNITY DEVELOPMENT CHIMNEY APPLICATION AND PERMIT DATE ` S` LOCATION OWNER'S NAME BUILDER'S NAME MASON'S NAME MASON'S ADDRESS r W AME WA 120 Main Street, 01845 (508) 682-6483 ' 0 PERMIT #�� P'IASON I S TELEPHONE MATERIAL OF CHIMNE71 INTERIOR CIHI NEyiT �.G�=:YTERIOR CHIMNEY NUMBER AND SI4E OF CT BTEC Ay %z /7 THILCIClESS OF HEARTH %9 wi i chi:,nev or fireplace ccnform requirements of the code and have rules and re—alazicns teen received: �r v T DACE SIG�IATL'RE OF 'MASON -�f CON R. LIC. =/%6 EST. CONSTRUCTION C^vST;-`CON TR.zC:' PRICE PERidT_T GRANTED 0-11-1 FE`' ROBERT INSPECTED REMI.ARXS Tn ;RTC_{ REQUIRED THIS PERMIT MUST BE DISPLAYED ON THE PREMISE S P 354 489 734 Receipt for Certified Mail No Insurance Coverage Provided W EDSTATES Do not use for International Mail R .l SERVICE (See Reverse) Serl . �j Sr tand N a P.O., St e and 7 Coe Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees is Postmark or Date (as_9Y) Bela©r'OGBE a sd \ELU - \ �® § 45 7 §/» \ 11 {_\ ) ■2§ \ \ §C4lcL �o �� 2 - CA § ■ 2 § 00 _ )_ ) }\ k \{ } In§ §§ /(¥ wwo °\k k cwi a {S k ]�F- _ 2 ;\® c _ \B \[ _ �2 2�f k/ ■{2( \Uj j- a- - - _\k / § w)( &§ w2]■ 41. of \ v KENNETH R. MAHONY Director w Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 November 17, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA Re: Building Permit #95-337 Dear Mr. DiSalvo: 4- Y It has come to my atte*.zion that additional work beyond the scope of your Building Permit is being performed at 400 Winter Street. In accordance with 780 CMR 122.1, this will serve as written notification to immediately cease and desist any unauthorized work on the premises and IMMEDIATELY file for the necessary permits. Pursuant to 780 CMR 120, you may ao_peal this Order within 45 days of the receipt of same. Failure to abate these VIOLATIONS will result in complaints being filed against you as provided for in 780 CMR 121.0. Y rs truly, Richar . Colantuoni, Local Inspector RAC:gb c/R. Nicetta, Bldg. Commissioner Method of Service: Certified Mail, Return Receipt Requested BOARD OF APPEALS 688-9541 BUILDING 688-9345 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell V/ I A 1 � � Permit NotHce Uss Only .. � �- -/ � r 014E C,ommaummi h of o� (� '2gMr=rnt of llubUr EIIfrtg O=pancy A Fee Checked bV BOARD OF FIRE PREVENTION REGULATIONS 527 VAR 12:00 peave blank) �" r APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Cade, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date 5 QG or Town of NORTH ANDOVER To the Inspector of/wires/ : The udersigned applies for a permit to perform the eiectricai work described below. Location (Street & Numbers goo ►""Al''c� Owner or Tenant Owner's Address4(!/lY%it, ��/�"P o7"— Is this permit in conjunction with a building permit: Yes No ' FI (Check A propriate Box' Purocse of Building Existing Service Amos �J Vcits Ne%v Service �— Ampsl,& f pits Numcer of Feeders arc Ampacity Location ana Nature cf Precosec Electrcai Werx Utility Authorization No. ~Qv Overhead UUndgrnd 7' No. of Meters Cvernead TUncgrnc E:' No. of Meters No. of �ansformers Totai ,, No. or _ignting Outtets i No. . '.cs i K%A No. cf L:gnting F;xtures Atcve— i Swimming P=i _1(VA giro. in- — cmc. _ Generators No. of Emergency Ligntirg No. of Geceptac:e Cuc,e.s No. at Cil Eurners I Battery Units No. of Switcn Cutlets I No. o. GasBurners FIRE AL-kRMS No. of Zones o:at No. of ^etec:ion arc No. cf Ranges I No. cf Air Conc.ors I Initiating Devices No. of Disoosais Heal 'o:ai ( No.cf ?a^ C ors o:ai KIN No. of Seuncing Devices No. of Serf Containeo No. of Disnwasners ScacerArea Heanr.g K.•1 Detec:tontSounctng Devices No. of Dryers Hearing Devices Local ; Munic:oai Other i _ Connecnon No. of No. of Low vcttage No. of Water Heaters KYJ I Signs °aiiass Wiring _ NO '4ycro Massace u"5 i No. of Motors 7Ctai P OTHE=: INSURANCE COVE=AGE. Pursuant to the recuirements ct :tassacnusarM ;er.erai Laws _ I have a current Liaciiity insurance Policy inctucing Cor-c:ecec Ccerattens Coverage or Its sucstantial ecuivaient. YES = NO _ I have supmittea valid proof of same to the Office. YES = NC = :t you nave checxee YES. please incicate the type of coverage :;y cnecxing the accrq&tate pox. INSURANCE BOND = OTHER = (Please Scec:fyy (Exoiratton Datei Esnmatea Value off Etectricai work S j `r - Jcrx to Start 0AL2 IS' inscec:.,on Lase Reccestec: Reug• Final Signea uncer tPenalties of perjury: / / =;PNI NAME fS Lp,,74eL- UC. NO. 0/?< < 1 c;gr UC. NO. tenses a' �� us. lei. No. Address 11 _f`I �:J G� D - ! OWNERS INSURANCE WAIVER: t am aware that tre L.•censee goes not nave the insurance coverage or its suostantial ecuivaient as re- auirea by Massacnusetts General Laws. and :hat mY sxnature on :ms =err -:t acotication waives this requirement. Or Agent (Mease cnecx ones AQ C� 'eiecrone No. PERMIT FF-=- 3 CJ G� � 01n, � (Signature of Owner or Agent) s�5b5 �7�6 Date............ .....�.....J f NORTF� 1 TOWN OF NORTH ANDOVER PERMIT FOR WIRING SSACHU This certifies that ......... `� �... ` has permission to perform wiring in the building of%,r(..4c..�...........P.f...... � � ..................................... at ......W. �. d ......... �/.11...... 1.:�k...../7t ................... . North Andover, Mass. lee.. Lic. No.. �� J............................................................... ELECTRICAL INSPECTOR lt L �(� Lf✓ / 32 7 w2dm 10-j 5'( /295.40 RAID `ITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File . �:1�'t t',t, 1.1. !l f4 + J•t J.r: Y''!',•j+,r .�:�:�,`�'' .F'J'�Y':' 1: � �j,'''�,'I,�'r! 1,iv1S:,;•f'•.;; I;., X1;4• ,r , '•:{�^ ,i��i i';;.{t.,. {.r,{,.Ir,'vM,.�,.F•'•V!"r:;u•K:�;ta'? , , 'I'' ,' i DEP,,ha: provided thla form for use by " .:be:ubmltted to the.locai'Board of Heal A Faclllty Info�t��tlon ,,yvher,' fiiunfl out' .1; . System Loudon: forpuUse :crtie' `y•. ony eth tab key Address• . .. D I to move your:, . auror. • do not Cl utire t, um':� ty/iown : , ,,Systke em Owner. .J, ASSACHUSETTS'''^ . �. State System Pumping Record rr,;,'S: 'Ity i,:` Y�' :�',`��' .,i �l��'�f!y,`;,,•`'C�Y l: rr,F t. 'ri'• '; t•: "'•'; hal, n'Ir•.�•Y ', •;1.'•1 �:. ',:.+� 'y.':F�'<• Name ��,, �•'• :- ...'; ,•i': ,'.•: �,�� •I. : a Address (If different irom'bcatlon) • .. ;ti.. •• .Cltyf(owrti, al. . ::,; ':�:::` r.•: State' —70 // C .. Telephone Number ' 4{1: rel• .,J •P,um.pl OB3qord. 5{+: 1:;:3�' :S" ,;11.;;,•.tiS}:i,r� . • 1 r. 1 ..aY'b 1 I I{,; �I +•� ,• 1., Date of Pumpin� pate 2, Qua' Pumped: •';:.'• pf,system; ; (] Cesspools) El Septic Tank ❑Tight ;:;: : �, ,. :..,:•,•.;,:�'<•: Tank !( J.Other(describe);:: Effl.uerit lee Fllte{ present? . [] Yes o If yes, was It cleahed? Yes N • ''r 1'.%r~if.,'>..�,.:,.t+;s,' ccndiknl f $f,• mi/,;;.:.•.•,• •. . :...'''., ��',' l 71.1.F�.%1�'i1i:�1J'�Y �y.Y„ il'.:�i3�•� , ,, 1N!,i:';" ,. � ,�. 'j sr. ! ,, 4; Ft 1,1'x!'' ' . `• ed8._. •i;. .N .t. ;cY .!;I ,. t�J .';. n Veh a Numb ,.� IcJaUcani er ,• .'..'J;' ,r•{.: ,,y {r ',. rr.}�•yJ::,. ;•1 'N''1 rF.r 1'i ,� w� •y:; .r.''.r;.�Yr.Y�.,.j. i 'r' r via f; �.{ f,t� +• .4/-;5.;.►;I li;,.,�... ' 'r.':7 vii '(; M'4:;c+1 qV•. y'rriAl! 1�,�+IJ;'..ay. :�'��• 1, .+�''''' r :( '7;:, L'ocaflon.where Contents Were disposed: 11 •v..".:i i. •,,... ;'�:.,,., :�:;;t j�Si'. it;f .. •�'Fl•..:1y !' .• 5!GnaWre o Hauler;;i+/•:;: ip•:.4.•,'�.:,.1:.. http:/Nrivw.mass,gov%deaJitiafer/apprCVajslt5forms,hMnsp t5forrru.doa�08/Q3 . SYStem Pumping Record ' Paye I Ci I Commonwealth of Massachusetts RECEIVE® City/Town of No Andover HAY tLU12 System Pumping Record TOWN OF NORTH ANDOVER Form 4 1 HEALTH DEPARTMENT Q,M Spey`' DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority within 14 days from the pumping date in accordance with 310 CMR 15.351. City/Town Ma State State Telephone Number 01845 Zip Code Zip Code B. Pumping Recor 1. Date of Pumping A'�o p g Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) J�Septic Tank ❑ Tight Tank ❑ Grease Trap ❑ Other (describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No 5. Condition of If yes, was it cleaned? ❑ Yes ❑ No 6. Sy m Pumped B Name Vehicle License Number Stewart's Septic Service Company 7. Location where contents were of Receiving Facility lant, 20 So. Mill Bradford, Ma 01835 Date Date t5form4.doc• 03/06 System Pumping Record • Page 1 of 1 A. Facility Information Important: When filling out forms 1. S S OC IOn: on the computer, use only the tab key to move your Address cursor - do not No Andover use the return key. City/Town VQ 2. System O ne . Name return Address (if different from location) City/Town Ma State State Telephone Number 01845 Zip Code Zip Code B. Pumping Recor 1. Date of Pumping A'�o p g Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) J�Septic Tank ❑ Tight Tank ❑ Grease Trap ❑ Other (describe): 4. Effluent Tee Filter present? ❑ Yes ❑ No 5. Condition of If yes, was it cleaned? ❑ Yes ❑ No 6. Sy m Pumped B Name Vehicle License Number Stewart's Septic Service Company 7. Location where contents were of Receiving Facility lant, 20 So. Mill Bradford, Ma 01835 Date Date t5form4.doc• 03/06 System Pumping Record • Page 1 of 1 CD 0 N - rt m n North Andover Bo.ard of Assessors Public Access " ' Page 1 of 1 Tt � x` pOR7N I - a h Andover Board of Assessors roperty Record Card D—.1 TT % -1111/1 AA A _nn211 Mnn n CV•9n1'f r.......,,,.,a... XT -4- , A Location: 400 WINTER STREET Owner Name: DISALVO, PAUL M & BONNIE J Owner Address: 400 WINTER STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 6 - 6 Land Area: 2.01 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 3130 sqft —CURRENT Total Value: 454,800 454,800 Building Value: 240,200 240,200 Land Value: 214,600 214,600 Market Land Value: 214,600 Chapter Land Value: Sale Price: 100 Sale 02/12/2002 Date: Arms Length Sale F-NO-CONVNIENT Grantor: DISALVO, PAUL Code: Cert Doc: Book: 06664 Page: 0263 http://csc-ma.us/PROPAPP/display.do?linkld=1894380&town=NandoverPubAcc 6/25/2012 0 do NN M M V 44 x IX x u CU0 y to J Q% m f6 y X a U C, c U U U) CL m N a N w p c 0 0 a .9 wUS O N 00 c F -a2 H N coo m } LL � p NCL c J H T � O] CIO W W Cc C) -f6 � N N V U) W W Z O O O O O W 'O U m '20 U Q O J W Oa Q o p d r CL cII O U CD a` OO O N O ( V) O O O r M O Y is 0 CIO O m c c UVif Q 'ymoo �m00 CL Q O Z o O O CD Q O � 0 0 a U. J O W U N Q � a JI w U Q a W O z v coz G00 0 W LU W WW J y0 Q CL W z o Za J "�Hrn `mN (DOO ocQvz ti is Ip 0 N co a 00 H cc coo m N N V N0C c c O CO tIc Its �.%NNf� YY .{ Q1 �Nh z 0 cc 00 _ W z QLL IL r v Illlii �, �. 0 Z N 0 t 7 Zr C 00 Q 00 - LO - 0 LL C7\oo F- Z ��inL c c, m (C �. QW W 13 JJ < WN �q9 0 Q CiQQQ Z oo r r V 13 N N z Z O O ZN a� �:,QQQ J 0)0) J 'Ov0 t W�0)cooco V > co 00 �+ F C LuN�� Ci000 U) m Li W 00 Z d } W GOOD V7LO Z 00O �� :� circ r WytDNaO0 L �0LO� i 00 d 0CLcm co �0•0 O D (n fn U) C O i- x 2.r O m m w> Z V1�N CL5 fn (n U d N O M d� 0 0 r N N f0 N _O r N Q CA m m $ c6 C > "o»O Q C C m� J: m(nfA� IL U E 7 t�A �, d 0 c rn UY 0 O�.,r QCOLLCO �iiU)L) �p (� R 0 LO UO O N Ne t %0 e 0 O 0 F is m :� w m so O Q �Q (D �= as 3a LL cQ ..0E U- c Q c CIO m 0 0 c N •- O .i -V Z LL C LL c ii " -o "0 U 0 IM a cc W 0a�ca U-- (D 0 Qw>C9Uao � �y V Z W CD 'O d OOMM OHH O L LIM LM LA rr C; cn W X miL: E 0 y WLL O UtnLL OCY) LO rnvrn �0'-w 7 D m �U) aNL,r °o °o m ca d Ci ._ CD C7 co y a 2mwmttY g -0 n' LCH rm Hm1i=WmYLL mmQ N � O N m V 0 V x 0 r Z m 0 _ T- OL Q a) - Z' ��_ m CID U ai c w~ am v W 0 $Oxo ID (D `o Y cnin�w�LL 1: LL adw> U 0 N co a ^ a „ Commonwealth of Massachusetts _ City/Town of North Andover System Pumping Record Form 4 �y DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same asthat use. The System Puovided here. mping re using Record must be submitted o rm, check with your local Board of Health to determine the form y date in the local Board of Health or other approving authority within 14 days from the pumping accordance with 310 CMR 15.351. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. a ream A. Facility Information 1. System Location: �>O Address North Andover City/Town 2. System Owner: bis C:�1 Vo Name 2014 TOWN U X'11, ,VZR Ma LHEA_ State Zip Code Address (if different from location) State % Zip Code City%ro\An Telephone Number B. Pumping Record lee 2 r f 1. Date of Pumping Date 2. Quantity Pumped: Gallo s 3. Type of system: ❑ Cesspool(s) Septic Tank ❑ Tight Tank ❑ Grease Trap ❑ Other (describe): 4. Effluent Tee Filter present? ❑ Yes No if.yes, was it cleaned? ❑ Yes ❑ No 5. Condition of System: 6. SysterD Pumped By: 77 r pe� �b Name Stewart's Septic Service Company 7. Location where contents were disposed: re of t5form4.doc• 03106 re -treatment Plant, 20 So. License Bradford, Ma 01835 Date Date System Pumping Record - Page of DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, May 22, 2012 10:00 AM To: 'John DiVincenzo' Subject: Title 5 - 400 Winter Street Hi john, Please send along the $50 check to go with the Title 5 report for 400 Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg. 20 ( Suite 2-36 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email pdellechiaie@townofnorthandover.com Web www.TownofNorthAndover.com Street. Thank you. O Of O[ F 9 wn of No�h Andover RTMENT ,SS�CN�Stt /O / CHECK #: DATE: Pw? LOCATION: GU H/O NAME: CONTRACTOR NAME:, T_yRe of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service - Type. $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal (Septic) Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Sustems: ❑ Septic - Soil Testing $ ❑ Septic - Design Approval $ ❑ Septic Disposal Works Construction (DWC) $ ❑ Septic Disposal Works Installers (DWI) $ ❑ Titl Inspector $ C 'Title 5 Report ❑ Other. (Indicate) $ 'e4 ealth Agent Initials White - Applicant Yellow - Health Pink - Treasurer Owner information is required for every page. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. i Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assess 400 Winter St Property Address Paul & Bonnie Disalvo Owner's Name No.Andover Cityrrown hAn n1Ra-C; Its!f NECU MAY', 8 NQ 2 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 4/9/2012 State Zip Code Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. A. General Information / 1. Inspector: John DiVincenzo Name of Inspector Stewart Septic Service Company Name 58 South Kimball Company Address Bradford Ma 01835 City/Town 978-372-7471 Telephone Number B. Certification State Zip Code S113386 License Number I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000). The system: ® Passes ❑ Conditionally Passes ❑ Fails Iving Authority 4/9/2012 Date Jhe system inspector shall submit a copy of this inspection report to the Approving Authority (Board of Health or DEP) within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. ****This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 1 of 17 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner's Name No.Andover Ma 01845 4/9/2012 Cityrrown State Zip Code Date of Inspection B. Certification (cont.) Inspection Summary: Check A,B,C,D or E / always complete all of Section D A) System Passes: ® I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: B) System Conditionally Passes: ❑ One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Check the box for "yes", "no" or "not determined" (Y, N, ND) for the following statements. If "not determined," please explain. The septic tank is metal and over 20 years old* or the septic tank (whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. * A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ❑ Y ❑ N ❑ ND (Explain below): t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 2 of 17 _tel_ Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner's Name No.Andover Ma 01845 4/9/2012 Cityrrown State Zip Code Date of Inspection B. Certification (cont.) B) System Conditionally Passes (cont.): ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. System will pass inspection if (with approval of Board of Health): ❑ ❑ ❑ broken pipe(s) are replaced obstruction is removed distribution box is leveled or replaced ❑ Y ❑ Y ❑ Y ❑ N ❑ N ❑ N ❑ ❑ ❑ ND (Explain below): ND (Explain below): ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): ❑ broken pipe(s) are replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): C) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b) that the system is not functioning in a manner which will protect public health, safety and the environment: ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 3 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments M 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) 2. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance: ** This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: D) System Failure Criteria Applicable to All Systems: You must indicate "Yes" or "No" to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool ❑ ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/ day flow t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 4 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °wM 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) Yes No ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is a cesspool serving a facility with a design flow of 2000gpd- 10,000gpd. ❑ ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E) Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. For large systems, you must indicate either "yes" or "no" to each of the following, in addition to the questions in Section D. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply ❑ ❑ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area — IWPA) or a mapped Zone II of a public water supply well If you have answered "yes" to any question in Section E the system is considered a significant threat, or answered "yes" in Section D above the large system has failed. The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 5 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form a Subsurface Sewage Disposal System Form - Not for Voluntary Assessments �M4.1400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover page. City/Town C. Checklist Ma 01845 4/9/2012 State Zip Code Date of Inspection Check if the following have been done. You must indicate "yes" or "no" as to each of the following: Yes No ® ❑ Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ® ❑ Has the system received normal flows in the previous two week period? ❑ ® Have large volumes of water been introduced to the system recently or as part of this inspection? ® ❑ Were as built plans of the system obtained and examined? (If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ® ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? ® ❑ Was the facility owner (and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System (SAS) on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health. ® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(5)] D. System Information Residential Flow Conditions: Number of bedrooms (design): 3 Number of bedrooms (actual): 3 DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x # of bedrooms): 450 gpd l5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 6 of 17 Commonwealth of Massachusetts u u Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. Cityrrown State Zip Code Date of Inspection D. System Information Description: Number of current residents: 4 ppl Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? [if yes separate inspection required] ❑ Yes ® No Laundry system inspected? ❑ Yes ❑ No Seasonaluse? ❑ Yes ® No Water meter readings, if available last 2 ears usage d 170 gpd 9 ( Y 9 (gpd)): Detail: Water meter readings Sump pump? Last date of occupancy: Commercial/Industrial Flow Conditions: Type of Establishment: Design flow (based on 310 CMR 15.203): Basis of design flow (seats/persons/sq.ft., etc.): Grease trap present? Industrial waste holding tank present? Non -sanitary waste discharged to the Title 5 system? Water meter readings, if available: Gallons per day (gpd) ® Yes ❑ No Occupied Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 7 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments �M 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover page. City/Town D. System Information (cont.) Last date of occupancy/use: Other (describe below): Pumping Records: Source of information: 4/9/2012 State Zip Code Date of Inspection Date General Information Was system pumped as part of the inspection? If yes, volume pumped: How was quantity pumped determined? Reason for pumping: Andover 1000 Gallon gallons Site qaqe on truck Inspect tank Type of System: ® Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ® Yes ❑ No ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract (to be obtained from system owner) and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank. Attach a copy of the DEP approval. ❑ Other (describe): t5ins • 11110 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 8 of 17 Commonwealth of Massachusetts - Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover page. Cityfrown D. System Information (cont.) State 01845 Zip Code 4/9/2012 Date of Inspection Approximate age of all components, date installed (if known) and source of information: 1985 Were sewage odors detected when arriving at the site? Building Sewer (locate on site plan): Depth below grade: Material of construction: ® cast iron ❑ 40 PVC ❑ other (explain): Distance from rivate water su I well or suction line ■ - O 0 feet p pp y feet Comments (on condition of joints, venting, evidence of leakage, etc.): Septic Tank (locate on site plan): Depth below grade: Material of construction: ® concrete ❑ metal BTG within 2" feet ❑ fiberglass ❑ polyethylene ❑ other (explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) Dimensions: Sludge depth: ❑ Yes ❑ No t5ins - 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 9 of 17 �• Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments wM 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Septic Tank (cont.) Distance from top of sludge to bottom of outlet tee or baffle 31" Scum thickness 1.5" Distance from top of scum to top of outlet tee or baffle 4.5" Distance from bottom of scum to bottom of outlet tee or baffle 13.5 How were dimensions determined? Tape Measure Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Both Baffles in good shape, liquid levels good , no leakage Grease Trap (locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal Dimensions: Scum thickness feet ❑ fiberglass ❑ polyethylene ❑ other (explain): Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: t5ins - 11/10 Date Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 10 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover page. City/Town Ma 01845 4/9/2012 State Zip Code Date of Inspection D. System Information (cont.) Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tight or Holding Tank (tank must be pumped at time of inspection) (locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other (explain): Dimensions: Capacity: Design Flow: Alarm present: Alarm level: gallons gallons per day ❑ Yes ❑ No Alarm in working order: Date of last pumping: Date Comments (condition of alarm and float switches, etc.): ❑ Yes ❑ No * Attach copy of current pumping contract (required). Is copy attached? ❑ Yes ❑ No t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 11 of 17 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner's Name No.Andover Ma 01845 4/9/2012 Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Distribution Box (if present must be opened) (locate on site plan): Depth of liquid level above outlet invert 0 Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): No soilds Carry over, d -box level no leakage. Pump Chamber (locate on site plan): Pumps in working order: Alarms in working order: ® Yes ❑ No Comments (note condition of pump chamber, condition of pumps and appurtenances, etc.): Manually worked floats, pump working , alarm working , pumped and cleaned chamber Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: t5ins - 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 12 of 17 Type/name of technology: Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): No Hydraulic failure, No ponding, no damp soils Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration Depth — top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No t5ins - 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 13 of 17 Commonwealth of Massachusetts u Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Type: ❑ leaching pits number: ❑ leaching chambers number: ❑ leaching galleries number: ❑ leaching trenches number, length: ® leaching fields 1-20'X 45' number, dimensions: ❑ overflow cesspool number: ❑ innovative/alternative system Type/name of technology: Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): No Hydraulic failure, No ponding, no damp soils Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration Depth — top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No t5ins - 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 13 of 17 4 Commonwealth of Massachusetts W Title 5 Official Inspection Form a Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 01400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): Privy (locate on site plan): Materials of construction: Dimensions Depth of solids Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5ins • 11110 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 14 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. CitylTown State Zip Code Date of Inspection D. System Information (cont.) Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: hand -sketch in the area below drawing attached separately r /I, , r LJ i t5ins - 11110 Title 5 Official Inspection Form: Subsurface Sewage Disposal System • Page 15 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Site Exam: ® Check Slope ❑ Surface water ® Check cellar ❑ Shallow wells Estimated de th to hi h round water 36" 4' p g g feet Please indicate all methods used to determine the high ground water elevation: ® Obtained from system design plans on record If checked, date of design plan reviewed: Sept 1985 Date ❑ Observed site (abutting property/observation hole within 150 feet of SAS) ® Checked with local Board of Health - explain: Pulled files ❑ Checked with local excavators, installers - (attach documentation) ❑ Accessed USGS database - explain: You must describe how you established the high ground water elevation: Taken from plans on file (ED No. Andover BOH Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 16 of 17 Commonwealth of Massachusetts v Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 400 Winter St Property Address Paul & Bonnie Disalvo Owner Owner's Name information is required for every No.Andover Ma 01845 4/9/2012 page. City/Town State Zip Code Date of Inspection E. Report Completeness Checklist ® Inspection Summary: A, B, C, D, or E checked ® Inspection Summary D (System Failure Criteria Applicable to All Systems) completed ® System Information — Estimated depth to high groundwater ® Sketch of Sewage Disposal System either drawn on page 15 or attached in separate file t5ins • 11/10 Title 5 Official Inspection Form: Subsurface Sewage Disposal System - Page 17 of 17 'D!1'��1A'�'I,ytuYklsr� 1.; .''1;L,t', �' off. 'r •/�• �;� �; �:�BCO�id rti C)e wf r Prh r 11 f 11 '! ,'•y.'�I� };/r ( prorldrd 1hl,Y!pon !or �0 1:bnllylod 10 lhr IOC11 8C1lC CI nOJ in p/ p A' Faclllty In(ort(lon I�QV 1 0 2009 /rCl rlQ IPPIQ TOWN OF NMTH`ABWER OG�On:. ;•a as vu n um''.'.Clt�((Q;rn I ', 51111 Ownorl''��,• ` , 11� rN vr''y �� � • }. r ''ri''Y 1'•'fal;l'I'i';Itr,/r�'Ir,, . r. ',/. .' :;!h`;,l;,�r' I�JII r' Y7w'llr'�Y' r''•<1: ,,•r, �� 1. rt , •,! 1 ' I/14",�,,Ij Y, Ir 1, Irlli'tl/ •'• - ''•'1 ` '•�i �'rI'!''t/'1'llr'V'll, ''I,i rr'ri,l�.�',; / \' '' (4 f11n1 ran buVon) Cq^C'.Y1 Plumping;r�a'gord • ;` �'1 �''i�ltrr ,Ir1,,,111.rTlr'•rr/'' , y• Olio 91Pv(1109 Other I lk r. ET—F� 01;1 ? �'.'ar.',•• r ph:- -d.�l s.Y e!' 4r�,:r:m�en).T�/1 F�IIe(�p�1,9r,aonr7 [' Yoe N �';•,}ar�,'lil'Y:�tr�;l `�,1/�'y1 !rt(.r,, 0c!vaneo7 ' �';j;,'� `t1` ;r`A; /1� Ir�'rr,'4 'arl;, ►r",11't;l ,' • .. '! 1/.�;�,'l,�lll`'-14�`/I��11 P('S ��1Yil'rt'i,',' . •/; t'.�� ,,�,,i.'II''JY�!'ll'rr��l!!++� II 'v Y a' "• • •' , `•, l�'Irl'�'tll'��r 'rn/r Itti„yl''t\' . PV(n 0 V/ {/11 '.',,Il r'll,•�O±r�, %iti�( /YY1 r g'�, I�j `� rll 1 ;'r •,5�,',�. ��,'..,'.lr, �Y�li11i11��ti�ri,�i� 'ti'��j;!t�vi�,f;'!��., onrwho( ooRlon i Qro dl� • •�� 'Y'""r�'If,r!'�r'I,��Iv'` iUl r p0360; S�AlVi q/ h" ler aPt,y,p,r.',.,,rl rnn,.masJ. OY/d0 ( 1 I41 • �' � , � r,., . pwe"p oYa � orm�rnt�nar� . • , . I ..;r r. ..r �ocl -_ - _ - - - - - . i- - -- - N � _. _ �__ � _ __ _ --' - - I _ _ � I _ t_~ -- - 1--. � 1 _ BOARD OF HEALTH f� r��� No.Andover, Mass. APPROVED Provided: SUBSURFACE DI5POSAL DESIGN CHECK LIST DATE k-, 154?,� Title V Reg 2.5 Reg 6 Reg 10.2 Reg 10.4 DISAPPROPED DATE` Reasons: Q(IAM W Sr /�C ff&� The submitted plan must show as a minimum: (a) the lot to be served-area,dimensions lot #,abutters b location and log deep observation hoes -distance to ties c location and results percolation tests -distance tv ties d design calculations & calculations showing required leaching area (e) location and dimensions of system -including reserve area (f) existing and proposed contours (g) location any vet areas within 100' of sewage disposal system or disclaimer -check wetlands mapping (h) surface and subsurface drains within 100' of sewage disposal system or disclaimer (i) location any drainage easements within 100' of sesage disposal system or disclaimer -Planning Board files (j) known sources of water supply within 2001 of sewage disposal e system or disclaimer (k) location of any proposed well to serve lot -1001 from leaching facility (1) location of water lines on property -101 from leaching facility (m) location of benchmark (n) driveways (o) garbage disposals (p) no PVC to be used in construction (q) profile of system -elevations of basement, plumb, pipe, septic tank, distribution box inlets and outlets, distribution field piping and Other'elevations (r) maximum ground water elevation in area sewage disposal system (s) plan must be prepared by a Professional E:igineer or other professional authorized by law to prepare such plans Septic Tanks a) capac t es -1507 of flog, water table, tees, depth of tees, access, pumping b) cleanout c) 10, from cellar wall or inground swimming pool d) 251 from subsurface drains Distribution Boxes a) sfpope greater EZ 0.08 b) sump ' 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 local or state law, regulations or requirements. ****************Applicant fills out this section***************** APPLICANT: ;J C ✓ C.3 Phone C. `� ' i 26"i /l � LOCATION: Assessor's Map Number 1Lt( A Parcel Subdivision Lots) Street S4- St. Number Vo cl RECOMMENDATIONS OF TOWN,AGENTS: Conservation Administrator Comments Town Planner Comments 66t Food Inspector -Health Septic Inspector -Health Comments AW Use Only************************ Public Works - sewer/water connections - driveway permit ` Fire Department 7, Date Approved �% > Date Rejected Date Approved Date Rejected Date Approved Date Rejected Date Approved Date Rejected Received by Building Inspector Date 't TOWN OFNO$TH ANDOVER SYSTEM K WING RECORD DATE SYSTEM OWNER & ADDRESS SYSTEM LOCATION Bac �d DATE OF PUMPING QUANTITY'PUMPEDj e . z� CESSPOOL NO YES SEPTIC TANK NO YESA, NATURE OF SERVICE;;,RQVTINE ' EMERGENCY OBSERVATIONS: GOOD CONDITION FULL TO COVER 4AVY GREASE BAFFLES IN LACE ROOTS LEACHFIELD RUNBACK EXCESSIVE SOLIDS • FLOODED SOLID CARRYOVER OTHER EXPLAIN SYSTEM PUMPED BY l__� 71 COMMENTS: y�C..r �% ! Board of Health SSMC SISTER AL -A2,4 North An�P_V_EI?'I�330 INSTAILATIC11 CHECK LIST Ml Lip Lk/WTEF 5T__ �POVID DATE Fin"" OK q_z�z5 to -`i-76 V eauonst P�AAP, TSN 1. Distance Tot W tla—A s F -2 -JS / -2J' b. mains c.. Well 2. Water Line Location To ��EUJ W-40RUTEV . �Grl N PPC Pi 3• o pe 4. Septic Tank a. Tees -_Length & To Clean Out Covers b. Cement Pipe to Tank - On Both Sides of Tank 5. Distribution Box a. Covers & Box - No Cracks b. All Lines.Flowiug Equal Amounts C. No Back Flow 6. Leach Field or Trench bDimensions : Stone Depth c. Capped Inds d. Clean Double Washed Stone 7. Leach Pits bDimensions : Stone Depth c. Splash Pads d. Tees e. Cen. ant Pipe to Pit - Both Sides f. Clean Double Washed Stone 8. No Garbage Disposal 9. -Final Grading Inspection 10. Barricading Covered System 11. As Built Submitted a. Lot Location b. Dimensions of System c. Location with Regard -to Pere Test d. Elevations e: Water Table cr-151A 21 �, �A )tel/"1.,-r< �I- A'J -r/7,kT ��� �i�1,,„IAIO(A C r. • r� � w , }�,`j�•W xf� ?�'' i�, �1SY 71, x • '�rrr�• r RECElvta< , � "��•�'• .. �, a , ' � • JAN 0 6 2005 TOWNU�� �tUK't'1-t VA re SYsre�", pump" bWf�OFNCRTHANDOVER /rGG ` •r QAALTH DEPARTMENT GA �4tADiDRZJ�s DATI OF �1 Our TI T Y Yep„ ... 0«+rr,• )vpUC 1"Uta n, N^ rUK� pN J�RYlG`L: xUv'riNc, �MhYY QUMa K�WWIe ,58 IN Nl n�.ti RpOT3, . 8XQUIN3 LO KVNdn,',. MY ooDeo pY��,_,., O1AR EXPLAIN �a,.,�°,.%tea( •,�� .t , ...:�-�,' :... -. 4 d.. TOWN OF NORTH ANDOVER SYSTEM PUMPING RECORD DATE: / //,� /,,)/ SYSTEM WNER & ADDRESS i SYSTEM LOCATION (example: left front of house) DATE OF PUMPING: / / ` � 0 I QUANTITY PUMPED 000 GALLONS CESSPOOL: NO -/YES NATURE OF SERVICE: ROUTINE OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER SYSTEM PUMPED BY: COMMENTS: SEPTIC TANK: NO YES `—� EMERGENCY FULL TO COVER BAFFLES IN PLACE LEACHFIELD RUNBACK FLOODED OTHER (EXPLAIN) CONTENTS TRANSFERRED TO: Lvl l No Andover J&S Development dba 1600 Osgood St Stewart's Septic Building 20 Suite 2-36 Andover Septic No. Andover, Ma 01845 58 South Kimball Street Bradford, MA 01835 Date Name & Address Gallons Comments 5 -Apr Andriolo 37 Birch Lane 1500 Good Sullivan 47 Boxford St / 750 Good 6 -Apr Sapienza 40 Sterling Ave / 1500 Heavy bottom 9 -Apr Disalvo 400 Winter St ✓✓✓ 1500 Good 10 -Apr Sarano 265 Hay meadow Rd 1500 Xxxsolids 12 -Apr Lind 575 Winter 3St. 1500 Good 16 -Apr Distefano .96& Raleigh Tavern Lane 1000 HG Walsh 58 Paddock Lane 1500 Good 18 -Apr Schrader 35 Woodberry Lane 1000 Good Ahlhdm 48 Hawkins Lane 1000 Good 19 -Apr Barrett 235 Candel Stick Rd 1500 Good 20 -Apr Harold 453 Forest St 1500 Good Duffy 67 Shirwood Dr 1500 Good Zoll 333 raeligh Tavern Lane 1500 Good 23 -Apr Haffeners Car wash 564 Chickering Rd 2000 red tank 25 -Apr Valle 58 Evergreen Dr 1000 Good 27 -Apr Lucas 39 deer meadow Rd 1500 Good 30 -Apr Meaney 745 Foster St 1000 Good MAY 182012 TOWN of NORTH ANDOVER HEALTH DEPARTMENT 0 0 0 v67 4r1 4, lij L00 M LOT 87,120 S. F = 2.000 AC. V 1 _ o l M nl G CO (v �O r� POOL 6.4RAGE \ PROPOSED 13-06 3obl ` NEW GARAG,: ' \ . N 32.36, L N 42 °- 58' " 46" w EXISTING GARAG BE RAZED F WINTER ST t PUBLIC VARIABLE - WIDTH) 30 C ' 40 Z S LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday the 14th day of March 1995, at 7:30 p.m. o'clock, to all parties inter- ested in the appeal of Tyler Monroe as a party aggrieved for review of a decision made by the Build- ing Inspector dated January 13, 1995 on the premises, located at 400 Winter Street, Zoning Dist. R-1. By order of the Board of Appeals William J. Sullivan Chairman E -T - February 24, March 3, 1995 NORTH ,6.6+ c o F D • � frf'r�i = + • o�Q' rte... +� • '.,�c .r•' ty �9SS4cHU5Et TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday the 14th day of March 19 95 , at 7:30 PMoIclock, to all parties interested in the appeal of Tyler Monroe as a party aggrieved 69xxxxxg st, xRx Yxt� hLi�xxxx xx Xay.I xgLtx�x��xxxxxxxxxxx xxxxxxxxxxxx xxxx x xt � x x x � for review of a decision made by the Building Inspector dated January 13, 1995 on the premises, located at 400 winter Street Zoning piqt-, R-1 By Order of the Board of Appeals William J. Sullivan, Chairman Lawrence Eagle Tribune -- Publish in the on Feb. 24, 1995 & Mar. 3, 1995. e13 -.15 r,. RECEIYE? JOYCE BRADSHAW An appeal shall be filed s .10*0aw *00 ' TOWN CLERK Any !! 'Men • r NORTH ANDOVER within (20) days after the �'►..;;;�.•' data of filing of this �fl 24 E15 Notice in the Office TOWN OF NORTH ANDOVE0A7MASSAC'HUSETT9 Of the iown Clerk. BOARD OF APPEALS NOTICE OF DECISION Date 5-30-95 Petition No. 013-95 Date of Hearing_ 3-14-95 5-16-95 Petition o� Tyler Munroe Pre:ii JC -. '-ffec t, Re 400 Winter Street Re=err:-,ef�:�,���+.�F ^C to :.:7e above pet lt=0:i �cXlrn-nxk,�,rn�a•n•�c•�zy'KRX XR)f as a party aggrieved as a result of a decision made by the Building Inspector The Building inspector notified Tyler Munroe to cease the operation of a land- sc!T-pe/construction business and remove all miscellaneous junk. _ter a -z__C near_na ay:en or, . the above date, the Bcard o- vct e d to UPHOLD the decision made by the Building Inspector and enforce the following conditions: 1. The petitioner may not use the premises as a "Contractor's Yard". 2. The petitioner will completely comply with the hours of operation as specified in the Town Bylaw. 3. All large trucks of 26,000 gross vehicle weight and more engaged in the construction of the nursery will enter and exit from the Foster Street end of Winter Street . 4. The petitioner will use his best effort to limit the noise on Saturdays and no work will occur on Sunday. 5. The petitioner will comply with the Zoning Bylaw with respect to a nursery operation. 6. Any truck or equipment storage for the nursery will not be visible from Winter St. Board of A peals, [d�il`tiam Sullivan. hairman Walter Soule Joseph Faris Scott Karpinski RECEIVED JOYCE BRACSHAW TOMS CLERK Town of North Andover NORTH ANCO`IER OFFICE OF LS 3 gi�`tteo COMMUNITY DEVELOPMENT ANDS 61&9° r 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 ************************* Tyler Munroe * DECISION 400 Winter Street * Petition#013-95 North Andover, MA 01845 ************************* The Board of Appeals held a regular meeting on Tuesday evening March 14, 1995 and continued the hearing until April 11, 1995. A quorum of eligible voters was not available at the April hearing therefore the meeting was continued, with the approval of the applicant, until May 16, 1995(The hearing was originally scheduled for May 9, 1995 but had to be continued until May 16 because Town Meeting was continued until May 9, 1995) upon the review of Tyler Munroe as a party aggrieved as a result of a decision made by the Building Inspector. The Building Inspector, Mr. Robert Nicetta, issued a letter dated January 13, 1995 to Tyler Munroe which explained that a formal complaint was filed with the Building Department that a landscape/construction business was being conducted on the premises located at 400 Winter Street, Zoning District R-1. Following a site inspection conducted on January 10 & 11, 1995, Mr. Nicetta notified Mr. Munroe to cease the operation of a landscape/construction business and remove all miscellaneous junk in the R-1 District within thirty days after receipt of the notice. At the May 16, 1995 public hearing and discussion on the petition of Tyler Munroe, several measure were undertaken to address the complaint. The Board found as follows: 1.) The "construction debris and junk" originally observed by the Building Inspector had been removed by the petitioner. 2.) Under the zoning ordinance, the petitioner is entitled to operate a nursery on the premises. 3.) The petitioner may not use the premises as a "Contractor's Yard". The petitioner proposed to adhere to the following conditions with respects to his nursery business: A.) Petitioner will completely comply with the hours of operation as specified in the town bylaws. B.) All large trucks of 26,000 gross vehicle weight and more engaged in the construction of the nursery will enter and exit from the Foster Street end of Winter Street. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Partin D. Robert Nicetta Michael Howard Sandra Start Kathleen Bradley Colwell RECEIVED JOYCE BRAD-SHAW TOWN CLERK NORTH ANDOVER ORTN Town of North Andover NOR� N OFFICE OF j COMMUNITY DEVELOPMENT AND;Wq& «ta C 146 Main Street �, 4".. om 0 �h � KENNETH R. MAHONY North Andover, Massachusetts 01845 "SSACHUS�` Director (508) 688-9533 ************************* Tyler Munroe * DECISION 400 Winter Street * Petition#013-95 North Andover, MA 01845 ************************* The Board of Appeals held a regular meeting on Tuesday evening March 14, 1995 and continued the hearing until April 11, 1995. A quorum of eligible voters was not available at the April hearing therefore the meeting was continued, with the approval of the applicant, until May 16, 1995(The hearing was originally scheduled for May 9, 1995 but had to be continued until May 16 because Town Meeting was continued until May 9, 1995) upon the review of Tyler Munroe as a party aggrieved as a result of a decision made by the Building Inspector. The Building Inspector, Mr. Robert Nicetta, issued a letter dated January 13, 1995 to Tyler Munroe which explained that a formal complaint was filed with the Building Department that a landscape/construction business was being conducted on the premises located at 400 Winter Street, Zoning District R-1. Following a site inspection conducted on January 10 & 11, 1995, Mr. Nicetta notified Mr. Munroe to cease the operation of a landscape/construction business and remove all miscellaneous junk in the R-1 District within thirty days after receipt of the notice. At the May 16, 1995 public hearing and discussion on the petition of Tyler Munroe, several measure were undertaken to address the complaint. The Board found as follows: 1.) The "construction debris and junk" originally observed by the Building Inspector had been removed by the petitioner. 2.) Under the zoning ordinance, the petitioner is entitled to operate a nursery on the premises. 3.) The petitioner may not use the premises as a "Contractor's Yard". The petitioner proposed to adhere to the following conditions with respects to his nursery business: A.) Petitioner will completely comply with the hours of operation as specified in the town bylaws. B.) All large trucks of 26,000 gross vehicle weight and more engaged in the construction of the nursery will enter and exit from the Foster Street end of Winter Street. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Partin D. Robert Nicetta Michael Howard Sandra Start Kathleen Bradley Colwell JAMES, LOMBARD AND KALOUSTIAN ATTORNEYS AT LAW 23 Main Street Andover, Massachusetts 01810 (508) 475-1518 Facsimile (508) 470 43 4R Michael E. Lombard John A. James, Jr.* Linda T. Kaloustian April 10, 1995 William J. Sullivan, Chairman North Andover Board of Appeals 120 Main Street North Andover, MA 01845 RE: Appeal of: Tyler Munroe 400 Winter Street North Andover, MA Dear Mr. Sullivan: WD D APR i I BOARD OF APPEAL Q Enclosed please find Proposed Decision relative to the above matter. cordially, Jn A. James, Jr. JAJ/ntd Enclosures Of Counsel Burton A. Shaker *Also Admitted New Hampshire and Florida RE: Appeal of: Tyler Munroe 400 Winter Street North Andover, MA BOARD OF APPEALS FOR THE TOWN OF NORTH ANDOVER PROPOSED DECISION After a public hearing on the petition of Tyler Munroe (hereinafter petitioner), to appeal the decision of the building inspection dated January 13, 1992, relative to 400 Winter Street (hereinafter "Premises") which public hearing was held on Tuesday, March 28, 1995, the Board found as follows: 1.) The "construction debris and junk" originally observed by the Building Inspector has been removed by Petitioner. 2.) Under the zoning ordinance, Petitioner is entitled to operate a nursery on the premises. 3.) Petitioner may not use the premises as a "Contractor's Yard" With respect to his nursery business: A.) Petitioner will completely comply with the hours of operation as specified in the town bylaws. B.) All large trucks 26,000 gross vehicle weight and more will enter and exit from the Foster Street end of Winter Street. C.) Petitioner will use his best efforts to limit the noise on Saturdays. No work will occur on Sundays. D.) Petitioner will comply with the zoning bylaws with respect to a nursery operator. E.) Any truck or equipment storage for the nursery will not be visible from Winter Street. 'RECD IVE P !� l� JQOYCE BRADSHAW I TOWN CLERK �D M11TH ANDOVER Received by Town Clerk: FEB as PP `95 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tyler Munroe Address 100 Foster Street Tel. No. VLT 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. UC) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land ) numbered 400 Winter Street %VDWAX b) Premises affected are property with frontage on the North ( ) South ( ) East (X ) West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. c) Premises affected are in Zoning District R-1 , and the premises affected have an area of 466,620 square feet and frontage of 229.6 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tyler Munroe and Kris Munroe, Trustees of TennyRealty TnIst Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for variance/Special Permit required. 4. Size of proposed building: front; feet deep; Height stories; feet. a) Approximate date of erection: b) C) Occupancy or use of each floor: Type of construction: a .' . 5. Has there been a previous appeal, under zoning, on these premises? _ No If so, when? 6. Description of relief sought on this petition Appeal of ruling of Building Inspector dated January 13, 1995 7. Deed recorded in the Registry of Deeds in Book 2896 Page 9 Land Court Certificate No. Book Page The principal points upon which I follows: (must be stated in detail) I am operating a nursery and tree farm on on site is used to base my application are as All ment located I agree to pay the filing fee, advertising in newspaper, and incidental expenses* ature of Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land'1°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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. + V ZBA. Premises to be affected: -yOD Cyi�tJfer' �� LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP !PARCEL iLOT NAME ADDRESS low !a I Ib3 i a 1T t r: s �! r I TC :ST . n� fTTr1"1C� F NonrN KAREN H.P. NELSON Director Town of -' BUILDING NORTH ANDOVER �'b.;;; � � CONSERVATION @e1pjryj8`DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 13, 1995 Mr. Tyler Munroe 100 Foster street North Andover, MA Dear Mr. Munroe: 120 Main Street, 01845 (508) 682-6483 This office is in receipt of a formal complaint that you are operating a landscape/construction buisness at property located at rear of 400 Winter Street which is in the R-1 District. Investigation of your property reveals a true complaint. An on-site visit conducted on January 10 & 11, 1995 revealed unregistered, damaged vehicles, dump bodies and miscellaneous junk. Parked on site were numerous registered vehicles and a bulldozer. A large quantity of split firewood was also stockpiled on the property. The conducting of this type of business in the Residence -1 District is in violation of the North Andover Zoning By -Law. Specific violations are against Section 4.121. You are hereby notified to cease the operation of a landscape/construction business and remove all miscellanous junk in the R-1 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three hundred dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for aggrieving this decision to the Zoning Board of Appeals, if you so desire. January 13, 1995 -2- Your cooperation in bringing this matter to a final conclusion is appreciated. DRN:gb c/Douglas Schmidt James P. Gordon, Town Mgr. Yours truly, D. Robert Nicetta, Inspector of Buildings & Zoning Enforcement Officer SUBJECT PROPERTY ADDRESS MAP !PARCEL ILOT INAME i (OL) Ia I Ib3 t �2yvcsi— � �onTKN)awMal- ct I-- .. �111ZLC. YCE Mardfionda `%QT TO�RE'"�• iIK r't� CL`w� OVER & Associates, L.P. NORTH aNCU tr `�S Engineeringand ; +r. LL j ; Planning Consultants March 17, 1995 North Andover Planning Board 120 Main Street North Andover, MA 01845 , Re: Preliminary Subdivision Plan Submission Brookside Estates Dear Board Members: On behalf of my client, Tyler Monroe, I would like to withdraw from consideration the application for preliminary subdivision plan approval for the above referenced subdivision. I apologize for any inconvenience this action may cause. Should you require additional information, please do not hesitate to call. Sincerely, Marchionda & Associat P. Mica . Rosati 62 11ontvale Avenue Suite I Stoneham. 11A 02180 (617) 138-6121 Fax (61 i) 438-965.1 INTRODUCTION: IN RE: APPEAL OF TYLER MUNROE OF DECISION OF BUILDING INSPECTOR /O. 5� The Petitioner is the owner of a terve acre parcel of land located off of Winter Street, (the "premises"). He intends to cultivate the property as a nursery. He will be planting and harvesting shrubbery and small specimen quality trees. The plant material and trees will be primarily sold to customers of the Petitioner's landscaping business. The Petitioner intends to construct a small barn on the property which will house various tools and equipment used on a tree farm. He has presented to the Coseravtion Commission a plan, and orders of condition have been issued. He will be commencing the plantings this year. PROCEDURAL HISTORY The Petitioner has been cited by the Building Inspector for operating a landscaping business on the premises which are zoned R-1. The Report is premised upon the observations contained in the letter, including the presence of abandoned vehicles and other debris. The Petitioner has removed the offensive personal property from the site, and therefore believes that the site conforms to Zoning. The Petitioner does not intend to operate his landscaping business from the premises. He will be using equipment in connection with the tree farm including but not limited to a bulldozer and other small equipment. RELEVANT LAW Section 4 of the Zoning Bylaws of the Town of North Andover, Massachusetts (1993) (hereinafter the "bylaws") designates building and uses permitted as a matter of right. Under section 4.121 number 6(a) it provides that agriculture, horticulture, floraculture, vi(v)iculture and silvaculture are permitted uses. These permitted uses are in comportment with General Laws c. 40A section 3, as amended by St. 1982, c.40 that set forth limitations on the subject matter of zoning ordinances which provides in part ...(N)or shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floraculture, or viticulture; nor prohibit or unreasonably regulate the expansion of existing structures or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floraculture or viticulture ... These use exemptions have been interpreted broadly by the appellate courts. See Tisbury v Martha's Vineyard Com. 27 Mass App 1204, 544 NE 2d 230 (1989) The term "horticulture" is not defined in the statute. When not defined by statute the courts give the terms their usual and accepted meanings and look to their use in other legal contexts and to dictionaries to derive the meanings. Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct 401, 494 NE 2d 42 (1986) The use and definition of "horticulture" in the Massachusetts taxation statute is relevant. See Steege v. Board of Appeals 26 Mass App 970, 527 NE 2d 1176 (1988) General Laws c. 61A section 2, which addresses the assessment and taxation of agricultural and horticultural land provides in part that (1)and shall be deemed to be in horticultural use when primarily and directly used in raising ... nursery and greenhouse products, and ornamental plants and shrubs for the purpose of selling such products in the regular course of business... Because the property at 400 Winter Street is being used as a nursery it falls within the ambit of the term of "horticulture" and as such is a permissable use as defined by the North Andover zoning regulations. CONCLUSION The decision of the Building Inspector should be reversed. The Petitioner should be able to operate a nursery as a matter of right. spectfully Submitted ler Munroe his attorney, A. James, Jr. lO N�ATN KAREN H.P. NELSON Town of BUILDID.G' NORTH ANDOVER CONSERVATION ,ae�CMUBf4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 13, 1995 Mr. Tyler Munroe 100 Foster street North Andover, MA Dear Mr. Munroe: 120 Main Street, 01845 (508) 682-6483 This office is in receipt of a formal complaint that you are operating a landscape/ construction buisness at property located at rear of 400 Winter Street which is in the R-1 District. Investigation of your property reveals a true complaint. An on-site visit conducted on January 10 & 11, 1995 revealed unregistered, damaged vehicles, dump bodies and miscellaneous junk. Parked on site were numerous registered vehicles and a bulldozer. A large quantity of split firewood was also stockpiled on the property. The conducting of this type of business in the Residence -1 District is in violation of the North Andover Zoning By -Law. Specific violations are against Section 4.121. You are hereby notified to cease the operation of a landscape/construction business and remove all miscellanous junk in the R-1 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three hundred dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for aggrieving this decision to the Zoning Board of Appeals, if you so desire. January 13, 1995 Your cooperation in bringing this matter to a final conclusion is appreciated. Yours truly, D. Robert Nicetta, Inspector of Buildings & Zoning Enforcement Officer DRN:gb c/Douglas Schmidt James P. Gordon, Town Mgr. So 2/27/95 TO WHOM IT MAY CONCERN, I RECENTLY RECEIVED A CERTIFIED LETTER FROM THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS ABOUT A PROBLEM ONE OF MY ABUTTERS IS HAVING WITH THE BUILDING INSPECTORS DECISION. AFTER SPEAKING WITH TYLER MUNROE ABOUT WHAT THE PROBLEM WAS I HAVE TAKEN A POSITION IN FAVOR OF WHAT MY ABUTTERS PLANS ARE WITH HIS PROPERTY. WE HAVE LIVED HERE FOR 47 YEARS NOW AND THIS AREA HAS ALWAYS BEEN A FARMING AREA. WE HAVE ALSO KNOWN TYLER MUNROE FOR 25 YEARS NOW AND ARE QUITE POSITIVE ABOUT HIS INTENTIONS, HE HAS ALWAYS BEEN SINCERE AND COURTEOUS TO US IN THE PAST. BEING ONE OF TYLERS MAJOR ABUTTER I FEEL VERY GOOD WE ARE NOT GOING TO SEE HOUSES ON THIS PROPERTY AND IT WILL REMAIN THE FARMLAND WE HAVE ALWAYS KNOWN IT TO BE. SINCERELY JAMES AND GLADYS CHASE 500 WINTER STREET NO. ANDOVER, MASS 01845 t3 � IYY� s Jane Broderick 550 Winter St. No. Andover, Ma Tyler Munroe 100 Foster St. North Andover, Ma. March 14, 1995 Dear Tyler, I will be unable to attend tonight's meeting, but I would like to go on record to say you have been a good neighbor and I do not have any problem with your creation of a Christmas Tree farm. I also would like to say that the farm would be preferable to more houses. Sincerely, ane Broderick Paul M. DiSalvo 400 Winter Street ♦ North Andover, MA 08145♦ (508) 685-7259 March 12, 1995 Chairman Town of North Andover Zoning Board of Appeals Dear Mr. Chairman, This letter is in response to the notification I received from the board regarding Mr. Munroe's Winter Street property which will be on the docket for the March 14, 1995 public hearing of the Zoning Board of Appeals meeting. I have known Mr. Munroe for 20 years and have lived in my current home since 1989 as a direct abutter to Mr. Munroe's property on Winter Street. In this time I have not experienced any problems with or have any complaints to Mr. Munroe's use of the property. Mr. Munroe has been a resident of North Andover his entire life and even spent a great many of his years here on Winter Street at Bruin Hill farm It is nice to see someone who is going back to basics and continuing on with the farming tradition, cultivating trees and plants that are vital to his business as a well-known town landscaper. He contributes to the town of North Andover in numerous ways and it troubles me that anyone would find fault in someone trying to run a landscaping business, which is only here to beautify the surrounding community. I would like to pledge my support to Mr. Munroe, his family, and the continuation of his plans with the Winter Street property. Paul DiSalvo 400 Winter Street —S:I' TUE 1 1 M ` 5 ST • =:HAKERL_ ELJ I 4 -JA r-1Es P. ci 1 =* V 6 S T H A K' E R: L E W 1 .3 A r-1 E S m;chnl E. john A. li) T. Y Fl . 02 I ShAer KAREN H.P. NELSON D•,cao, ► ; Town of 120 Main Street, 01845 BUILDING NORTH .ANDOVER (508) 682-6483 CONSERVATION '`""' DIVISION OF pzANNLNc PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: From. Eli Kalil Address: 547 Winter St. MAR 1 0 complaint Against: ELECTRICAL: PLUMBING: (oil GAS: BLDG. CONTRACTOR: PROPERTY OWNER: Property. .at 400 Winter Street. Complaint is detailed below. OTHER: Signed: Property at 400 WinVx Street is used as a texminal location for large trucks and heavy equiFment associated with a landscaping business. The property is also used for storage of bulk materials used in conjunction with the business;a s a -disposal site for debris that originates from landscaping jobs; and as a location for storage of inoperable vehicles and equipment. Regular early -morning 'start-up of trucks and -heavy equipnent: during the. summer (before 6:30 AM), including sounding of air how, as well as occasional Prolonged operation of heavy eq_uipnent at 400 Winter Street -are an annoyance to neighboring residences. Heavy traffic of large trucks on Winter Street with and without heavy equipment_in taw represents a hazard to other vehicles, Pedestrians, and the large population of children that live along the- street. Current property use at 400 Winter Street essentially constitutes operation of a contractor `s yard and of a dump .'site. Such uses are entirely .inconsistent with those allowed under the R-1 zoning classification which has been assigned to Winter Street and severely detract from the residential character of the neighborhood. KAREN H.P. NELSON Dinxto. BUILDING CONSERVATION PL4NNING Date: From. Add_ess. ,► ; Town of NORTIi ANDOVER DIVISION OF PLANNING & COINIMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Eli Kalil 547 Winter St. Complaint Against: ELECTRICAL: PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: 0TH7R: S_gned: 120 Main Street, 01845 (508) 682-6483 �OoQ� Property .at 400 Winter Street. Complaint is detailed below. Property at 400 Wings Street is used as a terminal location for large trucks and heavy equipment associated with a landscaping business. The property is also used for storage of bulk materials used in conjunction with the business;as a disposal site for debris that originates from, landscaping jobs; and as a location for storage of inoperable vehicles and equipnent. Regular early .mom; n; ' start-up of trucks and -heavy equiprent: during the. sumer (before 6:30 AM), including sounding of air how, as well as occasional Prolonged operation of heavy equipment at 400 Winter Street -are an annoyance to neighboring residences. Heavy traffic of large trucks on Winter Street with and without heavy equipnent.in tow represents a hazard to other vehicles, pedestrians, and the large population of children that live along the street. Current property use at 400 Winter Street essentially constitutes operation of a contractor's yard and of a dump .'site. Such uses are entirely inconsister with those allowed under the R-1 zoning classification which has been assignee to Winter Street and severely detract frcm the residential character of the neighborhood. KAREN H.P. NELSON Town of Dior NORTH ANDOVER BUILDING �' •• CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: November 14, 1994 From: Douglas C. Schmidt Address: 526 Winter Street Complaint Against: ELECTRICAL: PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: Property at 400 Winter Street. detailed below. OTHER: c �lSigned: 120 blain Street, 01845 (508) 682-6483 Complaint is Property at 400 Winter Street is used as a terminal location for large trucks and heavy equipment associated with a landscaping business. The property is also used for storage of bulk materials used in conjunction with the business; as a disposal site for debris that originates from landscaping jobs; and as a location for storage of inoperable vehicles and equipment. Regular early morning start-up of trucks and heavy equipment during the summer (before 6:30 AM), including sounding of air horns, as well -as occasional prolonged operation of heavy equipment at 400 Winter Street are an annoyance to neighboring residences. Heavy traffic of large trucks on Winter Street with and without heavy equipment in tow represents a hazard to other vehicles, pedestrians, and the large population of children that live along the street. Current property use at 400 Winter Street essentially constitutes operation of a contractor's yard and of a dump site. Such uses are entirely inconsistent with those allowed under the R-1 zoning classification which has been assigned to Winter Street and severely detract from the residential character of the neighborhood. RF -URN C CEIP . i• e` the addfe;se� H.P. NELSON . �gecror this f. 46ILDING CONSERVATION HEALTH PLANNING 6j �• • Town of NORTH ANDOVER DIMON OF PLANNING & COMMUNITY DEVELOPMENT January 13, 1995 Mr. Tyler Munroe 100 Foster street North Andover, MA Dear Mr. Munroe: 120 Main Street, 01845 (508) 682-6483 This office is in receipt of a formal complaint that you are operating a landscape/ construction buisness at property located at rear of 400 Winter Street which is in the R-1 District. Investigation of your property reveals a true complaint. An on-site visit conducted on January 10 & 11, 1995 revealed unregistered, damaged vehicles, dump bodies and miscellaneous junk. Parked on site were numerous registered vehicles and a bulldozer. A large quantity of split firewood was also stockpiled on the property. The conducting of this type of business in the Residence -1 District is in violation of the North Andover Zoning By -Law. Specific violations are against Section 4.121. You are hereby notified to cease the operation of a landscape/ construction business and remove all miscellanous junk in the R-1 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three hundred dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for aggrieving this decision to the Zoning Board of Appeals, if you so desire. anuary 13, 1995 -2- Your cooperation in bringing this matter to a final :onclusion is appreciated. - Yours truly, J•� D. Robert Nicetta, Inspector of Buildings & Zoning Enforcement Officer )RN: gb f= / James P. Gordon, Town Mgr.-�.` 1/18195 DEAR BOB, I NEVER SEEM TO BE .ABLE TO TALK TO YOU ALONE SO I FIGURED I WOULD t,�TP= YOU A LETTER. I WANTED TO TELL YOU WHAT MY INTENTIONS ARE PERTAINING TO THE CEASE WORK ORDER FOR 400 WINTER STREET. FIRST OF ALL I KNOW THAT THIS ORDER IS NOT SOMETHING PERSONAL BETWEEN YOU AND I ANT) I ALSO KNOW IT IS THE WORST PART OF YOUR JOB. YOU HANE BEEN VERY FAIR TO RIE IN THE PAST AND I APPRECIATE IT ALLOT. THIS IS THE MAN REASON FOR MY LETTER SO YOU ALSO DO NOT TAKE ANYTHING I DO TO PROTECT MY RIGHTS ABOUT THE PROJECT AS A PERSONAL THING TOWARD YOU OR AN EFFORT TO OVERRIDE YOUR AUTHORITY OR PROCEDURES YOU HAVE TO TAKE TO ADDRESS A COMPLAINT. MY EFFORTS ARE SOLELY TOWARD THE LIKES OF MR. SCHMIDT. AFTER BEING IN TOWN MY WHOLE LIFE I DO NOT INTEND TO SIMPLY ROLL OVER AND DIE BECAUSE OF SOMEBODY WHO DOES NOT WANT ME TO USE MY LAND THE WAY I INTENDED. I WILL APPEAL THE ORDER TO THE BOARD OF APPEALS ON THE BASIS OF MY LAND BEING A FARM OPERATION. I ILAVE SPENT ALLOT OF MONEY AND TIME ON THIS PROJECT WITH THE TRUE INTENTIONS OF BEING WHAT I HAVE ALWAYS BEEN, A FARMER. HOPEFULLY THE BOARD WILL MAKE A DECISION WHICH W'fLL MAKE IT EASIER FOR YOU AND I IN THE CASE OF FUTURE COMPLAINTS. AGAIN BOB I FEEL YOU HAVE ALWAYS BEEN ON MY SIDE AND I THANK YOU FOR THAT AND I WOULD APPRECIATE ANY ASSISTANCE YOU COULD GIVE ME ON THIS PROBLEM. SINCERELY n -LER MUNROE •_��.... .._ t_.... ., ...-_.., .. _.. ... ........ ......,.. _..... .. .i_.-.... _. .. ._.-. !'.�a .. ......,. .t � �...>`......Y. u...L z..,..,.,....Z «,w l..i-n+,....e N \..a.>\1...a�s..»...a.lit_e... w.a:\''_.aJ.Mv.'L��w�.. t d „ow.w KAREN H.P. NELSON �: Town of Di' 0! NORTH ANDOVER BUILDING ......' , • CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: From: Address: SW 6� 120 blain Street, 01845 (508) 682-6483 Complaint ,Against: a'-- ,xwv /34wwo hyav W/,V1�5✓7- ELECTRICAL: w`1r1l5-1 le -1 03�;wAVI ` PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: OTHER: �S L � 1� d 1, 14 / �olli>e 67 0XW--' /��o �- , �z / /lwo,P-� .��w� .e 1 ; ,e /mow s Dv� � �� �- 77 Cs�iGD,��'71��iv19 dr pOwty� KAREN H.P. NELSONr Town of areaor NORTH ANDOVER .:.,_. BUILDING '°°•` DMSION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT VIOLATION NOTICE Issued from: NORTH ANDOVER CONSERVATION COMMISSION Issue to: Mr. Tyler Munroe Date: January 20, 1995 D.E.P. No: Location/Property: #400 Winter Street 242-654 120 Main Street, 01845 (508) 682-6483 The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Type of Activity: See enclosed report attached hereto and made a part hereof. If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Required Action: See enclosed report attached hereto and made a part hereof. Questions concerning this violation notice should the North Andover Conservation Office, Town Hall, or by calling (508) 682-6483 Extension 26. ,I Signature: Michael D. Howard 7 71 be directed to 120 Main Street DATE: 1/16/95 TO: DIRECTOR N.A. CONSERVATION COMMISSION 4 FROM: TYLER MUNROE RE: AGRICULTURAL WETLANDS PROTECT AT 400 WINTER STREET. DEAR SIR, VtTIEN WE SPOKE LAST WEEK I TOLD YOU I WOULD WRITE YOU A LETTER STATING TFIE PROGRESS MADE ON MY PROJECT SO FAR AND WHAT MY NEXT INTENTIONS WERE. AS I TOLD YOU ALL OF THE WETLANDS EROSION CONTROL WERE INSTALLED IN THE FALL OF 1993 AND INSPECTED BY RICHARD DOUCETTE AT THAT TIME. I REALIZE THAT TIME HAS BEAT THEM UP AND I AM PREPARED TO MEET WITH YOU EARLY SPRING AN DO WILATEVER IT TAKES TO BRING THEM -BACK TO CODE. AS FOR OTHER PROGRESS WE HAVE ADDED THE FILL TO CROSS THE WETLANDS AS THE PERMIT STATES. WE HAVE ALSO CUT ALL OF TIS TREES AND REMOVED THE STUMPS ON THE ISLAND. THE AREA WHICH WAS ILLEGALLY FILLED HAS BEEN RESTORED AS YOU SAW ON YOUR SHE VISIT. TITE,ONLY OTHER PROJECTS WE ARE GOING TO FINISH THIS WAITER IS TO REMOVE THE REM HINDER OF THE TREES ON THE ISLAND AND I IlINJSH THE WETLANDS CROSSING. TME REPLICATION WILL BE DUNE 'PHIS COMING SUMMER WHEN THE WATER TABLE IS LOWER. I APOLOGIZE FOR THE PROJECT TAKING SO LONG THAT THE EROSION CONTROL HAS DETERIORATED SO MUCH, BUT THE ONLY TIME WE HAVE TO DO THIS IS IN THE WINTER MONTHS AND LAST YEAR DID NOT .ALLOW US ANY TIME TO WORK ON THE PROJECT. IF YOU HAVE ANY OTHER QUESTIONS OR REQUEST PLEASE CALL ME AND I WELL ADDRESS TIIEM IMMEDIATELY. I HAVE ALSO ENCLOSED MY RECORDING SLIP FROM THE REGISTRY OF DEEDS. SINCE LY 7jAN �XE.i MUNRO NORTH ANDOVER CONSERVATION COMMISSION NOII/M Ot KAREN H.P. NELSONr�� a Town of Director ��''�'�; NORTH ANDOVER BUILDING ° ` `� CONSERVATION ,sS+cus�` DIVISION OF HEALTH PLA\KING PLANNING & COMMUNITY DEVELOPMENT January 20, 1995 Mr. Tyler Munroe 100 Foster Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 RE: Wetland Violations at #400 Winter Street (DEP # 242-654) Dear Mr. Munroe: Thank you for your prompt response in addressing my concerns with the above referenced site location. It was noted and app Upon inspection of the property on January 4, 1995 and after subsequent discussions with Mr. Bob Nicetta of the Building Department and yourself, it was determined that work on your property is not being conducted under the conditions set forth under your Order of Conditions dated July 19, 1993. Your Order of Conditions expiresonJuly anExtension Permits required. l l;n proposed work is not complete at that time Violations noted at the site were as follows: 1. Illegal discharge of excavation materials within the limits of a wetland resource area; 2. Illegal filling of a wetland resource area; 3. Unsatisfactory sedimentation and erosion controls; 4. DEP sign not posted or not visible; 5. Minimum stockpile of 25 haybales with sufficient staking not evident; 6. Work undertaken prior to recording the Final Order with the Registry of Deeds; 7. Construction sequence/schedule not provided to the Conservation Department; 8. Stockpile of materials within 10 feet of the wetland resource areas; Per our discussion on January 4, 1995 it was agreed that all sedimentation/erosion controls would be re-established in the late winter/early spring when the frost layer had lessened. Repair of all controls specifically refers to re -trenching of all silt where applicable* of aill haybales site review by and re -staking subject to fencing completion of this task s subj artment. ctory the Conservation Dep sati.sf a myself or another member °f additional stated to you that no In addition, it was also clearly e wetland resource I encroach into the wetla�h,re5ource area, no materials/spoils would would soils be stockpiled within 10 feet of area(s)- resolve the above of Conditions and If you have our Order as soon as possible. lease do Please review Y where feasible►our Order of Conditions p mentioned issues, any questions or conta�tnthistoffice. not hesitate inquiry was noted and response to my initial inq would be YO prompt resp in resolving these matters Again, eration post -winter work your additional Cooperation to the initiation °f and accordingly• most appreciated. you will need to contact this office and res Thanking you in advance. sincerely,; Michael D. Howard Natural Resource/Land Use Planner 310 C:MFA 10.29 242-b54 DEP F:. tae CEPI Gh Town North Andover Commonwealth Tyler Munroe of Massacriusetts sppucant #400 Winter Street - Order of Conditions - Massachusetts Wetlands Protection Act G.L. C. 131, §40 . and under the Town of North Andover's Wetlands Bylaw, Chapter 178 NORTH ANDOVER CONSEUATION COMMTSSTn Ta Tyler Mun (Name of prooerry owners (Name of Applicant) 100 Foster Street Adt:. e__ r ec North Anrinvarr �n nig,'ti Acores This Crcer is Issued aria delivered as follows: �. Q by h2nd deiiveryto a nficant or reoresentative an_ . rcei r. _. '.f.��;fffep mail. retumens reol.e_t__ _ �. - This t:roject is toczted at 4400 Wintgr Str The crooerty is reccrced at the ne_mtry of Deeds EcoPage — Canrficate (it req!sterecl The Notice of Intent f or trill croiec: was flies cn F - - The nuatic nearing was =,lad on Juiv 7, 199' !date; Fndinas rias reviewed trie above-relerenc=c Nctlte of The NACC t„e nmrials a p.:ciic nearing an ;ria �ra;eC:• =area cn the iniorrrauon avar=:e tc Intent aria c-ans anc . _5 has cerermtne^_ that NACCat this time. the to trie toilowing Interests in ac: c: canc� wltn Ine area on wnir-r, the orceosea work is to oe acne Is signliicant Area SuCteC: t0 PfaIeC: on Unser trie trie PfesUrn�+nan5 of SIorilftcartCe set forth inme f9=L'Ia:.cn5 for eac" AcItC^acxzsat,rrecnatel: Ch.178 Q Prevention of erosion and sedimentation Flood corttrof M Land ccmmninc sneiitisn 7 Pubi;c water suopfy Q i Fisnerie.� Storm aatnace crevenncrt snProie�en Private water sucptY C Prevention of peituucn of wiirrfife nai;fat Ground water suepiY 0 Ch.178Q Recreation Ch. 178 Wildlife StG1e fh IOtat Hina =matted ('/•_ fee in excess c. Cityr Iown Share $137 50 State Pflrncn S Tatat Re!und Due = Citvl town Porton S (�/2 tCtal) (1/2 total) #242-654 #400 Winter Street 2 Therefore, the North Andover Conservation Commission (hereafter the ,NACC") 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 NP_CC orders that all work shall be performed in accordance with said 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. GENERAL CONDITIONS _ _ _ 1 . Failure to CUm4J ly wl�n Q1� conditions 7LGLl 4 iLClelil, Gnd W'1l h all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This 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, by-laws or regulations. a. The work authorized hereunder shall be completed within three years from the date of this Order. 5. 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 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection is reauested 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. 7. The proposed work includes an Agricultural Nursery Project within the provisions of 10.53(3)(a) this projects proposes "work on land to be used primarily and directly in the raising of... trees, nursery or greenhouse products, and ornamental plants and shrubs...". Pursuant to this Agricultural Limited Project, the driveway will access the barn which will house the equipment to plant, care for and harvest the nursery products. This driveway will the require filling of 6069 sq. ft. and the replacement of 6650 sq. ft. of BVW . 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): (a) Notice of Intent filed by Tyler Munroe. (b) Plans prepared by Scott L. Giles R.L.S. ##242-654 #400 Winter Street 3 9. The following wetland resource area is affected by the proposed work: bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to_the._identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated 1-2_93. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. 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. 1:— TO CONSTRUCTION 13. 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. 14. 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 ourt Certificate of Title Order shall also be noted on the Land C of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North ission on the form at the end of this Andover Conservation Comm Order prior to commencement of the work. 15. A sign shall be displayed at the site not less tan two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 242-654". #242-654 #400 Winter Street a 16. 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 nformationsubmitted 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. 17. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hi --gid to coordinate construction and to ensure compliance with this Order. 18. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 19. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 20. A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed along all excavated and filled areas 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 permanentl_r stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. 21. The applicant shall have on hand at the start of anv soil disturbance, removal or stockpiling, a minimum of twenty-five (25) hay bales and sufficient stakes for staking these bales (or an eouivalent 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. #242-654 #400 Winter Street 5 -22. A proper bond or a deposit of money running to the Town of • North Andover shall be provided in the amount of $500.00 plus $5,000.00 for the barn 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 before commencement of work. Said bond or 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 releasedaftercompletion-of the project, provided that provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. , DURING CONSTRUCTION 23. upon beginning work, the applicant shall submit written progress reports every three (3) months detailing what work has been done in or near resource areas, and what work is antic__oated to be done over the next period. This will update the construction sequence. 24. 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 of any of the foregoing. 25. No exposed area shall remain unfinished for more than t__irty (30) days, unless approved by the NACC. 26. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 27. There shall be no stockpiling of soil or other materials within ten (10) feet of any resource area. 28. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Svil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. #242-654 #400 Winter Street 0 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 30. 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. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with ,this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 33. 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 r_thin 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 34. 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. 35. Fertilizers utilized for landscaping and lawn care shall be organic and low -nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 36. 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. 414L -b54 {F4uu "_LULCl 0l.1CCl_ 37. Upon completion of the project, the applicant shall submit a letter to the NACC from.a Registered Professional Civil Engineer or Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: _ 33 .__ Discharge_ or. spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides. Issued By North Andover Conservation Commission FSignature(s This Order must be signed by a majority of the Conservation Commissl On this % day of e _���7 1 P J before me personally acpeared C'Eo2GE . to me known to be the person, described in and who executed the foregoing instrument and acknowleaaed that he: she executed the same as hisiher free act and deed. i � JJ' Notary Public My commission expigs The acnicant. the owner. any person a95neved by this order. any owner of land abumno the land upon which the or000sea work is ic ce acne. or any ten residents at the city or town to which such lana is located. are nereoy notified of their right to reeuest the Deoanment c' Environmental Protection to issue a Sucerseeino Orcer. pravieinu ine mouest is made by cert le•Z magi ar nand ce6ver: r-_ ..._ _..c_..^e.^.'.. with the appropriate tilinc tee and Fee Transmural Form as provided in 310 VAR 10.03(71, within ten cat's from the tate at issuance at Ims Determination. A copy of :he request snail at the same time oe sent by certified matt or nand aeitvery to the Conservation Commission anc:ne aboncant. I` you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detacn on aattea line and submit to the North Andover Conservati on Corin - prior to commencement at work. .................................................................................................................................................................................................................. To North Andover Conservation Commi ssi nn ssunc utncn:v Please be advtseo :hat the Order of Concitions tar the protect at X6400 tdi n t Pr 4 t- -o P t ;�,ie Number 242— 654 nas peen recprcea at the rie:,s-� of nPP(i s , North Essex =nc nas been notec in the chain of tine at the attec:ec crooerry in accarcance - in Generat Ccne:tlon 8 on It reccrcea lane. the ,nsaument number wnica taenutias mis 2zsac_on 13 f rec;sterea tans. the eccument numoer whicn icentifies this transaction Cna:u. _ 4.4 h KAREN H.P. NELSON Town of ori ' t! NORTII ANDOVER BUILDING k.;� •� CONSERVATION ` DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: November 14, 1994 From: Douglas C. Schmidt Address: 526 Winter Street Complaint Against: ELECTRICAL: PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: Property at 400 Winter Street. detailed below. OTHER: RSigned:,� ` �- 120 Main Street, 01845 (508) 682-6483 Complaint is Property at 400 Winter Street is used as a terminal location for large trucks and heavy equipment associated with a landscaping business. The property is also used for storage of bulk materials used in conjunction with the business; as a disposal site for debris that originates from landscaping jobs: and as a location for storage of inoperable vehicles and equipment. Regular early morning start-up of trucks and heavy equipment during the summer (before 6:30 AM), including sounding of air horns, as well as occasional prolonged operation of heavy equipment at 400 Winter Street are an annoyance to neighboring residences. Heavy traffic of large trucks on Winter Street with and without heavy equipment in tow represents a hazard to other vehicles, pedestrians, and the large population of children that live along the street. Current property use at 400 Winter Street essentially constitutes operation of a contractor's yard and of a dump site. Such uses are entirely inconsistent with those allowed under the R-1 zoning classification which has been assigned to Winter Street and severely detract from the residential character of the neighborhood. RN RECEIPT rhe addresfeQd H.P. NELSON MIS ' (:BUILDING CONSERVATION HEALTH PLANNING Town of •� NORTH ANDOVER DIN790'; OF PL.AINTNING & COMMUNITY DEVELOPMENT January 13, 1995 Mr. Tyler Munroe 100 Foster street North Andover, MA Dear Mr. Munroe: 120 Main Street, 01845 (508) 682-6483 This office is in receipt of a formal complaint that you are operating a landscape/ construction buisness at property located at rear of 400 Winter Street which is in the R-1 District. Investigation of your property reveals a true complaint. An on-site visit conducted on January 10 & 11, 1995 revealed unregistered, damaged vehicles, dump bodies and miscellaneous junk. Parked on site were numerous registered vehicles and a bulldozer. A large quantity of split firewood was also stockpiled on the property. The conducting of this type of business in the Residence -1 District is in violation of the North Andover Zoning By -Law. Specific violations are against Section 4.121. You are hereby notified to cease the operation of a landscape/ construction business and remove all miscellanous junk in the R-1 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three hundred dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for aggrieving this decision to the Zoning Board of Appeals, if you so desire. W, January 13, 1995 -2- Your cooperation in bringing this matter to a final conclusion is appreciated. Yours truly, D. Robert Nicetta, Inspector of Buildings & Zoning Enforcement Officer James P. Gordon, Town Mgr. �- :_ r 1118/9-1 DEAR BOB, I NE,TR SEEM TO BE ABLE TO TALK TO YOU ALONE SO I FIGURED I WOULD �,�TP.TTE YOI I A LETTER. I WANTED TO TELL YOI WILAT MY LNTFNI'[ONS ARE PERTAIN NG TO THE CEASE WORK ORDER FOR 40o WR -TER STREET. FIRST OF .ALL I KNOW THAT THIS ORDER ILS) NOT SORIETHING PERSONAL BET Nt TEN YOU AND I AND I ALSO KNOW IT IS THE WORST PART OF YOUR JOB. YOU FIAN.TE BEEN VERY FAIR TO ME IN THE P AST A1TT I APPRECLATE IT ALLiT. THIS IS THE MAIN REASON FUR MY LETTERS() YUU ALSO DO NOT TAKE ANYTI-IING I DO TO PROTECT MY RIGHTS ABOUT THE PROJECT AS A PERSONAI. THING TOWARD YOU OR AN EFFORT T(-) CATRRIDE YOUR AL7HORITY OR PROCEDURES YOU HATE TO TAKE TO ADDRES`: A COMPLAINT. MY EFFORTS ARE SOLELY" TOWARD THE LIKES OF MR. SCHIBZIDT. AFTER BEING IN TOWN MY WHOLE LIEF, I DO NOT INTEND TO SIMPLY ROLL OVER AND DIE BECAUSE OF SOMEBODY "THC> DOE NOT WANT NIE TO USE MY LAND THE WAY I INTENDED. I WILI. APPEAL THE ORDER TO THE BOARD OF APPEALS ON THE B ASIS OF MY LAND BEING A FARM OPERATION. I RAVE SPENT ALLOT OF MONEY ANT) TIME ON THIS PRUJEC'T �-ITTFH THE TRUE NTENIZON' OF BEING l�'HAT I HALE ALWAYS BEEN, A FAPUNIER. HOPEFULLY THE BOARD WILL MAKE A DECISION \kTHCH WILL m AKE rI EASIER FOR Yui AND I IN THE CASE OF FUTURE COMPLAINTS. AGAIN BOB I FEEL YOU ILAVE ALWAYS BEEN ON 11IY SIDE ANTI) I TH<,NK YOU FOR THAT tVNP I WOULD APPRECIATE ANY ASSISTANCE YOU COULD GI\,`E ME. ON THIS PROBLEM. SINCERELY TYLER MUNROE ... .., ._. ... .... . ...__. .. _ .........._.... .. _..._....... _.-.. .............,...._.�....._..,._._...._.....i..,...:Y_.......:�....�.�.S.wa.r..\:J..\.a�,...-..i.a.. f.lu.:J_1.wAJ..♦_.�J.Lu. /:..-.• 1 � KAREN H.P. NELSON pill Town of °:i°r NORTII ANDOVER BUILDING CONSERVATION ` DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: Z11 5-- From:/l�✓%��G ��%� Address: S GrJ!'IU� 120 Main Street, 01845 (508) 682-6483 Complaint ,Against: ����'��-��,Up �3/ice ELECTRICAL: AIL / , PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: IS OTHER: t i rrna ��'fG,�l/ ,¢ j �' �G-:.ii�1/.p •yvD GJi.Ui� SiTti'g, -6S �`G.�vSS J�/l�•S,i���'.�Pi�/ �% /ZOme y the ZW,44/fj" 14�Vo ,e� pus .e 1 .5 ale GLS ��•2�',S//.Jbsr/T/�'C �/�/�� ^��.5• i9` ,OG1� .S iT�' O;e � �,v ,ar�va-,rtiax�rs �- /3�.�•�a' o� s��gT-��,ef��j .� �•�2�&��r;f�°��'� Tf.�� d �gnTy.� KAREN H.P. NELSON Town of ' D`"°' NORTH ANDOVER BUILDINGDMSION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT VIOLATION NOTICE Issued from: NORTH ANDOVER CONSERVATION COMMISSION Issue to: Mr. Tyler Munroe Date: January 20, 1995 D. E. P. No • 242-654 Location/Property: #400 Winter Street 120 Main Street, 01845 (508) 682-6483 The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Tvne of Activity: See enclosed report attached hereto and made a part hereof. If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Required Action: See enclosed report attached hereto and made a part hereof. Questions concerning this violation notice should the North Andover Conservation Office, Town Hall, or by calling (508) 682-6483 Extension 26. Signature: Michael D. Howard be directed to 120 Main Street DATE: 1/16/95 TO: DIRECTOR N.A. CONSERVATION COMMISSION FROM: TYLER MUNROE RE: AGRICULTURAL WETLANDS PROJECT AT 400 WINTER STREET. DEAR SIR. wHEN I E SPOKE LAST WEEK I TOLD YOU I WOULD WRIIT. YOU A LETTER STATING THE PROGRESS MADE ON MY PROJECT SO FAP. AND WHAT MY NEXT INTENTIONS WERE. AS I TOLD YOU ALL OF THE WETLANDS EROSION CONTROL WERE INST.ULED IN THE FALL OF 1993 AND INSPECTED BY RICHARD DOUCETTE AT THAT TLME. I REALIZE THAT TIME HAS BEAT THEM UP AND I AAI PREPARED TO MEET WITH YOU EARLY SPRING AN DO WHATEVER IT TAKES TO BRING THEM BACK TO CODE. AS FOR OTHER PROGRESS WE HAVE ADDED THE FILL TO CROSS THE WETLANDS AS THE PERMIT STATES, WE HAVE ALSO CUT ALL OF TIDE TREES AND REMOVED THF, STUMPS ON THE ISLAND. THE AREA WHICH WAS ILLEGALLY FILLED HAS BEEN RESTORED AS YOI1 SAW ON YOUR SI'IT VISIT. TIIE ONLY OTHER PROJECTS WE ARE GOING TO FINISH THIS WINTER IS TO REMOVE THE REMAINDER OF THE TREES ON THE ISLAND AND FINISIi TME WETLANDS CROSSING. DIE REPLICATION WILL BE DONE THIS COMING St',MMER WHEN TliE WATER TABLE IS LOWER. I APOLOGIZE FOR THE PROJECT TAKING SO LONG THAT THE EROSION CON 1ROL HAS DETERIORATED SO MUCH, BUT THE ONLY TIMEA-E HAVE TO DO THIS IS IN THE WINTER MONTHS AND LAST YEAR DID NOT ALLOW US ANY TIME TO WORK ON THE PROJECT. IF YOU HAVE ANY OTHER QUESTIONS OR REQUEST PLEASE CALL ME AND I WILL ADDRESS THEM IMMEDIATELY. I HAVE ALSO ENCLOSED MY RECORDING SLIP FROM 'alE REGISTRY OF DEEDS. SINCE%LYEO M0111M KAREN H.P. NELSON o� Town of Di'rcctor..: ; NORTH ANDOVER BtiILDING CONSERVATION ♦sS,°"UDIVISION OF SEt HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 20, 1995 Mr. Tyler Munroe 100 Foster Street North Andover, MA 01845 120 Main Street, 01845 (508)682-6483 RE: Wetland Violations at #400 Winter Street (DEP # 242-654) Dear Mr. Munroe: Thank you for your prompt response in addressing my concerns with the above referenced site location. It was noted and app Upon inspection of the property on January 4, 1995 and after subsequent discussions with Mr. Bob Nicetta of the Building Department and yourself, it was determined that work on your property is not being conducted under the conditions set forth under your Order of Conditions dated July 19, 1993. Your Order of Conditions expires enJuly than anlExtensio;if n Permit proposed requ�red rk is not complete at that tim violations noted at the site were as follows: I. Illegal discharge of excavation materials within the limits of a wetland resource area; 2. Illegal filling of a wetland resource area; 3. Unsatisfactory sedimentation and erosion controls; 4. DEP sign not posted or not visible; 5. Minimum stockpile of 25 haybales with sufficient staking not evident; 6. Work undertaken prior to recording the Final Order with the Registry of Deeds; 7. Construction sequence/schedule not provided to the Conservation Department; 8. Stockpile of materials within 10 feet of the wetland resource areas; Per our discussion on January 4, 1995 it was agreed that all sedimentation/erosion controls would be re-established in the late winter/early spring when the frost layer had lessened. Repair of all controls specifically refers to re -trenching of all silt of all haYbales where applicable. re -staking to site review Y fencing and of this task is subject Department. f ctory completion the Conservation Sates a myself or an member 01 ou that no additional stated to Y area, nor In addition, it was also clearly Wetland resource oils would encroach into tfe teofathe esource materials/sp within 10 would soils be stockpiledabove area(s)- resolve the Conditions and If you have our Order °f as soon as possible. Please review Y lease do mentioned issues, where feasible, any questions or concerns with your Order of Conditions not hesitate to contact this of ice. noted and your initial inquiry was would be prompt response to my these matters Again, cooperation in resolving any post -winter work your additional rior to the initiation of and accordinglY- most appreciated. you will need to contact this office and res Thanking you in advance. Sincerely, , Michael D. Howard Natural Resource/Land Use Planner 310 CMAR 110-99 Fara: 5 r CzrrimanweattM - of massacnusett5 #400 Winter Street Order of Conditions ov me tam 242-654 Ranaov,rmc►OEP! C,ry ToNorth Andover Aacts=nt Tyler Mun — Massachusetts Wetlands Protection Ac: O.L. C. 131, §40 and under the T_ourn of North Andover's Wetlands Bylaw, Chapter 178 NORTH �ND0VER CO\IZ 7tT� 'a„TSN QrYTc?n T Tyler Munro Tc S�m (Name of Ap-.:1c21110 (Nasme at =, --erty owners 100 roster Street Nort', This Orcer:s issue^_ anc eeiiverec as touews: rc:.:_! =res= C b h=nc .y *0 aD�iiG3nt cr re ntaave gin_ E:cI cue sc ^ "/ :l;.ifiec mail. retumteo re �_� .,�.j- c::s icier. at ' 400 T%i n te, S t rea -- This ;,rcie The :•c^erty Is rec"rcec at the nec:strr c: Deeds T rr� C eriit:�:.ie Ili recaterac� clec: was ;iiec c;, � o�,-.,., - -•_. The Nctice Cf cr trnen;'.cr nis The �u-'.ic �e=_ring was =Sea cr Fincincs r as � ev,ewec the .Dcve-ret=re^�- .�..- '= e N cc _ -s c;ic nesnnc cn ne C ^”=:. =zsec cn the mormatic:� avaicar:e to a Intent anc c:ans anc .._ ne•a - has cetermmec teal NACC at this time. the yA(( is sicnnicr.;. t to the iattaw,ny :nte!�StS in eC.:c'ca"== w,i;r the area cn wnicn ;ne crcCosea worx to ee acnes - _ •� a==•^ Area :ueiec: to Y'CSeC::gin Unc=_r the r ^� 5 Ic^ ,;. 5 SicniitCa,'i_ set ,n me a urcaons ct .. ror...;a: Cn5 . in sue _ — --- Ac-IC:scxZa=-ICcnate:: Ch. 178C ?reuention of erosion and sedimentation L lac cc-,=n:rc srteiltisn pubic water sucCiY C Fiaca ccniret o c.averlrcn Q Fisneries Storm eamac_ pnvate water sucCty r Preventn at trettuucn C Frcteron of wiid:ite tc Grcunc water sur. C:i 178I Recreation Ch. 178 Wildlife State bare To:o Fiinc Su_nt:^.ec �_, (,I fe-- in exams c: 5-2=• C:Ivf Tawn Sha1e $137 50 - State=-cr.,cn - Tc:at F:.,,ur. c Cue iown pcnTtcn (�/z tctatl #242-654 #400 Winter Street 2 Therefore, the North Andover Conservation Commission (hereafter the "NACC") 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 NP_CC orders that all work shall be performed in accordance with said 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. GENERAL CONDITIONS 1 F ailllre t0 COmti _V Wit:l a_I Condit=Oris s t a li he reirl, anu :Jit all related statutes and Other regulatcry measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize anv in-uryt-c private property or invasion of private riahzs. 7hsOrder does not relieve the permittee or anv other person o= the necessity of complying with all other applicable federal, szate or local statutes, ord=inances, by-laws or regulations. 4. The work authorized hereunder shall be Completed wizh-n th_ee years from the date of this Order. 5. This Order may be extended by the issuing authority fcr one Cr more periocis of up to one year each upon application tc the _SSLiinCT authcrl=v at leas 30 dGVS prior t0 the expiration daze of the Order. 6. ,V%ere the Departmenz ofEnvironmental Prczection _S req-esze: to rake a dezer--naz_or_ and zo Issue a Superseding OrdeY, zhe Conservation Commission shall be a party to all agency proceedings and hearings be --':ore the Department. 7. The proposed work _rcl,.,des an Agricultural Nursery Projecz ,v_ _ -- the provis--, ons cf Z., _0 . (3) ia) this pro j ect� - cses ' .�cr.� on 'and to be used primarily and directly in the raising of_... trees, nursery Cr greenhouse products, and ornamenzal plants and m_i ted Project-, t'r_ePursua t to this Agricultural drivewav will access the barn which will house the equipment to plant, care for and harvest the nursery products. This driveway will the require filling of 606° sq. ft. and the replacement Cf GG50 sg. ft. of BVW S. The work s:.all conform to the following (except as nosed in --he remainder of this document where revisions may be required): ia) Notice of Intent filed by Tyler Munroe. ;b) Plans prepared by Scott L. Giles R.L.S. 3 #242-654 #400 Winter Street 9. The following wetland resource area is affected by the proposed work: bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to Overcome the presumption of significance of these resource areas to -the _id • _ 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans.dated 1-2-93. Prior to the issuance of a Certificate of Compl G.�c., the applicant will submit a plan showing the site's wetland defneaticn at a scale identical to the Town wetland man fcridentical th-s location. '1. Issuance of these Conditions does not in any way imply or cert fv that the site or downstream areas will not be subject to Z-1 — ocalng or storm damage. 12 . The ccnditior_s of -this decision shall apply to, and be binding upon, the applicant, owner, its employees dna all successors and assigns in interest or control. PRIOR TO CONSTRUCTION 13. No work shall be undertaken until all administrat=ve appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Ccurt have been completed. recorded the applicant at the ,� Th; Order shall be r� de.� by -_ _, _ Rec-s-~v✓ot Deeds immediately after the exp rae_cr. c_ G-= G_= --- ; �r , - 11 Order _^Gs per -ccs. No wcrk shall be undertaken unci -'e - `--` been recorded in the ReaJstry Of Deeds or the Land Ccurt for C1' tet, _ct i n a_r_iC 1 the land LS lOCated, within the C_':ain Of t_` e of t^.e a-=eCted property. In^• the case Ot recorded la :a, Final Order shall also be noted in the Registry's :cantor ur_der the name of the owner of the land upon which the po=ccsed work is to be done . In the case of reaiStereQ ! anti, �n r _.:G1 T _ t , e Order shall also be noted on the Lard Court Certificate o� _� 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 ena of this Order prior to commencement of the work. t__an A sic:,shall the site not less twoall be displayed at � _ Ye feet or more than three square fe n size �,ea_ of i ring "e scua� WOr"S "Massachusetts Department of Environmental_�- Fife Number 242-6654" - #242-654 #400 Winter Street g 16. 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 nformationsubmitted 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 submi--ed 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. =7. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site `_ con - r=` _�.�rce with an NACC representative, the contractor and the o._ applicant to ensure that all of the Conditions of this Order are underszood. This Order also shall be made a part of the contraczor's written contract. The applicant or contractor snia__ ncc_fy the NACC in writing of the identity of the on-site c--n-struction SupErvisor Hi—d to coordinate Construct --On and ensure compliance with this Order. 18. The applicant shall submit a construction schedule/Sequence to the NACC detailing the proposed sequence of work on site to ccmr-rete this project. _9. Wetland flagging shall be checked prior to start of icz_cn andrshali be re-eszabl_shed where missing so ___az eros control measures can be properly placed and wetland _,acz_ can be monitored. 20. A row of staked hay bales backed by a siltation fence :oe placed between al_ conszruCticn areas and we!: ands. T e erosion_ control barrier will be properly installed and placed la _c all excavated and filled areas and shall be i nspeczeo and apz-3ved by the NACC prior to the Start of construction and sna_- remain intact -until all disturbed areas have been permanently sza�il-zed to prevent erosion. All erosion prevention and se-imentation protection measures found necessary during ccn��ruction shall be implemented at the direction of the NACC. 21. illi applicant shall have on hard at the start of any soil dicz-irbance, removal or stockpiling, a minimum of twenty -fire (25; hay bales and sufficient stakes for staking these bales (or an elauivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall riot be used for the normal control of erosion. ##242-654 #400 Winter Street J 22. A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $500.00 plus $5,000.00 for the barn 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 before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. DURING CONSTRUCTION 23.upon beginning work, the applicant shall submit written progress reports every three (3) months detailing what work _las been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 24. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris, including but nct limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor ve__^_icies or parts of any of the foregoing. 25. Vo excosed area shall remain unfinished `_or more tha__ (30) dans, unless approved by the NACC. 25. Nc rearadi ng the bu==er z--ne sha__ have a slope than 2.1 (hor41 ;zontal.vert_cal). Slopes of steeper grace s_a=_ bE rip -Yapped to provide permanent stabilizat_on. 27. Where small be no stockpiling of soil or other mazer_calS ten (10 ) feet of ar_v resource are -=. 28. After proper grading, all disturbed areas located within a resource area which will net remain as wetland areas, sial, bE loamed (minimum of 4" of quality loam), and seeded. This s' --all all be done in accordance with SCS guidelines. All disturbad areas located within wetland resource areas which are to be only tem:orarilydisturbed during construction, shall be restore: tc the__ original grade, soil profile and vegetative cc'ver. S�_1 used for this purpose will either be wetlands topsoil or -a minimum of 4" of quality loam. #242-654 #400 Winter Street 5 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 30. 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. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32. Members of the NP_CC or its agent shall have the right to enter upon and inscect the oremises to evaluate and/or er=ect C_ mpliance with this Order of Conditions. The NACC' reserves the richt to require, following field inspection, additional infcr;nation or resource protection measures. 33. During and after work on this project, there shall be no disc^:arge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge o= aril pollutant during an -Y, phase of construction the NACC Si all be n.;tified by the applicant one (1) business day. Nn construct -ion vehicles are to be stored within 100 feet of wetland resource areas, and no Vehicle refueling, equipment lubr=cat_Cn_, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 3a . No un_dercround Stcr ace C= `uel Oils shall be allowed on anv lot wi�:^in one-hur_dred '100) feet of any wetland resource area. ThiS Condition shall survive this Order of Conditions, an: Sn_all rune with the title of tie property. This condition is issued under the allthcr=ty Or the Town`s WezIand prOLeCL-on 3yL,aw. ==rt 1_zers utilize.^. for landscaping and fawn Care shall be organic and low-nitccn e pent , and Shall be used -r. moderation. Pesticides and herbicides shall not be used w_z___n 100 fee- of a wetland resource area. This condition is issued under the authority of the Town's Wetland -Protection Bylaw. 36. ucon completion of ccnsLructicn and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaminc and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 37. Upon completion of the project, the applicant -shall submit a letter to the NACC from_a Registered Professional Civil Engineer or Land Surveyor certifying compliance with this order of Conditions and the approved plans referenced herein (or approved revisions). 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 33. Discharge -or spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides. Issued By North Andover Conservation Commission 5ignature(s) This Croer must "�e signed by a majority of the Conservation Commt On this 7 day of e (2 19 423 before me personally acoeared (;�Ey2GE I exg!q , to me xncwn to Ce the perscr, cesc,Iibed in and who executed the foregoing instrument ano acrnowiegcec that he!she executec the same as hisrher free act and deed. Nctary Puciic My commission expi s i hea:ci. z; , :ns owner. any :erscn aa_nsveo Cy this Orcer, any owner of lana aeuntne the land uocn wnicn the ercxsea woK is :c ce acne. or any ten resiaens of the city or town in wnicn such lane is locates. are nereey natifiea of their hent to request the Ceaanment cr =rvironnenta; Protec:cn to issue a Sucerseaina Orcer, crovwir,u illy lCaues: is mace cy ceml;e�z maii ar nano cs„ver: is ..._ with the accrccriate iiiinc tee ano Fee Transminai Farm as crcv,oea in 310 VAR 10.0317), within ten gays :ram the tate ct issuance ci :ns Determination. A ccey c: t,is reauest snail at the same time oe sent Uy centffea mail or nano oetivery to the Conservation Camrniss;cn anc the anclica.;t. I= you wish to appeal this decision under the Town Bylaw, a Comula1r1C must be died in Superior Court. Detacn on cct:ee line ane sucmrt to the :port:-: Andover Conser•.'cCion__ _ _t,T^ +� prior to ccnmencement of worK. To North Andover Conservation CoTnrrmi gsi nn Ssu^•C.=uincnty Please ce ac:isec :nal the Orcer at Conoiticns to the crciect at 4,4L00 [din ar 4 f -T -mor ie Numcer 2�- 2— 554 nas Been rete, cec at the of T)Po'i q, Nnrt�, T's CO 'nc :,as teen natec :n me cnain et tine of me arfec:ec crcaerry in accorcance witn General Ccnc:t.en Z on 9 f reccrcec fanc.:ne insmument numcer wniW. icenaties ,^:s �azsac-x is f rec:sterea •anc.:me eccument numoer wnicn icennfies this rransacuon Is KAREN H.P. NELSON Town of A'°r NORTII ANDOVER 13UILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: November 14, 1994 From: Douglas C. Schmidt Address: 526 Winter Street Complaint Against: ELECTRICAL: PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: Property at 400 Winter Street. detailed below. ( % f( Signed: l 120 blain Street, 01845 (508) 682-6483 Complaint is Property at 400 Winter Street is used as a terminal location for large trucks and heavy equipment associated with a landscaping business. The property is also used for storage of bulk materials used in conjunction with the business; as a disposal site for debris that originates from landscaping jobs; and as a location for storage of inoperable vehicles and equipment. Regular early morning start-up of trucks and heavy equipment during the summer (before 6:30 AM), including sounding of air horns, as well as occasional prolonged operation of heavy equipment at 400 Winter Street are an annoyance to neighboring residences. Heavy traffic of large trucks on Winter Street with and without heavy equipment in tow represents a hazard to other vehicles, pedestrians, and the large population of children that live along the street. Current property use at 400 Winter Street essentially constitutes operation of a contractor's yard and of a dump site. Such uses are entirely inconsistent with those allowed under the R-1 zoning classification which has been assigned to Winter Street and severely detract from the residential character of the neighborhood. TURN RECEIPT ° rhe addressee, H.P. NELSON C` rms `e'BUILDING CONSERVATION HEALTH PLANNING Town of •'` NORTH ANDOVER DIMON OF PLAINNING & COMMUNITY DEVELOPMENT January 13, 1995 Mr. Tyler Munroe 100 Foster street North Andover, MA Dear Mr. Munroe: 120 Main Street, 01845 (508) 682-6483 This office is in receipt of a formal complaint that you are operating a landscape/construction buisness at property located at rear of 400 Winter Street which is in the R-1 District. Investigation of your property reveals a true complaint. An on-site visit conducted on January 10 & 11, 1995 revealed unregistered, damaged vehicles, dump bodies and miscellaneous junk. Parked on site were numerous registered vehicles and a bulldozer. A large quantity of split firewood was also stockpiled on the property. The conducting of this type of business in the Residence -1 District is in violation of the North Andover Zoning By -Law. Specific violations are against Section 4.121. You are hereby notified to cease the operation of a landscape/construction business and remove all miscellanous junk in the R-1 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three hundred dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for aggrieving this decision to the Zoning Board of Appeals, if you so desire. January 13, 1995 -2- Your cooperation in bringing this matter to a final conclusion is appreciated. Yours truly, D. Robert Nicetta, Inspector of Buildings & Zoning Enforcement Officer James P. Gordon, Town Mgr. 1!18+9' DEAR BOB, I NEER SEEM TO BE ABLE TO TALK TO YOU ALONE SO I FIGURED I WOULD � T.ITE YOtI A LETTER. I W ANTED TO TELL YOU tA'FiaT , l LNTENTIONS RE PERTAINING TO THE CEASE WORK ORDER FOR 40o WR;TER STREET. FIRS T OF ALL I 1, -NOW THAT THIS ORDER IS NOT S0METIM1 G PERSONAL BETIVEEN YOU AND I AND I ALSO KNOW 1T IS THE \.V()RST PART OF YOUR JOB. YOU HAVE BEEN VERY FAIR TO ME R; TIS PAST AIv'D I APPRECLATE IT ALLOT. THIS IS THE MAIN REASON FOR MY LETTER SO Y()U ALSO DCS NOT TAKE _A2 Y`II-IING I DO TO PROTECT MY RIGHTS AJD OUT THE PROJECT. -VS, A PERSON.,�L THING TOWMU) YOU OR AN EFFi )RT TCS ()t'ERRIDE YOUR AI?THORITY OR PROCEDURES YOU HANE TAKE TO TE T(-- ADDRESS A COMPLAINT. MY EFFORTS ARE SOLELY TOWARD THE LIKES OF MR. S CT]AlIDT. AFTER BEING IN TOWN MY WHOLE LIEF. I DO NOT LNTEND TO SIMPLY ROLL OVER AND DIE BECAUSE OF SOMEBODY NVH0 DOE,.) NOT ��'ANT SIE TO USE MY L.4Iv'D THE WAY I INTENDED. I WILL APPEAL THE GIRDER TO THE BOARD OF APPLU.S ON THE BASIS OF MY LA2s,D BEING A FAPLM OPERATION. I IiA E SPENT ALLOT OF MONEY ANT) TIME ON THIS PROJECT \' TFH THE TRUE IN=N -171 ON, ") OF BEINTG lWLAT I HAVE ALWAYS BEENT, A FARMER. HOPEFULLY THE BOARD WILL MAIZE A DECISION t�,THC'H WILL MAKE IT EASIER F()R Y(') [.T AND I IN THE CASE OF FUTURE COMPL (NITS. AGAIN BOB I FEEL YOtT HAVE ALWAYS BEEN ON MY SIDEANTI) I TKI NK YOU FOR THAT. SND I WOULD APPRECIATE ANY ASSISTANCE YOU COULD GATE ME ON THIS PROBLEM. SINCERELY TYLER MUNROE .. ... ... ... ..•..._... _ .... ...... �.. .. �...�......... �.. ... ...... i.a.......1._..a_A......A...+.....r�.W..\'i....v.�J.'u.r�:.,.ll.,..�...Wi1r�:iYA]J:...i.ti.,..f.l�.�. •:1.1w Ate'.:\-..a.lJty. A...�. \ KAREN H.P. NELSON Town of Director • .. NORTII ANDOVER BUILDING �.�: •• CONSERVATION `""' UIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: From: Address: 120 Main Street, 01845 (508) 682-6483 C omp l a int Against :p�'��•v413a�.v0 fy41a ELECTRICAL: w`II71 'e—"-1 0��w /Al. PLUMBING: GAS: s BLDG. CONTRACTOR: PROPERTY O1111ER: 'V -e vD!•rJIV1270-Spm CO,ZI111A11t1;— es 12S7 OTHER: G Siam �/-�fG�•��/ f�% � /,>G"%�%/l/.D /yGY GI %iU/�� .�J��'�LS/�G.�SS �l�S',%.��`.��%/�!i% ��E ���e y ✓/f� Ctirr���f 6/vcS <r! , `%1�j �I t�eta`�Wy f�� ��� ��• ,��i/J��vTJ�-C� �-/ , ,T'�iii� ����v C��/sriGvc' GL�� d�,P�//J�/T/.s�C �/��0� ^�fi-S /} Q/1wl S iT�' O•e J /�.¢I�7.�GS" O,� �C.ff�G��;r%� � ����`���,e ��Il/•OJG�B-" a.tJ IX6IWA�V KAREN H.P. NELSON �+ • Town of D"e"°'" NORTH ANDOVER BUILDING `'•;;�; e:�� 'CONSERVATION nrvtstox of PL.N'NING PLANNING & COMMUNITY DEVELOPMENT VIOLATION NOTICE Issued from: NORTH ANDOVER CONSERVATION COMMISSION Issue to: Mr. Tyler Munroe Date. January 20, 1995 D. E. P. No • 242-654 Location/Property: #400 �dinter Street 120 Main Street, 01845 (508) 682-6483 The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Tvne of Activity: See enclosed report attached hereto and made a part hereof. If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Required Action See enclosed report attached hereto and made a part hereof. Questions concerning this violation notice should be the North Andover Conservation Office, Town Hall, 120 or by calling (508) 682-6483 Extension 26. Awtl �j Signature: ' Michael D. Howard directed to Main Street DATE: 1/16/95 TO: DIRECTOR N.A. CONSERVATION COMMISSION FROM: TYLER MUNROE RE: AGRICULTURAL WETLANDS PROJECT AT 400 NVI,tiTER STREET. DEAR SIR, ' kkTIEN I E SPOKE LAST IVEEK I TOLD YOU I WOULD WRI'IT, Y01 A LETTER STATING TIIE PROGRESS MADE ON MY PROJECT SO FAP. AND WHAT MY NEXT IN' EN IONS WERE. AS I TOLD YOU ALL OF THE WETLANDS EROSION CONTROL WERE INSTALLED IN THE FALL OF 19931 AND INSPECTED BY RICHARD DOUCETTE AT THAT TE%IE. I REAL= THAT TIME HAS BEAT THEM UP AND I AM PREPARED TO MEET WTITI YOU EARLY SPRING AN DO WHATEVER IT T.AKES TO BRING THEM BACK TO CODE. AS FOR OTHER PROGRESS WE HA�,'E ADDED THE FILL TO CROSS TI -IE WETLANDS AS THE PERMIT STATES. WE HAVE ALSO CUT ALL OF TIIE TREES AND REMOVED THF; STUMi PS ON THE ISLAND. THE AREA WINCH WAS ILLEGALLY FELLED HAS BEEN RESTORED AS YOU SAW ON YOUR SHE. VISIT. THE ONLY OTHER PROJECTS WE ARE GOING TO FINISH THIS WIlgER IS TO REMOVE THE REMAINDER OF THE TREES ON THE ISLAND AND FINISH TME WETLANDS CROSSING. TME REPLICA'T'ION WILL BE DONE THIS COMING SUMMER WHEN TI -IE WATER TABLE IS LOWER. I APOLOGIZE FOR THE PROJECT TAKING SO LONG THAT THE EROSION CONTROL HAS DETERIORATED SO MUCH, BUT THE ONLY TIME WE HAVE TO DO THIS IS IN THE WINTER MONTHS AND LAST YEAR DID NOT ;ALLOW US ANY TIME TO WORK ON THE PROJECT. IF YOU HAVE ANY OTHE, R QUESTIONS OR REQUEST PLEASE CALL ME AND I WELL ADDRESS TIIEM IMMF,DIATELY. I HAVE ALSO ENCLOSED MY RECORDING SLIP FROM THE REGISTRY OF DEEDS. SINCE LY ""'ZEI M'JNRO � f LAN E f i 5 NORTH ANDOVER CONSERVATION COMMISSION January 20, 1995 Mr. Tyler Munroe 100 Foster Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 RE: Wetland Violations at #400 Winter Street (DEP # 242-654) Dear Mr. Munroe: Thank you for your prompt response in addressing my concerns with the above referenced site location. It was noted and app Upon inspection of the property on January 4, 1995 and after subsequent discussions with Mr. Bob Nicetta of the Building Department and yourself, it was determined that work on your property is not being conducted under the conditions set forth under your Order of Conditions dated July 19, 1993. your Order of Conditions expires ethan anExtensionPermits required. nJuly l�proposed work is not complete at that time Violations noted at the site were as follows: 1. Illegal discharge of excavation materials within the limits of a wetland resource area; 2. Illegal filling of a wetland resource area; 3. Unsatisfactory sedimentation and erosion controls; 4. DEP sign not posted or not visible; 5. Minimum stockpile of 25 haybales with sufficient staking not evident; 6. Work undertaken prior to recording the Final Order with the Registry of Deeds; 7. Construction sequence/schedule not provided to the Conservation Department; 8. Stockpile of materials within 10 feet of the wetland resource areas; Per our discussion on January 4, 1995 it was agreed that all sedimentation/ erosion controls would be re-established in the late winter/early spring when the frost layer had lessened.a lair of all controls specifically refers to re -trenching CMowry+y KAREN H.P. NELSON 9 Town of ' Director NORTH ANDOVER BUILDING s+cMusE DIVISION OF CONSERVATION HEALTH & COMMUNITY DEVELOPMENT PLANNINGPLANNING January 20, 1995 Mr. Tyler Munroe 100 Foster Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 RE: Wetland Violations at #400 Winter Street (DEP # 242-654) Dear Mr. Munroe: Thank you for your prompt response in addressing my concerns with the above referenced site location. It was noted and app Upon inspection of the property on January 4, 1995 and after subsequent discussions with Mr. Bob Nicetta of the Building Department and yourself, it was determined that work on your property is not being conducted under the conditions set forth under your Order of Conditions dated July 19, 1993. your Order of Conditions expires ethan anExtensionPermits required. nJuly l�proposed work is not complete at that time Violations noted at the site were as follows: 1. Illegal discharge of excavation materials within the limits of a wetland resource area; 2. Illegal filling of a wetland resource area; 3. Unsatisfactory sedimentation and erosion controls; 4. DEP sign not posted or not visible; 5. Minimum stockpile of 25 haybales with sufficient staking not evident; 6. Work undertaken prior to recording the Final Order with the Registry of Deeds; 7. Construction sequence/schedule not provided to the Conservation Department; 8. Stockpile of materials within 10 feet of the wetland resource areas; Per our discussion on January 4, 1995 it was agreed that all sedimentation/ erosion controls would be re-established in the late winter/early spring when the frost layer had lessened.a lair of all controls specifically refers to re -trenching where applicable. of all haYbales review by re -staking subject to site fencing and of this task is subj artment• Satisfactory completion f or another member Of the Conservation Dep myself you that no additional stated to y area, nor In addition, it was also clearly wetland resource oils would encroach into f eteofathe esource materials/sP within 10 would soils be stockpiled area(s)• resolve the above of Conditions and If you have review your Order as soon as possible. lease do Please where feasible, Conditions p mentioned issues, our Order of any questions Or contactnthistoffice. not hesitate inquiry was noted and response to my initial inq would be your prompt resp resolving these matters Again, cooperation in ost-winter work your additional coop and accordinglY- t appreciated, Prior to is officeand respond mos pP you will need to contact this Thanking you in advance. Sincerely,. Michael D. Howard Natural Resource/Land Use Planner 370 C.MFi 10-99 Form 5 .+ y :* T.;< 242-b54 `n (�aa j it i 1 (L a i t JJ (To o. avrars c+► OEM Qrf tc North Andover Czmmonweaith Tyler Munrn_- Of Massacriusetts sooucant � '400 Winter Street Order of Conditions Massachusetts Wetlands Protection Ac: C.L. C. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter '-78 NORTH ANDOVER CO\g�ATTn?, COl T =.c- ern T Tc Tv1er Mur (Na (Name of AQ-.:icantl .,,e of procerty owner 100 Foster Street ACcress Nort rin"'_ This Orcer is issues arc ceiiverec as fottows: C ty nano ,eiivery to at:=iic a,t cr recres_ntai,ve ^n_ re*umreo��^• rec::estaa c:!_ This ::tcle-=•,+ -resat ��400 id;„t,- ..s,a:-=e- - - The cmcerty is recctcec at the=%e_sry c: Deeds Nor*", c^^ flute � nr..c•erc�l The Nate ^e of tnte-''.c; tris ctc4ec: was ;i;ec . +• The cubic ^;eari'i9 was c:csea c JL i 19°� !Caret Fincin.cs ,;_.._o t has revsewec the shove-retern^c'- �. -_ he NACC _ c :ne .. .�.-• -; neo cn trte sntorrraucr, avar+�.:e t ^. Intent arc cars arc^.as neic a _..c:ic :,eanmc cn tr ,o c .h has ceterrnme at NACC at *,nis time. the yA(C is acne 5 stcnntc=:,t to tre totfow:n; interests to wan the area c11wn:cn the otccosec wens tc ee 'Cr a=c•- Area S dole=::0 °i ]Ie_::�n t;rcer tre `C: , ^, I:t7 ' �iC:,iiiccn:� Set , the=•resurr.� "s c, -- to +,,e re^_' a: cns - ' Act tC _.x a✓ �.,rccnaiet: Ch. 178 C p-ev.ention of erosion and seditnent at_on Lana ccn•aninc s;,eiltis,, =, water sucY _ Flood cornroi Storm eamace „rove�.^�n 1 Fseri sus^:y o:Pnvatewater C Praecznn ofwnar: Crcuno water suc.rY r prevention of ;oituucn C, .17C Retreat; cn Ch. 178 Wildlife Sate share ' FiinC cuo rtes _ ^ ^ :� ' tr, , (i� fee to exams .. _ C,vl Town phare $137 5o State 7-cn = Tcts; co.una Cue V i own r mton a ('/z tc:ail (Y� rotatl #242-654 #400 Winter Street 2 Therefore, the North Andover Conservation Commission (hereafter the "NACC") 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 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. GENERAL CONDITIONS 1. lure cc comply with a- condit_ons stat r.t all related statutes and other regulatory measures, seall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exc;us_ve privileges; it does not authorize anv injury tc pr;vate property Or invasion of private rlghCs. 3. TI -:is Order does not rel1eve the permittee or anv other perscn of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws Or regulations. 4. The work authorized hereunder shall be ccmnIeted wit_:___ t _� years from the date of this Order. 5. This Order may be extended by the issuing_ authority fcr cne or more periods Of up t0 One -year eac upon application t0 the issui:'g authority at leasC 30 days pr_or t0 "he exp_ratiOn Cate of the Order. - _ 6. ' -_ere the Deoarzmenc of D:vironmental Prczeczicn is reC"cSt�d to make a determl.na77on and to Issue a Supersedina Order, the Conservation Commission sha11 be a party t0 all age?iC'.� proceedings and hearings be=ore the Department. 7. 71-e proposed work includes an Agricultural Nursery Project �-:e prov,sicna of _0.53 (3) (a) his =opcse= '.acr on land t0 be used primarily and direct!v in the Yawing 0.. . trees, nursery Or greenhouse oroducts, and ornamental plants and shrubs...". Pursuant to this Agricultural Limited Project, the drive,.aav will access the barn which will house the equipment to plant, care for and harvest the nursery products. This driveway will the require filling of 6069 sq. ft. and the replacement of 6650 sg. ft. of BVW 8. The work shall conform to the following_ (except as noted in the remainder of' this document where --evisions may be required) : (a) Notice of Intent file: by Tyler Munroe. (b) Plans prepared by Scott L. Giles R.L.S. 3 #242-654 #400 Winter Street 9. The following wetland resource area is affected by the proposed work: bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 0. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated -2-93. Prior to the issuance of a Certificate of Compliance, it a plan showing the site's wetland -he applicant will subm de'-neaticn at a scale ident-ical to the Town Wetland map for tniS location. Issuance of these Conditions does not in any way imply or cert. that the site or downstream areas will not be subject to floodir:a or storm damaae. 2. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and a-,! successors and assigns in interest or control. PRIOR TO CONSTRUCTION i3. No work shall be undertaken until all administrative appear periods from this Order have elapsed or, if such an apnea'- ha - filed, .._led, until all proceedings before the Department or cu_„ _ have been completed. r r shall recorded by the applicant at the i This 01rde_ sha__ be _ -- , Recistr��~of Duds immediate , y after the expiration. a=- -- peri ods . No work shall be undertaken unit-- the r ing= Order ',-am been recorded in the Registry Of Deeds or the Land Court fo`-y 'ct in which the land is located, within the -,a'--1 of ` d_.-s�_tr- - - �h recorded land, t1ne of the aL=ected property. I:. e case O� _^ Final Order shall also be noted in the Reaistry's VrantOr under the name of the owner of the land upon whit^ the proposed work is to be done. In the case of registereQ lard, the ring- 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 Nortn Andover Conservation Commission on the form at the ena of this Order prior to commencement of the work. S A sign shall be diso_ layea at the site not less two sauare feet or more than three square feet in size bearing ^e �rGteCtion_, woras, "Massachusetts Departmei7t Of Envi ronme._n ta - Pile Number 242-0''z4" - #242-654 #400 Winter Street g 16. 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 S4 gnificant, 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 charges occur a revise: plan and an explanation of the rev -cions shall be submitted to the Nr -CC 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. 17. The applicant shall contact the Conservation Office prior to site reparation or construction and shall arrange an on - sit_ conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shay_ be made a part of the contractor's written contract. The applicant or contractor shat_ i ting of the identity of the on-site nc-ify the NACC in wr` c=Ztruct-on Su-cErvlsor hi—d to cccrdina-e--nstruCt-0n ail^ ensure compliance with this Order. i8. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 11 gWetland flacging shall be checked prior to start of cons-r1_cticn and shall be re-established where m-ss_ng so _cn control measures can be properly placed and Ne-1a�.d er3S" impacts can be monitored. 20. A row of staked hay bales backed by a s=M anion. -ence be paced between a;_ construction areas and wet=ands. The erosion control barrier will be prcper_y _nta_led a place^ a10ng all excavated and -filled areas and shall beinspected aid approved by the NACC prior to the start cf construction and s'.a__ remain intact -until all disturbed areas have beenpermanent -- Stabilized to prevent erosion. All erosion prevent -on and secimentation-protection measures found necessary during cc-_struction shall be implemented a- the direct -ion of the NACC. 21. The applicant shall have on hand at the start of any Sc-_ diczrurbance, removal or stockpiling, a min -mum of :wenty-1_ve (25) hay bales and sufficient stakes for s-ak-ng these bales (or an eauivalent amount of silt fence). Said bales shall be used only for the control of emergencv erosion: problems, and s::all no be used for the normal control of erosion. #242-654 #400 Winter Street • .22. A proper bond or a deposit of money running to the Town of • North Andover shall be provided in the amount of $ OO M plus $5,000.00 for the barn 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 before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. DURING CONSTRUCTION 23. upon beginning work, the applicant shall submit written progress reports every three (3) months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 24. 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 of any of the foregoing. 25. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 25. No regrading in the buffer zone shall have a slope sue -her than 2:1 (horizontal:vert-cal). Slopes of steeper grade shall be rip -rapped to provide permanent stabi'lizat'ion. 27. There shall be no stockpiling_ of soil or other materials within: ten (10) feet of any resource area. 28. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Sc_! used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. #242-654 #400 Winter Street ;' 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 30. 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. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32. Members of the NACC or its agent shall have the right to enter upon and ir_sc_ect'the premises to evaluate and/or effect comnliance with this Order of Conditions. The NACC reserves the richt to require, following field inspection, additional information or resource protection measures. 33. 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 anv pollutant during anv phase of construction the NACC sial be ied by the appl i cant -ty i n one (1) business day. Nn construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubricat_en, or maintenance is to be done within !00 feet of a resource area. AFTER CONSTRUCTION 34. No underground stcrace cf fuel oils shall ie allowed on any loL wit`''__:"! one -hundred (100) feet of any wetland resource area. This Condition shall survive this Order of Conditions, and s.all run with tele title of the propert-_, . This condition is :.ss -.,:ea under the authority of the Town's Wer -land protection SvLaw. 35. Fertilizers utilized for landscaping and lawn car= s Hall be organic and low -nitrogen content, and Sha11 be used in moderation. Pesticides and herbicides shall not be used Wit_.in 100 feet of a wetland resource area. This condition is issued under the authority of the Town's wetland Protection SvILaw. 36. 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. #242-654 #400 Winter Street - 37. Upon completion of the project, the applicant -shall submit a letter to the NACC from a Registered Professional Civil Engineer or Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 33. Discharge_or spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides. Issued By North Andover Conservation Commission Signaturefs This Craer must be signed by a majority of the Conservation Commiss Cn this % day of e ���� 1 ��-� before me r-- personally aomeared C�EU2G� rGEld! i to me -Known to be the person desc:ibec in ano wno executed the foreccing instrument ana acicnowiecgec that he: she executes the same as hisj he.► tree act and deed. Notary Puclic My commission expi s The azcucant.:ne owner. asv: erscn ac_neveo Cy tats Orcer. any owner of fano aounino the Land uocn wrnch the crco^_seo wcrx is fc ce acne. or any ten res cents of the city or town to wntcn such Lane is iocatea. are nereoy nenliea of their ncnt to request :re Cecartment c: —zrvironmentaa Protec::cn:a issue a Sucerseomo Orcer, ^roviairw ine iecuesi is mace by cert;,:&:'nail or hanc ca;iver: t:..._ witn the acorocriate iiiinc tee ano Fee Transmtnai Form as erowoea to 310 CIIAR io.03(7). within ten cans ircm the rate a :ssuance of :,:s Determination. A cc: y ct :ne reauest snail at the same time oe sent by cerittiec mail or nano eeuvery to the Ccnservatic, Ccmmissco, anc the accucant. i •you wish to anneal this decision under the Town Byiaw, a complaint must be �iied _n Superior Court. ]stat : on cones line aria suomtt to the :port:: Andover Conse r•ration ('o-- prior to commencement ct worK To :forth Andover Conservation Cnmmissinn =utrcn:v Please ee aevrsec:ra, the Orcer of Conatucns fcr the crciect at #4L00 fJi ntp - 4t—moo* "'ie rvumcer 554 � ^as oven reccrcea at the n_,.ss� of nPoh a .. Vnrt', Fg,.so•r nas teen notec:n:ne chain of tine of the arfectec crc_err� in accorcance wun General Ccno::ion c on . o If reccrcea ianc.:ne :ns-,tment numcer wntcn teenaties ,.^:s ==c=on ,s f rec:sterea iane.:ne cccument numcer wrnch icennfies ttLs mwsacLon ✓w -* E NORTH 9 p t��ao ,e� tip O L O F 9 49 ti y�SSAC•NUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS y Date: 9s File Number: Dear Applicant: Please submit the following fee for the postage.of your public notice and decisions. Q Kindly submit $ , Qv �����f���S I� 2- 3Z X. 3Z - /D• ZT 6 76&y)s X z = /z X. 3? = Jay Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, MA 01845. Sincerely, Board of Appeals Julie A. Parrino • a.,;..; , -\ is ; f 0 V) T Z C o Z :co C D0 m 0} Zn r LW„m� D aA Z v• >m N o m Ci a '0 Ln Z amKOE. Marchionda & Associates, L.P. Engineering and Planning Consultants March 17, 1995 North Andover Planning Board 120 Main Street North Andover, MA 01845 JOYCEk 1�,iAW TO�r'N C! E;K NORTH aNCGYER Re: Preliminary Subdivision Plan Submission Brookside Estates Dear Board Members: MAR 2 1 1995 8/ D G- On behalf of my client, Tyler Monroe, I would like to withdraw from consideration the application for preliminary subdivision plan approval for the above referenced subdivision. I apologize for any inconvenience this action may cause. Should you require additional information, please do not hesitate to call. Sincerely, Marchionda & Associat P. Mic a . Rosati MAR 24 62 11ontvale Avenue Suite I Stoneham. IIA 02180 (61 i) 138-6121 Fax (61 i) 438-9634 ************************* Tyler Munroe * DECISION 400 Winter Street * Petition#013-95 North Andover, MA 01845 ************************* The Board of Appeals held a regular meeting on Tuesday evening March 14, 1995 and continued the hearing until April 11, 1995. A quoram of eligible voters was not available at the April hearing therefore the meeting was continued, with the approval of the applicant, until May 16, 1995 upon the review of Tyler Munroe as a party aggrieved as a result of a decision made by the Building Inspector. The Building Inspector, Mr. Robert Nicetta, issued a letter dated January 13, 1995 to Tyler Munroe which explained that a formal complaint was filed with the Building Department that a landscape/construction business was being conducted on the premises located at 400 Winter Street, Zoning District R-1. Following a site inspection conducted on January 10 & 11, 1995, Mr. Nicetta notifed Mr. Munroe to cease the operation of a landscape/construction business and remove all miscellanous junk in the R-1 District within thirty days after receipt of the notice. A&w the May 16, 1995 public hearing and discussion on the petition of Tyler Munroe, several measure were undertaken to adress the complaint. The Board found as follows: 1.) The "construction debris and junk" originally observed by the Building Inspector had been removed by the petitioner. 2.) Under the zoning ordinace, the petitioner is entitled to operate a nursery on the premises. 3.) The petitioner may not use the premises as a "Contractor's Yard". The petitioner proposed to adhere to the following conditions with respects to his nursery business: A.) Petitioner will completely comply with the hours of operation as specified in the town (i bylaws. VAE B.) All large trucks 26,000 gross vehicle weight and more will enter and exit from the Foster Street end of Winter Street. r C.) Petitioner will use his best efforts to limit the noise on Saturdays. No work will occur on Sundays. D.) Petitioner will comply with the zoning bylaws with respect to a nursery operator. E.) Any truck or equipment storage for the nursery will not be visible from Winter Street. The following Board members were present and voting: Walter Soule, William Sullivan, Joseph Faris and Scott Karpinski. The hearing was advertised in the North Andover Citizen on February 24, 1995 and March 3, 1995 and all abutters were notified by regular mail. Upon a motion by Walter Soule and seconded by Scott Karpinski, the Board voted unanimously to uphold the decision made by the Building Inspector and enforce the proposed conditions stated above by the applicant. Dated the 30th day of May, 1995. Board of Appeals, William Sullivan, Chairman Walter Soule Joseph Faris Scott Karpinski I winter Str. Boa LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Ap- peals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North An- dover on,TUESDAY the 10th day of JANU- ARY 1995, at 7:30 o'clock, to all parties in- terested in the appeal of TENNEY REALTY TRUST, PAUL DISALVO, TRUSTEE re- questing a SPECIAL PERMIT under Sec. 9.2, Paragraph 1 of the Zoning By Law so as to pennit ALTERATION OF A NOW CONFORMING BUILDING. RAZE EXIST- ING 2 -CAR, GARAGE AND ADD ON NEW GARAGE. on the premises, located at 400 WINTER STREET, ZONING DISTRICT R-2. By order of the Board of Appeals William J. Sullivan, Chairman North Andover Citizen 12121, 28 2t NORTH a O - 9 � w s � fry --jam • • o ' a �9SSACWUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on TUESDAY the 10th day of JANUARY 19 95 , at 7:30- o'clock, to all parties interested in the appeal of TENNEY REALTY TRUST, PAUL DiSALVO TRUSTEE requesting a SPECIAL PERMIT under 1.Y4UWi8=vd�9XSec. 9.2, Paragraph 1 of the Zoning By Law so as to permit ALTERATION OF A NON -CONFORMING BUILDING RAZE EXISTING 2 -CAR GARAGE AND ADD PORCH AND NEW GARAGE. on the premises, located at 400 WINTER STREET, ZONING DISTRICT R-2 By Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on December 21 & 28, 1994 Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. AMwr" 1853 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION REGC�`�'==• ALS ;. A1�1 J4YGE B�� To 4, GOER NORTH ANDaYER I �k , i JS L L FEB a February 23, 1995 Date............................ Petition No.. QQ5-95.............. January 10,1995 Date of Hearing. February. 14.,. L995 Petition of .. Paul DiSalvo, Trustee, Tenney Realty.Trust .......................... Premises affected 400 Winter. Street .......................................................... Referring to the above petition for a variation from the requirements vttha .. undex ......... Section 9.2, Paragraph 1 of the Zoning.BylaW.so.as.to,.permit..................... alteration of a non -conforming building to.raze..an.existing..... two -car garage and add aporch. and. n.e.w. garage .premises, located. At ....... e 400 Wintef Street. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the Special Permit and hereby authorize the Building Inspector to issue a permit to Paul DiSalvo, Trustee, Tenne.y.Realty Trust ............................... The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed ................ ...... Walter Soule, Acting Chairman� Raymond.Vivenzio. .................... John Pallone .Scott. Karpinski ........................ Joseph Faris ................................. Board of Appeals Any apneal shy be n f Iicd V,t;1 in ` /n �, �I ...,J S_•^�.^-�' LIC. , ill the Office of. the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS *************************** * Paul DiSalvo, Trustee * Decision Tenney Realty Trust * Petition # 005-95 400 Winter Street * *************************** The Board of Appeals held a regular meeting on Tuesday evening January 10, 1995 continued to February 14, 1995 upon the application of Paul DiSalvo requesting a Special Permit under Section 9.2, Paragraph 1 of the Zoning Bylaw to so as to permit alteration of a non -conforming building to raze an existing 2 - car garage and add a porch and new garage on the premises located at 400 Winter Street. The following members were voting and present: Scott Karpinski, Ray Vivenzio, John Pallone, Joe Faris and Walter Soule. The hearing was advertised in the North Andover Citizen on December 12 and 28, 1995 and all abutters were notified by regular mail. Upon a motion by Scott Karpinski and seconded by Ray Vivenzio, the Board voted unanimously to GRANT the Special Permit to permit alteration of a non -conforming building. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension of alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this 23rd day of February, 1995 BOARD OF APPEALS Vv- 16 � �' a I �� . Walter Sou e, Acting Chairman/ ,/I' •"'i':A���1"i.: .��ti'.e _ '4: W`. Y ^'P �xl�.a-+.4��T ."�"�RY•h'1 a:e'a�.fST•]�S iTT �"'+t. • � v Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. �` N AMKM 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECCi�t! JOYCE BRADSc, W TOWN CLER NORTH ANDOVER FEB Z3 � 112'95 February 23, 1995 Date............................ Petition No...QQ5-95.............. January 10, 1995 Date of Hearing..February . 14,..1.995 Petition of .. Paul DiSalvo, Trustee, Tenney. Realty Trust .......................... Premises affected 400 Winter..Street .............................................................. Referring to the above petition for a variation from the requirements vtthe .. undex ......... Section 9.2, Paragraph 1 of the Zoning.Bylaw,so.as.to,.permit..................... .............. V0Mft alteration of a non -conforming building to.raze an. existing..... two -car garage and add aporch and new garage on the premises. located. At....... 400 Winter Street. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the Special Permit ..... and hereby authorize the Building Inspector to issue a permit to Paul DiSalvo, Trustee, Tenne.y,Realty „Trust ............................... A. 0W (#f X The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed Walter Soule, Acting Chairman� .RaymondVivonzio.. ..................... John Pallone .Scott. Karpinski ........................ Joseph Faris ................................. Board of Appeals v 16 Any apoPal sha!I be filed r1 e A• l�° ice in the Office of, the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS N�yER NorfiH AI~� - aij ° 5 c8 L *************************** * Paul DiSalvo, Trustee * Decision Tenney Realty Trust * Petition # 005-95 400 Winter Street * *************************** The Board of Appeals held a regular meeting on Tuesday evening January 10, 1995 continued to February 14, 1995 upon the application of Paul DiSalvo requesting a Special Permit under Section 9.2, Paragraph 1 of the Zoning Bylaw to so as to permit alteration of a non -conforming building to raze an existing 2 - car garage and add a porch and new garage on the premises located at 400 Winter Street. The following members were voting and present: Scott Karpinski, Ray Vivenzio, John Pallone, Joe Faris and Walter Soule. The hearing was advertised in the North Andover Citizen on December 12 and 28, 1995 and all abutters were notified by regular mail. Upon a motion by Scott Karpinski and seconded by Ray Vivenzio, the Board voted unanimously to GRANT the Special Permit to permit alteration of a non -conforming building. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension of alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this 23rd day of February, 1995 BOARD OF APPEALS ltl"h� 31�1a& Walter Sou e, Acting Chairman ,//�' PRINT CLEARLY AND USE BLACK INK. Received by Town Clerk: RU, .: JOYCE TOWN GLERK µORiH ANDOYtR �C 53 L TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Termey RealtY Trust Address c/8 Ralph R. Joyce Paul DiSaivo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4555 Fe-- 1 tkDh and Table ef ts. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. ggrie1-,f a �r{ 'Pvir'e w o f -^aY -d a i gILfin a C As a Party Aggrieved-, f EetpF ey 2. a) Premises affected are land no and building(s) yes numbered 400 Winter Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (M West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. C) Premises affected are in Zoning District R-2 and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Tenney Realty Trust Date of Purchase 1989 Previous Owner unknown \ _L__IL- i-' - -1 TG 1 t _ Check I. in ., s: ere5peetiye-Pdrehaser -Lessee t. be for Variartee�Gpeelal it -r,ired 4. Size of proposed building: 22 front; 26 feet deep; Height I� stories; 18 feet. a) Approximate date of erection: new b) Occupancy or use of each floor: single fanily residential c) Type of construction: wood frame 5. Has there premises? been a previous appeal, under zoning, on these no If so, when? 6. Description of relief soi alteration of non conforming bui on this petition 7. Deed recorded in the Registry of Deeds in Book Page _ The principal points upon which I base my application are as follows: (must be stated in detail) Raze existing 2 car garage and add porch and new, garage I agree topay the fili7 fee, advertising in newspaper, a: inci e expenses* ignature� f etitioner(sk) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of .the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. . PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS 'LABELS ZBA. Premises to be affected: dM !mirrorg+-rpat Mn.+h AndC .o,- NA LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL 'LOT !NAME JADDRESS I A r% i i -r,-r- r- rn r% .MAP [PARCEL !LOT INAME I ADDRESS 11 Road q �, (G7i 11 i ari T t TanPt F ThrrlPn 1(ll Rni n Hi flan I 9 I I (North over 1 104A 100 I Steven R. & Mary E. Robinson 189 Bruin Fill Road North Andover, MA 01845 ern I _ Ten 104A:I ( North Andover, 104A ' 102 ' (Jeffrey C. Hall &Margaret 149 Bruin Fill Road IE Sndth (North Andover, MA 01845 104A i 32 I I Ronald L& Moira K Te �.. ^ I H i i ur, 1 iNorth Andover, MA 01845 I 104A I ; 81 !John F. & Cynthia Parent 538 Winter Street ( No Andover, MA 01845 104A i '82 I !Ronald F. & June D. Broderick�550 ter I j North Andover MA 01845 104Aj91 I 104A j 94 IAnthon C. & E. Didio .549 Winter Street y I North Andover, MA 01845 104A(No ;Lyle Ritter ;551 Winter Street over, MA 01845 104A 91 y ( I !Diane & Jeffrey G1y— I ITamP� 1575 Winter +* } (North Andover, MA 01.845 1Q4A i ( ' orthTr,r�cr% mr MI1 n n•`r --'I [,1 4.- � (11 RdS �► PRINT CLEARLY AND USE BLACK INK. F NOP 0 ANDri1ER Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/8 Ral h R. Jo�ce__ Paul Di5alvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4355 b) For a special Permit under Section9.2 Paragraph 1 of the Zoning Bylaws. 2. a) Premises affected are land numbered 400 Winter no and building (s) yes Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X4 West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. c) Premises affected are in Zoning District R-2 and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 19 89 Previous Owner unknown 1:. -if appi . Cant is not owner, cheek his/her illfteres+ -in the premi:s s: -respeetive—rimer Lessee ^th- r better _t- _ - - — - - c�.. .,.2 ...-.... /[+... al T.. Snit �Z-pt y�LiZ Suiav � t+� -required. 4. Size ofproposed building: 22 front; 26 feet deep; Height p2 stories; 18 feet. a) Approximate date of erection: new s b) Occupancy or use of each floor: single family residential c) Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief s alteration of non conforming bi on this petition 7. Deed recorded in the Registry of Deeds in Book Page The principal points upon which I base my application are as follows: (must be stated in detail) i?A72 existina 2 car cTarage and add porch and new garage I agree to pay the file fee, advertising in newspaper, and inciagD r�expenses* Signature, f Petitioner(s), Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. J ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP (PARCEL LOT NAME ADDRESS ABUTTERS :MAP !PARCEL ILOT INAME 104A 1 100 104A 1 102 104A 1 32 i 104A 1 81 104A 1 82 4 1 Al 104A 194 I X95 I 104A 91 ADDRESS Steven R. & Mary E. Robinson 89 Bruin Hill Road North Andover, MA 01845 North Andover MA Q1845 gin Jeffrey C. Hall & Margaret 49 Bruin Hill Road E. Smith North Andover, MA 01845 Ronald L &Moira x Ie�1J John F. & Cynthia Parent E. North Andover. MA 0 538 Winter Street North Andover, MA C North Andover, MA 01845 'North Andover, MA 01845 551 Winter Street NothAn over, MA 01845 North Andover, MA 01845 104A 35 I Charles M. & Ruth F. Lewis 19 Ir -10 Frederick G & Ethel L. Ell North Andover, MA 01 PRINT CLEARLY AND USE BLACK INK. U , c �y T 0'� C LEDOM No. Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/8 Ralph R. Joyce Paul DiSalvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4555 -�d�--r-v s S. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws,. fa As a- Party ti_ Btjjd�ng e- ether auth- . 2. a) Premises affected are land no and building(s)yes numbered 400 Winter Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X4 West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. C) Premises affected are in Zoning District R-2 and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 19 Previous Owner unknown the _r .s: Prespeetiveerehaser Lessee rt}her It required . 4. Size ofproposed building: 22 front; 26 feet deep; Height N stories; 18 feet. a) Approximate date of erection: new b) Occupancy or use of each floor: single family residential c) Type of construction: wood frame 5. Has there been a previous appeal, premises? no If so, when? 6. Description of relief s alteration of non conforming bt under zoning, on these t on this petition 7. Deed recorded in the Registry of Deeds in Book Page The principal points upon follows: (must be stated in Raze existing 2 car garaged which I base my application are as detail) add porch and new garage I agree to pay thZ fee, advertising in newspaper, and inci e�a�expenses e` f Petitioners) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. '+^ IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS PRINT CLEARLY OR TYPE USING BLACK INK. ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAS PARCEL SLOT NAME ADDRESS ABUTTERS ;MAP (PARCEL ILOT NAME 104A 100 I 104A 1101 1 104A 1102 I 104A 1 32 i 104A 181 104A 1 82 1 104A 194 i 104A 1 91 ADDRESS Steven R. & E. Robinson 189 Bruin Hill Road North Andover, MA 01845 North Andover MA Ol Jeffrey C. Hall & Margaret 49 Bruin Hill Road E. North Andover, MA 01845 1North Andover, MA 018, F. & Cynthia Parent 538 Winter Street North Andover, MA 018 d F. & June D. Broderick 550 Winter tr North Andover, MA 018 C. &MarVE. D La10 747 w.0 i�r..L all Lvc� North Andover, MA 01845 tter 551 Winter Street No An over, MA 01845 Jeffrey Gwynne 1575 Winter Street NNorth Andover, MA 01845 104A 35 i 1Charles M. & Ruth F. Lewis 199/ Dake SLreuL { lc/0 Frederick G & Ethel L. El ed North Andover, MA 01 PRINT CLEARLY AND USE BLACK INK. RE-_ . �' x ,JOYCE OF<.�Lt ;sA( TOO HOP0 ANDOVER is. Received by Town Clerk: L_� U L4 'j TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/8 Ralph R. Joyce Paul DiSalvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4555 parergraph and Table ef the zqn4nej By' S. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. _e) As a Party Aggrieved, for review ef a -d-e-e4sie" the- Buildng—inspeete-r- ew ether--��t- 2. a) Premises affected are land no and building(s) yes numbered 400 Winter -Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X4 West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. c) Premises affected are in Zoning District R-2 and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 1989 Previous Owner unknown 10) lf applieent is nob owner, ehet_k -in the premis s: r t. _ ___ f ___ h - r c1 - /O ^T^Yff-Zt -r_'J_i--d. 4. Size of proposed building: 22 front; 26 feet deep; Height I2 stories; 18 feet. a) Approximate date of erection: new A b) occupancy or use of each floor: single fanily residential c) Type of construction: wood frame 5. Has there been a previous appeal, premises? no If so, when? 6. Description of relief soi alteration of non conforming bui under zoning, on these t on this petition 7. Deed recorded in the Registry of Deeds in Book Page The principal points upon follows: (must be stated in Raze existing 2 car garage and which I base my application are as detail) add porch and new garage I agree to pay the file fee, advertising in newspaper, anct incident -a -1 --expenses* % / signature, f Petitioner(s),, Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS PRINT CLEARLY OR TYPE USING BLACK INK. ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCILOT NAME ADDRESS EL ABUTTERS MAP IPARCEL !LOT 104A 1 100 104A 1 i 104A 101 I 1102 ' 104A I I 32 I 104A 181 I 104A ! 82 104A 194 -104A 9b I 104A I 91 104A 128 104A ! 35 NAME ADDRESS Steven R & Mary E Robinson 189 Bruin Hill Road 01845 North Andover, j Jeffrey C. Hall & E. Smith iRonald L. & Moira I I (John F. & CynthiE I Ronald F. & June I I (Anthony C. & Mar, Margaret 49 Bruin Hill Road North Andover, MA 01845 North Andover, MA 01845 Parent 538 Winter Street North Andover, MA 01845 ). Broderick 550 Winter -Street North Andover, MA 0184-' North Andover, MA 01845 551 Winter Street No An over, MA 01845 North Andover, MA 01845 Charles M. & Ruth F. Lewis I yy/ uale 5rreeL c/0 Frederick G & Ethel L. Eldred North Andover, MA 018 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS w i 7r. Dear AroLicant: Date. 00 9c5 csed is a ccw of the legal notice for your application be_ure t In e Bcar:: of Appeals . KindIy subMit $ 1,2.1j0"_ for the following: Pcs :.ace Your ci:eck .;pusz be mace payatie to the Town of North Andover arn,i may be sent to my attention at the Town Office Building, 120 Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Donna Mae D'Agata w PRINT CLEARLY AND USE BLACK INK. REQ. i'" J JOYCE E -JO C ° AW TOWN OLCR� NORTH AhDOY�R Received by Town Clerk: nyC (6 12 53 F� Ig4 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/6 Ralph R. Joyce Pasl DiSalvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 I. Application is hereby made: (508) 685-4555 1 's . b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. Party L 7Aggrieved—, f err-e—views-eF a -ae i1 the Build�nej Aggrieved -, +her n,ltbnr;+-y. 2. a) Premises affected are land no and building(s)yes numbered 400 Winter Street. b) Premises affected are property with North ( ) South ( ) East ()DI West ( ) Win's Street. Street, and known as No. 400 Winter Street. frontage on the side of c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 1989 Previous Owner unknown b I. If applieftnt is 110t I check his/,her inte S. -Prespeetive--Purehaser lessee ^`har it . -=-egttired . . 4. Size of proposed building: 22 front; 26 feet deep; Height 1 stories; 18 feet. a) Approximate date of erection: new b) occupancy or use of each floor: single family residential c) Type of construction: wood frane 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition alteration of non confomnina building 7. Deed recorded in the Registry of Deeds in Book Page _ i1 The principal points upon which I base my application are as follows: (must be stated in detail) Rp7e existincr 2 car cTaraae and add porch and new garage I agree to pay the fill fee, advertising in newspaper, and inci e expenses* ignatuieC f etitioner(s�� Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. . ~IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. I .r w PRINT CLEARLY OR TYPE USING BLACK INK. i ZBA. Premises to be affected: Ann G?intar gt,-p+yLNre�- ! LEST OF PARTIES OF INTEREST SUBJECT PROPERTY ,MAP (PARCEL ILOT NAME f ADDRESS ABUTTERS DAAP !PARCEL ILOT 104A ! 100 1 n4A 1 103 NAME (ADDRESS Steven R. & Mary E. Robinson 189 Bruin Hill Road North Andover, MA 01845 jyip-Beni & Sing Jeffrey C. Hall & E . Smtth John F. & C. Her Jef Parent Charles M. & Ruth F. Lewis c/0 Frederick G & Ethel L. 49 Bruin Hill Road 104A j 102 I � I 104A I I 32 I 104A j 81 I i 01845 104A i ! 104A 19a ' 104A i 94 I 104A I 91 I • i i 104A 1 2P I I 104A ; 35 I I 1 n4A 1 103 NAME (ADDRESS Steven R. & Mary E. Robinson 189 Bruin Hill Road North Andover, MA 01845 jyip-Beni & Sing Jeffrey C. Hall & E . Smtth John F. & C. Her Jef Parent Charles M. & Ruth F. Lewis c/0 Frederick G & Ethel L. 49 Bruin Hill Road North Andover, MA 01845 41 Rnii n Hill Reed North Andover, MA 01845 538 Winter Street North Andover, MA 01845 550 Winter Street North Andover, MA 01845 North Andover, MA 01845 551 Winter Street No rth er, MA 01845 575 Winter Straat North Andover, MA 01845 North Andover, MA 018 KAREN H.P. NELSON' Town of Director NORTH ANDOVER BUILDING CONSERVATION ss4`""9DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear fir. DiSalvo: Upon review of the plans and your request for a Building Permit on subjectproperty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. Yours truly, D. Robert Nicetta, Inspector of Buildings /g .1]'w L.1-_.-......... PRINT CLEARLY AND USE BLACK INK. TORN CL �f�i. R NOT OD,iM Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/8 Ralph R. Joyce Paul DiSalvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4555 S. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. 2. a) Premises affected are land no and buildings) yes numbered 400 Winter Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X4 West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 1989 Previous Owner known -in the premis s: r it squired . 4. Size ofproposed building: 22 front; 26 feet deep; Height 1� stories; 18 feet. a) Approximate date of erection: new r' ` b) Occupancy or use of each floor: single family residential c) Type of construction: wood frame 5. Has there been a previous appeal, premises? no If so, when? 6. Description of relief sol alteration of non conforming bui under zoning, on these t on this petition 7. Deed recorded in the Registry of Deeds in Book Page The principal points upon which I base my application are as follows: (must be stated in detail) VA 7e existina 2 car ctarage and add porch and new qaraqe I agree to pay the fili fee, advertising in newspaper, anti incite-e-r—expenses* ignature`f Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE Z SETS LAISELS. ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL ILOT NAME ADDRESS ABUTTERS MAP IPARCEL ILOT 104A 1100 i 104A 1102 104A 132 North Andover, MA 01845 104A 181 538 Winter Street 104A + 82 550 Winter Street 104A I �� 104A 194 104A 1 91 i 1ndn 17A NAME (ADDRESS I I Steven R. & 1 I I T�1 a -H ni & Si nQ i I I Jeffrey C. Hall S 1 E. Smith F. & _d F. E. Robinson 189 Bruin Hill Road North Andover, MA 01845 Parent 49 Bruin Hill Road North Andover, MA 01845 41 Bn L i n Hi 11 Rnad North Andover, MA 01845 538 Winter Street North Andover, MA 01845 550 Winter Street North Andover, MA 01845 North Andover, MA 01845 551 Winter Street NothAn over, MA 01845 575 Winter Street North Andover, MA 01845 104A 35 i Charles M. & Ruth F. Lewis 997 Dale 5rsee-c I Ic/0 Frederick G & Ethel L. E1 ed North Andover, MA 018 PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. • ZBA. Premises to be affected: Ann Mnf-er of-rrmef Mn-r+h DndCa,=, NA LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP 1PARCEL ILOT INAME ADDRESS �¢ t /i) 41A 1 3 0 I _ I 'T,E�y,cJ5 y �� T/ ABUTTERS rano I0nOf- t=t It r)T INAMF ADDRESS .,- ; I .... -- - I 1 i inAAi INorth Andover,01845 hi —0- 100 I I Steven R. & mary E. Robinson 89 Bruin Hill Road North Andover, mA 01845 i 04A 101 T — i I North Andover 104A iNorth 102 I Jeffrey C. i . Sm1.th E Hall & aret 49 Bruin Hill Read Andover, mA 01845 32 iI ld Moira - 11 rnad104A (North Andover. mA 01845 I 104A ! 81 I (John F. & Cynthia Parent 1538 enter Street iNC)ZZ11 EUXJUVCl, PM'I vice s✓ 104A I'82 iRonald F & June D B70derick1550 Winter Street 1 North Andover, MA 01845 104A i 94 r 104A i 95 104A 91 I 104A -t-35 r 104A i 103 I C. j I Lyle Ri 1 I (Diane & *40 Frederick G & Ethel L. North Andover, mA 01845 551 Winter Street North ATxiover, MA 01845 575 Winter Stmt North Andover, MA 01845 997 Dale Street red North Andover, NA 018 January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear �Ir. DiSalvo: Upon review of the plans and your request for a Building Permit on subjectproper ty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By—Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. Yours truly, D. Robert Nicetta, Inspector of Buildings /g µOArh O°m KAREN H.P. NELSON Town of Director :�`� NORTH ANDOVER BUILDING t '° • .g ss�C" CONSERVATION Sit DIVISION OF HEALTH PLANNING & COMMUNITY DEVELOPMENT PLANNING January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear �Ir. DiSalvo: Upon review of the plans and your request for a Building Permit on subjectproper ty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By—Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. Yours truly, D. Robert Nicetta, Inspector of Buildings /g January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear Mr. DiSalvo: Upon -review of the plans and your request for a Building Permit on subjectproper ty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. Yours truly, D. Robert Nicetta, Inspector of Buildings /g KAREN H.P. NELSONr Town of D"`°' NORTH ANDOVER BUILDING ass ..:�y;.� CONSERVATION 4°" a` DIVISION OF HEALTH PLANNING & COMMUNITY DEVELOPMENT PLANNING January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear Mr. DiSalvo: Upon -review of the plans and your request for a Building Permit on subjectproper ty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. Yours truly, D. Robert Nicetta, Inspector of Buildings /g January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear `1r. DiSalvo: Upon -review of the plans and your request for a Building Permit on subject property, at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. /g :..r . :..-.:� Yours truly, D. Robert Nicetta, Inspector of Buildings KAREN H.P. NELSON?' a Town of Director NORTH ANDOVER BUILDING•... � 'Bs�OMp5t4 CONSERVATION DIVISION OF HEALTH PLANNING & COMMUNITY DEVELOPMENT PLANNING January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508) 682-6483 Re: Building Permit Request/400 Winter Street Dear `1r. DiSalvo: Upon -review of the plans and your request for a Building Permit on subject property, at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. /g :..r . :..-.:� Yours truly, D. Robert Nicetta, Inspector of Buildings " PRINT CLEARLY AND USE BLACK INK. f ZC; joYa S.AL , A NU ANDOJP Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE ApplicanteY Realty Trust Address c/6 Ralph R. Joyce Paul DiSalvo, Trustee Tel. No. 95 Main Street North Andover, MA 01845 1. Application is hereby made: (508) 685-4555 Paragraph and Table — ef the Zening By S. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. Aggrieved, €ems—rek4ew e a e bJ the Bt1Tding inspeeter e ' ntbQr- a4l.thnri�v 2. a) Premises affected are land no and buildings) yes numbered 400 Winter Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X4 West ( ) side of Winter Street. Street, and known as No. 400 Winter Street. c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Tenney Realty Trust Date of Purchase 1989 Previous Owner unknown --i-f- appli-eant is not owner-, eheek his/her- s: r 2!. be 'Ler %ye c&t2tilurization !For varianee//Speela-" it -required . 4. Size of proposed building: 22 front; 26 feet deep; Height Iz stories; 18 feet. a) Approximate date of erection: new w b) Occupancy or use of each floor: single family residential c) Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition alteration of non conforming building 7. Deed recorded in the Registry of Deeds in Book Page _ The principal points upon which I base my application are as follows: (must be stated in detail) Ramie existina 2 car ctaraae and add porch and new garage I agree to pay the file fee, advertising in newspaper, and incide_�.t-��expenses*4Z LZ Z � // S ignature; cif Petitioner (s) ) 1I Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAS IPARCEL LOT NAME ADDRESS ABUTTERS MAP ,PARCEL ILOT 104A 1 100 i I i 104A 102 Lu4A i 104A i NAME JADDRESS R & Mary E Robinson 189 Bruin Hill Road North Andover, MA 01845 Jeffrey C. Hall & Hargan E. Sheth Ronald L & Moira K Ten John F. & Cynthia Parent 104A 194 I Anthon C. 104A 1 91 104A i 2R { 1 T�ma� H C'1 arly^ n rhacc 1 ! 104A 35 I Charles M. & Ruth F. li.I c/0 Frederick G & Ethel L. 49 Bruin Hill Road North Andover, MA 01845 41 Bruin i n Hi 11 Read North Andover, MA 01845 538 Winter Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 551 Winter Street NothAn over, MA 01845 575 Winter Street North Andover, MA 01845 North Andover, MA 018 ,l 1` ti Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECIi`�t�` JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER FEB Z3 Pu Lai �4'SS February 23, 1995 Date............................ Petition No...QQ5-95.............. January 10, 1995 Date of Hearing.. February. 14.,..1995 Petition of ...Paul DiSalvo, Trustee, Tenney. Realty.Trus.t............................ .......................... Premises affected ..499 WinterStreet .......................................................... Referring to the above petition for a variation from the requirements vtth11 .. and ex ......... Section 9.2, Paragraph 1 of the Zoning.Bylaw,so. as. to,.permit ..................... ................ alteration of a non-conforminWXYg building to raze an.existing,,.. two -car garage and add a porch and new garage on the premises.located. At....... ... ...w. 400 Winter Street. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the Special Permit ..... and hereby authorize the Building Inspector to issue a permit to Paul DiSalvo,. Trustee, Tenney .Realty Trust ............................... The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the. Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed Walter Soule, Acting Chairman/� .Raymondi .Viven.zo.. ..................... John Pallone .Scott. Karpinski ........................ Joseph Faris ................................. Board of Appeals + 'w Any apeeal sha"f be filod the I'�oLice in the Office of. the Town Clerk. -':' :.' -, °o. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS *************************** * E8 Lj Paul DiSalvo, Trustee * Decision Tenney Realty Trust * Petition # 005-95 400 Winter Street * *************************** The Board of Appeals held a regular meeting on Tuesday evening January 10, 1995 continued to February 14, 1995 upon the application of Paul DiSalvo requesting a Special Permit under Section 9.2, Paragraph 1 of the Zoning Bylaw to so as to permit alteration of a non -conforming building to raze an existing 2 - car garage and add a porch and new garage on the premises located at 400 Winter Street. The following members were voting and present: Scott Karpinski, Ray Vivenzio, John Pallone, Joe Faris and Walter Soule. The hearing was advertised in the North Andover Citizen on December 12 and 28, 1995 and all abutters were notified by regular mail. Upon a motion by Scott Karpinski and seconded by Ray Vivenzio, the Board voted unanimously to GRANT the Special Permit to permit alteration of a non -conforming building. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension of alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this 23rd day of February, 1995 BOARD OF APPEALS Walter Sou e, Acting Chairman/;-/'/--' « 'PRINT CLEARLY AND USE BLACK INK. JOYCE BRA SHAW TOWN CLER& NORTH ANDOVER Received by Town Clerk: `C 16 11 53 PP '3 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Tenney Realty Trust Address c/8 Ralph R. Joyce Paul DiSalvo, Trustee Tel. No. 95 Main Street 1. Application is hereby made: North Andover, MA 01845 (508) 685-4555 Paragraph and 'Fable ef the geniRg By! S. b) For a special Permit under Section 9.2 Paragraph 1 of the Zoning Bylaws. 2. a) Premises affected are land no and building(s) yes numbered 400 Winter Street. b) Premises affected are property with North ( ) South ( ) East (XI West ( ) Winter Street. Street, and known as No. 400 Winter Street. frontage on the side of c) Premises affected are in Zoning Districts -2 and the premises affected have an area of 2± acres square feet and frontage of 175 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Tenney Realty Trust Date of Purchase 1989 Previous Owner unknown owner,k� i. if arpiieant is not -i 'her iaxteres+ --in the presi s: -Frespeetve-PdrehL -__ 4-19es[Me Other it fid• 4. Size ofpproposed building: 22 front; 26 feet deep; Height 1T stories; 18 feet. 7 a) Approximate date of erection: new b) Occupancy or use of each floor: single fanily residential c) Type of construction: wood frame 5. Has there premises? been a previous appeal, no If so, when? under zoning, on these 6. Description of relief sought on this petition alteration of non conforming building 7. Deed recorded in the Registry of Deeds in Book Page _ -hand eourt eertificerte tio. Book Page -. The principal points upon which I base my application are as follows: (must be stated in detail) Raze existing 2 car garage and add porch and new garage I agree to pay the fill�ag fee, advertising in newspaper, incide ..expenses* ,/� A -- r--, n ignatur<-gf Petitioners Every application for action by the Board shall be made on a form approved by the Board. These .forms shall be furnished -by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan,of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. . IF MORE THAN 20 NAMES PROVIDE 2 SETS.LABELS. ' PRINT CLEARLY OR TYPE USING BLACK INR. � 1y A. ZBA. Premises to be affected: Ann WinterGtr M,r+h 0V,' MA LIST OF PARTIES OF INTEREST 41 IR.1Pr.T PROPERTY MAP PARCEL LOT NAME ADDRESS ABUTTERS MAP !PARCEL !LOT !NAME ADDFit55 aver, 104A ! 100 Steven R. & Mary E. Robinson 89 Bruin Hill Road North Andover, MA 01845 101 Jyl a-Hp-ni Sing Jen. Ahern '77 Tb-iiin Mill Road -- North Andover, 104A j 102 Jeffrey C. Hall & aret 49 Bruin Hill Road ! I E. S &th North Andover, MA 01845 104A ! 32 ! Ronald Mo' - North Andover MA 01845 104A 81 ! John F. & Cynthia Parent 538 Winter Street ! Northover, MA 01845 I 104A ! '82 ! !Ronald F. & June D. Broderi k 550 Winter North Andover MA 01845 104A f 94 lu4A JD I 104A 191 � I 104A 128 I 104A ! 35 ; I 4 1 I I 1 1 !1 Anthony C. i i !Lyle Ritter 1 I !Diane & Jef North Andover, MA 01845 551 Winter Street Noh over, MA 01845 575 Winter Strw± North Andover, MA 01845 Charles M. &Ruth F. Lewis 997 Dale Street c%0 Frederick G & Ethel L. Eldred North Andover, MA 018 R� Cf yOwi�y,� KAREN H.P. NELSON Director 9 Town of NORTH ANDOVER BUILDING CONSERVATION ,Ss,O"p5`t DIVISION OF PLANK tic PLANNING & COMMUNITY DEVELOPMENT January 5, 1995 Mr. Paul DiSalvo 400 Winter Street North Andover, MA 01845 120 Main Street, 01845 (508)682-6483 Re: Building Permit Request/400 Winter Street Dear Mr. DiSalvo: Upon review of the plans and your request for a Building Permit on subjectproper ty at 400 Winter Street, I find it necessary to refuse issuance at this time. It appears that you would need to petition the Board of Appeals for a dimensional setback variance in order to comply with Section 7, para. 3, Yard Setbacks, and Table 2 of the North Andover Zoning By -Law. Please be advised that you have the right to appeal my denial by seeking relief under Section 10, para. 4, of the North Andover Zoning By -Law, as a party aggrieved of a decision made by the Inspector of Buildings or other authority. /g :...EMT .M Yours truly, D. Robert Nicetta, Inspector of Buildings t.iASSACHUSETTS UN1FORr.i A:-;rLl(-A11Uti )-U�,, cnr.;i I I U �U v^,')VI I I ii\V (Print or Tyre) • .r A/O /9Nt' WC11- J N.2ss. Dale Building Locaticn y00 6Uj;,7L.c S i Owner's Name ik Map: Let: Zcnc: Type of O=urancy New 2 Renovation 0 Fe;.laeement iJ Plans Submitled: Yes:] No Fee: I �� O J O L O O — > <•- - > O SUS -BSMT. BASEMENT 1ST FLOOR 2ND FLOOD 9n0 FL00R <TH FLOOR ( I I I I I I I I I I I I I I I I I I I I I I I I I I I STH FLOOR STH FLOOR I I I I I I ( I I I I I I I I I I I I I I I I I I I I I 7TH FLOOR I I I I I I I I I I I I I I I I.1 I I I I i l i• I t i l t 6TH FLOOR lnst.zilingCrmpznyNa.:,e, EASTERN --PROPANE GAS 1?*C C.heckone: Cerilica:e ,edress 131 WATER STREET DANV=?S MA 01923 3 C;.rpera.aa Es:ima:e Vale cl Werk: D P2rL)ers`i? Business Telephone (508) 7/4-1930 :3 Firm/Co. �� ? / }Carne el Liee::sedrly.^bet er G:s=.::ct� Cl.��..c. /+r2pn/ 1NSURANC_ COVERAG E: h2ve a 111 liability in.s--rance pcl:cy C its Scts:ar.iial e2.ert w`:ic'1,;,e_:s iha rEgvlre.,.=_rls of }.iGL Ch t=2. Ye L.*C1 No D If you have checked ves, pleas_ indicate ;he type crve.a_e by checking 11:e apprcprfate box. A liability ins.tznee policy J C .`.et type of ineemn;.y Scr.d OWNER'S INSURANCE WAIVS 1 a.m aware ;`2t the licensee dCeS not have'l`e insurance coven ge required by Chapter 1.�2 of the Mass. Generl Laws, and if al r; y si7r.at :re on this rAll, aOpiici0o'l Wa,veS this fegviremen L Check one: O.vneto A;ent sI;nslV7s of Owner er Ownsfs Apr.I I hereby cer•.Hy that ?Jf of the de:2i'.s an.d 1rJ1D1,— :on I h2ve (or er.:ere:) in above a,^pLut.on we "e Zed a=.,z:e to the best of MY k-Acwled a and L Kt an lumbi, d ' ",. liicz5on ws� L•e Ln p Iia 6 p g vr::k �. i^s�adors,e or.• -e` vn er the per:li'ss�c: !or � s app p � wi:� e.11 per:;nent prcv'siors of ne Mass 2ch.se:s S:a:e Gzs CoCe ar�d Ch2p:er 142 Of neraJ Lz-A I (] Ff ,bon Sismar.:e of L'icersed Plur..ber or Gas Finer Gass er ? Nester Umrse Nor: bzr / J Gay/ Town ti U )ou:r•tr:: on 1 PROVED (OFFICE US€ ONLY) 11 T � 25 � Date .. ? -A � ....... u N" ° TM TOWN OF NORTH ANDOVER pf ,n1ti0 a� 'a p` PERMIT FOR GAS INSTALLATION•�`�4 O D t i • a This certifies that . /. S?, -1A `' //a (' j �1 `, r has permission for gas installation .. .!9. �.,� ................ in the buildings of .. f .. S!`� �.�. ....................... . at ................ , North Andover, Mass. Fee. ).)..... Lic. No..5. S 3..... ........ . GAS INSPECTOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File b0 0 b m -i W X O m m o '� a Registry of Deeds Northern District of Essex County Lawrence, MA OIL840 10/20J/Q8 Inst 156,M TI-' 2 9. 00 'e - c' Deed Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AP, SERVICES 30 School Street WII..LIAM J. SCOTT North Andover, Massachusetts 01845 Director NOTICE OF DECISION. Any appeal shall be filled within (24) days after the. date of filling this Notice in the Office of the Town Clerk. Petition of Tyler Munroe Premises affected Lot 2 winter Street ( 400 Winter Street) Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 7.2 so as to allow access other than over the street frontage at 400 Winter Street. After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT - access other than street frontage based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use 'Planner Health Sanitarian Assessors • • •• Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Signedt - �� Richard S.Rowen, Chairman Alison Lescarbeau. V. Chairma x; • John Simons, Clerk Richard Nardella Joseph V. Mahoney Planning Board CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILD(NGOFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (978) 688-9541 • *146 MAIN STREET ry off.{ Date April 22, 1998 a Date of Hearing April 21, 1998 c Premises affected Lot 2 winter Street ( 400 Winter Street) Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 7.2 so as to allow access other than over the street frontage at 400 Winter Street. After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT - access other than street frontage based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use 'Planner Health Sanitarian Assessors • • •• Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Signedt - �� Richard S.Rowen, Chairman Alison Lescarbeau. V. Chairma x; • John Simons, Clerk Richard Nardella Joseph V. Mahoney Planning Board CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILD(NGOFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (978) 688-9541 • *146 MAIN STREET 1 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WU,LIAM J. SCOTT Director April 23, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 30 School Street North Andover, Massachusetts 01845 Re: Special Permit - access other than over the street frontage/ Lot 2 Winter Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, April 21, 1998 at 7:30 p.m. in the Department of Public Works Conference Room, 384 Osgood Street, upon the application of Tyler Munroe 100 Foster Street, North Andover, MA 01845 requesting a special permit under 7.2 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on April 1 and April 8, 1998 and all parties of interest were duly notified. The following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney and Alberto Angles, Associate Member were present. Kathleen Bradley Colwell, Town Planner was also present. The petitioner was requesting a special permit to allow access other than over the street frontage. The premises affected are land with frontage at 400 Winter Street. In the Residential - (R-1) Zoning District. Tyler Munroe was present to represent Lot 2 Winter Street. Mr. Munroe went over the plans with the Board. Mr. Munroe stated that he has an easement through the power lines. Mr. Munroe stated that he worked with Mr. Howard and he suggested that this is the route he takes. Ms. Colwell stated that the access is already there. Ms. Lescarbeau asked if the driveway already exists. Mr. Munroe stated that it did. Mr. Mahoney asked what they are accessing it for. Mr. Munroe stated that it is his nursery. Ms. Lescarbeau asked if there was an emergency issue with the access. Ms. Colwell stated that the fire trucks only need 96'.0 On a motion by Ms. Lescarbeau, seconded by. &, Angles the Board voted unanimously to close the Public Hearing and approve the decision for Loot 2 Winter Street. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t a) All appropriate erosion control devices must be in place and reviewed by the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. c) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. 3. Prior to FORM U verification (building permit issuance): a) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 4. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 6. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9. This permit shall be seemed 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. Therefore the permit will lapse on cDCCC, cc. Conservation Administrator Director of Public Works - Health Administrator Building Inspector Police Chief Fire Chief Assessor l Lot 2 Winter Street Special Permit Approval - Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Tyler Munroe, 100 Foster Street, North Andover, MA 01845, dated March 18, 1998 requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw to allow access to Lot 2 over the adjacent lot owned by NIF Chase located at 500 Winter Street. FINDINGS OF FACT: 1. A large area of wetland covers the majority of the frontage for this lot. 2. A gravel drive across land owned N/F by Chase currently provides access to this lot therefore the location is appropriate; the driveway will not effect the neighborhood, and will not create a hazard to vehicles or pedestrians. 3. By allowing the continued use of this existing gravel driveway, no wetland filling will be required to access the upland portion of the lot. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: Plans titled: Proposed grading Plan Lot 2 Winter Street In North Andover, MA Prepared For: Tyler Munroe 100 Foster Street North Andover, MA Prepared by: Marchionda & Associates. L.P. 62 Montvale Ave, Suite 1 Stoneham, MA 02180 a) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. 2. Prior to any site disturbance: Attached are those conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board I �0 ENim I "u . P;^4e i C' EASEMENT JAMES H. CHASE and GLADYS B. CHASE of 500 Winter Street, North Andover, Massachusetts, hereby convey to TYLER D. MUNROE, KRIS A. MUNROE and PAUL DISALVO all of 100 Winter Street, North Andover, their successors and assigns, with quitclaim covenants a perpetual non-exclusive right and easement to , pass and repass by vehicular traffic or otherwise within land area more particularly described below which may be incidental to land of the Grantee in said North C4 Andover. The land to which the foregoing right and easement is granted is described (O in a Certain deed recorded at Book 2896 Page 9, and is located on 400 Winter Street C in North Andover. over property located off Winter Street, North Andover, and is conveyed subject to the right hereby reserved by the Grantors to continue the use of said land area for all purposes not adverse to the rights granted herein to Grantees. Said easement is approximately 100 feet in length, and fifteen feet wide and is bounded and described as follows: An access/egress easement as described on a plan annexed hereto entitled "Easement Plan Winter Street, North Andover prepared for Tyler Munroe" dated February 28, 1997, recorded as Plan #13313. This easement shall be exercised by Grantees, their successors or assigns for the sole purpose of access/eggress for Grantees' land, and Grantees, their successors or assigns agree that said easement is to be used solely for one occupant of said lot, and if Grantees' land is subdivided, this easement shall run with one lot only, said lot to be designated by Grantees, their successors or assigns. The Grantors hereby give the Grantees, their successors and assigns, the right to maintain the easement so as to permit the access/egress of vehicular traffic. Grantees, their successors and assigns, indemnify and hold the Grantors harmless from any claims for damages arising out of Grantee's use of this easement. This easement shall run with the land. For our title see deed recorded at Book 1142 Page 304 . �Sa• M- } ss 3 G 17 0 y�4 r Witness my hand and seal this the day of JAMES CHASE !4 GLADYS SE COMMONWEALTH OF MASSACHUSETTS Fp / `/ 1991, Then personally appeared the above-named JAMES CHASE and GLADYS CHASE and acknowledged the foregoing instrum t to be her free act and deed, before me, 1 Not.airy Public �%1r1�S My commission expires: Z f0) �'� Z:\OOCASE97\CORP\502-3\EASENENT.WPD ESSEX NORTH REGIiS�R� � LAWRENCE, MASS. A TRUE COPY: ATTF-ST: €615T�R OF Dfl