HomeMy WebLinkAboutMiscellaneous - 851 FOREST STREET 4/30/2018 (2)N
i
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover; Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
CZ7 o c
G7 �t CD -_
Any appeal shall be filed Notice of Decision r.� -` ;2: c�j
within (20) days after the Year 2003 r� r
date of filing of this notice o rri o i
in the office of the Town Clerk. Property at: 851 Forest Street
NAME: Lisa M. Wysocki and Timothy Sheehy HEARING(S): 7/8 & 8/12/0
ADDRESS: 851 Forest Street PETITION: 2003-025
North Andover, MA 01845 TYPING DATE: August 18, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center,. 120R Main Street, North Andover, MA upon the application of Lisa
M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a Variance from Section
7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed garage; and a Special
Permit from Section 9, Paragraph 9.2 in order to allow the construction of a proposed garage on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the Southwest side of
Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P.
McIntyre.
Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 23.5' from the East side
setback in order to construct an attached 2 -car garage and GRANT a Special Permit from Section 9,
Paragraph 9.2 in order to construct an attached 2car garage on a pre-existing, non -conforming lot per
Variance Plan, 851 Forest Street, North Andover, MA prepared for Timothy Sheehy, date: June 11, 2003,
rev July 30, 2003, by James E. Franklin, PLS #37045, New England Engineering Services, 60 Beechwood
Drive, North Andover., MA; and Garage Plan, 851 Forest Street, North Andover, Massachusetts; prepared
for Timothy Sheehy, date: June 12, 2003, rev: Aug 11, 2003 by New England Engineering Services Inc.,
60 Beechwood Drive, North Andover, Massachusetts. Voting in favor: William J. Sullivan, Walter F.
Soule, John M. Pallone, and Ellen P. McIntyre.
The Board finds that the revised Variance Plan of July 30, 2003 eliminates the need for a front setback
variance and the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of this Variance will not adversely affect the neighborhood orderogate from the intent
and purpose of the Zoning Bylaw, and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning
Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the
existing structure to the neighborhood.
Pagel of 2
Board. of Appeal's 978-688=9541 Building 978-688-9545 Conservation 978-68R-9530 health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
NAME: Lisa M, Wysocki and Timothy Sheehy HEARING(S): 7/8 & 8/12/0
ADDRESS: 851 Forest Street PETITION: 2003-025
North Andover, MA 01845 TYPING DATE: August 18 .2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center,. 120R Main Street, North Andover, MA upon the application of Lisa
M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a Variance from Section
7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed garage; and a Special
Permit from .Section 9, Paragraph 9.2 in order to allow the construction of a proposed garage on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the Southwest side of
Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P.
McIntyre.
Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 23.5' from the East side
setback in order to construct an attached 2 -car garage and GRANT a Special Permit from Section 9,
Paragraph 9.2 in order to construct an attached 2car garage on a pre-existing, non -conforming lot per
Variance Plan, 851 Forest Street, North Andover, MA prepared for Timothy Sheehy, date: June 11, 2003,
rev July 30, 2003, by James E. Franklin, PLS #37045, New England Engineering Services, 60 Beechwood
Drive, North Andover, MA; and Garage PIan, 851 Forest Street, North Andover, Massachusetts, prepared
for Timothy Sheehy, date: June 12, 2003, rev: Aug 11, 2003 by New England Engineering Services Inc.,
60 Beechwood Drive, North Andover, Massachusetts. Voting in favor: William J. Sullivan, Walter F.
Soule, John M. Pallone, and Ellen P. McIntyre.
The Board finds that the revised Variance Plan of July 30, 2003 eliminates the need for a front setback
variance and the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of this Variance will not adversely affect the neighborhood orderogate from the intent
and purpose of the Zoning Bylaw; and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning
Bylaw that such change, extension, or alteration: shall not be substantially more detrimental than the
existing structure to the neighborhood.
Pagel of 2
Board of Appeals 978-688=9541 Building:918=688-9545 Conservation 978-68R=9_530 1iealth 978-688-9546 Planning 978-688=9535
C77
or
Any appeal shall be filed Notice of Decision
r)
-` a w
within (20) days after the Year 2003
.n
=
date of filing of this noticerrI
o r
C/) t
in the office of the Town Clerk. Property at: 851 Forest Street
P �Y
< �
NAME: Lisa M, Wysocki and Timothy Sheehy HEARING(S): 7/8 & 8/12/0
ADDRESS: 851 Forest Street PETITION: 2003-025
North Andover, MA 01845 TYPING DATE: August 18 .2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center,. 120R Main Street, North Andover, MA upon the application of Lisa
M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a Variance from Section
7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed garage; and a Special
Permit from .Section 9, Paragraph 9.2 in order to allow the construction of a proposed garage on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the Southwest side of
Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P.
McIntyre.
Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 23.5' from the East side
setback in order to construct an attached 2 -car garage and GRANT a Special Permit from Section 9,
Paragraph 9.2 in order to construct an attached 2car garage on a pre-existing, non -conforming lot per
Variance Plan, 851 Forest Street, North Andover, MA prepared for Timothy Sheehy, date: June 11, 2003,
rev July 30, 2003, by James E. Franklin, PLS #37045, New England Engineering Services, 60 Beechwood
Drive, North Andover, MA; and Garage PIan, 851 Forest Street, North Andover, Massachusetts, prepared
for Timothy Sheehy, date: June 12, 2003, rev: Aug 11, 2003 by New England Engineering Services Inc.,
60 Beechwood Drive, North Andover, Massachusetts. Voting in favor: William J. Sullivan, Walter F.
Soule, John M. Pallone, and Ellen P. McIntyre.
The Board finds that the revised Variance Plan of July 30, 2003 eliminates the need for a front setback
variance and the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of this Variance will not adversely affect the neighborhood orderogate from the intent
and purpose of the Zoning Bylaw; and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning
Bylaw that such change, extension, or alteration: shall not be substantially more detrimental than the
existing structure to the neighborhood.
Pagel of 2
Board of Appeals 978-688=9541 Building:918=688-9545 Conservation 978-68R=9_530 1iealth 978-688-9546 Planning 978-688=9535
Town of North Andover E 140R
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't Use
Office of the Zoning Board of Appeals 3? •'
o
Community Development and Services Division s
27 Charles Street•---
� ej�re
North Andover, Massachusetts 01845
D. Robert Nicetta
Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542
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 anew hearing.
Decision 2003-025.
Page 2 of 2
Town of North Andover
Board of Appeals,
William I S ivan, Chairman
Board of Appeals 978:688-954.1 Building 978-688-9545.Conservation 978 68:8 9530 Health 978-688-9510 Planning 978=688-9535
11
Town of North Andover
Office of.the Zoning Board of Appeals
Community Development and Services Division s
27 Charles Street
North Andover, Massachusetts 01845 �' sACK
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
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 anew hearing.
Decision 2003-025.
Page 2 of 2
Town of North Andover
Board of Appeals,
William J. S ivan, Chairman
Boa{fJ of Appe3Ps 978-688-9541 Building 978-688=9545 . Conservation 93 _530 <Health 978 688-9:540Planning 978_688-9535
Town of North Andover.
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
C- v CD `.._- _
Any appeal shall be filed Notice of Decision r,> -`
within (20) days after the Year 2003
date of filing of this notice --0 a c
in the office of the Town Clerk. Property at: 851 Forest StreetFri
�.
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Lisa
M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a Variance from Section
7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed garage; and a Special
Permit from .Section 9, Paragraph 9.2 in order to allow the construction of a proposed garage on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the Southwest side of
Forest Street within the R 1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P.
McIntyre.
Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 23.5' from the East side
setback in order to construct an attached 2 -car garage and GRANT a Special Permit from Section 9,
Paragraph 9.2 in order to construct an attached 2car garage on a pre-existing, non -conforming lot per
Variance Plan, 851 Forest Street, North Andover, MA prepared for Timothy Sheehy, date: June 11, 2003,
rev July 30, 2003, by James E. Franklin, PLS #37045, New England Engineering Services, 60 Beechwood
Drive, North Andover, MA; and Garage Plan, 851 Forest Street, North Andover, Massachusetts, prepared
for Timothy Sheehy, date: June 12, 2003, rev: Aug 11, 2003 by New England Engineering Services Inc.,
60 Beechwood Drive, North Andover, Massachusetts. Voting in favor: William J. Sullivan, Walter F.
Soule, John M. Pallone, and Ellen P. McIntyre.
The Board finds that the revised Variance Plan of July 30, 2003 eliminates the need for a front setback
variance and the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent
and purpose of the Zoning Bylaw, and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning
Bylaw that such change, extension, or alterationshall not substantially more detrimental than the
existing structure to the neighborhood.
Pagel of 2
Board of Appeals 978-688=9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9546 Planning 978-688-9535
R
Town of North Andover
Office of the Zoning Board of Appeals ;? •`
Community Development and Services Division *-
27 Charles Street "
North Andover, Massachusetts 01845CMU
A
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner
Fax (978) 688-9542
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.
Decision 2003-025.
Page 2 of 2
Town of North Andover
Board of Appeals,
William I S ivan, Chairman
Board of Appeals 978 688-9541 Building 978-688-9545 Conservation 978-688453.9 Health 978-68&9540 yPlanning 978-688-9535
L
TOWN OF NORTH ANDOVrlR
Office of the:Buildin Department
Community Development and. Services
27 Charles Street
Nl ortb Andwer, Massaebusetts 01,845
I?. , Robert Nicei#a,
B-Ifilding C<BfP mis.'i'iener
December 10, 2001
Lisa M. Wysocki
851 Forest Street
North Andover, MA 01845
Dear Ms Wysocki:
2
Telephone (978) 688-9545
FAX (978) 688-9542
Upon an inspection at your property it has been discovered that a zoning violation has taken place
that you probably are not aware of.
The specific violation is the placement of the storage container / shed in the front yard of your
property which does not meet zoning setbacks for the district in which you reside. The proper
setbacks are 30 feet from the front, side and rear of property lines for primary structures with
accessory buildings not allowed further to the front property line than the primary structure.
Please contact me so that we may begin the process to remedy this violation in a timely manner.
I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545.
Respectfully,
Michael McGuire
Local Building Inspector
Enclosure
Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzi, GaslPlumbing Inspector
Plaaiuing Dcpartment 688-9535 Conservation Department 683-9530 Health Departmcat 683-9540 Toning Board ofilppeals 683-9541
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D. Robert Nieetta,
Building C4iFl missionep
December 10, 2001
TOWN OF NORTH E Q
Office of the Buildin rtment �• �o,� .6 0�
Community Developn>le � Sneef 1 2f'
27 Charles 5t #.
North Andover 11 1 asmc aasett 01845
s
BUILDING EP� � epi, _
Lisa M. Wysocki
851 Forest Street
North Andover, MA 01845
Dear Ms Wysocki:
Upon an inspection at your property it has been discovered that a zoning violation has taken place
that you probably are not aware of.
The specific violation is the placement of the storage container / shed in the front yard of your
property which does not meet zoning setbacks for the district in which you reside. The proper
setbacks are 30 feet from the front, side and rear of property lines for primary structures with
accessory buildings not allowed further to the front property line than the primary structure.
Please contact me so that we may begin the process to remedy this violation in a timely manner.
I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545.
Respectfully,
Michael McGuire
Local Building Inspector
Enclosure
Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzf Gas/Plumbing Inspector
Planning Departmait 688-9535 Conservation Department 684-9530 Hoalth Dq artment 689-9540 Zoning Board of Appeais 688-9541
1p
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TOWN OF NORTH ANDOVER
Office of the Building Department
Community Development and. Sei-vices
27 Charles Street
North Andover, iVrassachusetts 01845
D, Robert Nicetta,
Builashi Con- nisSioner
December 10, 2001
Lisa M. Wysocki
851 Forest Street
North Andover, MA 01845
Dear Ms Wysocki:
Telephone (978) 688-95•45
FAX (974) 688-9542
Upon an inspection at your property it has been discovered that a zoning violation has taken place
that you probably are not aware of.
The specific violation is the placement of the storage container / shed in the front yard of your
property which does not meet zoning setbacks for the district in which you reside. The proper
setbacks are 30 feet from the front, side and rear of property lines for primary structures with
accessory buildings not allowed further to the front property line than the primary structure.
Please contact me so that we may begin the process to remedy this violation in a timely manner.
I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545.
Respectfully,
Michael McGuire
Local Building Inspector
Enclosure
Michael McGuire, Local Building Inspector James DecOla, Electrical Inspector James Diozzi, Gas/PlumbingInspector
Planning Dcpartmait 688-9535 Cotes rVation 1Depattment 688-9530 fleatth 10eparttixxrt 688-9540 7onhig Board of Appe is 688-9541
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Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
October 10, 2002
Lisa M. Wysocki
851 Forest Street
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: 851 Forest Street
Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and North Andover
Wetland Protection ByLaw (c.178 of the Code of North Andover).
Dear Ms. Wysocki:
During routine inspections conducted throughout the Town, the Conservation Department
observed a possible violation of the Wetlands Protection Act and North Andover Wetlands
Protection Bylaw on your property. Activities observed included installation of a fence,
possible clearing and filling activities and placement of rip -rap stone adjacent to a wetland
resource area subject to jurisdiction under the Massachusetts Wetland Protection Act (the
"Act") M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the 'Bylaw")
Section 178.
Specific wetland resource areas affected by the observed activities may include the following:
Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.); or
Isolated Vegetated Wetland (NACC Regulations Section III.B);
25 -Foot No Disturbance Zone (NACC Bylaw Section III. DA); and
100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
The potential resource area located to the west of the observed activities may qualify as
ephemeral pool habitat, in which case no activity would be allowed within 50' from the edge of
the resource area.
ORDER:
Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)),
enclosed please find an Enforcement Order mandating the restoration and removal of all
possible unauthorized fill material located within the wetland resource area and the No -
Disturbance Zone (50' No -Disturbance if resource area is determined to be ephemeral pool
habitat). This restoration work shall be conducted in accordance with the conditions described
below.
BOARD OF APPEALS 688-9541 BTAL.DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
The property owner shall immediately take the following actions:
1. . Wetland Field Delineation
The property owner shall have all wetland resource areas within 100 -feet of the recent
activities delineated by a qualified wetland biologist.
2. Wetland Restoration Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration (wetland resource areas and No -Disturbance Zone) including the sequence
of work, resource area plantings strategy, anticipated future construction and
landscaping activities, current and future sedimentation/erosion control measures and
site stabilization measures. The report shall address all impacts to the wetland resource
areas protected by the Act and Bylaw as well as the proposed mitigation measures in
detail. The report shall be submitted to this Department no later than November 8,
2002.
Upon review and approval of the wetland delineation and Wetland Restoration Report, the
Conservation Administrator will determine a final completion date for restoration activities.
Depending on the extent of alteration, the following additional information may be required by
the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions planshall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice
of Intent application filed with the NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering or Isolated Vegetated
Wetland and the No -Disturbance Zone.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection Bylaw.
9
3
The violations as documented herein are subject to a $300 per day penalty' until such time as
the impacted resource areas have been mitigated. Each day or portion thereof during which
this violation continues shall constitute a separate offense. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such action in the future should this Enforcement Order not be complied with retroactive from
the date we were first made aware of the violations (8-8-02).
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per
day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the
North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and
the imposition of criminal fines, also per day. This Enforcement Order shall become effective
upon receipt.
Attached is a listing of local consultants who can assist you with the requirements of the
Enforcement Order.
Your anticipated cooperation is appreciated.
Sinc ,
Ju Parrino
Conservation Administrator
Encl.
CC. NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover
Wetland Protection ByLaw (REV May 1993/REV October 1998)
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
ISI
raum
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
This Enforcement Order is issued by:
North Andover 10-10-02
Conservation Commission (Issuing Authority) Date
To:
E
Lisa M. Wysocki
Name of Violator
851 Forest Street, North Andover, MA 01845
Address
Location of Violation:
Lisa M. Wysocki
Property Owner (if different)
851 Forest Street
Street Address
North Andover 01845
City/Town Zip Code
105.D 162
Assessors Map/Plat Number Parcel/Lot Number
Extent and Type of Activity:
DEP File Number.
Provided by DEP
Construction of a fence, possible clearing, filling and placment of rip -rap adjacent to a wetland
resource area without a valid permit from the Conservation Commission.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name
Dated
File Number Condition number(s)
wpaform9a.doc • rev. 12/15/00
Page 1 of 3
Massachusetts Department of Environmental Protection
�- - Bureau of Resource Protection - Wetlands
- WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
C. Order
The issuing authority hereby orders the following (check all that apply):
DEP File Number.
Provided by DEP
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
® Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
See Attached Cover Letter
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc - rev. 12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
D. Appeals/Signatures
DEP File Number.
Provided by DEP
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Signature of delivery person or certified mail number
wpaform9a.doc - rev. 12/15/00
Page 3 of 3
IOct 15 03 03:1310 NORTH nNDOVER 9786889542 p.1
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 'SS+cMusEt
Telephone (978) 688-9541
D. Robert Nicetta Fax (978) 688-9542
Building Commissioner
Dear:
Date: lD - 15 `0-3
9 79 3,9
As you know, the Zoning Board of Appeals granted your application_ for a Variance
and/or Special Permit or Finding for premises located at: 4,5-1 5 ,
1.. Once the appeal period has passed, please pick up your Town Clerk -certified
copy of the Zoning Board of Appeals decision, and your ZBA Board -signed Mylar (if
a Mylar was required) from the Town Clerk's office located at f2O
�s5`�d
North Andover, MA 01845 (978-688-9501)
3. Please bring the Town Clerk -certified copy of the decision & the signed
Mylar to the North Essex Registry of Deeds, 381 Common Street,
Lawrence, MA 01840 (978-683-2745), as the decision and Mylar must be filed at
the Registry of Deeds as soon as possible.
4. Once this is completed, please bring: A. copy of the certified decision, B. a
pe om , & C. the Registry of Deeds
receipt to the Building Department, which is located at 27 Charles Street, North
Andover, MA 01845. Failure to file the decision and Mylar with the Registry of
Deeds will result in your inability to exercise your variance and/or special permit and
your inability to obtain a building permit with the Building Department.
"Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date
of the grant, they 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, they shall lapse and may be re-established only after
notice and a new hearing."
If you have any questions, please feel free to call (978-688-9541) or fax (978-688-
9542), Monday through Thursday, 9:00 AM to 2:00 PM.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 979-688-9540 Planning 978-688-9535
PF �n6tTk 9
Zoning Bylaw Review Form
n . Town Of North Andover Building Department
``s,.p•^"y 27 Charles'St. North Andover, MA. 01845
�SSACki1l6E't
Phone. 978=688=954'5' Fax 978 688=9542
y
Ma /Lot: 5'D.
;_APplicant: ! N1: e�
Re"quest: y '> 3 G a. r'a
Date: 46— /0 o ,�
Please be advised that after review of your Application,and,Plans that your Application is
DENIED forthe_following Zoning Bylaw`reasons:
Zonina k — 7
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Item
Notes
Item
Notes
A
Lot Area
F
Frontage
1.
Lot area Insufficient
1
Frontage -Insufficient
2
Lot Area Preezistn 9
- e
i-(
2
Frontage Complies
3 ;
Lot Area Complies
3,
Preexisting frontage
-4
Insufficient Information
4
Insufficient Information
g
Use
-5
No` access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed-
1 I
Insufficient Area
3
Use Preexisting,
2.
Complies
4
Special Permit Required
Lf e
3
Preexisting CBA
S
5
Insufficient. nforrnation
4
• Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
_Complies
3-
Left SiddInsuffieient
3
Preexisting Height
S
4
Right Side Insufficient
4
Insufficient Information
15
Rear Insufficient
I
If
I
Building Coverage
-6
Preexisting setbacks)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies,
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
- e-
4-
Insufficient Information
2
In Watershed
j
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
-E
Historic :District.
K
Parking
1
In District review required
q
1
More Parking Required
A
2
Not in district
ee S
2
Parking Complies
3
Insufficient Information
3.
Insufficient, Information
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PlanReview Nfiarratve
The narrative is provided to further explain the reasons for,DENIAL.focthe
APPLICATION for the property indicated on the reverse side: n
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