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Miscellaneous - 69 SOUTH BRADFORD STREET 4/30/2018 (3)
' 69 SO BRADFORD STREET 210/103.0-00340000.0 69 South- d Street I t F Minutes: January 21, 1993 �10RTq 3?°° BOARD OF HEALTH � 120 MAIN STREET TEL. 682-6483 "' NORTH ANDOVER, MASS. 01845 FILE Ext. 32 ,SS�cNuSEt 69 South Bradford Street - Guv Bardacino: Mrs. Starr briefly updated the Board by stating that in 1990 there was n approval of plans for that site with variances, however three of the variances were from Title V and as far as she can tell it was never sent into the State and now the owner has a prospective buyer and wants to sell. Mr. Bardacino was not scheduled on the agenda, but stopped by and requested to speak with the Board Members regarding the problem he has on South Bradford Street. Mr. Bardacino stated that when he purchased this property one of the conditions was that the purchase of the front house is to be clear and free. Mr. Bardacino stated that Dave Zalogo went around with him to the different departments and got all the signatures required. At the present time, Mr. Bardacino has a prospective buyer and went to pull a permit and was stopped. Mr. Bardacino stated he does not know what is going on and wants the Board to clarify it. Mr. Bardacino wanted to know why the Form U was all signed and ready to go in 1990 - he stated that if he went to pull the permit then it would have been issued. Mrs. Starr stated - first of all Form U's are only good for a limited amount of time, septic plan approvals are only good for two years and the plans back in 1990 do not meet current regulations, they also do not meet Title V State Regulations. Mr. Osgood stated that the Board of Health granted the variances to local regulations and he then was referred to apply for State variances. Mrs. Starr agreed but then stated that this was never done. Mr. Osgood stated that the Board did not want the house to be torn down. The only way this house can ever be fixed is with these variances, otherwise the house would have to be torn down stated Mr. Osgood. Mrs. Nelson asked, "is it in the watershed district"? Mrs. Starr responded, "yes it is". Mrs. Starr stated that one of the variances for Title V was distance of leaching facility to a tributary to the reservoir (90 feet according to plan and the regulation is 325 feet) , this was approved by the Board - but it does not meet the 100 feet or Title V. The distance of a leaching facility to a subsurface drain, Title V requires 25 feet, and it's 20 feet on the plan and the break out was only 60 feet instead of 150 feet and those are definitely State Regulations plus the watershed stated Mrs. Starr. Mrs. Starr stated that she spoke to Phil Christiansen, the f pORT1, 1 °`"OLD , BOARD OF HEALTH i o 120 MAIN STREET TEL. 682-6483 �9ssACNUSNORTH ANDOVER, MASS. 01845 Ext. 32 Minutes: January 21, 1993 engineer and Prequested a new plan - still to this date she does not havd a new plan. Dr. MacMillan asked if this is a repair of an existing system. Mrs. Starr stated that this has been abandon for a number of years. In the technical sense, I could say it is a repair stated Mrs. Starr. Mr. Osgood stated that the problem was that there is no way with the land that the house is sitting on, even without the subdivided land in the back, that house can have a septic system built on it and meet todays codes - there has to be variances. Mr. Osgood stated that the question that came before this Board was - are we going to save the house or say "no" and have the house torn down. The decision was made to try to do something to save the house stated Mr. Osgood - but nothing was done. Mr. Osgood stated that the whole idea was predicated on the fact that this was going to go ahead - but that did not happen. Mr. Osgood told Mr. Bardacino that his problem is that did not happen and he is stepping into the middle of something. Mr. Bardacino asked "whose fault is it that this did not happen?" Mr. Osgood stated that he did not know but it's not the Boards fault. Mrs. Starr stated that usually the process after you get a variance from the local Board of Health, the engineer will submit a letter to the State. Mr. Bardacino stated that as he understood it, when he took possession of the property this house was free and clear. He stated that it was presented to him that it was part of the legal settlement with the Town with the previous owner of the property that this front house was ready to go. Mr. Osgood stated that what the settlement was back in 1990 - there was an original subdivision plan for a number of houses to be built and part of the discussion was - what is going to happen with the house in the front. Mr. Osgood stated that all these variance were suppose to go right ahead and get State approvals, the Board of Health did their part but because of economic conditions the owner never did anything. Mr. Bardacino stated that his problem is that his bank, which is holding a mortgage on the whole parcel, is forcing him to sell this house. Mr. Osgood stated that the Board's understanding at that time was when Mr. Bardacino purchased this land from John Magury he was going to go right ahead - and now it's two years later. Mr. Bardacino asked the Board if he at the time in 1990, went to pull a permit would I have been issued the permit? Mrs. Starr V40PTr, 1 3?01`4010 °�° BOARD OF HEALTH , 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 Minutes: Januray 21, 1993 stated if you received the variances from the State. Dr. Rizza suggested that the Board tell Mr. Bardacino what has to be done to comply. Mrs. Nelson stated that Mr. Bardacino mentioned an issue on a court case and remembers something that was settled before going to court on zoning issues - but can't recall, but will look into it. Mrs. Nelson stated that a new plan has to be submitted and the plan must come as close to the regulations as possible. Ms. Conboy stated that whatever State variance there are will have to go to the State. Dr. Rizza asked what the variance procedure for the State. Ms. Conboy stated that the engineer submits a letter to the State and the State has 45 days to respond. Mr. Osgood stated that when it goes to the State it should indicate that the Local Board of Health approved it and that the house has a historical significance and why the Board approved it. Mr. Bardacino wanted to know what he has to do. Mrs. Nelson stated to get an engineer and submit plans. Mr. Bardacino asked if the old plans can be resubmitted. Mr. Osgood suggested that Mrs. Starr speak with Phil Christensen about the plans. Mr. Osgood stated that he thinks Mrs. Nelson is right about the settlement on zoning issues because it this plan states it has to be 100 feet from the wetlands. Mrs. Nelson believes that all of them met together on this back in 1990. Mr. Osgood believes that everyone sat down and decided. Mrs. Nelson believes it had to do with a common drive way, etc. Mrs. Starr stated that she searched back in the minutes which states - the zoning board has approved the zoning for 325 feet, Mr. Osgood suggested that the Board should seek legal advise, and the lots concerned are #3, 4 & 5 South Bradford. Mr. Osgood believes the zoning issue was resolved and Mrs. Nelson agreed. Mr. Bardacino has to do the following: 1) Get engineer to submit plan 2) Submit letter to State requesting variances Mrs. Starr stated that what bothers her is that the variances were not specifically addressed. Ms. Conboy stated that it has to spell out what variances are granted. Mrs. Starr also stated that it didn't even specifically state what plan or what date. Mrs. Starr stated that if it is a variance to Title V you have to f ,10RT1� 1 3Z o`' ``o'•' °°� BOARD OF HEALTH 10- A 120 MAIN STREET TEL. 682-6483 9SsACHU � NORTH ANDOVER, MASS. 01845 Ext. 32 Minutes: January 21, 1993 have a hearing and notify the abutters. Mr. Osgood corrected Mrs. Starr by saying - that is not on repairs - told Mrs. Starr to look at Title V and he believe it will say that does not apply to repairs. Mrs. Starr will check it out. Ms. Conboy stated that installers have argued that when it is an emergency repair it does not have to go to Title V and it does not require a hearing but the State says you do have to have the hearing and the notification of abutters. CHRISTIANSEN & SERGI, INC. Professional Engineers and Land Surveyors 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508) 373-0310 February 28, 1990 North Andover Bo-=-(rd of .Health 120 Main Street North Andover , MA 01845 Re : Septic System Repair Design for 4469 South Bradford St . Dear Members: Enclosed ar-e two copies of a .septi c system repair design for . the house located at 69 South Bradford Street . The following is a list of variances from Title V. and the North Andover septic system rules that are necessary due to the physical constraints on the lot . 1 . Minimum. setback from leaching facility to tributary to reservoir : Title V requirement =. 100 feet North Andover requirement = 100 feet proposed distance = 90 feet 2. Minimum setback from leaching facility to wetland: North .Andover requirement = 100 feet proposed distance = 63 feet 3. Design flow: North Andover requirement = 150 gal/bedroom proposed design flow = 110 gal/bedroom . 4. Minimum setback from leaching facility to subsurface drain : Title V requirement = 25 feet North Andover requirement = 100 feet Proposed distance = 20 feet 5. Minimum setback from leaching facility to top of downhill slope : Title V requirement = 150 times the slope North Andover requ.irement = 150 times the slope proposed distance = 60 times the slope North Andover Board of Health Page 2 Please note that the existing lot lines will be changed to accommodate the proposed septic system. The plan that will create the new lot lines will be completed upon the approval of this repair design . Very truly yours, Philip G. Christiansen PGC/k s Enclosure f f A0RTI, 1 mB OARD OF HEALTH s _ � * ' # 120 MAIN STREET TEL: 682-6483 SSACHUCH NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 9SEt April 30, 1990 Mr. John McGarry Coolidge Construction Company 401 Andover Street North Andover, MA 01845 Dear Mr. McGarry: This is to inform you that the North Andover Board of Health voted at its meeting on April 26th to grant variances from its regulations for the construction of septic systems at 69 South Bradford Street and on Lot#3A South Bradford Street. It was voted to handle the system at 69 South Bradford St. as a repair to an existing system and that the design will be worked out between your engineer and the Board's sanitarian. It was also voted to exempt Lot#3A from the requirement that the septic system be 325 feet from a wetland and that the system can be built no closer than 100 feet from a wetland. The Board of Health requires that both Lot #3A and 69 South Bradford Street be connected to the municipal sewer system as soon as that system is extended to South Bradford Street. In order to insure that any new owner of these properties is aware of this requirement, the Board requires that a statement to this effect be included in the deed. Sincerely, Gayton Osgood, Vice Chairman cc: Conservation Commission Planning Board Building Inspector C.D. Director 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 sec"4-Phone ttion***************** APPLICANT: �,-� v �' �1i�r iL �D �`1� ���I _ LOCATION: Assessor's Map Number /03 Parcel Subdivision Lots) 2/� Street St. Number _ - ************************Official Use Only************************ RECOMMENDATIONS OF TOWN AGENTS: Date Approved Conservation Administrator Date Rejected Comments Date Approved Town Planner Date Rejected Comments Date Approved Food Inspector-Health Date Rejected w Date Approved / 7 1 Septic Inspector-Health Date Rejected Comments %E/�J,P. 5e5-1-9171-c: �E/>%�i�. %lam T/E int/ -U C���� ' Public Works - sewer/water connections - driveway permit Fire Department Received by Building Inspector Date a l: NUISANCES 111 § 128A , Library References d'. I Hcalth and Environment X38 to 43. ;a C.J.S. Health and Environment 0 49,bo, 51, 114, 134, 180, 151W167. I2 R Land covered b Subdivision slop plan; application of state environmental code 1 Wherieve:r a person has submitted a subdivision plan, or apreminary subdivinion plan which is followed within seven months by a defin tive plan, or a Xylan referred to in section eighty-one P of chapter forty-one, the land shown on such plan shall be governed by provisions of the state environmental code, or of the provisions of local board of health regula- tions which differ from said code, which are in effect at the time of first submission of said plan. Said provisions shall apply during the time-such t; plan is being processed, including the time required to pursue or await Oe deb.-rmination of an appeal al relative to said plan, If such plan is approved, sit.-mit•ig found such aproral under the subdivision control �, ;.t;: t. law is not lrequired, such —' provisions shall a ly�or' a p riot"orsec, i; years from the doll othe_cndorsemen__such approval arrom LFie_ _ ►: er1.dor$e;nc�iit�.xl�; yFRl. uii<1 i 1 on r ,— � ` �'1• Ceq_uireC.. ��-•� a��.not Added by St-1981, e. 754 § 1. Historical Note i, St.1981, e. 750,§ 1, was approved Jan. 2, "Section one shall apply to subdivision i. : 196e plans submitted after the effective date of Section 2 of 61.1981, a 750, provided: this act." 1 i Library;. Y References Municipal Corpuration9 X43. ' E ip, ("'Is, Municipal Corporations 0 83, 84. 128. Repealed by St.19541 c. 209, 9 1 ! Historical Note '! ' `•' ``r The repealed section,relating to the evic• G.S1860, e. 26, 6 11. 1 tion of persons from dwellings, buildings, P.5.1882, c. 80, 6 24. `;. WiNnCnts or other places unfit for occupan• R.La902, c, 75, 6 71, t ey, was derived from: St-1943, c. 468. I St.1850, r., lUii, St.1947, a 631, § 2. 128A. Filling of sites of demolished or removed buildings 'i'►;, The board of health may adopt arid, from time to time, revise regula- �4` tions requiring that the site of a demolished or removed building or j; 887 i �X9�'a1i �D 041 ��D- /UCS S�Ec%moi c F�D1�•E'G ss/NG D/" V/�R/l�/U�5. �. /iVcGE�5_s9,4?'j/ CL, b lsT/��/1/� �D�LF/�G/�//lJG �-i�G/G/TS/ ZO Tz su,6_S_���� CE -DRRi� 115- ��1 " �� c} ^$ u7- - p X I I Is kea cd -- - - - - yvor --- NC Gc� GcJ�%�/�NDs J��L/iyE/�T/aN D,3('7 -- - 76 DP /A/ '4� 0 T -- — -_ --�-�—, Arp/°�/a�' ��F '3a� � ��r v�✓�. — /���/�7d/c_/1/Q1'ir���9//at/ zoo -Ty �� r . March 29 1990 !eeting opeaned at 7 : 30 P.M. resent were Dr. MacMillan and Gayton Osgood. 3oard Members p a air,;,an.3ealth Inspector Stephany Foley was present. the minutesof the previous meeting were not available for approval. n Ro ers of Lot 14 Salem St. was granted approval to screen in 1:-Dog an existing deck that was mistakenly installed within one foot of a 1Septic Tank. 2:- Coolidge Construction sought a variance from the 325 ft. regulation or Water Shed areas. They stated that because they were in litigation f with 325 ft. with the Planning Board, they should be exempt from complying regulation. Gayton Osgood said that because only perks and deepholes reg ulation were done before the regulations came into effect, the 325 ft. reg should hold. Coolidge Construction wants to change lot lines for two air. The Zoning Board has approved the zoning for 325F t. lots and one rep ood said the Board should seek legal advise in this matter. The Lots Mr. 0s g d -St;. The concerned are 3 , 4 &5S. Bradford St. and 69--5 Br-ad-for unanimous-ly- voted, to -approve-=the--p-l-an-tor--6 9 :S:Bradford -St•. t Coolidge Construction submitted---a Se -approval -for---69 S.--Bradford St. -- - - - ice of Town Council. Lot 3 ,4 , &5 were disapproved pending adv Lill 3:- The Board voted to discontinue issuing permits for methyl alcohol. 4•- The 5 year plan submitted to Karen Nelson by Gayton Osgood was re- viewed and discussed and foA to be sufficient. Board 4;- The nomination of an Animal Inspector was discussed. The ill uire Dr. Atwood, the current inspector to -appear before the w re q Board at the next meeting,April 11 at 7 : 30 P.M. The meeting adjourned at 9 : 30 P.M. ealth Z� Clerk Board of . ,j seting opeaned at 7 : 30 P.M. :;oard Members present were Dr. MacMillan and Gayton Osgood. Chair,-, an iealth Inspector Stephany Foley was present. 'he minutesof the previous meeting were not available for approval. L is-Don Rogers of Lot 14 Salem St. was granted approval to screen in ,1- 3n existing deck that was mistakenly installed within one foot of a Septic Tank. 2:- Coolidge Construction sought a variance from the 325 ft. regulation for Water Shed areas. They stated that because they were in litigation hind with the Planning Board, they should be exempt from complying with 325 ft. regulation. Gayton Osgood said that because only perks and deepholes were done before the regulations came into effect, the 325 ft. regulation should hold. Coolidge Construction wants to change lot lines for two lots and one repair. The Zoning Board has approved the zoning for 325Ft. Mr. Osgood said the Board should seek legal advise in this matter. The Lots concerned are 3, 4 &5S. Bradford St. and 69 S. Bradford St. The Board unanimously voted to approve the plan for 69 S.Bradford St. Coolidge Construction submitted a Septic Plan for 69 S. Bradford St. approval (as a repair) Lot 3 , 4, &5 were disapproved pending advice of Town Council. 1 alcohol. 3:- The Board voted to discontinue issuing permits for methyl 4:- The 5 year plan submitted to Karen Nelson by Gayton Osgood was re- viewed and discussed and foA to be sufficient. 4:- The nomination of an Animal Inspector was discussed. The Board will require Dr. Atwood, the current inspector to appear before the Board at the next meeting,April 11 at 7 : 30 P.M. The meeting adjourned at 9 : 30 P.M. ------ Clerk Board of ealth �- rN MD ' t i I r' MA12c.H a�, iq�t� o P.M. czetingP eaned at 7 : 30 ton Osgood. :.....: ;oard Members present were Dr. MacMillan and Gay Foley was present. �* ?ealth Inspector Stephany approval. ous meeting were not available for PP he minutesof the Previproval to screen in m St. was granted ap of Lot 14 Sale 1:-Don Rogers installed within one foot of a ?< isting deck that was mistak an exenly regulation Septic Tank. "9 t. construction sought a variance from the 325 litigation Coolidge Cons were in She areas. They stated that because they with 325 ft. for Water S should be exempt from complying Board, they holes a with the Planning perks and deep holes said that because only P regulation. Gayton Osgoodthe 325 ft. regulation were done before the regulations came into effect► of lines for two should hold. Coolidge Construction wants to change 1 Zoning for 325Ft. as approved the The honing Board h The Lots lots and one repair. this matter. the Board should seek legal advise in Mr• Osgood said d 69 S• Bradford St. `The-"Board Bradford St. an are 3 ,4 &5S. __— _ Coolidge concerned -___---- Bradford St votedtcs aPProve- the plan for 69 S approval unanimous=ly for 69 S. Bradford St. PP Septic Plan • roved pending advice of Town Council. Construction submitted a Sep (as a repair) Lot 3 , 4 ,&5 were disapproved � e issuing permits for methyl alcohol. The Board voted to discontinu • Nelson by Gayton Osgood was re- 3:- 4•- The 5 year plan submitted to Karen and discussed and foA to be sufficient. viewed ector was discussed. The Board of an Animal Insp 4;- The nomination ector to appear before the ill .require Dr. Atwood► the current insp w 30 P.M- B oard at the next meeting,APril 11 at 7 : The meeting adjourned at 9: 30 P•M• Clerk Board of eal tehJ TO' +�. F O DAT- TIME AMI r OF _ r rENS, or LU F A' C c� s+, MW.CALL aav ' " I �- c rgr's r6 „w AMPAD NO.23-176-400 SETS t r `►a� ❑ I NO.23-376-200 SETS I Mr. Neilson, 947 Great Pond Rd, wanted information on raising chickens and was told that he would have to get zoning approval*from the Planning Board and that he could have no more than 7 birds. (*The zoning law con- cerning this is 4: 1216c. ) Dr. MacMillan said that Mr. Neilson' s abutters must be notified. The possible addition of an intern for the Health Office was discussed. The Board was informed of the asbestos problem at 65 Beverly Street. The Department of Labor and Industries are involved in it. The Board will take no legal action. Coolidge Construction sought a variance for Lot 3a South Bradford St. to allow the installation of a septic system less than 325 ft. from wetlands in a watershed area. Gayton motioned to grant the variance with the requirement that the `lot be -connected to the sewer lines once the lines are installed on So. Bradford St: This will also be required of Lot 69 So. Bradford. The deeds must clearly require this. Lot 2a So. Bradford received no variance. The Board agreed that it must be consulted regarding the hiring of a new septic consultant. The meeting adjourned at 9: 30 pm. ClArk, Board of Health 7 May 24 , 1990 The meeting came to order at 7 : 45PM. Board members present were Gayton Osgood, John Rizza and Frank Mac- Millan. Stephanie Foley was also in attendance. Ellen Daley of 258 Bridges Lane, sought a variance from Title V. Gayton Osgood stated that the Board will grant the variance of 10 ft. subject to Mike Rosati ' s apporval, (their pool will be 10 ft. away from their leaching field rather than the requested 20 ft. ) Lead Paint screening was discussed. The testing, costing $5-$10 , is mandatory, according to state regulations, but should be handled by Pediatricians ' offices and not the local Boards of Health. Dr. MacMillan felt that there was no need for the Board to take action in the lead screening of school aged children. r .,....... 4-1 — - -..-... Dl (` u7Aq (il Cf`11C qP(9 Tbp mmm.■=s m==� �CC��CC����Cmm � ammo emm mmmm =mom=== mmmm �mm��n�mmmmmmm mmmmmmmm-mm mmmm mmmm mmmmmmmmm mm mm m I mm m■■mmmmmm■ mm mmm mm mmm mm mm W, w mmmmmmm mmm mommmmmmmm M mmmmmm mmmm mmmmmmm��� ��mmmms �mmm� mmmm mm mmm mmmmmmmmmm������ ...����MEs����mm y a I _ t 3 NORTH ° °��� BOARD OF HEALTH ^a 120 MAIN STREET ��Ss�c►+usE��h NORTH ANDOVER, MASS. 01845 TEL. 682-6400 MAR 13 , 1985 Re : Proposed renovation i Mr. Charles Foster P - Building Inspector Coolidge Cons . Co. No.Andover, Mass . 69 So Bradford St. Dear Mr. Foster: 4 i It has come to my attention that Coolidge Construction Co. will be requesting a remodeling permit for the above-listed property. ---- - Please be aware that this existing residence is within 100 feet of a tributory to„ the reservoir and there are other serious limitations that may make it impossible to provide a satisfactory septic system for the resulting increase in occupancy. - We would appreciate it if you would refer any applicants to this Board for approval before any constuction permits are issued. Very truly yours , Michael Graf Inspector mg;mj uv1T1 bzrd do&- lr wkc 5 erv5rr sys r�v-” o K. i 4 i n,r i NORTH Ot�ttn e•v1' O BOARD OF HEALTH Ai 120 MAIN STREET TEL: 682-6483 �9ssAcHUSENORTH ANDOVER, MASS. 01845 Ext. 32 or 33 {t oOM 1 '1 To: Mr. James Gordon, Town Manager From: Board of Health Subject: Building lots on S. Bradford St. Date: April.2, 1990 Dear Mr. Gordon, We request that Town Council give us an opinion on a question we have regarding three lots owned by Coolidge Construction Co. that are located on South Bradford street near the intersection with Great Pond Road. These lots are all within the watershed district as defined in the Zoning By-Law. On Thursday March 29, 1990 represenatives of Coolidge Construction Company appeared before this board to ask for consideration of the approval of septic systems for three lots. Our regulations now state that all septic systems that are within the watershed district must be at least 325 feet from a wetland or a tributary to the lake. The systems in question do not meet this requirement. Coolidge Construction asks that we concider granting approval of these systems under our old regulations that require the systems to be 100 feet from a wetland or tributary. Their reason for asking for this concideration is that deep water and percolation tests were done prior to the instution of the 325 foot rule and that during all of the time since the tests were done Coolidge has been involved in litigation with the Town and has therefor not been able to proceed with their plans. It is the position of this board that although tests were done on these lots prior to instution of the 325 foot rule, no plans were submitted to the board until Febuary of 1990 and therefor the 325 foot rule applies. We are of the opinion that in order to be approved, the septic systems must comply with all regulations in force at the present time or that a variance from this board must be obtained for any deivations from current regulations. y, i TOWN OF NOR'T11 ANDOVER REQUEST FOR LEGAL SERVICES DATE :_��5j90 NAME.._ Stephanie J. L. Foley TITLE : Heath Sanitarian COMMITTEE/DEPARTMENT Board of Health I DESCRIPTION OF REQUEST : ( Include such information as " request for legal opinion" or "relates to pending litigation . " Is this a request of a committee or an individual member ' s concern ; and is the request high - low priority and explain why . Please attach all relevant dQcumentatoil We are requesting a legal opinion on lots owned by Coolidge Construction Cc on S. Bradford St. (See attached letter to James Gordon) . The board and myself feel that this is of high priority— Please return attached plans. TIME FRAME: ( By what date is a response needed ; Please explain. ) Please respond by 12 : 30 p.m. April 10 , 1990. SUBMIT COMPLETED REQUEST FORM TO OFFICE OF SELECT14EN FOR PROCESSING Your request for legal services relative to was : Forwarded to 'Town Counsel Date : Returned Date : Reason: 1'owti Ha_nayer i The following cronology of events may help Town Council in rendering an opinion on this matter. Febuary - March 1985 Deep water and percolation tests were done on the lots in question. r October 1985 Coolidge Construction litigates against the Zoning Board of Appeals and the Planning Board. June 23 1988 Board of Health approves new regulations for the watershed district after publication in a local newspaper. February 1990 Coolidge Construction submits septic system plans to Board of Health. Plans do not meet the 325 foot rule. March 29, 1990 Coolidge Construction appears before the Board of Health asking for consideration under old regulations. Sincerely, Gayton Osgood, Vice Chairman cc: C.D. Director Town Planner Conservation Commission Building Inspector AMPAD NO.23-176-400 SETS NO.23-376-200 SETS r0 - --- - ---- -- .- - DAT FROM k LIJ - iSIGNED r -� L_J AM PAD NO. SETS NlO.23-376-200 SETS A t) -s r COVENANT KNOW ALL MEN BY THESE PRESENTS, that Guy Bardascino and Valerie S. Bardascino, hereinafter called the "Covenantors" , are owners of land situated in North Andover , Essex County, Massachusetts , by deed dated September 10 , 1991 and recorded with the Essex North District Registry of Deeds at Book 3315 Page 98 , and more fully described as follows : Lot 2A, 3A and Lot 4A as shown on a plan of land entitled "Plan of Land in North Andover , Mass . Recorded owner and applicant Mill Trust . Scale : 1 = 40 ' May 7 , 1990 Christiansen & Sergi Professional Engineers Land Surveyors , 160 Summer Street , Haverhill , MA 01830 , Tel . (508) 373-0310" . Said plan has been recorded with the Essex North District Registry of Deeds as Plan No. 11778 . WHEREAS, the Covenantors intend to develop, improve, and offer for sale the above described parcels ; and WHEREAS , the Covenantors desire to provide for proper ingress and egress for each of the above described parcels . NOW, THEREFORE, in consideration of the premises and the covenants and conditions herein contained, THIS COVENANT WITNESSETH that the Covenantors do hereby impose upon and charge the said Lots as above described with the?,'covenants , agreements , easements , restsrictions , conditions and charges hereinafter set out . 1 . The Covenantor expressly grants :to their successors and assigns in title to Lot 3A as shown on the above referenced Plan, a perpetual right and easement appurtenant to said Lot 3A, to use and pass over for ingress and egress the following parcel of land which constitutes a portion of Lot 2A as shown on said Plan, and which is bounded and described as follows : Beginning at a point at the northerly corner of Lot 2A where Lot 3A, Lot 2A and Bradford Street intersect, thence running: Q WESTERLY : Along the common property line of Lot 2A and Lot 3A; one-hundred (100 . 00 ' ) feet; thence turning in a 90 degree angle and running SOUTHERLY: Into Lot 2 , ten (10 . 00 ' ) feet ; thence turning in a 90 degree angle and running EASTERLY : In a line parallel to the common property line of Lots 2A and 3A, a distance of ninety-seven and ninety-one one-hundredths ( 97 . 91 ' ) feet , more or less , to the property line intersecting Lot 2A and Bradford Street ; thence turning and running 1 . I x _ ti NORTHERLY : Along the property line of Lot 2A and Bradford Street , ten and twenty-one one- hundredths (10 . 21 ' ) ,I feet , more or less, to the point of beginning . 2 . The easement granted herein provides Lot 3A with an easement over the aforementioned portion of Lot 2A for all purposes of ingress , egress and for all other purposes and rights which are customarily and normally appurtenant to the uses of driveways and rights-of-way . 3 . The owners of Lot 3A shall hereinafter have the right and obligation of repairing and maintanining the easement premises . 4 . The easement and covenants herein shall run with the land an title of both Lot 2A and 3A, in perpetuity, and shall be valid and binding upon all heirs and assigns of the title thereto. IN WITNESS WHEREOF, the said Guy Bardascino and Valerie S. Bardascino have signed, sealed, acknowledged and delivered these presents this day of 1992 • GUY BARDASCINO VALERIE S . BARDASCINO e COMMONWEALTH OF MASSACHUSETTS SS . 1992 Then personally appeared the above named Guy Bardascino and acknowledged the foregoing instrument to be his free act and deed before me Notary Public My commission expires : COMMONWEALTH OF MASSACHUSETTS SS. 1992 Then personally appeared the above named Valerie S. Bardascino and acknowledged the foregoing instrument to be her free act and deed before me i Notary Public My commission expires : 2 . q�� ��2 ---- - -- �- � _ _ _ _ �lo�; -�. _ -. __��_-mss___ - - ---. — _ _ _ - - - �-- 6�a�li�o-�1- �i����r����r� —� _�r��i��- ��i GJoy�i�� ---- - _ _ _ _ _ _ ___ FORM U TOWN OF NORTH ANDOVER LOT RELEASE FORM SUBDIVISION ASSESSORS MAP SUBDIVISION LOT(S) PERMANENT ADDRESS SIGNED BY D.P.W. S�- STREET�, APPLICANT Gvy Al? d<-.5 Cin o d, �P�c( HONE <? r DATE OF APPLICATION O TOWN USE BELOW THIS LINE N ING BOARD ( A,-��-L � , ,h- DATE APPROVED �O T-OWN' PLANNt1R DATE REJECTED CONSERVATION COMMISSION DATE APPROVED 7/ CONSERVATION ADMIN. DATE REJECTED BOARD OF HEALTH DATE APPROVED V-?/�`e HEAUff4SANITARIAN y -, . DATE REJECTED - cvr' Tz) �9E � �YT7T�0 j��z�vi2 t—c DEPARTMENT OF PUBLIC WORKS1t.S 7C DRIVEWAY PERMIT �u �3ic C G'/;)A;G SEWER/WATER CONNECTIONS —(Z iA) FIRE DEPT. ( t E �C 14 RECEIVED BY BUILDING INSPECTION DATE This form shall be signed by the agents of the Planning and Health Boards, the Conservation Commission prior to the issuance of any building permits for the subject lot. This form shall not releive the applicant from the compliance of any applicable Town requirement or Bylaw. P�� u CMAP# LOT�" STREET _ ..._... ... ... ... APPLICANT _. _.__.__.... .. ................ ..............................i... WATERSUPPL _.' __ .'._-._._. _..___.._. WELL._.-._..._..._-..... ....__._.._.__._._.___._.__.__.._....._......... a�IO SEPTIC SYSTEM DESIGN t� PROVE DATE, 3�J „� APPROVING AUTHORITY P D IGNER ' PLAN DIS. ._.._. DATE-- CONDITIONS:... ........... .....____.-_....................-..........._......................_...-......--.-.................................................... REASONS: ---------------------------------------------------------------- DWC# SEPTIC SYSTEM INSTALLATION EXCAVATION_INSPECTION:, DATE...................._............._._._.._. PASS................_................ .... FAIL._................. .......... INSPECTION PIPE FROM HOUSE TO TANK PASS FAIL APPROVED DATE, -_ APPROVING AUTHORITY INSTALLER ADDITIONAL INSPECTIONS (IF ANY) DISAPPROVED DATE REASONS: ---------------------------------------------------------------- FINAL APPROVAL DATE_.__,.,,,_,,,,,,.,,,_ _ __..... APPROVING AUTHORITY ..........................................._.......... , ~ v ' DA ' /%� - .�f �°� d_, ' L� CHECKLIST FOR PLAN REQUIREMENTS FOR SUBSURFACE SEWAGE DISPOSAL SYSTEMS , TOWN OF NO. ANDOVER BOARD OF HEALTH MARCHv 1990 l~ (Suggested Scale: 1" = 20001 ) 0. Locus identified~ ` 1,-_B. Streetsand names within 1/2 m- le. i___C. North arrow and scale 2~ qQg_Plgn (Suggested Scale: 1" = 201 ) __ Lot to be servedv its dimensions and area. -t~4. ~- . Fronting street. �~ . North arrow and scale. x~� � . Assesso,~» y designation. Abutters r - -ra nd lot numbers. AmIl-FEasements. / Property lines. __Ae,- H. Footprint of proposed house to be served showing !,V/ garage !attached or detached) . _I. Where applicable setbacks to house. °~ _ "lJ. Number of bedrooms. . _ 1-1K° Location and type of material ( if known) of driv^eway. ' _ . Watoer service line from main in street or well. M. Locatimn of existing or proposed well. L_-0. Location of deep observation holes and percolation tests. B. Existing and proposed contours. L--_P. Bench marks (2) and ties to proposed system � leaching facility from bench marks or other � � permanent physical features (stonewaIlsv etc. ) ~ Location and dimensions of system (septic tanh, � pipes and leaching facility) including the reserve area. � Profile and section arrows. � Location of any streams, water bodies, surface and \ subsurface drains, known sources of water supply within 200feet and wetIands within 100-feet v � (locate wetlands, specify type of resource and show 1{)0-foot buffer zone line if applicable) . _ T. Erosion control �_'devices as required by Con. Comm. ,Comm. � Board of Health or Planning Board with detail and �y description of device proposed. 3. DesignnCalcu_la.t ions_and.,Notes. tl-�A. Percolation rate used for design. B. Soil log results - designate various strata depths and description, depth to ledge and/or groundwater if encountered. C. Date of percolation and deep hole tests. D. Number of, bedrooms. '-E. Calculations for leaching area requirements. 4. Profi_Ie of_System (Suggested Scale: i " = 4' ) �A. Finished floor of house. L-`-B. Invert elevations at house, septic tank ( inlet & outlet ) , and distribution box. If applicable for- pump systems, inlet and outlet of pump charaber, and pump bloat switch settings with supporting calculations. C. Length, type and grade of pipe and length of leaching facility. '-'D. Elevation of ledge and/or groundwater. E. Elevation of bottom of leaching facility. �F. Existing and proposed grades. �G. Slope (breakout ) requirement and calculations. �H. Scale. 5. Cross;-Section of System (Suggested Scale: 1 " = 41 ) A. Elevations of various components. _ B. Existing and proposed grades. C. Type, dimensions and stone and system components specifications. _ D. Elevation of ledge and/or groundwater,. E. Elevation of bottom leaching facility. / Dimensions. G. Slope (breakout ) requirements and calculations. H. Scale. 6. Additional Not and Other Details --A. Owner' s name, address and phone number. '----B. Applicant' s name, address and phone number. L-1-C. Engineer' s name, address and phone number. �_D. The designer should indicate any notes or special conditions peculiar to the site of interest to the / Board, Installer or Owner,. __.!'_._E. Plans should be dated. Any revised plans after the initial submission should show a revision date and abbreviated explanation of the revision. ___,__.---F. If a pump system, type, make, model, operation head and pump rates should be provided. All required alarm, power and float switch data should be provided for review and approval. ^ ^ ' ,p ............ ......_G. System components (septictank, D-box, etc. ) details should be provided if other than standard as required from local suppliers. Component spec should be indicated somewhere on the plans for ' standard items. Reviewed and recommended by: a&,, Date �_�- _ REVIEW FORM FOR SUBSURFACE SEWAGE DISPOSAL SYSTEM PLANS TOWN OF NORTH ANDOVER BOARD OF HEALTH OWNER NAME: ...................................................... ADDRESS: .......... PHONE: APPLICANT NAME: ........................................ ADDRESS: PHONE: ENGINEER NAME: ADDRESS: .............. PHONE: PROPERTY PLAN DATA, .............--"*,-,,---"" ASSESSOR' S MAP LUT STREET LOCATION..---4t-? PLAN DATE 19to ....................... ... ........... REVIEW COMMENTS CHECKLIST DEFICIENCIES ..................................................................................................................................................................................... .............. .................................................................................................................................................. .................................................................................................. OTHER - ......................... ------------- ...I............. ............ RECOMMENDATIONS RECOMMENDED DENIAL__.,,.._.__„__.__ S.-- ------__.._-----..__..__._. .............. ................................................................................---............ ......... ........... ....................... ............................ .......................... ...............................-.1.................. ......... ........................ REASONS (CONT. ................................................................................................................................................. ...................................... ........... ................ ............................................... .................................................... ....................................................... RECOMMENDED ....................... .. ................................................................ .............................................................. ..................... ......................................................................................... p r r CHRISTIANSEN & SERGI, INC. MAR Z 1990 Professional Engineers and Land Surveyors 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508) 373-0310 February 28, 1 ?90 North Andover Board of Health 120 Main Street North Andover , MA 01345 Re : Septic System Repair Design for #69 South Bradford St . Dear Members: Enclosed are tth,o copies of a septic system repair design for the house located at 69 South Bradford Street . The following is a. 1 i ..t o-14: variances from Title V and the North Andover septic system rules that are necessary due to the physical constraints on the lot . . . Minimum setback. from leaching fac i 1 i ty to tributary to reservoir : Title V requirement = 100 feet North Andover requirement = 100 feet proposed distance = 90 feel Minimum setback from leaching facility to wetland: North Andover requirement - 100 feet proposed distance = 63. -feet 3. Design f1ov): North Andover requ'ir-ement. = 150 gal/bedroom proposed design flow;','='..;1:10 gal/bedroom 4 . Minimum setback fr6m .;,1each ing facility to subsurface drain : Title V requirement = 25 feet North Andover requirement = 100 feet proposed distance = 20 feet 5. Minimum setback from leaching facility to top of downhill slope : Title V requirement = 150 times the slope North Andover requirement = 150 times the slope proposed distance = 60 times the slope North Andover Board of Health Page Please note that the existing lot lines will be changed to accommodate the proposed septic system. The plan that will create the new lot lines will be completed upon the approval of this repair design . Very ruly Yours}% Phi ip G. Christiansen PGC/ks Enclosure Heavy Duty Submersible Page E-113 t Septic Tank Effluent Pump roe 69 so, &MFoe� ST IVO, 4"310V,9�� Peabodv BaRnes Model EH251 A Size 1 -1/4 Handles 1/2" Solids y Pump Specifications Motor Specifications Size: 1�/<" Discharge, Yz" Suction openings. Motor: 1/3 HP, 115 Volt Impeller: 5-Vane, Reinforced Polypropylene. Single Phase: PSC (Permanent Split Capacitor) Handles Y2" Spherical Solids. completely Oil-Filled and Overload Seal: Mechanical Type with Ceramic and protection in motor. Carbon Faces in Oil-Filled Chamber. Motor Speed: 1550 RPM Motor Housing: Cast Iron. Shaft: '/z" Diameter 416 Stainless Steel Pump Body: Cast Iron Strainer: Polypropylene ! Hardware: Corrosion Resistant Stainless Steel Suitable For: 150°F Liquids Standard Equipment: Equipped with 8'of 16/3 SjT Power Cable. Mercury Level Control with 8' of Cord. Model AMPERAGE. MAX. LOCKED RUN ROTOR EH251 AMPS AMPS 9.0 15.5 8 FL CORD , REF 350 AEF, /.• REF. i; 1 7.50 l j( I \ REF, !v 1C \\—_ .•ISCdcR;E� 67 F ..__ REF. � SUC710.--100000000 ' 1.:s NPTJ ' Di:C—RGE TOTAL HEAD KiTRS LBS F PERFORMANCE CURVE T- IO EFFLUENT PUMP MODEL: EH251 9. HP: .3 VOLTS:115 PH 1 6 20 Hz: 60 RPM: 1550 8 PEABODY BARNES INC. 5 7 IS 4 6 5 LY -0 3 4 10 Ct�I�VE 2 3 2 5 I U.S.GALLONS 10 20 30 40 50 PER MINUTE LITERS PER MINUTE 25 50 75 100 125 150 175 200 rI Peabody BaRnes Form No. 1400-285 651 North Main Street.Mansfield.Ohio 44902 Phone:419/522-1511 Form - L U)ab he , Departmental Referral Form To: Building Inspector Conservation Commission Director of Community Development Department of Public Works, Jim Rand Fire Chief LHealth Agent Police Chief From: Town Planner and/ or Planning Secretary, Planning Office Re: Preliminary Plan Definitive Subdivision Special Permit Site Plan Review Date: 0 A Public Hearing has been scheduled for 7 , 60 P.M. on ��I to discuss the plans checked above. (Preliminary plans do not require public hearings.) The Technical Review Committee Meeting is scheduled for: Thank You. oF of AUGHEALTN 20 Form -L Departmental Referral Form To: Building Inspector Open Space Committee Director of Community Development Director, Public Works Fire Chief, dada th=Age_nt Police Chief From: Town Planner and/ or Planning Secretary, Planning Office Re: Preliminary Plan Definitive Subdivision Special Permit Site Plan Review Dater A Public Hearing has been scheduled for �'� p.m. on Ce r to discuss the plans checked above. (Preliminary plans do not require public hearings.) The Technical Review Committee Meeting is scheduled for: Thank You. t Town of North Andover AORTh OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES POW 30 School Street ^o WILLIAM J. SCOTT North Andover,Massachusetts 01845 "SS,CHUS�`�y Director NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. _,:. Date November 19, 1998 Date of Hearing October 20, 1998, Nov. 17, 1998 Petition of Ronald & Joanne Cuscia Premises affected 69 South Bradford Street Referring to the above petition for a special permit from the requirements of the _North Andover Zoning Bylaw Section 4.136 (watershed special permit) so as to allow to obtain approval to demolish an existing barn and dwelling and reconstruct a new single family dwelling located within watershed protection district After a public hearing given on the above date, the Planning Board voted to APPROVE the WATERHSED SPECIAL PERMIT based upon the following conditions: Signed CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman ,,Health Sanitarian Assessors f John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET r av Town of North Andover r NORTN OFFICE OF °°`"" '°�tioo o :.. . COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street North Andover, Massachusetts 01845 WMLIAM J. SCOTT 9SSACHUSt' Director (978)688-9531 Fax(978)688-9542 November 19, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Watershed Special Permit-Bradford Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening October 20, 1998 at 7:30 p.m. in the Senior Center, upon the application of Ronald & Joanne Cuscia, 770 South Bradford Street, North Andover, MA 01845 requesting a special permit under Section 4.136, watershed protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on September 30 & October 7, 1998 and all parties of interest were duly notified. The following members were present: Richard Rowen, Chairman, John Simon, Clerk, Joseph V. Mahoney, and Alberto Angles, Associate Member. The petitioner was requesting a special permit to obtain approval to demolish an existing barn and dwelling and reconstruct a new single family home located within the watershed Protection District. Proposed dwelling will be located within the limits of existing disturbance currently occupied by the existing buildings. Stormwater runoff will be mitigated by a biofilter Swale and dry wells. The premises affected in the Residential - 1 (R-1) Zoning District and the Watershed Protection District. Julie Parrino of Hancock Engineering was present to represent the potential buyers for 69 South Bradford Street. Ms. Parrino stated that they would like to demolish the existing house and barn and construct a new home. They have filed with ConCom and the Zoning Board of Appeals. Ms. Parrino stated that the current owner of the property bought it so he could restore the home and the barn. The Zoning Board of Appeals questioned whether the home and the barn could be restored. Ms. Parrino stated that she did a site walk with the Zoning Board of Appeals and they came to the conclusion that it could not be restored. The entire property is in the 100' buffer. The lawn currently extends to the wetland however it will be pulled back 25' and a stone wall will be constructed. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Ms. Parrino stated that there would be four dry wells installed to treat runoff and a water quality swale for the driveway runoff They will be conducting soil testing tomorrow. Ms. Parrino went over john Chessia's comments. She stated that the wetland line has been confirmed. Ms. Parrino stated that part of the deed states that they can't use pesticides on the property. The applicants would like to construct a ranch style home in the same location as the old home. Mr. Mahoney asked if the new home would be as close to the road as the one that is there now. Ms. Parrino stated that they would be pushing back the new home a little bit but need a variance from the Zoning Board of Appeals for setback requirements. Ms. Colwell stated that her recommendation would be to build in the same footprint and expand only 25%. Mr. Angles asked why the barn didn't count as an existing structure. Ms. Colwell stated that the Building Inspector stated that it was in such bad shape they couldn't count it. Ms. Parrino went over the numbers for the square footage required for the existing and proposed homes. Mr. Rowen asked what variances they are requesting. Ms. Parrino stated that they are requesting variances for lot area, setbacks, building in the non-disturbance zone and expansion of a non-conforming structure Mr. Rowen asked if they have gone to the Zoning Board of Appeals yet. Ms. Parrino stated that they are continued until the November 10, 1998 meeting. Mr. Rowen stated that he would like to continue this Public Hearing until the Zoning Board of Appeals makes a decision. Ms. Colwell stated the Zoning Board of Appeals is looking for input. Ms. Parrino went over the gross floor area with the Board. Mr. Nardella asked who presently owns the property. Ms. Parrino stated that Carl Arsenault owns it now. Mr. Simons stated that he remembers this going into litigation. Ms. Parrino stated that she believes that it went before the Zoning Board of Appeals and they denied it and then it went into litigation and then they came to an agreement to build. Ms. Colwell is to review the history of this lot. Mr. Rowen stated that he would like to continue until the Zoning Board of Appeals makes their decision. Continued until the November 17, 1998 meeting. The North Andover Planning Board held a regularly-scheduled meeting on November 17, 1998 and the following members were present: Richard S. Rowen, Chairman, John Simons, Clerk, Richard Nardella and Joseph V. Mahoney. Julie Parrino of Hancock Engineering was present representing 69 South Bradford Street. Ms. Parrino stated that they have received an Order of Conditions from ConCom. Ms. Parrino also stated that they were granted variances on area and front setbacks. Ms. Parrino stated that John Chessia had an issue with the drywell on the property. She requested that this placed as a condition of the decision. Ms. Parrino gave the Board a recap of the past filings on this property. r A settlement of a lawsuit in 19.90created 3 lots and allowed the existing home to be refurbished. This lot falls under the pre-1994 buffer zones. Mr. Simons asked how close to the wetlands they are. Ms. Parrino stated that they are 54' away from the edge of the wetlands. Ms. Colwell stated that they needed a variance to build within 100' which they have received. Ms. Parrino stated that there is fire hydrant right out front of the property and wondered if the sprinkler system is necessary. Ms. Colwell stated that it is part of the settlement. Mr. Rowen felt that the should put the sprinkler system in. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to approve the site plan review known as 69 South Bradford Street watershed special permit as amended. Attached are the conditions. Sincerely, 11? � �) " uce Richard S. Rowen, Chairman North Andover Planning Board 69 South Bradford Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Ronald and Joanne Cuscia, 770 South Bradford Street, North Andover, MA 01845; dated September 22, 1998, requesting a Special Permit under Section 4.136 of the Zoning by-law to allow the construction of a single family home, grading and vegetation removal within the Non-Disturbance Zone and surface and sub-surface discharge of storm water within the Non-Discharge Zone of the Watershed Protection. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: That this lot was created as the result of an Agreement for Judgement filed in Superior Court on June 4, 1990 therefore this lot is governed by the"Pre-1994"Watershed Protection District Buffer Zones. That as a result of the proposed construction in conjunction with other uses nearby, there will not be n any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) A barn and single family dwelling currently exist on the lot. The barn and dwelling will be removed. b) The new single family dwelling will be constructed further away from the wetland resource area than the existing structures and will be constructed 12.5' from the edge of the right- of-way. c) The Zoning Board of Appeals granted relief from Section 4.136 paragraph 3 c ii(3) (4) (6) on November 12, 1998 allowing construction of a new single family dwelling within the non-disturbance zone. d) The proposed single family dwelling will be connected to the Town sewer system. e) A 2' stone wall will be constructed along the limit lawn, which is 25' from the edge of the wetland resource area at its closest point: No disturbance of the natural vegetation will ' d resource area. occur within 25 of the edge of the wetland g fl A 6' x 6' grassed biofilter swale will be constructed along both sides of the driveway to accommodate the stormwater runoff from the site. g) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the 1 r site. 2. That there is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project as the lot is located within the Non-Discharge and Non-Disturbance Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) The plan must be revised as follows: a) A two-foot minimum ground water separation must be provided for infiltration structures. Drywell#3 must be relocated to meet this requirement. b) The drywells must be further away from the foundation drain. 2) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Permit Site Plan 69 South Bradford Street Prepared for: Joanne&Ronald Cuscia Prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Scale: l"=2W 2 Date: September 21, 1998,rev. 10/5/98, 10/7/98, 10/12/98, 10/21/98, 10/23/98 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to any work on site: a) A performance guarantee of two thousand ($2,000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The limit of work as shown on the plan must be marked in the field with yellow caution tape and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits andd approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. 4) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor(R-P.L.S.)which accurately depicts the foundation location and its proximity to wetland resource areas as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) Prior to release of the Performance Bond: a) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the file. b) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that I 3 W the site was constructed as shown on the approved plan. c) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. d) Fire sprinklers must be installed per NAFD requirements. 6) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 7) No vegetation removal or grade changes may occur between the edge of the wetland resource area and the stone wall as shown on the approved plan. 8) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11)This permit shall be deemed to have lapsed after a two- (2) year period from the date I ado on which the Special Permit was granted unless substantial use or construction has commenced. CC. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer Fire Chief Applicant Engineer File 69 S.Bradford St -Watershed 4 - NORTPI RECEYED JOYCE BRADSHAW ► TOWN CLERK NORTH ANDOVER SS^GNUSE . Nf1V 12 I? 2u PM '9fl TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within(20)days after the NOTICE OF DECISION date of filing of this Notice Property: for premises at: 69 South Bradford St. In the Office of the Town Clerk. NAME: Ronald&Joanne Cuscia DATE: 11/12/98 ADDRESS: 770 south Bradford St. PETITION: 043-98 for premises at: 69 South Bradford St. North Andover, MA 01845, HEARINGS: 10/13/98,&11/10/98 The Board of Appeals held a regular meeting on Tuesday evening, November 10, 1998, upon the application of Ronald&Joanne Cuscia,770 South Bradford St., for premises at: 69 South Bradford St. North Andover, MA requesting a Variance from the requirements of Section 7, paragraph 7.1 &7.3, of Table 2, within the R-1 Zoning District, for relief of lot area and front setback, and for a Special Permit from the requirements of Section 9, paragraph 9.1, 9.2, 9.3 for removal of an existing non-conforming structure and building of a new single family residence on the site, and for relief of uses allowed within the non-disturbance buffer zone of the Watershed Protection District Bylaw, of section 4.136, paragraph 3c.ii(3)(4)(6). The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Scott Karpinski, George Earley. The hearing was advertised in the Lawrence Tribune on 9/29/98&10/6/98 and all abutters were notified by regular mail. Upon a motion made by Scott Karpinski, and seconded by Raymond Vivenzio,the Board voted to GRANT a Variance as requested for relief of lot area of 43,558 sq.ft.and relief of front setback of 17.5 sq.ft. as shown on the plan of land dated 9/22/98, by Hancock Survey Associates, Inc. 235 Newbury St. Danvers, MA 01923, by Craig A. Vancura, Professional Land Surveyor, and to GRANT a Special Permit as requested for removal of an existing non-conforming structure of 2038 sq.ft. and barn of 1767 sq.ft. and to build a new single family residence on the site of 2190 sq.ft. and with a garage of 651 sq.ft. and for relief of section 4.136, paragraph 3 c ii(3)(4)(6)to allow construction of a new structure within the non-disturbance buffer zone of the Watershed Protection District Bylaw. Voting in favor. William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Scott Karpinski and George Earley. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 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 and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD �c OP LS liamWillivan, o Chairman Zoning Bo d of Appeals decoct/2 Town of North Andover, Massachusetts Form No. 1 N0RTH BOARD OF HEALTH /b��OL o �. '. 19 Z h �" APPLICATION FOR SITE TESTING/INSPECTION SACHUS �t�� Applicant QmrM4� NAM IADDRESS TELEPHONE Site Location Engineer Q1Q!4--L -JAAA&� NVVIE IADDRESS TELEPHONE Test/Inspection Date and Time T •— CHAIRMAN,BOARD OF HEALTH Fee 5 Test No. d S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. •Town of North Andover, Massachusetts Form No. 1 NORTH BOARD OF HEALTH ,,,ED 6-14,, 19 APPLICATION FOR SITE TESTING/INSPECTION ACHUS���y Applicant NAME ADDRESS TELEPHONE Site Location Engineer NAME ADDRESS TELEPHONE I/ Test/Inspection Date and Time CHAIRMAN,BOARD OF HEALTH Fee Test No. S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. TO r FROM � S") OF uj 9�Ncn 1 {A _f ,,1 1 ru SW G SIG f s URGE Mi—I attrarau❑ � V( CARt t+r�o a c ares ro t�f, je, Q AMPAD NO.23-176-400 SETS NO.23-376-200 SETS %pyo r X ! .9ry .6 Cy 0 1( "7 rY O S'!g( 7 I Y /C7in� i i BOARD OF HEALTH TEL. 688-9540 NORTH ANDOVER, MASS. 01845 APPLICATION FOR SOIL TESTS DATE: 1231Y? LOCATIOK OF tOIL TESTS: Assessor's map & parcel number: ZZaa Id,3 4dl c3 OWNER: TEL. NO.: 07e) �j Sze �, cf /�el ADDRESS: -21?,Y 31 /2h—aZ X � i� TEL. NO.: 777- 36k-f-0 ENGINEER: GZ/'>C'Oc�� _(�7? C CERTIFIED SOIL EVALUATOR: Inte ed use of land: esidential subdivision, in l�lz_dll family commercial a�/ teo�in o� iIs v./�c� Repair testing 9 Undeveloped lot testing THE FOLLOWING MUST BE INCLUDED WITH THIS FORM: 1. Proof of land ownership (Tax bill, deed, or letter from owner permitting f tests) 2. Plot plan 3. Fee of$275.00 per lot for new construction. This covers the minimum two deep holes and two percolation tests required for each disposal area. Fee of $75.00 per lot for repairs or upgrades. GENERAL INFORMATION 1. Only Certified Soil Evaluators may perform deep hole inspections. 2. Only Mass. Registered Sanitarians and Professional Engineers can design septic plans. 3. At least two deep holes and two percolation tests are required for each septic system disposal area. 4. Repairs require at least two deep holes and at least one percolation test, at the discretion of the BOH representative. 5. Full payment will be required for all additional tests within two weeks of testing. 6. Within 45 days of testing, a scaled plan (no smaller than 1"-100') shall be submitted to the Board of Health showing the location of all tests (including aborted tests). 7. Within-60 days of testing soil evaluation forms shall be submitted. i J T. , kciA 11 i�cSerlqQ`� 4L%)ne� SOS` l� goc, c" A . S' mc+ 416A /`(.hjOve,r _. Soy k umck r;tzA s+-- EJ XliA /4ndovcr, a 4 p i;C' Cl an a�, fie.(cc` "e� e t'�►•i s 11 ` /l/OrA ��,� ;A Jam Min= !- { BK3709 164 ' I We, Guy Bardascino and Valerie S. Bardascino, husband and wife as tenants by the entirety, both of North Andover, Essex County, Massachusetts being -married for consideration paid of Eighty Thousand ($80,000) Dollars, grants to Karl J. Arsenault of 44 Enos Circle, Reading, Middlesex County, Massachusetts with QUITCLAIM • i COVENANTS (i. The land with-the buildings thereon located in North Andover, Essex County, Massachusetts, situated on the westerly side of South Bradford Street being shown as Lot 2A, on a plan entitled "PLAN OF ;s LAND IN NORTH ANDOVER, MA RECORDED OWNER AND APPLICANT WILL TRUST r SCALE: 1" a 40'". ` MAY 7 1990 CHRISTIANSEN 6 SERGI PROFESSIONAL ENGINEERS LAND 'i -SURVEYORS 160 SUMMER STREET, HAVERHILL, MA 01830, ' !: TEL. (508) 373-0310". "j Said Lot 2A contains 43,562 square feet, all more or less according to said plan. See said Plan #11778 recorded in the Essex North 9 District Registry of Deeds for a more particular description of said lot. Said premises are conveyed subject to and with the benefit of any and all easements, restrictions, reservations and conditions of {y record, if any, insofar as the same are now in force and 0 applicable. F► ;. ¢ No pesticides, fertilizers or chemicals shall be used in lawn care (, ` a or maintenance. This restriction shall be binding on the grantees a heirs, their successors and/or assigns. f+ 0 z "Sub ject to a covenant dated July 19, 1990 and recorded in said deeds in Book 3136, Page 339. v .. W Subject to a utility easement to New England Telephone Company, ` L dated September 20, 1990 and recorded in Book 3165, Page 120-, and tiozan easement dated.January 2, 1990 in Book 3208, Page 65. o wSubject to a drainage and wetland restriction easement, dated June o /28, 1991 and recorded in Book 3278, Page 12. w 00 �_bject to a covenant dated October 27, 1992 and recorded in Book � 3586, Page 307. L a �0 'or our title, see Deed recorded in Book 3315, Page 98 and also Confirmatory Deed of even. date recorded herewith. `a Witness our Aa s and seals this -3 day of April 1993 Guy Bardascino J`I O LWn i., o nn ^^\\ IC , Valerie S. Bardascino T _ w THE COMMONWEALTH OF MASSACHUSETTS v o Middlesex, ss. April 23 , 1993 a Then personally appeared the above-named Guy Bardascino and .. Valerie S. Bardascino and acknowledged the foregoing instrument to be their free act and deed before me ohn P. Collins, Notary-'Public My commission expires April 24, 1998 i I NO TE: THIS PLAN NOT TO BE USED FOR 777LE. ` E`� i4SSESSORS: \ INSURANCE PURPOSES, NOR FOR / O�V` MAP 103, LOT 34 \ RECONSTRUCTION OF BOUNDARY LINES. / M�Pp o Pp ZZONING: RESIDENCE R-1 / WA TERSHED PRO TEC 770N D/ST. GUY & VALERIE BARDASCINO PLAN 11778DEED BOOK 37 P \ 09, G. 164 / / N PLAN NO. 11778 th RECORD OWNER: \ DRIVE do UTILITY � � � � oo ��, s � i 0- KARL ✓. ARSENAUL T EASEMENT \lc ' '`$•(k1 I I { NOS- • PA o EXSTING 2 � PALMESE 1) OFFSETS SHOW TO CORNERBOARDS 116.04' r stn STORY WOOD 9 R• O FRAME BARN d �, •W� � EXISTING PROPOSED IN DISREPAIR { c r r TO BE REMOVED ' 8N 7,0�Q GROSS FLOOR AREA . ** 2,038 f S.F. * 2,190 f S.F. PROPOSED Q LOT 2A - r a STORY p o * PROPOSED GARAGE AREA NOT INCLUDED -A DWELLING 9 9 ** 25 X OF 2,038 SF = 509.5 S.F AREA = 43,562 t S.F. AREA = 1.00 f AC A EXISTING 2 1/2 STORY WOOD—FRAME .A 195.25' DWELLING G9 ABUTTERS LIST (REC.) (CALC.) ��yo Q�pQB�' I MAP 103 LOT 126 SOUTH BRADFORD REALTYN 194.25' TRUST MAP 103 LOT. 004 ELEANOR ROBERTS e $66 �o j MAP 103 LOT 097 PATRICIA PALMESE ANDREW & JOYCE CRUM EYJSTINC MP 103 LOT 039 BRIAN & KAREN URGUHART DWELLING TO MP 103 LOT 107 ANDREW do JOYCE CRUM BE REMOVED MAP 103 LOT 016 GEORGE & MARY WALSH / CER77FY TO THE NORTH �� \ N ANDOVER ZONING BOARD o �� LOT PLAN NORTH ANDOVER OF APPEALS THA T THE �s , OF LAND IN ZONING BOARD OF APPEALS STRUCTURES SHOWN HEREON �s NORTH ANDOVER, MA ARE LOCA TED ON THE GROUND ' AS SHOWN. ' 1316 PREPARED FOR OF JOANNE & RONALD CUSC/A cRA10 116'$5 A. SCALE: 1" = 40' SEPTEMBER 22, 1998 � \ {�* VANCURA co No. 36127 ;r 0 20 40 80 160 SURVEY ASSOCIATES, INC. ii im.4SSACHUS£TTS 01923 ( (ZZ �O I' � '�'i AMNCOCK 235 N£WBURr STREET, DANVERS, DA TLS• VOICE 978-777-3050 FAX 978-774-7816 PROFESSIONAL LAND SURVEYOR DWELLING � cH£cK£v er.• 7025 s Minutes: February 18, 1993 69 SOUTH BRADFORD STREET: Phil Christiansen, Engineer, and Guy Bardacino, Owner, were present. Mr. Christiansen stated that this system was designed in February 1990 and approved by Mike Graf. Mrs. Starr stated that a Notice of Intent and a Form U were signed back in 1990 by Mr. Graf. Mr. Christiansen stated that at the present time this system does not comply with the revised North Andover regulations. Mr. Christiansen stated that this plan only had 6 feet between the trenches for the reserve area and the new regulations require 4 feet between side walls which would bring us up to 11 feet between the trenches rather than the 6 feet. Mr. Christiansen stated that in addition to this the other complication is having to file with the State under the variance procedures. He stated that since this was approved, the State has a more formal variance procedure for Title V regulations. Mr. Christiansen stated that Chapter 111, Section 127P of the State code states that the regulations that apply to a property are those that were in effect at the time. Basically the subdivision was approved and Form A was signed for a period of three years. Additionally, it was said that if a form "A" was filed and there was litigation, then the regulations that apply, are the regulations that were in effect when the plans were originally filed. At the present time, Mr. Christiansen can not pull a permit on this system because there is no approval by the Board of Health. The variance to Title V are as follows: Distance to the leaching facility to the tributary to a reservoir is 90 feet instead of 100 feet. Distance of a leaching facility to a subsurface drain is 20 feet instead of 25 feet. The breakout which is 60 instead of 150. F�� Mr. Osgood asked how did we approve this before? Mr. Christiansen stated that it has always been a repair. Mrs. Starr stated that even on a repair there is a variance procedure that has to go in to the State for approval. Mr. Osgood stated that it was either a repair or tear the house' down. Mr. Christiansen stated that the owner can not sell it because he does not have an approved system. Mrs. Starr stated that the notice of intent has also run out. Mrs. Starr stated that Mr. Doucette, Conservation Administrator said he only approve one lot and the Conservation Commission understood that 69 South Bradford would not be occupied until a sewer went down the street. Mr. Osgood stated that this is not the case. He stated that there were a couple of other lots that were not with the subdivision and the Board said that the other lots could not be developed without the sewer but it did not include this house. Mrs. Starr stated that for a repair you do not have to have a hearing with abutters but you still need to go through the regular variance procedures. Mrs. Starr stated that even on a repair, the State needs the variance specifically spelled out. Mrs. Starr stated that she knows that Conservation would have a big problem with this and a notice of intent has to be filed. Mr. Christensen asked if this can be issued as a temporary permit and Mr. Bardacino will give a guarantee as soon as the sewer is there he will tie-in to it. Mrs. Nelson stated that she has not commented because she would be taking a different position because it had a different turn of events from the Planning Board. Mr. Osgood asked her to explain. Mrs. Nelson stated that this went through the courts and the Planning Board decided to work with them on this proposal. Mrs. Nelson stated that it was a court case with the Planning Board but this is not the case with Conservation Commission. She stated that the Conservation Commission could take a very hard line on this. Mr. Osgood stated that a lot of work went into this project so that it would not pollute the lake. Mr. Bardaicino stated that the person that is purchasing the property is a friend of his and he plans on going very slowly the renovation will take about two years and he plans on tying into the sewer. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant the variances as a temporary repair subject to a final resolution that they hook-up to Town sewer as soon as it is available. COMPLAINT NUMBER DATE: #84 AUGUST 20, 1992 COMPLAINTANT:PATRICIA MINASIAN CLOSE DATE: ADDRESS:20 HIGHWOOD WAY PHONE: 686-7125 OWNER:GUY, I VALARIE BARDASCINO PHONE# ADDRESS: SO. BRADFORD STREET INSPECTION DATE: ORDER L DATE: COMPLAINT:A LARGE NUMBER OF STRAY/W-UD CATS ARE LIVING IN A ' VACANT/ABANDONED HOUSE AT 69JIM ow" LITTERS ARE BEING BORN UNHEALTHILY AND T � lM'�IEW ROAD IS FEEDING THEM. ACTION: �le f _ d Q ft 'tA.iv oMlNj9 pts , CAM i Ifiby suvqo-,_b vi lfvito d how, v A./;[16 rWI6( J tea• Gbw� ��`. qr , �S MAI*rip RAI 3 S Svc a/vt } 5 f , WA Wit �. 9�ol �-k6� uAn�r�Q, Co" ��ev ��'rl�- a�an �Zln�aZ C4nV�r��b-� I�U?�e �b(l�m � � avw POOR-� ) 0 Wl,� OW 1104� 6 Oar, 4c PwU% 00m, Q 0 a d � fit. TvwA f IT v�-o 6 wt 0 W-ttV,6r f" GSI, /Jbrrrtt hn�,x� V�rv�oV,�d, IV�n�NeWl��� POW�;, �l�rn. �hnuuse,. PM- Pei W�e�i, �D WwWO A ) CGtYAV u VA WRM i� ��� d� rawP�No 1��h��n � ROOM � l�cwe � � V June 24, 1992 TO: ,Board of Health In regards to the Zoo plus year old farmhouse located at 69 South Bradford Street, North Andover. The property is not occupied or condemn. Therfore I assume there is no problem occupying the premises using the existing sewage system. If there is a concern, could I follow an "Order of Conditions" such as: I. No clothes washer mac. 2. No dishwasher machine. 3. No garbage disposal. 4. Limiting the amount of water used to some set limit. 5. Frequent cleaning of the system. I intend to renovate the existing structure for my personal dwelling and would not occupy for at least 6 mounths, perhaps a year. Town Sewer, which I would hook-up to immediately, may be available in the summer/fall' of 1993• Perhaps the following year. The cesspool-would be used for only a couple months to at most 1 1/2 years. I would gladly follow an order of conditi ns as stated above to save myself a costly, brand new septic system ich would very soon be laid to rest. A favorable outcome in this matter will be greatly appreciated. Sincerely, Karl J. Arsenault tICZ 14cll_� 4.4 Enos Circle Reading, Mass 617-94.4-9083 NORTH q 3�oEt ``° °0 BOARD OF HEALTH *`° >° x 120 MAIN STREET TEL: 682-6483 4" �Pe `� NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 sACHlJ5 RIO �t4.. April 30, 1990 Ito Mr. John McGarry f Coolidge Construction Company 401 Andover Street North Andover, MA 01845 Dear Mr. McGarry: This is to inform you that the North Andover Board of Health voted at its meeting on April 26th to grant variances from its regulations for the construction of septic systems at 69 South Bradford Street and on Lot#3A South Bradford Street. It was voted to handle the system at 69 South Bradford St. as a repair to an existing system and that the design will be worked out between your engineer and the Board's sanitarian. It was also voted to exempt Lot#3A from the requirement that the septic system be 325 feet from a wetland and that the system can be built no closer than 100 feet from a wetland. The Board of Health requires that both Lot #3A and 69 South Bradford Street be connected to the municipal sewer system as soon as that system is extended to South Bradford Street. In order to insure that any new owner of these properties is aware of this requirement, the Board requires that a statement to this effect be included in the deed. Sincerely, n� Gayton Osgood, Vice Chairman cc: Conservation Commission Planning Board Building Inspector C.D. Director LEONARD KOPELMAN KOPELMAN AND PAIGE, P.C. DONALD G.PAIGE ATTORNEYS AT LAW ELIZABETH A.LANE JOYCE FRANK 101 ARCH STREET JOHN W.GIORGIO BARBARA J.SAINT ANDRE BOSTON, MASSACHUSETTS 02110-1112 JOEL B.BARD RICHARD J.FALLON ( GEORGE M.MATTHEWS JAMES A.DYREK FAXX(6177)) 9 951-2735 ( 07 51- WILLIAM HEWIG III EVERETT J.MARDER JANE M.O'MALLEY PATRICK J.COSTELLO KAREN V.KELLY COLLEEN B.WALKER SONDRA M.KORMAN ANNE-MARIE M.HYLAND RICHARD BOWEN CHERYL ANN BANKS JOANNE BUTTERALL April 26, 1990 BRIAN W.RILEY Board of Health North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Applicability of Current Health Regulations to Coolidge Construction ANR Plans Dear Members of the Board of Health: You have requested our opinion concerning the applicability of the current health regulations to three approval-not-required ("ANR") lots owned by the Coolidge Construction Company and located on South Bradford Street. In my opinion, the current Board of Health regulations will govern the installation of septic systems on these lots. According to the Planning Board, the plan showing these ANR lots was submitted in March, 1985 and endorsed on April 8, 1985. Ycu hues informed me that these lots are located within the Watershed District. The Board of Health regulations governing land within the Watershed District were amended in June, 1988 to require that all septic systems located within this district be installed at least 325 feet from a wetland or tributary to a lake. Coolidge Construction now has filed plans for the construction of septic systems on these lots and has asked that the Board apply the former regulations which required that a septic system be located only 100 feet from a wetland or tributary. G.L. c. 111, §127P governs the applicability of state and local environmental regulations to subdivision and ANR plans. Specifically, Section 127P provides in pertinent part: I 69 SQ BRADFORD STREET f i i i I i own of North Andover a NORTI� OFFICE OF 3�°. "'° '1�o0[ COMMUNITY DEVELOPMENT ANDSERVICES ° . p 30 School Street wII LIAM J. SCOTT North Andover, Massachusetts 01845 Ss,cHUSt.��S Director NOTICE OF DECISION ,©- --< Any appeal shall be filled r, within (20) days after the date of filling this Notice in the Office of the Town . :` Clerk. Date November 19, 1998 Date of Hearing October 20, 1998, Nov. 17, 1998 Petition of Ronald & Joanne Cuscia Premises affected 69 South Bradford Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136 (watershed special permit) so as to allow to obtain approval to demolish an existing barn and dwelling and reconstruct a new single family dwelling located within watershed protection district After a public hearing given on the above date, the Planning Board voted to APPROVE the WATERHSED SPECIAL PERMIT based upon the following conditions: Signed``1 -�.(`,C�( :�._ :S 1. � - CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover 40RTN OFFICE OF 'RECEIVED °�•, b�ti .. COMMUNITY DEVELOPMENT AND S fWSHAW �0 CLERK 27 Charles street NORTH ANDOVER •�a North Andover, Massachusetts 01845 Q OCT �,'^q;r`'" WILLIAM J. SCOTT I9q 1 i, I ..UStit4h Director 12 P 3. 41 1 S (978)688-9531 F NOTICE OF DECISION Fax (978) 688-5542 Any appeal shall be filled within (20) days after the date of filling this Notice in.the Office of the Town Clerk. Date: October 12, 1999 Date of Hearing: 9/21/99 Petition of: Ronald& Joanne Cuscia Premises affected: 69 South Bradford Street Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: to construct a 198 square foot deck in the watershed protection district. After a public hearing given on the above date, the Planning Board voted To: APPROVE the: Watershed Special Permit based upon the following conditions (attached): Signed �,j/)�l�'1. � �1 oa�,��' -� CC: Director of Public Works Alison NL Lescarbeau, Chairman Building Inspector Natural Resource/Land Use Planner John Simons, Vice Chairman Health Sanitarian Assessors Alberto Andes, Clerk Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 KOPELMAN AND PAIGE, P.C. Board of Health North Andover April 26, 1990 Page 2 . Whenever a person has submitted. . .a plan referred to in section eighty-one P of chapter forty-one, the land shown on such plan shall be governed by. . .the provisions of local board of health regulations. . .which are in effect at the time of first submission of said plan. Said provisions shall apply during the time such plan is being processed, including the time required to pursue or await the determination of an appeal relative to said plan. Pursuant to Section 127P, the provisions of the Board of Health regulations will apply to an ANR plan for three years from the date of endorsement. Because the three year-freeze period has lapsed in this case, it is my opinion that the septic systems installed on the ANR lots must comply with the Board' s new regulations. The question has been raised as to whether this three-year freeze period should be extended because the property in question is the subject of an on-going zoning appeal. The appeal concerns the denial of a special permit. In my opinion, the language in G.L. c. 111, §127P referring to an appeal is limited to appeals relating to subdivision or ANR plans, not zoning appeals. Accordingly, it is my opinion that the three-year freeze provided by G.L. c. 111, §127P should not be extended because of the zoning appeal. If I may be of further assistance in this regard, do not hesitate to call. Very truly yours, o kBBard JBB/CAB/kac cc: Board of Selectmen III `1 I 1 I'111 l j AO ' ' Ofstac bgti °0 A BOARD OF HEALTH m hl I t 120 MAIN STREET ° x TEL: 682-6483 �9SSAC eHUS� NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 I I II i April 30, 1990 Mr. John McGarry Coolidge Construction Company I it 401 Andover Street r North Andover, MA 01845 Dear Mr. McGarry: „ This is to inform you that the North Andover Board of Health voted at its meeting on April 26th to grant variances .from its regulations for the construction of septic systems at 69 South Bradford Street and on Lot#3A South Bradford Street. It was voted to handle the system at 69 South Bradford St. as a repair to an existing system and that the design will be worked out between your engineer and the Board's sanitarian. It was also voted to exempt Lot#3A from the requirement that the septic system be 325 feet from a wetland and that the system can be built no closer than 100 feet from a wetland. The Board of Health requires that both Lot #3A and 69 South Bradford Street be connected to the municipal sewer system as soon as that system is extended to South Bradford Street. In order to insure that any new owner of these properties is aware of this requirement, the Board requires that a statement to this effect be included in the deed. Sincerely, G GaytonOsgood, Vice Chairman g cc: Conservation Commission Planning Board Building Inspector C.D. Director I'I LEONARD KOPELMAN KoPELMAN AND PAIGE, P.C. {, DONALD G.PAIGE ATTORNEYS AT LAW ELIZABETH A.LANE JOYCE FRANK - 101 ARCH STREET JOHN W.GIORGIO BARBARA J.SAINT ANDRE BOSTON, MASSACHUSETTS 02110-1112 JOEL B.BARD RICHARD J. FALLON " ' GEORGE M.MATTHEWS (617) 951-0007 JAMES A.DYREK FAX(617) 951-2735 WILLIAM HEWIG III EVERETT J.MARDER JANE M.O'MALLEY •I' PATRICK J.COSTELLO I' KAREN V. KELLY COLLEEN S.WALKER SONDRA M.KORMAN ANNE-MARIE M.HYLAND RICHARD BOWEN CHERYL ANN BANKS JOANNE BUTTERALL April 26, 1990 BRIAN W.RILEY Board of Health North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Applicability of Current Health Regulations to Coolidge Construction ANR Plans Dear Members of the Board of Health: You have requested our opinion concerning the applicability of the current health regulations to three g approval-not-required ("ANR") lots owned by the Coolidge Construction Company and located on South Bradford Street. In my opinion, the current Board of Health regulations will govern the installation of septic systems on these lots. According to the Planning Board, the plan showing these ANR lots was submitted in March, 1985 and endorsed on April 8, 1985. You have informed me that these lots are located within the Watershed District. The Board of Health regulations governing land within the Watershed District were amended in June, 1988 to require that all septic systems located within this district be installed at least 325 feet from a wetland or tributary to a lake. Coolidge Construction now has filed plans for the construction of septic systems on these lots and has asked that the Board apply the former regulations which required that a septic system be located only 100 feet from a wetland or tributary. G. L. c. 111, §127P governs the applicability of state and local environmental regulations to subdivision and ANR plans. Specifically, Section 127P provides in pertinent part: p +� KOPELMAN AND PAIGE, P.C. Board of Health North Andover April 26, 1990 Page 2 . Whenever a person has submitted. . . a plan ; referred to in section eighty-one P of chapter forty-one, the land shown on such plan shall be governed by. . .the provisions of local board of health regulations. . .which are in effect at the time of first submission of said plan. Said provisions shall apply during the time such plan is being processed, including the time required to pursue or await the determination of an appeal relative to said plan. Pursuant to Section 127P, the provisions of the Board of Health regulations will apply to an ANR plan for three years from the date of endorsement. Because the three year-freeze period has lapsed in this case, it is my opinion that the septic systems j installed on the ANR lots must comply with the Board' s new regulations. The question has been raised as to whether this three-year freeze period should be extended because the property in question is the subject of an on-going zoning appeal . The appeal concerns the denial of a special permit. In my opinion, the language in G.L. c. 111, §127P referring to an appeal is limited to appeals relating to subdivision or ANR plans, not zoning appeals. Accordingly, it is my opinion that the three-year freeze provided by G.L. c. 111, §127P should not be extended because of the zoning appeal. If I may be of further assistance in this regard, do not hesitate to call. Very truly yours, ; Y <_ o� B. Bard JBB/CAB/kac cc: Board of Selectmen I 'I i i SEPTIC SYSTEM INSPECTION FORM ADDRESS BATE INSPECTED $ ' 60 PROPERLY FUNCTIONING? O N WEATHER ,CONDITION'S COMMENTS DYE TEST PERFORMED? Y N DATE? SKETCH: y. NORTk -I 04 StL[C 16 + . ° 3Q- 0 4. BOARD OF HEALTH o a " 120 MAIN STREET "SSAc►+usEt�y NORTH ANDOVER, MASS. 01845 TEL. 682-6400 MAI 13, 1985 Mr.. Charles Foster Re. � roposed renovation Building Inspector :oolidge Cons . Co. No.Andover, ,Mass . 1�9 ,So Bradford St. Dear Mr. Foster: It has come to my attention that Coolidge Construction Co. will be requesting a remodeling permit for the above-listedproperty. Please be aware that this existing residence is within 100 feet of a tributory to the reservoir and there are other serious limitations that may make it impossible to provide a satisfactory septic system for the resulting increase in occupancy. We would appreciate it if you would refer any applicants to this Board for apprtval before any constuction permits Are issued. Very truly ; ours , Michael Lrat Inspector mg;mj i ti U V -J Zll TH �k vr Z ( i+S s ` SJtiD?'i c LL 7 7' 1