Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 810-812 Salem Street (3)
io ar/var EISP E Fivdiftg ❑ 40D Application filed ott~ t r L —,0 Hearing due on - t " � — b 7 Decision duo on: 2 L 2.,2 o 7 R r d ol� uuo.4uollwllddV VVZE/Ala;a�dutoaal n 4 n 4 a m a m w Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Dmiiel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A,§17 0* tkoRTH o/B o � 003 JAN .1 PH o- �9 qS AA ra wr���� SACNUS Town Clerk Time Stamp Notice of Decision Year 2007 Property at: 812. Lot 15-2. Salem Street (Man 61 Parcel 1 i_?1 NAME: John Carroll, c/o Howard P. Speicher, HEARING(S): December 18, 2007 Davis Maim & D'Agostine P.S., One Plan of Land in North Andover, Massachusetts, prepared for, Helen J. St. Cyr, 7- 1/2 Beverly Street, Methuen, Massachusetts Boston Place, Boston, MA 02108 November 24, 2006, Rev.: February 6, 2007 ADDRESS: 812, Lot 15-2, Salem Street PETITION: 2007-024 North Andover, MA 01845 TYPING DATE: December 27, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the hearing at the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, MA on Tuesday the 18`h of December, 2007 at 7:30 PM at 7:30 PM upon the application of John Carroll, c/o Howard P. Speicher, Davis Maim & D'Agostine P.S., One Boston Place, Boston, MA 02108, for premises at: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 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 December 3 & December 10, 2007. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. Upon a motion by Richard J. Byers and 2"d by David R. Webster, the Board voted to uphold the Inspector of Buildings and Deny a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area"; and upon a motion by Richard J. Byers and 2nd by David R. Webster the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief of 18,750 sq, ft. from the setback requirements for riverfront areas in order to construct a single family dwelling per: Site: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA 10845 Site Plan Title: Plan of Land in North Andover, Massachusetts, prepared for, Helen J. St. Cyr, 7- 1/2 Beverly Street, Methuen, Massachusetts Date (& Revised Dates): November 24, 2006, Rev.: February 6, 2007 Registered Professional Land Surveyor: Stephen E. Stapinski, R.L.S. #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 0 18 10 Sheet/Drawing: Registry of Deeds, Northern District of Essex SS, Received and Recorded, On 2-9.2007 Plan No. 15629 With the following condition: 1. The single-family dwelling and lot shall be developed according to the Conservation Commission Order of Conditions issued 7/2/07 under DEP File Number 242-1302. Page 1 of 2 1600 Osgood St, Bldg. 20, Suite 2-36, North Andover, Ma 0184 / 5 Ph. — 978-688-9541 / Fax — 978-688-9542 / Web — www.townofnmthodover.com ,Albert P. Manzi I1I, Esq. Chaimmn Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate A7emhers Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS t,(.'i, IV [a Voting in favor: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, 111, David R. Vaillancourt. Hl R 1 i i .: Town Clerk Time Stamp Webster, and Richard M. The Board finds that Section 7.l .1 "Contiguous Buildable Area (CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area..." does include Lot 15-2 Salem Street (Map 65, Parcel 15-2), since the parcel was created in 2007 and was registered at the Essex North Registry of Deeds in the above cited Plan of Land on 2-9-2007. The Board finds that the "Preliminary Site Plan, in, North Andover, Massachusetts, prepared for, John Carroll, 1501 Main Street — Unit #15, Tewksbury, Massachusetts 01876, date: February 9, 2007, [by] Merrimack Engineering Services...", submitted as part of application 2007-024, shows that the proposed single-family dwelling will be located in the same area on Lot 15-2 as the razed dwelling. Therefore, owing to this circumstance relating to the pre-existing disturbed soil conditions of Lot 15-2, Map 65, Parcel 15-2, (previously known as 812 Salem Street Map 65, Parcel 15) especially affects this land but does not affect generally the Residential 3 zoning district in which it is located. The Board finds that a literal enforcement of the provisions of Paragraph 7. 1.1 & Table 2 would involve substantial hardship, financial or otherwise, to the petitioner since the 200' setback from Mosquito Brook includes almost all of Lot 15-2 except the southeast corner. The Board finds that there was no written or spoken opposition. The Board finds that the proposed single-family dwelling will be built on uplands according to the Conservation Commission Order of Condition DEP File Number 242-1302. The Board finds that desirable relief may be granted pursuant to Section 10, Paragraph 10.4 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. 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 Inspector of Buildings. 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. atA North Andover Zoning Board of Appeals Albert P. Manzi, I ll, Esq., Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse David R. Webster Associate Member Richard M. Vaillancourt Decision 2007-024. M65P 15-2. Page 2 of 2 1600 Osgood St., Bldg, 20, Suite 2.36, North Andover, Ma 018415 Ph. — 978.688-9541 / Fax — 978-688-9542 / Web — www.townofnortimdover.com Town of North Andover Town clerk Time ZONING BOARD OF APPEALS = :ice +-1VE1 _,,.,., .,t _- Albert P. Manzi III, Esq. Chairman ; .,; •; , .: _ i-, r : �..:,.r,..I Ellen P. McIntyre, f/ire-Chairman f µORTN � tteo � q Richard J. Byers, Esq. Clerk ,r 4<< y"•e ' 0 Joseph D. LaGrasse 2907 NOV 26 P11 . David R. Webster ►- p Asroriate Members * k j t Thomas D. Ippolito °4 ? 1�€iii! iiJl.1t;'`, { Richard M. Vaillancourt 0s,7tp*�` Daniel S. Braese, Esq. �SSA�Hus�� W U)Wc wrnror> -a� ¢� vrnd o> tdc ° -0 — a� - �- a)ur_ V JZ>� � ��O�r a3 p-�COWd VAC^�C CL �"-�2t 0.00i6` YO,OQ ,QY amo O ¢ �oaro= `ov,�o Urn EO- y- ocaca-- u��as 7c� m oa�co MM= w lu -o o= Z a� E. c w {� as o c w .- 7 v« m° d w '- m m a d .= E U> >, c�L 0_ 70 CdfC 'OdNda)C' QpC�OEC-2_.`,)O.Nm y¢O NC-O� fSODMNC:) 12 pO.N Q FOa �¢ "02.-P OM -0L ��m 0'.8 yN E a7 0 0 C ONCA a, a, C � W °'y C � a) 9cn 2<LLc NQ tULI 00 t- 0Z ac�i,rivErn�¢a�wEcmcrodctl7oO d ro°m 9irn°� ZZ 2600 �C 6°0 0 m (1: cbcbc� LO0'—c £ -60 yr« >�Oo Ld�o Z JQLLLova¢;?-¢ roi2o3>o�o�n¢�E.-m..•�•S2N�a�;rn��c 3 3�c°O°°ma�o c°>°>,pa i Ja O�'Z`°m a°icngora?c=ccc-aoo� orim �TcaOnt-asas,tas>ca E `o�yddn°o> °� r .Q RX «�'D OJ'° -� W a o0•Nd OJ� ° C 8 C.=N ~OY C V �C Cm(� i11�.N a Zc�n O)Nia 00 mC >.« °m�a JOQ OE C.°C, 6882r, 81, -&coN�mZ aicrnm N;$Q�coca �....¢�3 °oLm, c�3? tm W ZmZ«o=£c�yctoc�oap�ao¢�.��.16�ccaca��>�mcW��c�°�7cvia(An soda)coo° c'co N cacn0¢. N o ca °Oma mNr >d oHm ai i'_ c°i CD 1- c�a m ca - oairNi m°`Om'z°0v'd6 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, r on Tuesday the 18th of December, 2007 at 7:30 PM to all parties interested in the application o John Carroll, c% Howard P. Speicher, Davis Malm & D'Agostine P.S., One Boston Place, Boston, MA 02108, for premises at: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), Nort Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7.1.1 and Table 2 of the Zoning Bylaw that Section 7.1.1 (Contiguous Buildable Are does not include "Riverfront Area" as a "wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-: zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours c 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle -Tribune on December 3 & December 10, 2007. Legalnotice 2007-024. M65P 15-2. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - NvNvw.toxvnofnorthandover.cc 9X Date .. j.1... .16..-.40 TOWN OF NORTH ANDOVER RECEIPT This certifies that. Z-44-6cl. Y69- I. has paid z — for.j�'.c:Ym ...... •14 .3 Received by.... "1'4 ......................... .................... Department .................. :..:/ ...:. WHITE: Applicant CANARY: Department PINK: Treasurer ZBA 46 8 5. Date .11 ...... 1. 0.7. A TOWN U OF NORTH ANDOVER RECEIPT SSACw-U This has paid 3 ...... . ... jq- ....... for Received by ...... .............................................. ........... Department........... .�—AA .................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer 9k 11040 PSS 01566 01-23,2008 a 09 a 59a COVER. SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT PON TREMOVE THIS DOCUMENT WAS RECEIVED THROUGH THE MAILING PROCESS 16 (jot o JAN 2 8 [008 BOARD OF APPEALS Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com Town of North Andover ZONING BOARD OF APPEALS !. -= w/ Albert P. Manzi II1, Esq. Chairman Ellcn P. Mclnt},re, Dice-Chaimian Richard ). Beers, Esq. Clerk Joseph D. 1,aGrassc David R. %Vcbster This is to certify that twenty (20) .Asm,Yate Alemberr have elapsed from date of dads 17,onias D. Ippobto ithout filing of ff appeal. Richard M. %'aillancourt Date A9 JOYC46 A. Bradshaw Daniel S. Braese, Esq. Town Clerk Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. M o 9SS�►CHU`�'��� fc Notice of Decision Year 2007 4UA, § 17 Property NAME: John Carroll, c/o Howard P. Speicher, Davis Maim & D'Agostine P.S., One Boston Place, Boston, MA 02108 f� at: 812, Lot 15-2, Salem Street (Map 65, HEARING(S): December 18, 2007 ADDRESS: 812, Lot 15-2, Salem Street PETITION: 2007-024 North Andover, I TYPING DATE: December 27 2007 ATTEST: T n C•Ic TowrrCl6rk 1 115 The North Andover Board of Appeals held a public hearing at its regular meeting in the hearing at the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, MA on Tuesday the 18th of December, 2007 at 7:30 PM at 7:30 PM upon the application of John Carroll, c/o Howard P. Speicher, Davis Maim & D'Agostine P.S., One Boston Place, Boston, MA 02108, for premises at: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 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 December 3 & December 10, 2007. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, 111, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by David R. Webster, the Board voted to uphold the Inspector of Buildings and Deny a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area"; and upon a motion by Richard J. Byers and 2"d by David R. Webster the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief of 18,750 sq. ft, from the setback requirements for riverfront areas in order to construct a single family dwelling per: Site: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA 10845 Site Plan Title: Plan of Land in North Andover, Massachusetts, prepared for, Helen J. St. Cyr, 7- 1/2 Beverly Street, Methuen, Massachusetts Date (& Revised Dates): November 24, 2006, Rev.: Februa 6, 2007 Registered Professional Stephen E. Stapinski, R.L.S. 429876, Merrimack Engineering Services, 66 Park Land Surveyor: Street, Andover, Massachusetts' 01810 Sheet/Drawing: Registry of Deeds, Northern District of Essex SS, Received and Recorded, ' On 2-9, 2007 Plan No. 15629 With the following condition: 1. The single-family dwelling and lot shall be developed according to the Conservation Commission Order of Conditions issued 7/2/07 under DEP File Number 242-1302. Page 1 of 2 1600 Osgood St., Bldg. 20, Suite 2-36, North Andover, Ma 0184 / 5 Ph. - 978-688-9541 / Fax - 978-688-9542 / Web - www.townofnorthandover.com r Ca; - Albert P. %danzi III, Esq. Chairman Ellen P. McIntyrc, i -ire -Chairman Richard J. Byers, Esq. Clerk Joscph D. LaGrasse Divid R. Webster Assoiiate ,Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS Voting in favor: Joseph D. LaGrasse, Richard J. Byers, Albert P Vaillancourt. 20o r .I R,1 h S c V Town Clerk Ti., Stamp Manzi, 111, David R. Webster, and Richard M. The Board finds that Section 7. 1.1 "Contiguous Buildable Area (CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy Five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area..." does include Lot 15-2 Salem Street (Map 65, Parcel 15-2), since the parcel was created in 2007 and was registered at the Essex North Registry of Deeds in the above cited Plan of Land on 2-9-2007. The Board finds that the "Preliminary Site Plan, in, North Andover, Massachusetts, prepared for, John Carroll, 1501 Main Street — Unit # 15, Tewksbury, Massachusetts 01876, date: February 9, 2007, [by] Merrimack Engineering Services...", submitted as part of application 2007-024, shows that the proposed single-family dwelling will be located in the same area on Lot 15-2 as the razed dwelling. Therefore, owing to this circumstance relating to the pre-existing disturbed soil conditions of Lot 15-2, Map .65, Parcel 15-2, (previously known as 812 Salem Street Map 65, Parcel 15) especially affects this land but does not affect generally the Residential 3 zoning district in'which it is located. The Board finds that a literal enforcement of the provisions of Paragraph 7. 1.1 & Table 2 would involve substantial hardship, financial or otherwise, to the petitioner since the 200' setback from Mosquito Brook includes almost all of Lot 15-2 except the southeast corner. The Board finds that there was no written or spoken opposition. The Board finds that the proposed single-family dwelling will be built on uplands according to the Conservation Commission Order of Condition DEP File Number 242-1302. The Board finds that desirable relief may be granted pursuant to Section 10, Paragraph 10.4 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. 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 Inspector of Buildings. 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 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. O"�� North Andover Zoning Board of Appeals Aibert P. Manzi, Ill, Esq., Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse David R. Webster Associate Member Richard M. Vaillancourt Decision 2007-024. M65P15-2. Page 2 of 2 1600 Osgood St, Bldg. 20, Suite 2-36, North Andover, Ma 0184 / 5 Ph. — 978-688-9541 / Fax — 978-688-9542 / Web — www.townofnorthandover.com 9k 11040 PS25 01566 t:i1--23 -2008 a 09 C 59U COVER. SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE THIS DOCUMENT WAS RECEIVED THROUGH THE MAILING PROCESS 161 _Jt- ` JAN 2 8 [008 BOARD OF APPEALS '410010, 4 01W Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 .01 (978) 683-2745 www.lawrencedeeds.com y Town of North Andover ZONING BOARD OF APPEALS :Obert P. Manzi III, Esq. Chairman 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA 10845 Ellen P. Mclnt ,re, Vice -Chairman Plan of Land in North Andover, Massachusetts, prepared for, Helen J. St. Cyr, 7- 1/2 Beverly Street, Methuen, Massachusetts Richard,). B&vcrs, Esq. Clerk November 24, 2006, Rev.: February 6, 2007 Joseph D. LaGrasse D-wid R. %Vcbster This is to certify that twenty (20) d0 Stephen E. Stapinski, R.L.S. 429876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810 Assn,7are ,Vemhers have elapsed from date of decisio Registry of Deeds, Northern District of Essex SS, Received and Recorded, On 2-9, 2007 Plan No. 15629 Phomas D. Ippolicowithout filing of appeal. Richard \d. ullancourt DateVam oo Joyc6 A. Bradshaw Daniel S. Braese, Esq. Town Clerk Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. . 0 6 gtio +a o I r/ Notice of Decision Year 2007 1Z ATTEST: T �i E'Ic staing TowfrCl&rk 411A, 31 / Property at: 812, Lot 15-2, Salem Street (Ma 65, Parcel. 1.5-2) NAME: John Carroll, c/o Howard P. Speicher, HEARING(S): December 18, 2007 Davis Maim & D'Agostine P.S., One Boston Place, Boston, MA 02108 ADDRESS: 812, Lot 15-2, Salem Street PETITION: 2007-024 North Andover, MA 01845 1 TYPING DATE: December 27, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the hearing at the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, MA on Tuesday the 18th of December, 2007 at 7:30 PM at 7:30 PM upon the application of John Carroll, c/o Howard P. Speicher, Davis Maim & D'Agostine P.S., One Boston Place, Boston, MA 02108, for premises at: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7.1. l and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 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 December 3 & December 10, 2007. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, 111, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. Upon a motion by Richard J. Byers and 2"d by David R. Webster, the Board voted to uphold the Inspector of Buildings and Deny a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area" as a "wetland resource area"; and upon a motion by Richard J. Byers and 2nd by David R. Webster the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7. 1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief of 18,750 sq. ft. from the setback requirements for riverfront areas in order to construct a single family dwelling per: Site: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA 10845 Site Plan Title: Plan of Land in North Andover, Massachusetts, prepared for, Helen J. St. Cyr, 7- 1/2 Beverly Street, Methuen, Massachusetts Date (& Revised Dates): November 24, 2006, Rev.: February 6, 2007 Registered Professional Land Surveyor: Stephen E. Stapinski, R.L.S. 429876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810 Sheet/Drawing: Registry of Deeds, Northern District of Essex SS, Received and Recorded, On 2-9, 2007 Plan No. 15629 With the following condition: 1. The single-family dwelling and lot shall be developed according to the Conservation Commission Order of Conditions issued 7/2/07 under DEP File Number 242-1302. Page 1 of 2 1600 Osgood St, Bldg. 20, Suite 2-36, North Andover, Ma 0184 / 5 Ph - 978-688-9541 / Fax - 978-688-9542 / Web - www.townofnortl=dover.corn r ;filbert P. Manzi 111, Esq. Chairman Ellen 1'..X4c1ntyre, 1.7re-Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Alebster Associate ,Wembers Thomas D. Ippolito Richard M. V:ullancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS I NORTH O�t«ao 0 O ,u M Q IVPD 2 103 JAN -2, Pil 14- G Voting in favor: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, David R. Vaillancourt. ry j0i\Ir}1 11'x•.' ::'.., ii ir.v�..r,.:.: i own Clerk Timc Stamp Webster, and Richard M. The Board finds that Section 7. 1.1 "Contiguous Buildable Area (CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area..." does include Lot 15-2 Salem Street (Map 65, Parcel 15-2), since the parcel was created in 2007 and was registered at the Essex North Registry of Deeds in the above cited Plan of Land on 2-9-2007. The Board finds that the "Preliminary Site Plan, in, North Andover, Massachusetts, prepared for, John Carroll, 1501 Main Street — Unit # 15, Tewksbury, Massachusetts 01876, date: February 9, 2007, [by] Merrimack Engineering Services...", submitted as part of application 2007-024, shows that the proposed single-family dwelling will be located in the same area on Lot 15-2 as the razed dwelling. Therefore, owing to this circumstance relating to the pre-existing disturbed soil conditions of Lot 15-2, Map 65, Parcel 15-2, (previously known as 812 Salem Street Map 65, Parcel 15) especially affects this land but does not affect generally the Residential 3 zoning district in which it is located. The Board finds that a literal enforcement of the provisions of Paragraph 7.1.1 & Table 2 would involve substantial hardship, financial or otherwise, to the petitioner since the 200' setback from Mosquito Brook includes almost all of Lot 15-2 except the southeast corner. The Board finds that there was no written or spoken opposition. The Board finds that the proposed single-family dwelling will be built on uplands according to the Conservation Commission Order of Condition DEP File Number 242-1302. The Board finds that desirable relief may be granted pursuant to Section 10, ,Paragraph 10.4 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. 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 Inspector of Buildings. 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. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse David R. Webster Associate Member Richard M. Vaillancourt Decision 2007-024. M65P15-2. Page 2 of 2 1600 Osgood St., Bldg. 20, Suite 2-36, North Andover, Ma 0184 / 5 Ph. — 978-688-9541 / Fax — 978-688-9542 / Web — www.townofiiorthandover.com ry Printed:01 23-2008 .. Essex North Regist9'li ry Robert F. Kelley Register Trans#: 9326 JOHN CARROLL OPer:CARMENT Book 11040 Page: 2==Inst# 1565 959'04a =1 =- Ctl#: 12 Rec:1-23-2008 p NAND 810 LOT 15-1 SALEM ST DOC DESCRIPTION TRANS AMT NOTICE ''------- Surcharge CPA $20.00 50.00 recording fee 20.00 5.00 TECH FEE 50.00 5.00 Total fees: ""- 75.00 Book 11040 Page: Ctl#: 13 Rec:1-232008 p#.9159604a NANO 812 LOT 15-2 SALEM ST DOC DESCRIPTION . ---"----"-- TRANS AMT NOTICE --------- Surcharge CPA $20.00 50.00 recording fee 5.00 TECH FEE 20.00 50.00 5.00 Total fees: "- 75.00 *** Total charges: 150.00 CHECK PM 1663 150.00 a�CEoV1 JAN 2 8 [00d RoARn nF nppFal .1 OL 0 0 i 2 col— M 7 ppRnT�p PF,``y'(� �VSACHUSE� ZONING BOARD OF APPEALS (ommunity Development Division TO: �—'' U r'! l'1 Cqrr FAX Number: C 7 � — �, q — D,,Z z.3 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, Massachusetts 01845 PHONE: 978-688-9541 FAX: 978-688-9542 DATE: r �' ,( C SUBJECT: 'ems, �' 0011 �C P $ 1 V { Number of pages: REMARKS: This is a cover/instruction sheet for your legal notice, which needs to be placed with the legal notice department of the Eagle -Tribune. The Eagle -Tribune legal notice department's direct dial phone number is 978-946- 2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune legal notice department's fax number is 877-927-9400. The Eagle -Tribune uses your phone number as your account number for billing. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11 ] publishing deadline of at least, 14 days before a hearing. The E -T needs 2 full business days before the publication date. If there is no legal notice publication at least 14 days before the hearing then the Board cannot hear your petition and you will not be placed on the ZBA agenda for the upcoming meeting. E -T Submission Date before 5:00 M 1St Publication Date Meetin Date No4b� �� �� . 3 9 7 �Q -49 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandoyer.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, MA on Tuesday the 18'h of December, 2007 at 7:30 PM to all parties interested in the application of John Carroll, c/o Howard P. Speicher, Davis Maim & D'Agostine P. S., One Boston Place, Boston, MA 02108, for premises at: 812, Lot 15-2, Salem Street (Map 65, Parcel 15-2), North Andover, MA requesting a dimensional Variance, from Section 7, Paragraph 7.1.1 (Contiguous Buildable Area) and Table 2 of the Zoning Bylaw for relief from the setback requirements for riverfront areas in order to construct a single family dwelling; or a Finding from Section 7, Paragraph 7. 1.1 and Table 2 of the Zoning Bylaw that Section 7. 1.1 (Contiguous Buildable Area) does not include "Riverfront Area' as a "wetland resource area". Said premise affected is property with frontage on the North side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle -Tribune on December 3 & December 10, 2007. Legalnotice 2007-024. M65P 15-2. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com TOWN OF NORTH ANDOVER VARIANCE m ZONING BOARD OF APPEALS 2007 NOV 16' }' 22 APPEAL: I- of 15 - 5. i 10 -S t a - o 11T 6-- rine stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the tsoara of an application as The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as in items 1 through and including 11 shall be completed. STEP 3: PLAN .PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEPS: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Cleric with the time and date of filing. The original will be left at the Town Cleric's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Binding Department �97(8N 6$8-95''1 Hing Board of Appeals Office Q 16 [U07 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication: STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OFAAPPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by usit3g the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 384 Merrimack St. Suite #304, Lawrence MA, 01843 and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. . North Andover Town Hall 120 Main Street 978-688-9501 Town Cleric's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be dearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Fads which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Cler(s Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans. by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, I1) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B S 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: n Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IIn Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk ("'). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover' for the cost of first class, certified, return receipt ($5.21 as of May 2007) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 41¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 *x2-5/8' (3 copies for the. Legal, and one copy for the Decision mailing). 11. C. Applicant shall provide a check or money order to: 'Town of North Andover' per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items t• 1©below. 1. Petitioner: *Name, *Address and telephone number: John Carroll c/o Howard P. Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108, 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2.Beverly Street, Methuen, MA 01844 tinrre riari.e n. Jonnston, under durable power of attorney; 978-994-3990 Years Owned Land: 42 3. Location of Property: a. Street: _ 810-812—Salem-Street Zoning District: R3 b. Assessors: Nlap number: 65 Lot Number: 15-2 c. Registry of Deeds: Book Number: 1046 Page Number: 89 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7.1.1; Table 2 _(Contiguous Building Area) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: In the alternative (see related application for Finding) this application seeks a variance from the.Contiguous Buildable Area (CBA) provisions of Section 7.1.1 and Table'2 of the Bylaws. See .attached memorandum. 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, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional Items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will. not meet current Zoning Bylaw Requirements. (Lines A end B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.00BA N/A N/A % N/A N/A N/A N/A N/A N/A B. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft: Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000 N/A N/A. N/A N/A N/A N/A N/A N/A 6 C. Proposed 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 25,000 N/A N/A N/A N/A N/A N/A N/A N/A 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000* N/A N/A N/A N/A N/A N/A N/A N/A *Required CBA is 75% of required lot area, or 18,750 sq. ft. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units*" 1769 2.5 25± 2670 Dwelling 2' *Reference Uses.from the Zoning Bylaw & Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet 2058 2.5 25± 3171 Use of Number Building" of Units*" Dwelling 1 *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner -and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed 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 applicanf 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 by the Zoning Board of this application as incomplete. Type above name(s) here' John Carroll. µp111" Zoo' ing Bylaw ReView Form Town Of North Andover Building Department 41 - 1600 Osgood Street, Building 20, Suite 2-36 ���� North, Andover, MA. 01845 Phone m4ea�g545 Fox 976488-! Street: 810.812 Salam Stmt. Lot 15-2 Ma /tots 56115-2 Applicant: John Carroll" Re uost: New single-famillZ dwellIno atter razing 0913tlno dwelilnp. bate: .10.26.07 Please be advised that after review of your Application and,Plans that your APPI" on Is • DENIED for the following Zoning Bylaw t onions: Zohlna District: R-3 Remed Item Ndt�: Special Permits Planning Board Item 8 Item Notes Sue Plan Revlow Speclal Permit Lot Area F Frontage 1 Lot arae Insufficient 1 Fronta a Insufficlent 2 Lot Area PreexItting 2 Frontage Cote ies X 3 of Area Complies X 3 'Pree0lin fronts e 4 Insufflclont Information 4 1 Inaufficlent Information 6 Use 5 No•aecess ovor Frontage 1 Allowed X G Contfguous Building Area 2 N-ot Afiowed 1 Insurfic ant Area X 3 Use Preexisting 2 complies 4 S ectal Permit Required 3 Preoxlsdrig GBA . b Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient it Pre6x1stln ei t 4 Right Side Insufiiclont 4 Insufficient Information 5 Rear lnsufflclan I Building Coverage 6 Preexiat ri setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Com ties X D Watershed 3 Coverage Preexisting 1 Not In Waterehed X 4 Insufflelont Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Si n not allowed 4 Zonv to be Determined 2 Sign Complies 5 • Insufficient information 3 Insufficient information E Historic District K Parking 1 In District review required i More ParkInR Required 2 Not in district X I Parking Complies X 3 Insufficient Infflrmatlon Remed far the above is checked below. Item 0 Special Permits Planning Board Item 8 Varianco Sue Plan Revlow Speclal Permit S9th',Xk Varl9noe Access other than Froniege spec5i PormilParking Variance Frontago Excectlon Lot Spedtt Pramtl G-1 Contiguous Bulldablo Areca Variance Common Driveway Spechi Porrnit HAtght Variance Congmgito Housing Spatial 15mmit Variance for 81 n. Continuing Onto Rollrement Special Permit Special Permits Zoning 8"rd Indopendent Elderly Housing Spedel Penult Speclol Permit Non -Conforming Use 7.F. LM9 Eetme Conde p9c a ermil Earth Removal Special Permit ZBA Planned Development District Speri$ Ferrels Special Permit Usa not Listed W( Simih Planned Re,atic+ntlal Special Permit Special Permit for 2 Unit R•Q;Deneity 5p00141 Permit spgclel Permit Prez-A);latlnp,'Non- Confornin Waterehed SpeolAl Permit Supply AddlllonAl Information Tho above review and attached exillmOon of suoh I,•, booed an qts plane tmd Information wibmRted. No doOnitive review And or advice thou be based on vAibol explanations by the vpplioant nor shell quail verbal explaneNon: by the Applicant eerve to provkle depnilivo nnawyrs tothe above reason for DENIAL, Any Ineopur roles, mraleacift information. or other subeequont changer, to the Informallen submitted by tho Applicant shah be grounds for this review to be voided at the dlrcrntion of the SuNding Deparimmt, The. allaehnd dvcumeni•Ytind "Plain Review Nprrellve' sMQ be attached Mroto and Incorporated herein by reference..;' 1ho'bulldlnp'deprinment will ret.;tin all plena and dwurnentatlon For the rn, You muni 8 A new burring owniitappllea(lan fern and bojin the permitting proce".. ilding aplrtrrienf 6_5I Slgnatum Application Anooived Apolleation Donled Donial Sent: if Foxed Phone Number/Date: leview Narrabtie mMnA.n�tive is provided to further explain. the masons for.denlal for the building parmit uopGrtjrindl6ated on tha reverse side: ' •1 .0 � 1 1 ��7+� 7 1 . + I •t �,, ' * ttI � 1 1l' �y.i Ill '.�' Sl / A Variance from the North Andover Zoning Board of Appeals is required from: "7.1.1 Contiguous Buildable Area (C.RA) As of April 28. 1986, the Arca of Day new lot created, exclusive of area in a street or ree'orded way open to public use, At,lcast seventy five (75) percont of the minimum lot area required for zoning :shall be contiguous land other than land located within a v/ne identified as wettand resource. arans in GecoMance with,thc Wcil,Imds.Protcetioa Act, M4nachusetty Geaoral Lawp, Chapter 131, Section 40 and the Town of North Andover Wctlaad Protection Bylaw, Chapter 178 of the I Code of Nql„ Apdover. The proposed structure must be constructed on said dc4p tied contiguous land ares. " of the Zoning Bylaw for relief from the 200 foot riverfOnt zone of Mosquito Brook in order to construct a single family dwelling on less than 76% CBA„ TOWN OF NORTH ANDOVER ESSEX, SS. ZONING BOARD OF APPEALS APPEAL OF JOHN CARROLL FOR FINDING AND IN THE ALTERNATIVE FOR A VARIANCE RE: 810-812 SALEM STREET, LOTS 15-1,15-2 APPELLANT'S MEMORANDUM IN SUPPORT OF APPEAL FOR FINDING AND IN THE ALTERNATIVE FOR A VARIANCE John Carroll, (the "appellant") who is the purchaser of the property at 810-812 Salem Street, pursuant to a purchase and sale agreement with the present owner, Helen St. Cyr, appeals from a decision of the building denying applications for building permits for two - single family homes to be constructed on this subdivided property. In the altern, thTe, the, appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn. Earlier this year, the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots, known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been designated as "Riverfront Area" under the Riverfront Act, making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their. proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However, because the CBA requirements, making `wetland resource areas" subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of "wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200 -foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was F) adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200 -foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted. amendments to either .the .State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiff's cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. 3 Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of "adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6a` ed., updated October 2006). "[W]here a statute art.2pts by specific reference the provisions of another statute, such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of, these more stringent provisions. Based on the principles discussed in this letter, we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. 4 M ALTERNATIVELY, VARIANCES SHOULD BE GRANTED Alternatively, the applicant has requested the grant of variances for each of the two lots from the provisions of Section 7.1.1 of the Bylaw, which imposes the CBA requirements. If the CBA is applicable to the property, the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, - and that desirable relief may be granted without substantial detriment to the public good and without nullity' ing or substantially derogating from the intent or purpose of this Bylaw." The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. Relief may be granted without detriment to the public good and without nullifying or derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland E resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicant's building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, JOIN CARROLL,- By his attorney, x_- - 0-0�,,--- _, Howard P.*-eer7hBO #474380 Davis, Mahn & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 Dated: November 14, 2007 6 459606v.1 }} )AM P. CLUO M & 1 ]own+ A fir, PC prep �q 343 MAIN Sn�T ( j� 149 P.O. Eoz 730 HAvaWnt, MA 01831.1303 I, Helen J. St. Cyr, being unmarried, of Mennen, Essex Cotmty, lVtass:� For less than One Hundred and 001100 ($100.00) Dollars CmtParti Grant to Helen J. St. Cyr, Trustee of the St. Cyr Family Trust, under Declaration of Trust dated September 1, 2005, having an address of 7 1h Beverly Street, Methuen, Massachusetts 01844 The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Street, North Andover, Massachusetts 01845, bounded and described as follows: Beginning at a stake and stone on the northerly cotter near a stone bridge back of the barn now or formerly of Mr. Abijal Fuller; thence J SOUTHWESTERLY by the road as the fence stands 26 poles to a stake and -sto at the soutbeasterly Corner by the Salem Road; thence 3 WESTERLY and NORTHERLY by said road as the fence now stands 39 poles to a stake and stoxi f. t bo*d formerly of Phnneas Foster land; thence EASTERLY by land now or formerly of said Foster land as the fence stands 4 4oleg& the first bound. Containing four acres and forty poles more or less. Being the same premises conveyed to me by deed of my late husband, Gerard C. St. Cyr and my elated Ort6ber 13, 1965 and recorded with Essex North District Registry of Deeds, Book 1046, Page 8 NO TITLE EXAMINATION REQUESTED. VANNFSS my hand and seal this 13* day of October, 2005. to I COMMONWEALTH OF MASSACHUSETTS Essex, ss. BK 9853 PG 150, On this 13" day of October, 2105, before me, the undersigned Notary Public, personally appeared the above-named Helen J. St. Cyr proved to me by satisfactory evidence of identification, being (check whichever applies): [ I drivees license or other slate or federal governmental document bearing a photographic image, [ ] oath or affirmation of a credible witness known to we who knows the above signatory, or Kmy own personal knowledge of the identity of the signatory, to be the person whose mime is signed above, and acknowledged the foregoing to be signed by her, as her fine act and deed, voluntarily for its stated purpose. I JOSM A. CLEAW y ic: Joseph A. Cleary co��+% �m y Commission Expires: November 12, 2005 "f s�+. 12. Qualified in the Commonwealth of Massachusetts 7006 2150 0003 1567 5345 T-7, a m cn Om_i o� no� te, ° o" mm m. 3a ka; 0 3° • No Z; w O p m E rUR LD Z 00 ^ CL o ,.. m� ' n w Mi( ' �"" _`" •rte p ��i �„} � Q. 00 00 gD 69 e`” tiy:,rKm h O s kr 00 4 m m m^ m^ ,^ • N LL ll d Ig M 0 ® , U�.y V, y O y O\ rn am am v am v am CC riO�y 0 i y o oQ mm U C� z m LL LL,m LLm LL w 00 F+ m y • n �¢ • -¢ rn .o is • `LL° m ¢ :o U ¢y mm r ymm ;¢o pmRL EE o .mN m . m N o_ o :e m: o ; E E o m y° �° ~ '�0 ¢ c T2ES L95'[ EO00 0572 900E SEES L95'C EO00 OST2 900E 7006 2150 0003 4771 9949 Re UAA y' mai E m;�°c-I y 3$ 300 am 03 (L Q W fy ° m< ME oa o v .. O. m - d m m .._2— 00It tTJ g CID 15 a m a m. (�J `° �' • i 1-4 \ O 00 ' U , :. O O p 4P,, w. Vis` �t ® 00 m 9U. lJi m u u N ° m a or m e 0 t a 'd • o e �¢ >¢ m 3. (-0, z ¢ O • m m wm EE vE o ao:ai ® • p m m �m'm dRL Qo yo m :gymq , m� o !�4 is o oG;Cag Z� Q U�z 5266 Mfi EOOO OST2 900E ¢E °E o aZ'" E o x ;m d� B0 o- io :¢m:a a: mo m `m'O o c me FO T 2E66 TUh E000 OST2 9002 7006 2150 0003 4771 9970 d g: o cn: 00 m y omi y °». °yD VM { O o= y 3a m3 CL N; Z m m'»� �� m m m «.: $• r m Q v► am 8m m 1 • O�'O O (xD ►^fir a <, cd • Em om m ;m O N Bm mm a° 1e8- . 1 V U m ,^ a : ¢� ~ h :U) U • �: fid' Z00O 9966 'C.Lh E000 OST2 900E _. c m ¢ �. • ¢c Oc v;22.N (-Ao Im cc a LU E966 Ulfi E000 OST2 900. O� m m `-- 00 d o 7006 2150 0003 4772 0006 Cd � � t�: $ m' to en m 0 F cm LL ll D LL D a U W =}1 `vV� OrV �� Fr. z: ° 3 • � m fel � (� • a m an d m cr a O_ O <.,:_. ; O S 'i O ? m a' m • • EE am �Z'ry K3 r -j Zm um d �¢o:m CL �,.m mnm m ¢ ° m ° m Ito '� • Axa f"m3t m m m • i a O� C� c 1-966'CLLh E000 ._ oo WCD 1511, StV810 VW JQAOPUV u110N'- 08 Od JO xrM -. M 00 So�Ca}I OS!d'laa„s - > aggg )Uao Ir v� � m ol,ues � E � `� b nj ® �j_I I MIR o— a O �d IBtol M" 0 lL LLm. 11 m w N _ vo0 O o° m as >m g� g m 3 (pa)lnbedivawes)opu3) f �,¢ . ¢ m m t; eed Nanllao Pelol)�say O • 0 ¢ c o c O uewas)o u r-3 • E E ° E o aNz (Pa)mbey 3 P 3)o m d m n feaIdleoey njey c0- c0 H a a .e)eH ti o:� eunsod C' W 90=1 Pe1)lueo CO) o :U 96s;sod h666 U.? -h Eonn nSTa 9nn) Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A, Section 1i states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Propertv: MAP PARCEL Name 65 15 Helen St. Cyr Abutters Properties Map Parcel Name 65 14 Woelk Egbert 65 22 Frank Kirby 65 26 Michael Foss 65 27 Derek Larson 65 42 Francis Kozdras 65 53 Joyce Cooper 65 55 Anna TymvakieWz 65 59 Goran Bringert 65 60 David Eckman 65 63 Roger Mailhot 65 66 Charlotte Pellegrino 65 88 Clarke Harris 65 282 Larry Ayres This certifies that the names appearing on the reFords of the Assessors Office as of V Q OU Certified b : D\IVate. 11C2 Address 812 Salem Street Address 50 Keyes Way 10 Summer Street 771 Salem Street 20 Abbott Street 805 Salem Street 844 Salem Street 464 Appleton Street 817 Salem Street 835 Salem Street 410 Blue Ridge Road 18 Summer Street 793 Salem Street 45 Keyes Way North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Date 11/15/2007 Page 1 of 1 W a 3 w a O U, W o m W a K W ? ? J Z m Q � W �-iLL,511 } O li J O ._ _._...... OHO SO O W Q (�-a' a w� O N U0U UZww Q W Q �'iF- Y p O H o Q a 3 Z L-& 3- w Q w OQU o �[Y W Op 4.4.3 O O UO Z? 0 ZZ W W 0 o�Z O, O N U =amV V --I ¢ w w 2 w O�Z 7� 00 2 3wF U (7 ZO O LL,J JZwx rh m0� mo 33 z�3 pw w V) 3 vF-i o�LOw v 0 a o �� o Sao 4 pcl, m u mUo mU>i3o 214 000 a 0 m� o� Q d 0 b (H1a14i m� NE \- �N3W3AVd 'ONOO '1187 e �fi7 �OSO`Y Q � 0 fz / •moi c. \ ate, 4. o `.V Ir W o N DO J W oZ N 3 Of 8) -Z Wa NOM UN Z x pit ZOJ� o w as Q S ? O • a r - Q N Z O iri¢ pll W a 3 w a O U, W o m W a K W ? ? J Z m Q � W �-iLL,511 } O li J O ._ _._...... OHO SO O W Q (�-a' a w� O N U0U UZww Q W Q �'iF- Y p O H o Q a 3 Z L-& 3- w Q w OQU o �[Y W Op 4.4.3 O O UO Z? 0 ZZ W W 0 o�Z O, O N U =amV V --I ¢ w w 2 w O�Z 7� 00 2 3wF U (7 ZO O LL,J JZwx rh m0� mo 33 z�3 pw w V) 3 vF-i o�LOw v 0 a o �� o Sao 4 pcl, m u mUo mU>i3o 214 000 a 0 m� o� Q d 0 b (H1a14i m� NE \- �N3W3AVd 'ONOO '1187 e �fi7 �OSO`Y Q � 0 fz / •moi c. \ ate, 4. o OF O N Z� p0 L" N w J W oZ N 3 Of 8) -Z Wa NOM UN Z x ZOJ� ^Oa - o ? O • WO �} U� Oma Z O iri¢ pll N NW Z aN UaJxa oo rnG 00} 00 �N �~w� QN N> vaj? w -� N3po WO NJ WZ O "v¢ < Qo Jza� aZJ �0 0 0 a F- ZU NO Q o0 Jo J wW ?Q m a �c� WZJvi O �OaW ZJa LL� W Q W=� 11 Z NO V O- �� aQ !r Z Z mx No zvi(t^ No zp �= a ¢� w'Wa �N co r w U v) ~' 0 5-,4 �4S N O 0a to OF} -OS w. Zxv}Z 0'_m ZQ- m Za ao� (,L v) 1- mtrOZ F- a LL,U [YN is W S NN �x Mr700 How . p l.w �� 3 x Tt2 A waQW Zc000MO = UQ Zzo 0- uN Z z OwUO Qom• -^J w ZW WON J�OJa 0_JJJ� T n O m p W O Z W a a a Z ��� O p} WO Z 00 V1 oWO DOJO= ZOOtJp wo: s.- 2W N Oa w x a Z OU' Q OWU ZNWW Q0Y O_O:U W 0 N n Z W UN W O W W� FJ"JW 5 L'2 �} z zzz w w w O W m �Q WW WZ �m F � NQ -� Ow 2� NNO w mw41 LJ� !n J W N M a v) tp r W a 3 w a O U, W o m W a K W ? ? J Z m Q � W �-iLL,511 } O li J O ._ _._...... OHO SO O W Q (�-a' a w� O N U0U UZww Q W Q �'iF- Y p O H o Q a 3 Z L-& 3- w Q w OQU o �[Y W Op 4.4.3 O O UO Z? 0 ZZ W W 0 o�Z O, O N U =amV V --I ¢ w w 2 w O�Z 7� 00 2 3wF U (7 ZO O LL,J JZwx rh m0� mo 33 z�3 pw w V) 3 vF-i o�LOw v 0 a o �� o Sao 4 pcl, m u mUo mU>i3o 214 000 a 0 m� o� Q d 0 b (H1a14i m� NE \- �N3W3AVd 'ONOO '1187 e �fi7 �OSO`Y Q � 0 fz / •moi c. \ ate, 4. o WOO i I 0 �0� qC0 min —v ��� 4g O n 2 I I> b z m n—o in mm Z 0, LM Anw A �nAA m m Z r o m m a 0 v z c W 0- v o A 0 A ° M,>° cc m?A Fmk ��arnrn mz�oaN > m z p >rA oo: Inz Zmn Z i- r ° 2 '� C � m;r >- m �^ x 0 m m r� 07 m 'amD z r+t rn 0 M 0>0 Z�-,m A M z Z!�;_ >Zc7 zm-uM> o;ov vi >mm � z 0zZv z vy 0 r mm °m-4 *Zc > m 9-+ or AZO fes' cmnzZ m n n�zN 0� yip �m Qiczocmz' OAAcif>S ._. m 1mt�11 ,1y Ozn A. m 00TOO9aW .. ;ArrO�r ''�=ZM z O Z A M m m=. Q� As:> �Nm P (A 8-4 r O�NZ�� (n C�Zz ZnmN (D/f5�v0z cnmZNmTZ;. >A 2Cmz � CQnq�nZD .D( 1 0 m 00 y{z/1 0McMm 1OVO MR 0Z yAmm v (Ai,zO o M z vm J 91 N A W N RI Qo �Q >0 �rnmrmm IZ�i�nP c) ;o �> mm jm NCOGA z>-<> ;o,, O �Z N Ag goao��gN t� z VcVo11�+ �° ro zo��'� c�cpQ�a� vBWq ° Rlz NZ O" rr-!- ri C"m� =XqZ Z �rn zZ ZAo->(�OOO mp�p-0� a.2 0 m� m v� COWW SZOm ;.5. 3! Ag m> MW gNmZ Ivo > A0 �n jm m0�° .4>>j0 O cy xz xg c 0 ^� A c g Z' IA ;co z Z ZA A� ON > CN >�D PP AA m Z�2rl Ay O rZ Qo zz rr'ZG� A N° SO'iD A'D z� O� n Mm ;,<° yg vo vA `"v o gm rn f+1 z Ncn> z 40 c 11$ zo WAzrni A*� Z � v (o(h� o co 1 0 o r ZO N n m z S. Z �rn > mrM A n 6v zz c A �v Io0 _- D_A�_ 0C go m mA om Z c a W) °z M z v m 59 0 J 91 N A W N RI Qo �Q >0 �rnmrmm IZ�i�nP c) ;o �> mm jm NCOGA z>-<> ;o,, O �Z N Ag goao��gN t� z VcVo11�+ �° ro zo��'� c�cpQ�a� vBWq ° Rlz NZ O" rr-!- ri C"m� =XqZ Z �rn zZ ZAo->(�OOO mp�p-0� a.2 0 m� m v� COWW SZOm ;.5. 3! Ag m> MW gNmZ Ivo > A0 �n jm m0�° .4>>j0 O cy xz xg c 0 ^� A c g Z' IA ;co z Z ZA A� ON > CN >�D PP AA m Z�2rl Ay O rZ Qo zz rr'ZG� A N° SO'iD A'D z� O� n Mm ;,<° yg vo vA `"v o gm rn f+1 z Ncn> z 40 c 11$ zo WAzrni A*� Z � v (o(h� o co 1 0 o r ZO N n m z S. Z �rn > mrM A n 6v zz c A FINDING TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements for an Application for a Finding Ten (10) copies of the following information must be submitted thirty 33g days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incom e. The information herein is an absbad of rare specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will comok" hems that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Budding Commissioner. STEP 2.- FINDING APPUCATION FORM: petitioner completes an application form to petition the Board of Appeals for a Finding. Aii information as required in items 1 through and including 14 shall be completed. Sp -P: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4 OBTAIN LIST OF PARTIES IN INTEREST: The pier requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5• SUBMIT APPLICATION: Petitioner submits one (1) original and ten (1 U) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town `Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be.left with the Zoning Board of Appeals secretary. OT 4 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL 140TICE: The office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The Ipetitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7• DEUV-M OF LWA NOTICE TO NEINSPAPFA The petitioner picks. up the legal notice from the office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the infom+adon it has otherwise recei• �;. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to. all Parties in Interest. Any appeal of the Hoard's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. S a 10• RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification o the decision and any accompanying plans at the Essex County, North Registry. of Deeds, 381 Common St., LaNaence MA, and shalt coriplete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. & Services 18Wpsgood St., Bldg. Z0, Suite 2-36 120 Main Street North Andover, MA 01845 978-888-9501 Town Clerk's Office 9784;88-9542 fax for Community Development offices 978488-9586 Assessor's Office 97888-9545 Building Department 978-688-9541 Zonina Board of Appeals Office D�CEE lj,jI1l� NOV 16 M1 BOAR© OF APPEALS PAGE 1 of 4 �z go7 C� C-? - - X�'-- C�- o f 2001 NNOV 16 i 10. 22 OT 4 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL 140TICE: The office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The Ipetitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7• DEUV-M OF LWA NOTICE TO NEINSPAPFA The petitioner picks. up the legal notice from the office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the infom+adon it has otherwise recei• �;. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to. all Parties in Interest. Any appeal of the Hoard's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. S a 10• RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification o the decision and any accompanying plans at the Essex County, North Registry. of Deeds, 381 Common St., LaNaence MA, and shalt coriplete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. & Services 18Wpsgood St., Bldg. Z0, Suite 2-36 120 Main Street North Andover, MA 01845 978-888-9501 Town Clerk's Office 9784;88-9542 fax for Community Development offices 978488-9586 Assessor's Office 97888-9545 Building Department 978-688-9541 Zonina Board of Appeals Office D�CEE lj,jI1l� NOV 16 M1 BOAR© OF APPEALS PAGE 1 of 4 �z go7 C� C-? - - X�'-- C�- PAGE 4of4 & WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be dearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the North Andover Zoning Bylaws. All points, A -C, an required to be addressed with this A. The particxdar use proposed for the land or structure. B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- confon ring use. C. Address all appropriate details of the Building Commissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan(s). Pians must be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Rsgh tefed Auchiteet may be required when the application involves new constructionicomrersion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five (5) or more panting spaces. Il) three (3) or more dwelling units, ifl) 2,000 square feet of building area. Major PmJects shall require, in addition to the 10B. S 10 C. features, that the plans show detailed utilities, soils, and topographic information. '10. EL *Plan Specifications: A size of pian: Ten (10 % paper copies of a plan not to exceed 11"x17", prefemad scab of 111=401. ED One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date.. FINDING HQ Pian shall be prepared, stamped aril certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered I.ardscape Architect may be required for Major Projects. *10. C. 'Requited Features On Plan: 0 site Orientation shall include: 1. north point 2. zoning districts) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. Ill Legend A Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed fines 3. Graphic Scales 4. Date of Pian 5. Title of Plan 8. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Loans. 10. D. Minor Projects Nnor projects, such as decks, sheds, and garages, shall require only the pian information as indicated with an asterisk (h. in some cases further information may be required 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #W 17604841' for the cost of first class, certified, nftum receipt (currently $4.64) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's fist for the legal notice postage check. Also, the applicant shall supply first class postage stamps (currently 39p) x the r1 of parties of interest on the abulter's1ist for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 tic2-5/8' (3 copies for the Legal mailing and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. FAUt /. yr 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D 1 N G Please complete all iteft 1,10 below, 1. Petitioner: *Name, *Address and telephone number: John Carroll c/o Howard P. Speicher, Davis Malm & D'Agostine P.C. One Boston Place, Boston, MA 02108, 617-367-2500 *The petitioner shall be entered on the legal notice and the decision as entered above 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Helen St. Cyr, 7 1/2 Beverly .Street, Methuen, MA 01844; Ann Marie H. Johnston, under dubable power of attorney; 978-994-3990 Years Owned Land: 42 3. Location of Property: a. Street: 810-812 Salem Street Zoning District: R3 b. Assessors: Map number: 65 Lot Number: 15-2 c. Registry of Deeds:_ Book Number: 1046 Page Number: 89 4. Zoning Bylaw Section(s)* under which the petition for the Finding is made. Section 7.1.1 Contiguous Building Area; Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: This appeal seeks a finding that the subject property complies with the Contiguous Building Area requirements of Section 7.1.1 and Table 2. Section 7.1.1 does not include "Riverfront Area" as.a "wetland resource area." See attached memorandum. 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, section 9 of this application. Failure by the applicant to. describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6A. Difference_ from Zoning Bylaw requirements Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Sq. Ft. Sq. Ft. A. N/A N/A Percentage Lot Coverage N/A % N/A Frontage Parking Feet Spaces N/A Front ' Side A Side B Rear N/A. N/A N/A N/A NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G 6 B. Existing Lot: Lot Area. Open Space Percent Lot Sq. Ft. Sq. Ft. Frontage Parking Minimum Lot Setback Coverage Feet Spaces Front Side A Side B Rear 25,000 N/A N/A- N/A N/A N/A N/A N/A N/A 6 C. Proposed Logs): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Minimum Lot Setback Feet Spaces Front Side A Side B Rear 25,000 N/A N/A N/A N/A N/A N/A N/A N/A 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Frontage Parking Minimum Lot Setback Coverage Feet Spaces Front Side A Side B Rear 25,000* --N/A N/A N/A N/A N/A N/A N/A N/A *Required CBA is 75% of required lot area, or 18,750 sq. ft. 7A. Existing Building(s): Ground Floor Number of Height Square feet Floors Total Use of Number Sq. feet Building" of Units"" 1769 2.5 25+.- 2670 Dwelling 2 "Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units" 2058 2.5 25+ 3171 Dwelling 1 'Reference uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed 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 Po 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 by the Zoning Board of this application as incomplete. 1 Type above name(s) here' John Carroll �911,M Zoning Bylaw Review Forth °�• �''> Town Of North Andover �e Building Department - 1600 Osgood Street, Building 20, Suite 2-36 e� North. Andover, MA. 01845 Phone 978.405.9545 ' Fax 978-68-! Street: 810.912 Salom $tires .Lot 15-2 Mop/Lot.- 66115.2 A llcant: John Carroll" Re uost: New single-famllX dwelling after r razing. xlsting dwelllno. bate• 10.26.07: Please be advised that after review of vourAnnlieatlen and Plans,that veur AnnlinAtlan Is DENIED for the following Zoning Bylaw masons: Zohina District: R-3 Kemed {tern Notes 3 ecial Permits Planning Board item I Item Notes A Lot Area P Frontage 1 Lot area Insufficient 1 Fronta a nsuf rcient 2 Lot Area PreeAkting 2 Frontage Complies X 3 Lot Ares Complies X 3 Pr6e)deting fronts e Planed Develapmoht District Special Porosis 4 In;Ufflclont Information .Planned 13ec10orstial Special Pormit 4 Intrufflclent Information R•G Denelty Spoolai Permit B Use Wpterehed spaoiAl Permit 5 No'access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insurficlent Area X 3 • Use Preexleft 3 Com lion• 4 Special Permit Required 3 Preexisting CBA . 5 Insufflclent Information 4 Insufficient information C Setback H Building Height 1 All setbacks con l y X i Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufliclent 3 Prcexistin eight 4 Right Side InsuMclont 4 Insufficient Information 5 Rear Insufficlen I Building Coverage 6 Preexleft wetbacks 1 Coverage exceeds maximum 7 inauf(iCient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting i Not In Watershed X 4 InsuMclent Information 2 In Watershed j 11 Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zonv to be Determined 2 Sign Comp Q3 S. Insufficient Information 3 Ins ufficlent Information E Historic District K Parking i In District review re uirad i More Parking Required H2 Not in district X ParkinS Compiles X __ _ 3 Insufficient Informetivn Kemed far tho above Is checked below. Kam 0 3 ecial Permits Planning Board item I Varianco sus Plan Rpvlow Speclat r'ermltSeS*ck ver+encs Aceet;s Otho► then Frontape Speela orml Parking Vallance Frontage Exceatlon Lot SpadN l0nmilt 6-1 Contiguous Bulldablo Area Variance Common Ddwwmy Specht Pormit Height Variance Congnngit(% Housing spechl Permit Variance for $1 n Continuing Corp Rollr'ament Special Permtl Special Permits Zonin Board Indopendent Elderly maus+npSpedel Pe"'It Speclol Permit Non-Cortforming Use 7,F. Earth Removal Speclal Permit ZHA Lnrfle Estate Conde Spqcjol Pernill Planed Develapmoht District Special Porosis Sp9CI21 Permit. Usa not listed but Simile .Planned 13ec10orstial Special Pormit Special Permit for 2 Unit R•G Denelty Spoolai Permit $090161 Permit Pry.g)laGrig,'Non. Conforming Wpterehed spaoiAl Permit Supply Addlllor4l Information Tho above review and attached expl8nptlon of suoh I* beied on the plane end Information mobmitted. No dount8ve review and or edvka ."(10 be based an vnrbspl exp}aneUont: by the oppheent no. shall quail vorbol explanedon: by the applhnt serve to Provide dsfhillvo anpwgrd W the above 19890118 for DENIAL, Any IneoQun+olea, mltue.uft Informgilon, or other subeeqututt changer to 1149 Infarmslldn Rubmltted by tho applicant thou be grounds for this review to be volded at the d+rcrPtion of the SuRolrip Oeparitnnnt The altechnd document•utind "Plan RaMew Npr►etivV 9ND be ettectred hrroto and incorporated herein by rAvarice- This bulldlrig'depnriment will retain All piens•and documentetloo for the In. You must f1 A new building Perinet eppllzoelon. farm snit bojin the pomitting proces,-: tiding bpnrtmenl fnt:i�n! Slgnatum Application Reooived Appl AtIon Donlod donial Sent: If Foxed Phone Number/Date: teview Narrab,%e wuing nti'rtitive Is provided to further explain. the masons for dental for the building permit >roporty tnd�ated on tha reverse side: �r, � • u .gyp , �� 1b•.•�.}(/ ]� :1 N 1p 4 `�, 1r IY .1t i . ,(tt•fld.•P, f , A,,!Y , • B � a ' r Y l 6 �{� �., ,'I•, l� x1L ,Fy::�•:,i �' .1�� R A Variance from the North And Zoning Board of Appeals is required from: •"7.1.1 Contiguous SulldableArea (C.8A) As of April 28, 1986, the area of any new lot cm-ated, exclusive of ares' in a street or rec'ordcd way open to public urea, At,teast seventy five (75) perwnt of the minimum lot area required for zoning shall be contiguous lnnd other than land located within a tine identified as wetland resouree.arcas in accordance witlt,thc Wctl.'mds.Protection Act, Uowchusetta Qenomi jAwp, Cb aptcr 131, Scotian 40 and the Town of•Varth Andover Wcdand Protection Bylaw, Chapter 178 of the Code of NQilb Apdtnre tie proposed stmcture'must be constructed o:n said dexigaitted contiguous Lund arca. " of the Zoning Bylaw for relief from the 200 foot riverfr.,pntzone of Mosquito Brook in order to construct a single family dwelling on less than 75% CBA., TOWN OF NORTH ANDOVER ESSEX, SS. APPEAL OF JOHN CARROLL FOR FINDING AND IN THE ALTERNATIVE FOR A VARIANCE RE: 810-812 SALEM STREET, LOTS 15-1,15-2 ZONING BOARD OF APPEALS APPELLANT'S MEMORANDUM IN SUPPORT OF APPEAL FOR FINDING AND IN THE ALTERNATIVE FOR A VARIANCE John Carroll, (the "appellant") who is the purchaser of the property at 810-812 Salem Street, pursuant to a purchase and sale agreement with the present owner, Helen St. Cyr, appeals from a decision of the building commissioner denying applications for building permits for two single family homes to be ccr-3`-acted ,,n -this subdivided proper~; . In the alternative, the appellant requests that the Board of Appeals grant the variances to authorize the proposed construction. The property at 810-812 Salem Street was formerly a single lot, improved by a single- family dwelling and by a barn. Earlier this year, the Planning Board endorsed a plan as "approval under the subdivision control law not required", dividing the property into two lots, each with sufficient frontage and area to constitute a separate building lot under the Zoning Bylaw. The two lots, known as Lots 15-1 and 15-2, are located in an R3 residential zoning district. Each has at least the minimum lot area of 25,000 square feet and the minimum frontage of 125 feet. THE LOTS MEET THE CONTIGUOUS BUILDING AREA REQUIREMENTS OF THE BYLAW Both lots are located within 200 feet of Mosquito Brook. Since the adoption of the Riverfront Act in 1996, land within 200 feet of Mosquito Brook and other rivers has been designated as "Riverfront Area" under the Riverfront Act, making it subject to the jurisdiction of the Conservation Commission. By his denial of building permit applications for each of the lots, the building commissioner has questioned whether the lots meet the "contiguous buildable area" ("CBA") requirements of Section 7.1.1 of the Zoning Bylaw, on the basis of their proximity to Mosquito Brook. If "riverfront area" as defined by the Riverfront Act is included in the definition of "wetland resource areas" in the CBA provision of the Bylaw, then both lots are almost without any contiguous building area as defined by the Bylaw, because they are both within 200 feet of Mosquito Brook. However, because the CBA requirements, making "wetland resource areas" subject to the CBA requirements, were adopted a decade before the enactment of the Riverfront Act, the description of "wetland resource areas" in the CBA provision does not include riverfront areas, and therefore the two lots meet the CBA requirements of the Bylaw. The CBA provision of the Zoning Bylaw provides as follows: As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. At,the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover Wetland Protection Bylaw did not include the concept of a 200 -foot buffer from a river or stream. No such resource area existed in the State Act prior to the adoption of the Riverfront Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was 2 adopted as a resource area in the local Wetland Protection Bylaw in 1998. At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been amended to include the new riverfront area as a resource area that must be excluded in calculating CBA. Consequently, the 200 -foot riverfront area cannot be a resource area that must be excluded from CBA. By referring to "wetland resource areas in accordance with" the State Act and the Wetland Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic matter of statutory interpretation, the CBA provision cannot be properly construed to include subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw, not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote required to amend the Zoning Bylaw. It is a basic rule of statutory construction that a statute incorporating by reference a specific provision of another law cannot be amended by reference simply because the statute to which the reference is made is amended. For instance, in a case in which an employee of a subcontractor of the MBTA tried to take advantage of a subsequent amendment to the "Prevailing wage" law that made the law applicable to an "authority" as well as to cities and towns, the court held that the later amendment of the statute did not apply to the plaintiff, because the plaintiff's cause of action arose prior to the adoption of the amendment, and so the statute in question did not impliedly include "authority" with respect to the plaintiff's claim. W Ruby v. Earth Tech, Inc., 62 Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA provision of the Zoning Bylaw was adopted at a time when the reference could not have included "riverfront" areas as wetland resource areas, because no such resource areas yet existed. The Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have meant to include a resource area. under the provision's coverage of which they could have had no knowledge. This conclusion is mandated by the basic principle of statutory construction of "adoption by reference of limited and particular provisions of another statute, in which case the reference does not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7 (6t' ed., updated October 2006). "[W]here a statute adopts by specific reference the provisions of another statute, such provisions are incorporated in -the form in which they exist at the time of the reference and not as subsequently modified." Id. The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas. Under the principles cited above, this reference cannot be deemed to include later amendments to either the State Act or to the Wetland Protection Bylaw without a specific amendment to the Zoning Bylaw allowing such incorporation by reference of these more stringent provisions. Based on the principles discussed in this letter, we urge the Board to conclude, as we believe the law requires, that the two ANR lots recently approved by the Planning Board at the property are not in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito Brook. FA ALTERNATIVELY, VARIANCES SHOULD BE GRANTED Alternatively, the applicant has requested the grant of variances for each of the two lots from the provisions of Section 7.1.1 of the Bylaw, which imposes the CBA requirements. If the CBA is applicable to the property, the property meets the requirements for the grant of a variance. Variances are to be granted where "owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or parpose of this Bylaw." 'The present application meets these requirements for these two lots. Due solely to their proximity to Mosquito Brook, the two lots, although entirely upland, have been deemed to be within a "riverfront area" meant to prohibit construction in wetlands. This is a circumstance relating to the "soil, shape or topography" of the land, and is one that affects this land but does not affect generally other property in the same zoning district.. As a result of this peculiar circumstance, both of these lots are potentially rendered completely unbuildable, subjecting the owner to substantial financial hardship. The existing dwelling on the property is old and in need of replacement, and the barn is no longer viable. Relief may be granted without detriment to the public good and without nullifying or derogating from the intent of the Bylaw. The Conservation Commission has already issued an Order of Conditions authorizing the proposed construction, which is an indication that the proposed construction can be accomplished without damage to Mosquito Brook, the wetland 5 V resource the protection of which is the obvious goal of the CBA provision in this location. For the reasons stated above, the applicant respectfully requests that the decision of the building commissioner denying the applicant's building permit applications for the two lots on the grounds that they violated the CBA provisions of the Bylaw be reversed, and that a finding be made that the proposed construction on the two lots does not violate the CBA provisions of the Bylaw. In the alternative, the applicant requests that the Board issue variances from the CBA provisions, so that the building commissioner may issue building permits for the proposed construction of a single family home on each of the two lots. Respectfully submitted, - - JOHN CARROLL, By his attorney, Dated: November 14, 2007 6 459606v.1 Howard P. *-eiKer7BBO #474380 Davis, Mahn & D'Agostine, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 w ynmsP.G1"yM& JOWH A azw, P.0 AYtt MAIN ATW B 9853 PG 1 343 MAIN 57f1�i 49 P.0 Box 7.30 HAVWUU, MA 01831.1303 . _ _-. _ oUPrCLAIlVI DERD I, Helen J. St. Cyr, being unmarried, of Methuen, Essex County, Mases For less than One Hundred and 00/10Q ($100.00) Dollars Wn Pdd Grant to Helen J. St. Cyr, Trustee of the St. Cyr Family Trust, under Declaration of Trust dated September 1, 2005, having an address of 7 1h Beverly Street, Methuen, Massachusetts 01844 WITH QUITCLAIM COVENANTS The land with the buildings thereon, situated on Salem Street, North Andover, and having a street address of 812 Salem Street, North Andover, Massachusetts 01845, bounded and described as follows: Beginning at a stake and stones on the northerly corner Mar a stone bridge back of the barn now or formerly of Mr. Abijal Miller; thence SOUTHWESTERLY by the road as the fence stands 26 poles to a stake and -sto at the southeasterly corner by the Salem Road; thence at WESTERLY and NORTHERLY by said road as the fence now stands 39 poles to a stake and stony b,*d formerly of Phineas Foster land; thence EASTERLY - by land now or formerly of said Foster land as the fence stands d0toolet& the first bound. Containing four acres and forty poles more or less. Being Me same premises conveyed to me by deed of my late husband, Gerard C. St. Cyr and mysem dated October 13, 1965 and recorded with Essex North District Registry of Deeds, Book 1046, Page 8 " . NO TITLE EXAMINATION REQUESTED. WITNESS my hand and seal this 13" day of October, 2005. Tit �r {FA COMMONWEALTH OF MASSACWSEM Essex, ss. BW 9853 PG 150 On this 13* day of October, 2105, before me, the undersigned Notary Public, personally appeared the above-named Helen J. St. Cyr proved to me by satisfactory evidence of identification, being (check whichever applies): [ j driver's license or other state or federal governmental document bearing a photographic image, [ j oath or affirmation of a credible witness known to me who knows the above signatory, or Kmy own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as her free act and deed, voluntarily for its stated purpose. JOSEPH A. CLEARY ic: Joseph A. Clauy / ,, Tn y Commission Expires: November 12, 2005 ` iCwm Exphs Nor.12.20 Qualified in the Commonwealth of Massachusetts Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Prone MAP PARCEL Name 65 15 Helen St. Cyr Abutters Properties Map Parcel Name 65 14 Woelk Egbert 65 22 Frank Kirby 65 26 Michael Foss 65 27 Derek Larson 65 42 Francis Kozdras 65 53 Joyce Cooper 65 55 Anna TymvakieWz 65 59 Goran Bringert 65 60 David Eckman 65 63 Roger Mailhot 65 66 Charlotte Pellegrino 65 88 Clarke Harris 65 282 Larry Ayres This certifies that the names appearing on the relpords of the Assessors Office as of li Q 0 Certified b Date /L 67 Address 812 Salem Street Address 50 Keyes Way 10 Summer Street 771 Salem Street 20 Abbott Street 805 Salem Street 844 Salem Street 464 Appleton Street 817 Salem Street 835 Salem Street 410 Blue Ridge Road 18 Summer Street 793 Salem Street 45 Keyes Way Date Page North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 11/15/2007 1 of 1 m n a m VI m 70 s 1 F 'm D '� '? z \ a �o ? O / z '\ M a= o = 2 Ll o u J, H , O o ' TOTAL FRONTAGE=1\90.18• . , 37_44' _ 38_55 .9 ' _ T � '39'S3'Eo S00'28'14'WSIOpy.A9 � 9S.8). OrAI % w . m1 �S155054 \ \ CS B ' 1 C BIT. CONC. PAVEMENT 571462) tJ L ' � W 0o iVARge�E W�pT E ROA. D oo®o �o pp\A��0�CD :71 ��W CD Mm ° o n z n Mn4-o n n z� m 0 z �m mA�= o'Aci z�� m yma —1 op z� 00Z� C "i O n pOH -n AX ~o ADO ccm n o r < -z0 D D ZW momLO �p p r D� 0>rr, D 0 00 pO Ln A D m z 0A M Z M Z O r 'T1 p 0 r m� 0 D z r Z z �-M rrn r m m 0 z m m v m m O m v O ,m -um D z m v J � U1 A W N y �•.•1 Lm< n� ommmzRl mz 3>0 g O�i vRl11/1m ' C (+i m1 U10 Zm mm p1Z?Zm r*t 0r� mm O 7m z> m� aN novv� rZ1nj> mom n Oz NUI IInz o�O�z �rr-000 prm* 70 m =O o=O Am c• 1) aOn Avz z m ZG)O p m O 11m W Ov {r__ ror DO -y NOO = Z mo NO0 D a z >WOWz 0>mc) oz f U1� mm o'i CoO�C <zOp ZO2. Z ;A mr mW � ANmm c.�➢ mo >�0 Wm mOAO D 00 O x p -i�O C A m m A -, � ;0 r 1 OC O� 0,0M r'1m ACoo N zm > 0 z C� rrA WN mO< m�cm� Zm Z m Z zm ;>0 O� TID S O V1 0Drz p Vl - 0 �N rm �� y�ZA Z7� ID D D 0r 00 rZ> ON Ao zr� N m cn rN om pMvN �m DO m a n A� DO Nz o�m< =V' VI -C O C) Cep M p VI D r'1 N j mn Z c zo zo r9 C\- mm Z 0 ;K 3> O 00 V m m m o N(7 OUl 70 oCc:Z Al . Z ?p zl� v A A n pD <m m Dr m N m N �O x1z 00 m v 0 In D U.0 SUM �a m +'>; m MfRST �� ~z. . . II r [% 0 O Cyy Oc D C um � 1 v �. m ��; 0000 i DDzzfg*0wm0m 0a) x I � � �n � + 0 I � n-0� o ° n m= I I D`° oz `�mzz0 vNXo°Z�°co0. v�too � rnrr y� vvmmc� O'n-q�zo0O0- M 00 r-.nf0ao� ZZz m �' Fr`tA��o�zz0Ln (A N°M m z -nODS a ;00 0 x 0 Z r r v Q O m m D m mS 0 � cZi m m�r-i* M O m 9 m D a m x a N �czOcmZ- D M M O> X ijN m .1OzoA i oraNZr�mo�.. 3A ZO m=Zm GZC rn jm-V ,,jII-< Q�Am�� I 0 ,, - r �n �qz00- G n DNMO $�ZZ. Z oZ too z c w o� N omDmm v m Z N �� IO (,(no =ioz> �zmomc�N mz J y��gAN��m � m -n m�mmm0 c°n�21 zz A °v m z�gr*m jnA,O �ZRZ .ZO:uz._r ' > Z� �vom >m�O ZA�Vz Oro N aD�m � z v OZZzz N ONA wprzn m-4 0 acsm MZ Cmoz CZ) �Di o�pa N � o �m A �m Z O 01, Z r� O Ga C m R1 0 m ;0 r . m Z Z o m z 4 D 0 m v 0 r J O1 N A G N I xo c� z� z �a m >"� �mmmm Zzc`r �+� wovvq Z x r"3 M Ag Zv"Ov'A' oZ too z c w o� 20°N imp CD� �rrr� �'8z v m Z N �� r�� + °t mQ O Nz mZ a z rx Coww� �yMG r^o� �a rD,i� . ' ovximW Z �n Am D m ° vN r :�O N,�>°p M x y� TZZm n A 7O1 �C OZ ON�N*1a Z N C� 04 WN Z A�C� z Z Z A 7- MA '9 O (n S D r z C �j DO vN m DZ o0 00 N° °a D -ZZmr OmD 7 4(A �'+cNn o D°v ��N Cp ArJn (n 1" p g !T. Z mN Z}Q{ V°1 fn Z H N D a�v'''0 c �Z�A O� o N(� Oin ;a 0C, MN -a L g. z m ?t Z J m A z fn O a o p o D>6>zzfF0m�4� 14 �g����NZioahp��AF'g��mSZ�L_ d �a nZgoag '`C O A �� f 0 ^z zrn Z �$ x z v Lh T �A�zSt2A A� S' 11c) A to yi� �Q�pyQ no Dig y DO ��ga a w O -i � b f N ;�agZg X1--4 c � r IC ��1MZ�z�mf1 O C N =` 22 r� t o D>6>zzfF0m�4� 14 �g����NZioahp��AF'g��mSZ�L_ d �a nZgoag '`C O A �� f 0 ^z zrn Z �$ x z v Lh T �A�zSt2A I yi� �Q�pyQ no Dig y DO ��ga Z -i Nm�SN y f N ;�agZg X1--4 �m�SNy 1p'19 -Y ry. SXp�}72y. IC ��1MZ�z�mf1 O C N =` 22 z5 r �N o0Zzoco �*;.Ago m g my ono z S N� y DO ��ga Z -i N�Y O me o X1--4 N� O GO(rWN y SXp�}72y. 0'0 O45 4>o O C N =` 22 z5 r �N o0Zzoco Z g IA H czi bRroN Y' p6 N fel ZN �� b� ml a L p�St� Al r r id gN O O g�FNyy V O� N !, N N yy� z C) z�K� mo y A g m $ g000A q, N�Y m� X1--4 N� O GO(rWN y SXp�}72y. Df7j'I= R' �m O45 4>o O C N =` 22 2 j'A -TA A s� of RNoZ �N 2A� GU SDczp Z HI o ��'y g }Q�1� bRroN Y' p6 N fel ZN �� sa 0 z� P> Al N ty Dr p0 SN O O NA �MMeRmim, r sl o C a g(A m�� ti om am 0 z c�i ---*Orr t 0El00 C' I DDz�o �Egc)g?;o I . z 0 W O � ca w I D Z 0 m! O -n1 n m m A Z m CA m O CD z0-- LnZA f*1 0 O 0 G) F,MS 00 �C 7,-c m z r r p m m m. D- O O O Z .0 ' V OmZp- ,;Om Om 0pA z d C-)>ZO OO m.Z O g rz0. r -Z C)w mOm(7) -'fib 0 D � > F--< �m A 0 O K O . -�O Om DD M Zmz 0 r A � _� -n 0 O- -�rC � m� zDA� r r� Om Z r m m. z z --4Z m m� m m z g �.. O m 'o z m b . b Ct O � Ci i OM1 +d Iz 5 to O Iz W O � ;k; o z n "I (nA�Z21D O_ O LO{ ;Ig o mm <u10� 0 p m r Gln N D— xp -To1Z-C ST z mzz�mcn 0m I a �mZjN VZD A CCr, M, O N 0 O D Ol m I'l Ln �pZD m A�DzO I rq D O / Am �OZCA*tp=DZ M. mC N �� Z p ) ZZ � / o�> m mu p,0 cOo0N zp�o frn -4 COwW <z OW zOx T1 Ln U�� x 0z Z / 0 D m z 0El00 C' I DDz�o �Egc)g?;o I . z 0 W O � ca w I D Z 0 m! O -n1 n m m A Z m CA m O CD z0-- LnZA f*1 0 O 0 G) F,MS 00 �C 7,-c m z r r p m m m. D- O O O Z .0 ' V OmZp- ,;Om Om 0pA z d C-)>ZO OO m.Z O g rz0. r -Z C)w mOm(7) -'fib 0 D � > F--< �m A 0 O K O . -�O Om DD M Zmz 0 r A � _� -n 0 O- -�rC � m� zDA� r r� Om Z r m m. z z --4Z m m� m m z g �.. O m 'o z m b . b Ct O � Ci i OM1 +d Iz 5 to O Iz W O � ;k; o z 9 I LO{ -1 T: m r Gln N D— xp t to � mlT7m A m D � A O -r,, zACm mmm mzzzm� mm ST z I 0m I a m D Ocmr "7 I Z ,p z (�rl%�� Y Am o-7�AZ ,-rOj Z m zG7� A�DzO I rq D O / z mC N �� Z p ) ZZ oAAo O<Z�U / A=,rz p,0 cOo0N zp�o frn -4 COwW <z OW zOx T1 Ln U�� ZZZ2 W / N O C O D z mQ mp Z`r� mm �tPA� ._.. ca -0 j m -a NN CO A z � z RQD ZAg� Z A DA OCP A Z C, Z. 0 O rn A z ADA mZZ> 0' m 't m DD 00 cmC.)z W OD Or rp oZ -Z, Z, r OD D Z (A pto Ox56 A omoA D0 z=0 •=m 0El00 C' I DDz�o �Egc)g?;o I . z 0 W O � ca w I D Z 0 m! O -n1 n m m A Z m CA m O CD z0-- LnZA f*1 0 O 0 G) F,MS 00 �C 7,-c m z r r p m m m. D- O O O Z .0 ' V OmZp- ,;Om Om 0pA z d C-)>ZO OO m.Z O g rz0. r -Z C)w mOm(7) -'fib 0 D � > F--< �m A 0 O K O . -�O Om DD M Zmz 0 r A � _� -n 0 O- -�rC � m� zDA� r r� Om Z r m m. z z --4Z m m� m m z g �.. O m 'o z m b . b Ct O � Ci i OM1 +d Iz 5 to O Iz W O � ;k; o z Q LO{ -1 T: m r Gln N D— xp t to � mlT7m A m D � A O -r,, zACm mmm mzzzm� mm ST z A zm mm �a m D c�mr-i �Poovm 2,-". m0 -i a m D Z=t NW ANO 0Z mZ pAAAz t*mj �1NZ 0tM� ��ODn �yp� !T•1 (�rl%�� Y Am U1 _ �x Am ,-rOj Z m zG7� z °z w 0- ����� Do �y foo O mC N �� Z p ) ZZ r.���D ,"-M =''[O D(AOWZ D 47 m Z O IP10 zm �Z7 m-ri p.. � p,0 cOo0N zp�o frn -4 COwW <z OW zOx T1 Ln U�� ZZZ2 W m D� l/iA M mD mW R'n ��] D ZC/tm -oz 0 �(O D CS',z 0o XO >0 m0 mp Z`r� mm � Nj L/) r 'n fZTl m A D -0 C C OZ_ ON NN CO A z � z CC m"l wN < C� Zcn WGtn Z A DA OCP A Z C, Z. 0 O rn A z (7) 0' m 't m DD 00 rrrl �� W OD Or rp oZ -Z, Z, rZ0-� -uz� oD pto O D DZm 0 mf G) NOm A omoA D0 N (!I . m (P > *m -I m m m A x Ln 0. 0 0 0 m j_u O z O� v,r z N mZ i � Z 'O OD mm mu' 0OO D�' m -<\Z TI mA A� Op D W (A `L 7k A (P0 ON z0 w O— mz Z Z - AOCAM (P 2 0 z 0 'n Z �D U J m m D <A O n p0 Az O m 0 Q a� m S�NMeR �mimi ST z r g' o C1 uJ Yy O In (�rl%�� Y Am ®� OC D m O ppp (6 A O v O m Q L71Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A General Information From: North Andover I. Conservation Commission DEP File Number. 242-1392 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: John Carroll a. First Name b. Last Name c. Company 1501 Main Street, Unit -15 d. Mailing Address Tewksbury MA. 01876 e. City/Town f. State g. Zip Code 4. Property Owner (if different from applicant): Helen St. Cyr a. First Name b. Last Name c. Company 812 Salem Street d. Mailing Address North Andover MA. 01845 e. City/Town f. State g. Zip Code 5. Project Location: 812 Salem Street North Andover a, Street Address b. Citylrown Map 65 _ _ Parcel 15 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42-40'-48" 71-02"-17" 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) 1046 89 c. Boots 7. Dates: 3/30/07 d. Pa e _ 7 _ 01 a7 a. Date Notice of Intent Filed A� b. Date blic earing Closed c. Dati of Asuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Plan, .544x -+j i a a. Plan Title " Merrimack Engineering Services, Inc. Vladimir L. Nemchenok, P. E., Stephen E. b. Prepared By Stapinski, P. L. S. �rrnt Dal 1" - 20' d. Final Reviswn Date e, Scale EX15k,q 214A f. Additional QJan or Document Title g. Date'( rt,q s s. Total WPA Fee Paid: $3528.00 _ $775.00 $2,753.00 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doc- rev- 3/1105 Page 1 of 9 DEP FILE # 242 -1392 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modLfy or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site f the NACC, agent or DEI' determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that. the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the. Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\242-1392\812SalemSt.doe 1 NACC 7/2/2007 DEP FILE # 242 -1392 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas, a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the BVW and a 100 -foot (100') No -Disturbance Zone shall be established from Mosquito Brook except in those locations as shown on the approved plan referenced herein (specifically for the installation of the Post and Rail fence, a small portion of the driveway, for the minimal change in grade and for a 1x per year annual mowing of the BVW as further described herein on Lot #15-1). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone (See Section 3.4 & Appendix F of the local Regulations), The established No -Disturbance Zones shall be enforced in perpetuity in accordance with the provisions and performance standards set forth in section 3.3 and 3.4 of the North Andover Wetlands Protection Bylaw and section 10.58 the Riverfront Regulations of the Wetlands Protection Act. 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. C:\Winword\OOC\242-1392\812SalemSt.doc 3 NACC 7/2/2007 DEP FILE # 242 -1392 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/erosion control devices and revegetation. 43. Prior to any work commencing on the site, the applicant shall permanently mark the edge of the No -Disturbance Zone along the post and rail fence with nine (9) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. C:\Winword\OOC\242-1392\812SalemSt.doc 5 NACC 7/2/2007 DEP FILE # 242 -1392 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post -construction stormwater management systems shall be conducted in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent and as approved by the NACC in this Order of Conditions. 54. All proposed drainage structures shall be properly installed and functional. During construction, all drainage structures shall be properly maintained. 55. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 56. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. C:\Winword\OOC\242-1392\812Salemkdoc 7 NACC 7/2/2007 DEP FILE # 242 -1392 64. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 151 of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 66. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 67. Equipment shall not be staged overnight within 100 -feet of a wetland resource area. 68. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 71. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within. 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. C:\Winword\OOC\242-1392\812SalemSt.doc 9 NACC 7/2/2007 DEP FILE # 242 -1392 e. The name and address of the individual/ trust or corporation to whom the . compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and a Registered. Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\o0C\242-1392\8Malemkdoc 11 NACC 7/2/2007 s DEP FILE # 242 -1392 APPENDIX A - AFFIDAVIT 11 - on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. . 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) C:\Winword\OOC\242-1392\812Sa1emSt.doc 13 NACC 7/2/2007 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1392 I 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. 311/05 Page a of 9