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Home My WebLink AboutMiscellaneous - 46 RALEIGH TAVERN LANE 4/30/2018 (5) 46 RALEIGH TAVERN LANE 210/107.A-0106-0000.0 I J' �1 Crb beYM4 D C s s 0 c c 0 ❑Var dr 13Fiadins QIOB Application fibs W. ..1 6 0 Blearing due at -,I�l-06 Decision due on:. bl Q( C f CIO l avct+n "Y\e- --T4 8ulss►W :auiiy9 0- - :aged u1io3 uoi;eotlddd VBZVN a;aldwooul 090 How to Get Things Done on Time and on Target • Use the CALM method to conquer chaos • How to double-check the quality of your work when you do time • Know how much work to delegate and whether your staff rr for it • An`open door"policy-when it will work and when it won • Eliminate self-imposed stress and be more effective • Give clear directions to ensure things get done Supervisory Payoffs-How to Stay on Top • Develop your own personal"Supervisor in Action"plan • Let your position help you-how you can save time and enc • How to"play the game"when you need to and how to enjo • Avoid burnout caused by the inexperienced supervisor • Dodge the pitfalls of stress For more information,download a complete brochure at: t p Town of North Andover No erM Office of the Zoning BWd f Community Develo mefil1t1b � i ?%vision , 400 Osgoo 11401M 4: 24Gerald A. Brown North Andover, Inspector of Buildings Telephone(978)688-9541 T O Vi N OF i A�ID td l OVE" Fax(978)688-9542 MA.SSACRUSLL � Any appeal shall be filed within Notice of Decision (20).days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 46 Raleigh Tavern Lane NAME: Robert&Eugenia Bennett,8 Grouse HEARING(S): April 11,2006 Hollow Road,Meredith,NH 03253 ADDRESS: 46 Raleigh Tavern Lane PETITION: 2006-010 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert&Eugenia Bennett,8 Grouse Hollow Road,Meredith,NH 03253,for premises at: 46 Raleigh Tavern Lane(Map 107.A,Parcel 106),North Andover requesting a Special Permit from Section 4, Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the Northeast side of Raleigh Tavern Lane within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R.Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Richard M. V911ancourt and Vd by Richard J.Byers the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite per: Site: 46 Ralei Tavern Lane Oft 107,Parcel 106),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Massachusetts,prepared for Robert& Eugenia Bennett,46 Raleigh Tavern Lane Date(&Revised Dates): March 8,2006 Registered Professional Vernon J.LeBlanc,Professional Land Surveyor#33600,LeBlanc Survey Land Surveyor Associates,Inc., 161 Holten Street,Danvers,MA 01923 Building Plan Title Family Suite Renovation,Bennett Residence,46 Raleigh Tavern Lane, North Andover Massachusetts By: William V.Balkus,Registered Architect#4452,William Balkus Associates Architects,Ten South Main Street Topsfield MA 01983 Date: March 15,2006 Sheet/Drawing: Existing Front,Right Side,&Rear Elevation,Existing First&Second Floor Plan,&Proposed Second Floor Plan[6 sheets] Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 4 Town of North Andover r�, Office of the Zoning Board oJMPA "FIC Community Development and4M,"-- isionr_ a 400 Osgood Stre jo&5 �, tcH _� �� : 25 JSwcMuset Gerald A. Brown North Andover,Massachuse 5 Inspector of Buildings T 0 W OF Telephone(978)688-9541 NORTH ANDD EA Fax(978)688-9542 MASSQC.HusE T TS With the following conditions: 1. The Family Suite shall not be occupied by anyone except Eugenia C.Stiff,mother of Eugenia Bennett,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Eugenia C.Stiff ceases to occupy the family suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R. Webster. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4.121.17 of the zoning bylaw in that the family suite shall be within 46 Raleigh Tavern Lane,less than 25%of the existing single-family dwelling,and less than 1,200 sq.ft.,per"Proposed Second Floor Plan". The Board finds that 46 Raleigh Tavern Lane is an appropriate location for a family suite since no further zoning relief is required. The Board finds that the family suite,as developed,will not adversely affect the neighborhood and that there was no written or spoken opposition. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians;that the Plan of Land specifies off-street parking for 4 vehicles. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;the Bennetts stated in their application that utilities,water and septic are included in the present design. The Board finds that the family suite is in harmony with the general purpose and intent of this Bylaw and that this change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, I i 1A ) �, 4\11AAL Ellen P.McIntyre,lCliair Decision 2006-010. M107.AP106. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Heahh 978-688-9540 Planning 978-688-9535 Town of North Andover Town aerk Time f Office of the Zoning Board of Appeals RECEIVED ;~ Community Development and Services Dives" CLERK'S OFFICE 400 Osgood Street North Andover,Massachusetts 01845 2006 MAR 22 AM 10: 45 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 10'!!N Q i tHORpTi'� Legal Notice North Andover, Board of Appeals V i Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 1 lth of April 2006 at 7:30 PM to all parties interested in the application of Robert& Eugenia Bennett, 8 Grouse Hollow Road, Meredith,NH 03253, for premises at: 46 Raleigh Tavern Lane(Map 107.A, Parcel 106),North Andover requesting a Special Permit from Section 4, Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the Northeast side of Raleigh Tavern Lane within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:3OPM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27& April 3, 2006. r i Legalnotice 2006-010. M107.AP106. M0. 0?S@L0Z ^-e�� o'o o.mD��7nv w o�o w 'V m ai- Cn�m o �33�a�wR3�mO.w�N �OD�HQwtDny°)CL,s mo.�S°�Cm N� W. me°�:0°�y mszmvN?gym-o�w��ovwo°mp=:A � V� o mootQD��' :.�-lo .Q°'o m � mZS" �m� -0 _0E,'oSd r �. co° osmCO 0 N<m�•3- 3��y =C�°m0< ,O�II °�ZZ Z ° .n- am°S. < Neow y3Sw c13 0oeP (D ° .,o_� .D'GO °Dv�tnN°mw �3yo <Nm°Nrn�°�^,�m,�a�o�t�°7 °<J q m °co �m�=;cmi°0y.(nBopwo"' °D 037�.m ..`N W.Om O.OfG n Al S-0'=r a'Oo.RD -�7^7m:N0� - Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 N o. 00 Date NOR71y '6��0� TOWN OF NORTH ANDOVER ° o BUILDING DEPARTMENT 9q coc��c�c..a.��' �q *•o�°"S�`' Building/Frame Permit Fee $ SSgcHu Foundation Permit Fee+ $ Other Permit Fee �l $ x, v I r� 6P(4 # 5e- ; o as - 1760 —YC6 Vl quilding_inspecWr, ted(. d . zBA 3 29 22 / / I Date .�,1.T..��.�.Q�.... i of NORrH,� ��•`' °°� TOWN OF NORTH ANDOVER I 0 p RECEIPT i S`SACHUSE This certifies that., � �... {�h. .e........................ has paid./P L...4�� l/v....C.!...... ... !U.v...... for...°!.v.41�....��....:�................... ......7.........4/e7 ...T?e. 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WHITE: Applicant CANARY:Department PINK:Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0011 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Family Suite Thu Mar 16, 2006 Applicant's Name: Owner's Name: NAME: NAME: Robert Bennett Robert Bennett ADDRESS: ADDRESS: 46 Raleigh Tavern Lane 46 Raleigh Tavern Lane TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: N ANDOVER MA 01845 N ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 46 RALEIGH TAVERN LANE TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 4.121.17 GIS# MAP: BLOCK: LOT: ACTION TAKEN: 8980 1 107A 106 Reason for filing: SP from 4.121.17&2.37.1 for a Family Suite HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Toe Apr 11,2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauders&Associates,Inc. 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DECEMBER 79 North Main Street,Andover,MA 01810 s M:T W T F 1 Tel 978-475-4945 • Fax 978-470-1176 • Toll Free 800-585-COPY 9 10 z 13 4 s15 16 17 18 19 20 21 22 staff@mmpand.com 2324 25.262728 29 www.mmpand.com 3D31,;,:;- . o' f ' JE11 TOWN OF NORTH ANDOVER SPECIAL PEWiSLSF=1C ZONING BOARD OF APPEALS 20661 TM 16 Pil l,: 32 NAME ADDRESS OF APPEAL (own clerk Time Stamp Procedure & Requirements for an Application for a Special Permit Ten (1 o) copies of the following information must be STEP 6: SCHEDULING'OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will comMete items that are underlined. STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner picks u p the legal notice from the Office The petitioner applies for a Building Permit and p g of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the g notice to the local newspaper for publication. Building Commissioner. STEP 2• SPECIAL PERMIT APPLICATION.FORM STEP 8: PUBUC.HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as STEP 8: DECISION: cited in Section 10 page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision.may be made pursuant to Massachusetts a certified list of Parties in Interest (abutters). General Law ch.40A sec. 17,within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10• RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office The,petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the to be certified by the Town Cleric with tete time and date Essex County North Registry of Deeds, 381 Common of filing. The original will be left at the Town Clerk's St., Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department- IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 0120 Main Street n 1-7,;j 400 Osgood Street nNorth Andover, MA 01845 North Andover, MA 01845 �78-6.88-954.2 fax for all Community Development offices 878.688-9501 Town Clerk's Office D � s 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office - - -' PAGE 1 of 4 PAGE 4 OF 4 SPECIAL PERMIT *10. B. *Plan Specifications: 9. WRITTEN DOCUMENTATION P Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"07", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special II) One (1) Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. All points, 1-6, are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: f) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. , I . I I 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. 5. abutters of property,within 300radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50' from applicants proposed structure 5. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. 11) Legend & Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines &outlined in-red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e. the Earth Removal 3. Graphic Scales Special Permit has unigi.le criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minor projects, such as decks, sheds,and garages, Clerk's Office and ZBA secretary at least thirty (30)days shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of an. asterisks('). In some cases further information may appeals be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified. 10 A. Major Projects return receipt ($4.42 as of November 2063) x#of all parties in interest identified in MGLA ch. 40A §11 on the Major projects are those which involve one of the abutter's list for the legal notice check. Also, the following whether existing or proposed: applicant shall supply first class postage stamps l)five ormore parking spaces, (cun*ently 37c) x the#of parties of interest on the 11)three (3) or more dwelling units, abutter's list for the decision mailing. 111) 2000 square Leet of building area. g. Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). !opogiaphic information. C. See; 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. FFFF aAGE 2 OF 4 Date& Time Stamp Application for a SPECIAL PERMIT 27 North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: (-4,obel-t" 4 V-5Vjev,,&- t3.e r. -I-t— CCo`d3) "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 13 M�►-e;�, 41%. Wk 032-91 Years Owned Land• i y�a� � y►�-o,,��, 3. Location.of Property: a. Street: `f b RcJ��t� -r�v�,,ry, (-�. Zoning District 122 b. Assessors: Map number 107 Lot Number: t e c. Registry of Deeds: Book Number $9 59 Page Number 2 Z 4. By-Law Sections under which the petition for the Special Permit is made. ec_�iorls 9. I 4 `Refer to the Permit Denial and Zoning By-Low Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: 1 n QrAA G.. LL; �r c ,Q +0 e x r 5 4-; *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 44 452 % 15 _1 6 `l Saab M4'P 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. F. Coverage Feet Spaces Front Side A Side B Rear % 191.1 14— 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback F Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear -tq/4 _% 15.0 L_ 30 1310 30 3.0 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" 4 oLM 2 6�2y9 R e,S i c-Q-ev,4--;a j I *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** o t -& ,o??� �s ;dZ�,-v+4wl : I:a-4 W 5u;-1t AMA16,% 1 Oor *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal the Zo 'ng Bard of thi pplication as incomplete. n ^ & Si nature / Type above name(s) here '2.o�est- 13 S �,,,�e}� �� G, [2 PAGE 4 OF 4 SPECIAL. PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly wdtten or typed memorandum setting forth in to exceed 11"x17', preferred scale of 1"=40' detail all facts relied upon. When requesting a Special m One (1) Mylar. Permit from the requirements of MGLA ch. 40A, and the III) :Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5) ZBA signatures and date indicated on the supported. All points, 1-6, are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: f) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. . , .• 1 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. 5. abutters of property,within 300radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed struMure 5. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. 11) Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines &outlined in-red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e. the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submitial 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board.of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of an. asterisks (`). In some cases further information may Appeals be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified. 10 A. Major Projects return receipt ($4.42 as Of November 20b3)x#of all parties in interest identified in MGL A ch. 40A §11 on the Major projects are those which involve one of the abutter's list for the legal notice check. Also, the following whether existing or proposed: applicant shall supply first class postage stamps 1)fide or more parking spaces, (currently 37c) x the#of parties of interest on the 11)three (3) or more dwelling units, abutter's list for the decision mailing. 111) 2000 square Leet of building area. B. Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). !opographic information. C. See 2005 Revised Fee Schedule. �344 A Special Permit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. < f-FF ED TOWN OF NORTH ANDOVER SPECIAL PE R, s OFFICE ZONING BOARD OF APPEALS 20061:1,A;li 16 Ni l,: 32 NAME ADDRESS OF APPEAL y,ly ° Gown Clerk Time Stamp S?0ilTi1 k.[''Di�E'� Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING'OF HEARING AND submitted thirty(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zonina Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2• SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as STEP 8: DECISION: cited in Section 10 page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision.may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17,within twenty (20) days after the decision is filed with the Town Cleric. STEP 5: SUBMIT APPLICATION: STEP 10 RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk'&Office The,petitioner is responsible for recording certification of to be certified by the Town Clerk with tie tjime and date the decision, Mylar, and any.accompanying plans at the of filing. The original will be left at the Town Cleric's Essex County North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: .' -978-688-953x5 Office of Community Dev. & Services North Andover Town Hall 400 Osgood Street 120 Main Street vNorth Andover, MA 01845 North Andover, MA 01845 7978-"8-9542 fax for all Community Development offices 878.688-9501 Town Clerk's Office v o 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 Zoning Bylaw Der"I �IIIV: Town OfNorth Andover Building Department " = 400 G cod St. North Andows MA. 01845 Plwrta 9T84" 9546- Fax 1ITi6-10 111642 Street 107 icant R uest Date: 3-3'-0 6 trots and Plans that Your Application is Pleas.be advised that�dW MM of your Applica DENIED for the topowing Zoning BVISW r'usons: Zonin R-2 stern dotes Ilam A Lot Arra F Frontage 1 Lot area Insufficient 1 Fro Insuffic�eM 2 Lot Area Preexists 2 Fro Com les 3 Lot Area Com e s 3 P yes 4 insufficient I 4 Insufficient Irrfortnation B Use 5 No access over Frontage 1 Allowed G Contiguous Budding Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisti 2 Com lies 4 I Permit wired yes 3 Preexists CBA 5 Insufficient I 4 Insufficient Information C setback H saddling Haight 1 All setbacks coin 1 Height Exceeds Maximum 2 Front Insu - -Ott 2 Com ies 3 Left Side I 3 P M e P4 Right Sade Iriaiftient 4 Insufficient Information 5 Rear Insufficient 9 Building COMM* 6 Preexiscku t ti seteadc s yes 1 Coverageexceeds maximum 7 IrMiffI ' r. 2 Coverage Coverage iss D Yllat�ndwd 3 erage preexisting e s 1 Not in WatersiW yes 4 insufficient Information 2 In Watershed J sign 3 Lot prior to 10/24194 1 Sign not aikwmd 4 Zone to be Delwin red 2 Sign CornpII 5 Ins efficient Info fnnatson 3InsuffkAOM Information N/A E Historic Disiriict K I Parking 1 In District review required 1 More Parking Required 2 Not in district yes 2 Parks Com 3 Insufficient Information 3 Instrfficierit Infomnaticn 4 Pre-e)dWng Parking Reeled for the above is checked below. Item 0 SpEiW Panrtils Planning Board leen/ Variance Site Plan Reo w Special Permit S@Wwk 1lwW= Access otim than Frorifte Specad Permit Parking Variance Frocifte E=pWn let SpecuM Permit Lot Area Variance Common Special Permit HsigM VwWff e Pesti Variance for Ogn Continuing Cam Retiniiim t Special Permit S ial PMmste Zoning Board Indeperwert,EWw1v Housing Pik scecial Permit Non-Conforming Use ZBA Large Estate.Condo SpscW Permit Earth Removal 1 Permit ZBA Planned DrAbpnwt Didrid Speciel Permit Speow Permit Use not Listed but Similar Planned Residential SpeciW Pemut _ ' Permit fa family sui-te R-8 Denift Special Permit S Permit prewisting nonconformin Watershed Permit The abaft rwiew and d woh is bawd on the PWM and i11k1n1 bon MftniNsd. No dsfnWn review and or advice shah bs beard sn vubal spiinratlorrrby to applionrt nor M d such verbN--F' `arra by"apP'M t ewve to provide-1 w1b, ansrws b the shots reserve for DENIAL Arty bao wsciss,niisaditrp irfarrrma n ,or other subeequM chwgw to Me irMamaliort metrried by the appicsli,*d ba pounds for ft review b bs vdM at ft diacraI W d the &Aft Dgwbn C Ma IM A l docrarrent Md wMw ftAw NsmYvs'shall los aftachad halalo and inoorporaled herein by iefto e. The depaI I vA mft d plot and docrmvrrdrm for the above firs.Yau must tlh a new buildup Permit appkWon fomn and begin the j 0'r n process. Building Department Qfficid Signature AppApplication Denied Pian Review Namitive The following narrobve is plwided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Imm ft@NM%r Dmdd i�ehl�ll0� R-4 A Special Permit through the Zoning B8ard of Appeals ig Lpauirpd for a family suite in er 4. 121 . 17 of the Zoning Bylaw. i i Referred To: Fire Memo Police Zoning Board Conser mom Dopwbfmd of Public Waft Planning mhixicm commission Odw BUILDING DEPT TO: North Andover Zoning Board of Appeals FROM: Robert and Eugenia Bennett Robert and Eugenia Bennett 8 Grouse Hollow Road 46 Raleigh Tavern Lane Meredith, NH 03253 North Andover, MA 01845 DATE: 3/16/06 SUBJECT: Section 9 Special Permit for a Family Suite at 46 Raleigh Tavern Lane Our request of the North Andover Zoning Board of Appeals is to be granted a Special Permit to make the rooms and add a kitchen as a Family Suite which is to be located over the garage on the second floor according to 2.37.1, p. 20 and 4.121.17, p.27. As required,this family suite will be inhabited by member(s) of our household and most immediately by our mother (mother-in-law) who is 83 years old who presently lives in Ossipee,NH on a dirt road isolated from the village, especially in the winter. She has also had a broken neck in a car accident in the last 4 years and is not able to live alone in the winter.We want her to live with us with a level of independence at least in the winter for her health and safety. This Family Suite is in an appropriate location over the garage and has it's entrance from inside the house. Set back from the road is a third bay in the garage and a parking space outside as well that will not pose any nuisance or hazard to pedestrians or other vehicles. Adequate and appropriate facilities are included in the two rooms: 1 bedroom with a large closet, 1 full bath and a combination living/dining/kitchen room with more than adequate space and natural light. All utilities are located in the family suite and the water and septic are included in the present design. No change in the outside design or size is needed as it is already included in the present building. The use is in harmony with the purpose and intent of the Zoning Bylaw because it complies with the regulations 2.37.1, p.20 and 4.121.17,p.27 regarding a Family Suite, it's size with limitations and it's occupants. Setbacks comply with regulations. Thank y� your cooju foor/ sideration of this request. Robert B. Bennett Eugenia A. Bennett 1 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not wihstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 107.A 106 Robert&Eugenia Bennett 46 Raleigh Tavern Lane North Andover,MA 01845 Abutters Properties Map Parcel Name Address 107.A 9 Acorn Realty Trust f0AKtfbl 733 Turnpike Street#158 North Andover,MA 01845 107.A 101 Michael Chadwick x/130 Farnum Street North Andover,MA 01845 107.A 102 Neil Thurber ,210 Farnum Street North Andover,MA 01845 107.A 104 Erin Cournoyer L-22 Raleigh Tavern Lane North Andover,MA 01845 107.A 105 Frances Stiglin 34 Raleigh Tavern Lane North Andover,MA 01845 107.A 107 Sylvia Soule _ X70 Raleigh Tavern Lane North Andover,MA 01845 107.A 108 Anton Denboggende 692 Raleigh Tavern Lane North Andover,MA 01845 107.A 117 Darrell Hamann v67 Raleigh Tavern Lane North Andover,MA 01845 107.A 118 Eric Loth ,,%Raleigh Tavern Lane North Andover,MA 01845 107.A 119 James Warren `,N Raleigh Tavern Lane North Andover,MA 01845 107.A 139 Robert&Susan Rogers rp*W0 Raleigh Tavern Lane North Andover,MA 01845 107.A 152 Richard McMahon 03 Gilman Lane North Andover,MA 01845 107.A 184 John&Wilma Breiland vT63 Johnnycake Street North Andover,MA 01845 107.A 185 Scott Lindquist VC,%&'W15 Johhnycake Street North Andover,MA 01845 q-19-Q,6 107.A 186 Mark&Emily Webster If 5 Johhnycake Street North Andover,MA 01845 107.A 187 James Lampassi V-135 Johnnycake Street North Andover,MA 01845 107.A 188 Steven Cavazza 147 Johnnycake Street North Andover,MA 01845 Date 3/7/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of JaN4"A4 Certified b Date 27 v6 1 ane JEPd -FAMILY SUTT$.ON . __ F TI2'1LonII enf]YE_GARA �J I 26 I ; EXISTING FRONT ELEVATION SCALE: 1/8"= 1'—0" MARCH 15 , 200'6 WILLIAM BALKUS ASSOCIATES EOV. A� TIN SOUTH MAIN STREET'TOPSF=MA 01983 WMBALKUSASSOC@AOLCOM 2 TEL 978 8.87 3351 FAX 978 887 9290 FA. MILY SUITE RENO VATION -OF IMA ess" B E N N E T T' R E . S .I D E N C E 4 . 6 R A L E I G H T . A V ` E R N L A N E N O R T H A N D O - V" :E . R M A S S A C H. U S E T. T S i i l Imp EXISTING RIGHT SIDE ELEVATION SCALE: 1/8"= P-0" MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES D V.� ARCfHTFJM ! '1 TIN SOUTH MAIN STREET TOPSFMLD MA 01983 WMBALKUSASSOC(PAOLCOM 4452 TEL 978 887 3351 FAX 978 887 9290 FA. MILY SUITE RENO VATION OF�aB E NNE TT RE SIDE- NC E 4 6 R A L E I G H T A V E R N L A N E N O R T H ANDOVER MASSACHU S E T T S FM 7u LHJ dl �., - - qn, i _ EXISTING REAR ELEVATION SCALE: 1/8"= P-0" MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES RED ARClffrFjM a TEN SOUTH MAIN STREET TOPSFDR D MA 01983 WMBALKUSASSOC@AOLCOM 402 TEL 978 887 335 1. FAX 978 887 9290 FAMILY SUITE RENO VATION <�rrOFMA ' B E N N E T T RE ..SIDENCE 4 6 R A L E I G H T . A V E R N L A N E N. O R T H A N D O V E R M A S S A C H U S E T T S T-1 — I _ r _SCREENED PORCH 1 a O 47 KITCHEN MASTER BEDROOM SUITE BREAKFAST rLAUNDRY . GARAGE FAMILY ROOM I.l01 I UP TO FUTURE } FA "'SUITE ENTRY _ - — ;PORCH � I , I LIVING .; --- FOYER STUDY DINING i l PORCH O MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES EXISTING FIRST FLOOR PLAN V. ARCtUTUM . SCALE: 1/8"= P—O" ` No. TEN SOUTH MAIN STREET'TOPSFMM MA 01983 WM13ALKUSASSOC®AOLCOM 2 TEL 978 887 3351 FAX 978 887 92.90 e,MP �o FAMILY SUITE RENOVATION OF B E NNE T T RE SIDD E N C E 4 : 6 R A L E I G H T A V E R N L A N E N O R T H A N D 0 V E R M A S S A C H U S E T T S I I l 'I I FUTURE FANIILY SUITE ` r"f ABOVE GARAGE t DECK I k I DOWN TO FIRST FLOOR - - I 5 t i BEDS BED_. ROAM_ , _ I ----- BEDROOM FOYER -- - 2006 _ ___ -• MARCH 15 , 'i WILLIAM BALKUS ASSOCIATES �R i TIN SOUTH MAIN STRM TOPSFML.D MA 01983 WM13AL,1{LISASSOC@A0L.009 i TEL 978 887 3351. FAX 978 887 9290 I F AMILY S -UITE RENOVATION - G SECOND FLOOR PLAN N , EXISTING T T R E SID E N C E B E N NE L A N E SCALE: 1/8"= 1' 0" S I G H T A V E R N T S ' .�P 4 . 6 T A N D . O V E R M A S S A C H U S E T N 0 R TOTAL SQUARE FOOTAGE FOR DOUSE: 6,248 SQUARE FEET 25% OF TOTAL SQUARE FOOTAGE: 1,562 SQUARE FEET • s TOTAL SQUARE FOOTAGE FOR BEDROOM PROPOSED FAMILY SUITE: 1,072 SQUARE.FEET ' J oo l 1 44,_8 DECK . BATH i f , ----DOWN TO FIRST FLOOR' _ - - PROPOSED FAMILY SUITE (1,072 SQUARE FEET) LIVING 777 BEDROOM BEDROOM BEDROOMFOYER _ -- - --- _. I- - T-- - -- - i MARCH 15 , 2006 WILLIAM BALKUS ASSOCIATES PROPOSED SECOND - FLOOR PLAN 3 TEN SOUTH MAIN STMT TOPSFfUDMA01983WMBALRIISASSOC®AOL.COM SCALE: 1/8"= 1'-0" TEL 978 887 3351 FAX 978 887 9290 4452 - . FAMILY SUITE RENOVATION � r0FMP�P B E N NE TT R E S D E N C E 4 6 R A L E I G H T A V E R N L A N E N O R T H A N D . O V F R M A S S A C H U S E T T S ZONING DISTRICT — R2 LOCUS rnn`1 Required Applicant's Lot �o e -tavern a 1 Lot Area 43,560 sq.ft. Lot Area 44,452 sq.ft. treet ?\&eMax Height 35' Max Height 35' S Lane Street Frontage 150' Street Frontage 197.85' Front Setback 30' Front Setback 68.37' G) Side Setback 30' Side Setback 38.36 Rear Setback 30' F°s Rear Setback 38.40' Required Parking 4 Parking 4 5 Map 107 lot 187 LOCUS MAPN.T.S. N/F 1 j '� James Lampossi 135 Johnny Cake St. � Map 107 Lot 107 LJ N/F �� Sylvia S. Soule 70 Raleigh Tavern Lane FOR REGISTRY USE ONLY Map 107 Lot 186 N/F �'z Lawrence Lunt 0 Map 107 Lot 184 125 Johnny Cake St. N/F Scott Lindquist — D ill Hole 115 Johnny Cake St. S46'27'1 YE �' Fnd) Map 107 Lot 139 249.57' \ N/F 38.40' Par4ing Vincent McEntee 59.3 60 Raleigh Tavern Lane Inground ark1n9 Pool 1 arkin9 , � 2 � + #46 arkin9 v> Concrete 20' SLOPE EASEMENT Foundation do Crawl do Space `A porch 38.36' Drive Map 107 Lot lOfi � I Map 107 Lot 105 68.37' 44,452 sq.ft. N/F 1.02 acres Frances Stiglin 34 Raleigh Tavern Lane o 1 ca O N41'58'00"W 197.85' SITE PLAN Iron Pipe 1"=40' REFERENCES: (Fnd) 1) Deed Book 8958 Page 292 RALEIGH TAVERN LANE 2) Plan #5913 of 1968 APPROVED BY THE TOWN OF NORTH Map 107 Lot 119 ANDOVER ZONING BOARD OF APPEALS N/F Map 107 Lot 118 James & Linda Warren N/F 17 Raleigh Tavern Lane Eric & Rosemarie Loth 55 Raleigh Tavern Lane DATE OF APPLICATION PLAN OF LAND DATE OF HEARING IN DATE OF DECISION NORTH ANDOVER, MASSACHUSETTS Prepared For I certify that the property lines shown hereon are the lines Robert & Eugenia Bennett dividing existing ownership, and the lines of streets and ways 46 Raleigh Tavern Lane shown are those of public or private streets already established, eg and that no new lines for division of existing ownership or for new ways are shown. Prepared By I certify that this plan was prepared in accordance with LeBlanc Survey Associates, Inc. the rules and regulations of the Registers of Deeds. P 161 Holten Street .0 OF MgSs'c / Danvers, MA 01923 VERNON (978) 774-6012 J. LeBLANC N March 8, 2006 Scale: 1 "=40' NO. 33600 ,PGT � o HOR. SCALE IN FEET 1.14-04 0 40 100 200 PROFESSIONAL EAND SURVEYOR DATE North Andover Zoning Board of Appeals Checklist for Applicants: Please note that the first page of the application forms states under"Procedure&Requirements"that..."Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete." Also,please note that the 3d page,#8.,states that ..."It shall be the responsibility of the petitioner to furnish all supporting documentation with this application....Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete." Red (or must be present at application deadline,Thursday, 12:00 noon. 115,0 pV, M--v'Check to"Town of North Andover"for administrative fee for all applications,Variance, Special Permit,Finding. (04 M ' Check to"Town of North Andover#022-17604841"for cost of first class,registered,return receipt($4.64 as of January 8, 2006)x#of names on abutter's list for legal notice5 �O4 X AS 014-IJ "'First class postage stamps x#of names on abutter's list for decision mailing. 6 K-v " 4 copies of abutter's names on mailing labels,no larger than 1"x 2-5/8"(3 copies for legal mailing and one for decision / mailing). 3 O K-M Original Application form(all 4 pages) O 10 copies(all 4 pages) Each applion form(the original,as well as the 10 copies)includes items: 0 Vvo Denial OV— p� W/ Written Documentation[Variance A-F, Special Permit 1-6,Finding A-C] O�eaer of authorization for the applicant to appear before the Board,if the applicant is not the owner 54.Also can include:letters of support from abutters,etc. ADeeds Earlier decisions,etc. `0 M7 V Abutter's List(headed with:"REQUIREMENT:MGL 40A, Section 11...") D 6L O '/ Building elevation(s)and interior floor elan(§of building Rim for new construction,conversionr gronosed change of nse to he signed and stamped by a Massachusetts Registered Professional Architect p Paper size shall be 11'x17'or 17' x22',preferred scale of 1"=40' O1 Plans and elevations shall show all existing work Floor plans for each floor where re-modeling,or converting into living space to outlined in ugoor plans must show all stairways,halls,doors opening into the hall,and exit doors of each and every floor even if no remodeling or converting is to be done Minor projects are decks,sheds,and garages,and the building plans do not need to be signed,sealed,anddrawn by a OIL Registered Professional,but they do need to be included on the Plot Plan showing: - Side view shown to scale Ground to highest point(roof peak)elevation. Page 1 of 2 I i 1 /'1 V, �'" Plan of Land signed and stamped by a Massachusetts Registered Professional Civil Engineer,Registered Professional V Landscape Architect and/or Registered Professional Land Surveyor. 1 Mylar,with a block titled"North Andover Zoning Board of Appeals"including five signature lines _ / underneath and an empty block titled"Registry of Deeds use only" (�d' 11 10 paper copies not to exceed 11"x1T';preferred scale 1"=40'. The Mylar and the paper copies of the Plan of Land include: Site Orientation: ar North point Vioning district(s),with the Table 2 district requirements listed V lames of streets ( 'Abutter's names and addresses of property within 300' radius indicated ,/Property lines and location of buildings on surrounding properties "y abutter's structures within 50'of the proposed structure ,**Wetlands(if present)must be shown � restrictions,easements sad[. Legend&Ghic Aids: :Graphic scales y'T- a of plan ame and address of applicant and/or owner of record w&te of plan 4�r Te,address,and phone number of designer or surveyor. CA- ^'Dimensions of the lot Irl� ercenta a of lot covered structure(s)s /A for R1 4&VR � ,dl� g by �( )� ) Ws istance between all lot lines and closest point of structure(s)(except uncovered stairs) vequired parking spaces roposed features in solid lines,outlined in red Existing features to be removed on dashed lines Minor Project=side view of proposed structure,including ground to roof peak elevation OX Variance Plans of Land should include any topographical feature,such as ledge,rock,peat,natural conditions of water,brook,or river on the parcel that supports the applicant's request for relief. r 94Variance for subdividing a parcel requires the dimensions and area of the surrounding lots from the deed,or plotting f' plan for comparison with neighborhood lots,noted on the plan as such and marked"approximate". I O)(Major Projects are those which involve one of the following: 5 or more parking spaces or 3 or more dwelling units or 2000 square feet or more of building area and further require: o,Detailed utilities • Detailed soils o Detailed topographic information. Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - v,'Ptlands Te^low DEP File Number: WPA Form 5 - Order of Conditions 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 RECEIVED A. General Information JUL 2 1 2005 Important: North Andover When fillip From: ,-,qu,,, r�uu t 9 out forms on 1.Conservation Commission HEALTH DEPARTMENT the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order,of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Bob Bennett use the return a. First Name b.Last Name c.Company key. 46 Raleighg4v840'Lane d.Mailing Address rad North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c. Company d.Mailing Address e.City/Town f. State g.Zip Code 5. Project Location: 46 Raleigh Taven Lane North Andover a.Street Address b.City/Town Map 107A Parcel 106 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 1285 195 c.Book d. Page 5/26/05 bla9/os 7/ao/o S 7. Dates: a.Date Notice of Intent Filed b.Date Plublickiearing Closed c.Dat6 of I uance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site PLan a.Plan Title E. H. A. and Soilsmith Designs Michael Gospodarek, P. E. b.Prepared By c.Signed and Stamped by 5/25/05 revised 6/6/05 revised 6/21/05 1" = 20' d. Final Revision Date e. Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $215.00 $42.50 $ 172.50 a.Total Fee Paid b.State Fee Paid c. City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - WetlandsT�ICL DEP File Number: WPA Form 5 - Order of Conditions 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Buffer Zone Impacts: Shortest distance between limit of project disturbance and S711 wetland S7 -- wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b. linear feet c.linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands --D r DEP File Number: Ll WPA Form 5 - Order of Conditions ��"'�` 242-1316 il Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet s. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d. c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1316 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property.or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1316 " wpaform5.doc• rev.3/1/05 Page 4 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40. C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work asspciated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Page 5 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions ��"'a"I 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: No,+ ) AnAovErWQ-N�.ds �a �� o� t3vlwa C� 17S a.Municipal Ordinance or Bylaw b.Citatidh Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. that the following additional conditions are necessary to comply with a municipal ordinance or a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more C. The special conditions relating to municipal ordinance orb law are as follows: space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 ATTACHMENT TO THE DENIED ORDER OF CONDITIONS 46 Raleigh Tavern Lane North Andover, MA 01845 DEP File #242-1316 THIS DENIAL ORDER IS BEING ISSUED UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (WPA) AND REGULATIONS (310 CMR 10.00) AND THE NORTH ANDOVER WETLANDS PROTECTION BYLAW AND REGULATIONS (CHAPTER 178 CODE OF NORTH ANDOVER). I. FACTS & FINDINGS The applicant, Bob Bennett,filed a Notice of Intent with the North Andover Conservation Commission (NACC) on May 26,2005 for the construction of an addition to an existing single family dwelling,relocation of a driveway and the replacement of a subsurface sewage disposal system with associated grading within 100-feet to a Bordering Vegetated Wetland (BVW). The proposed work is located approximately 57 feet at its closest point to the BVW. This work includes grading associated with the proposed driveway. The addition is proposed approximately 90 feet from the BVW. A legal notice was published accordingly in the La7vrence Eagle Tribune,and a public hearing was opened on June 8, 2005 (within 21 days from the date of filing). At the June 8th public hearing,the applicant's representative, Doug Smith of Soilsmith Design,was present to explain the proposed project. During this hearing,the NACC had determined that the plan submitted was insufficient and did not meet the minimal plan requirements as identified on the "Application Checklist" (Appendix A) pursuant to section 178.4 of the Bylaw and section 4.3.2 of the bylaw regulations. Specifically,plans were not stamped and signed by a duly qualified Registered Professional Civil Engineer and/or Registered Professional Land Surveyor of the Commonwealth of Massachusetts (whichever expertise is applicable). In addition,plans did not show proposed grading, which is also required under the same provision of the bylaw and regulations. Therefore,the NACC requested the applicant to revise the plans to comply with the bylaw and request a continuance to the next regularly scheduled public meeting date of June 29,2005. During the public hearing of June 29,2005, the applicant's representative presented revised plans in compliance with the Bylaw and bylaw regulations as requested. The commission felt satisfied that the revised plan reflected the requested changes. However,the Commission was concerned that unauthorized work had commenced on the site. Specifically,it had been observed that the entire existing dwelling had been razed and other work activities had commenced. This information was not discussed at the previous meeting. The Commission had asked the applicant's representative if this was indeed the case and questioned why this information was not mentioned at the previous meeting. The Commission also questioned where the new house would be located on the site, as it could impact the accuracy of the submitted site plan and the project. The applicant's representative failed to offer any information in this regard. As such, the Commission motioned to close the hearing and issue a decision in 21 days. II. DECISION: DENIAL As described in the Notice of Intent,the applicant was seeking an Order of Conditions authorizing construction of an addition to an existing single family dwelling,relocation of a driveway and the replacement of a subsurface sewage disposal system with associated grading within 100-feet to a Bordering Vegetated Wetland (BVW)under the MA Wetlands Protection Act(M.G.L. 131 §40) and the North Andover Wetland Protection Bylaw&Regulations (c.178 of the Code of North Andover). In accordance with 310 CMR 10.05 (6) (c),the applicant must submit information sufficient to describe the site,the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Similarly,in accordance with section 178.5 (c) in the Bylaw and section 8.2 of the bylaw regulations, the applicant shall have the burden of proving by a preponderance of credible evidence that the activities proposed in the Notice of Intent will not cause adverse impacts to any interests and values sought to be protected by the Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be sufficient cause for a denial. After careful review of the information presented by the applicant's representative at several public hearings and field site review,the NACC closed the hearing. At the July 13,2005 meeting,a motion to deny was made and a 3-1-1 vote was rendered in favor of the denial. The proponent's request to construct an addition, driveway,and septic system with associated activities,as depicted on the site plans entitled,"Notice of intent Plan for 46 Raleigh Tavern Lane',prepared by Soilsmith Designs, dated May 25,2005,revised through June 21,2005 as filed under the MA Wetlands Protection Act (M.G.L. 131 §40) and Regulations (310 CMR 10.00) and the North Andover Wetland Protection Bylaw &Regulations (c.178 of the Code of North Andover) was DENIED.The decision failed to contain the majority of the vote for an approval;therefore,the decision is considered denied. The proponent misrepresented existing site conditions and failed to submit all relevant information to the Commission. The proponent failed to demonstrate compliance with the MA Wetlands Protection Act(MAWPA) and the North Andover Wetlands Protection Bylaw. The applicant failed to overcome the burden of proof (310 CMR 10.03(1)),and demonstrate to the Commission that proposed work would not negatively impact the interests identified in MAWPA, and the North Andover Wetlands Protection Bylaw. The proponent failed to satisfy the Commissions request to provide relevant information on the project to render an approval in the interests of protecting the interests of the resource areas pursuant to the Act and the Bylaw. As such,the proponent failed to demonstrate compliance with 310 CMR 10.05(6) (c) and section 178.5 (c) in the Bylaw and section 8.2 of the bylaw regulations. Consequently,no work is permissible at 46 Raleigh Tavern Lane,North Andover in lieu of this Denial Order,unless and until superceded by the MA Department of Environmental Protection or a new Notice of Intent is filed and subsequently approved by the Commission. III. RECORD DOCUMENTS Notice of Intent filed by: Bob Bennett(Applicant) 46 Raleigh Tavern Lane North Andover,MA 01845 Received Date May 26,2005. Plans prepared by: Soilsmith Designs 15 Foxberry Drive New Boston N.H. 03070 2 Entitled, "Notice of Intent Plan", dated May 25,2005 revised through June 21,2005.Stamped&Signed by Michael Gospoderek, P.E. 3 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ( DEP File Number: WPA Form 5 - Order of Conditions��''a` 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7 condition pursuant to General Conditions#4, from the date of issuance. 1. Date Issu nce Please indicate the number of members who will sign this form: Lel This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ho5l i Notary Ack owledgement Commonwealth of Massachusetts County of Essex North 3 3"J X00 S Day On this of Month Year Before me, the undersigned Notary Public, %5c 0' + Mc ISse personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town oar PALIC 4LQ4-,-e-�� 20 EwA88A T ignature of Notary Public ZZA Printed Name of Notary Public Place notary seal and/or any stamp above �ch,Ex /a�� My Commissi fres(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on ((by certified mail, return receipt requested,on Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' DEP File Number: WPA Form 5 - Order of Conditions�a 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Ll\ol Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1316 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted.on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1316 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc- rev.3/1105 Page 9 of 9