HomeMy WebLinkAboutGIARRUSO, DOMINEC 5
Y
310 CMR 10.99
Form 5 DEP Re No. 242-513
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�:.
(To be Drar4w W DEP)
— Commonwealth City,Town North Andover
of Massachusetts AppicantDomenic Giarusso
Lot B (#318) Salem Street
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Bylaw, Chapter 3.5
From NORTH ANDOVER CONSERVATION COMMISSION
To
Domenic Giarusso Domenic Giarusso
(Name of Applicant) (Name of property owner)
Address 318 Salem Street, North AndoverAdMss 318 Salem Street, North Andover, MA
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on Dec. 6, 1989 (date)
7 by certified mail. return receipt requested on (date)
This project is located at Lot B (#318)Salem Street, North Andover, MA
The property is recorded at the Registry of Northern Essex
Book 874 416
Page
Certificate(if registered)
The Notice of Intent for this project was filed on September 13 P 1989 (date)
The public hearing was closed on November 15, 1989 (date)
Findings
The North Andover Conservation Comm;gs a., has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
NiACC at this time.the NACC has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Acct(check as appropriate):
2 Pubiic water supply Lt�dFlood control ❑ Land containing shellfish
Fd,,_/ , n E Fisheries
Private Private water supply L� Storm damage ,�,/
Lit Ground water supply C� Prevention of pollution tM Protection of wildlife habitat
Total Filing Fee Submitted $250.00 State Share $112.50,
City/Towh Share $137._50 (1/2 fee in excess of$25)
Total Refund Due S City/Town Portion $ State Portion S
(1/2 total) (1/2 total)
5-1
Effective!11/10/89
t
#242-513 Lot B. Salem St. 2
Therefore, the North Andover Conservation Commission hereby finds
that the following conditions are necessary, in accordance with
the Performance Standards set forth in the State Regulations and
the requirements of the Town ByLaw, to protect those interests
checked above. The North Andover Conservation Commission
(hereafter the "NACC") orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions
modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions
shall control.
GENF;M CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this Order.
2 . This Order does not grant any property rights or any
exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order unless either of the following
apply.
(a) the work is a maintenance dredging project as provided
for in the Act and/or the Town ByLaw;
(b) the time for completion has been extended to a specified
date more than three years, but less than five years,
from the date of issuance and both that date and the
special circumstances warranting the extended time period
are set forth in this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but
not limited to lumber,
bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
7 . No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been (filed, until all proceedings before the Department have been
completed.
#242- 513 Lot B. Salem St. 3
8. No work shall be undertaken until the Final Order has been
recorded in
the Registry of
g ry Deeds or the Land Court for the
district in which h the land is located within the chain of title
of the affected property. In the case of recorded
land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
9. A ,sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-513".
10. Where the Department of Environmental Quality Engineering is
requested to make a determination and to issue a Superseding
Order# the Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12 . The work shall conform to the following plans/documents:
(a) Notice of Intent filed by J.J.B. Associates for Domenic
Giarusso, filed on September 13, 1989.
(b) Plan of Land prepared for Salem Street Realty Trust, David
Pickles Trustee, dated Sept. 26, 1989, Revised on October 18 and
November 13 , 1989. Prepared by J.J.B. Associates.
(c) Plan of Land prepared for Domenic Giarusso dated Sept. 26,
1989 and revised Oct. 18, 1989. Prepared by J.J.B. Associates
(d) Letter to Joseph Borgesi of J.J.B. Assoc. from Richard P.
Doucette, dated Nov. 7, 1989.
(e) Letter to Joseph Borgesi of J.J.B. Assoc. from Richard P.
Doucette, dated November 20, 1989.
13 . The following wetland resource area is within the 100 ' buffer
zone of the proposed work: bordering vegetated wetland. This
resource area is significant to the interests of the Act and Town
Bylaw as noted above. This resource area is also significant to
the recreational interests of the Bylaw. The applicant has not
attempted to overcome the presumption of significance of these
resource areas to the identified interests.
#242-513 Lot B. Salem St. 4
14. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
November 13, 1989.
PERFORMANCE & DESIGN STANDARDS
15. The NACC approves the construction of a single family home on
this lot pending the receipt of revised plans showing: all
structures at least 100' from the edge of all resource areas and
all associated grading at least 80' from the edge of all resource
areas.
16. No earthen embankment in the buffer zone shall have a slope
steeper than 2:1. Any slopes of steeper grade shall be rip-
rapped to provide permanent stabilization.
CHANGES
17. Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned conditions must be submitted to
the NACC for approval prior to implementation. If the NACC finds
said changes to be significant, the NACC will call for another
public hearing (at the expense of the applicant) . Within 21 days
of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the
plans' or information submitted by the applicant shall be
considered as changes.
18. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur, a
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above', by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
19. The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
20. Utilities shall not be constructed as to pass under or
through any wetland resource areas on site except as approved
under any future filings.
#242-513 Lot B. Salem St. 5
CON§TPUCTION
21. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
22 . Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
23. Prior to any activity on the site, a filter fabric fence
backed by a single row of staked hay bales shall be placed
between all construction areas and wetland areas per Soil
Conservation Service or D.E.P. standards. This barrier will be
placed adjacent to the existing swale. This siltation barrier
shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been mulched, seeded, and stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures
foundnecessary during construction by the NACC shall be
implemented at the direction of the NACC.
24. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 10 extra hay
bales and sufficient stakes for staking these bales. Said bales
shall be used only for the control of emergency erosion problems,
and shall not be used for the normal control of erosion.
25. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
sodding, or by loaming, seeding, and mulching according to Soil
Conservation service standards. If the latter course is chosen,
stabilization will be considered once complete vegetative cover
has been achieved.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
28. After proper grading, all disturbed areas located within a
resource area which will not remain as wetland areas, shall be
loamed (minimum of 4" of quality loam) , limed, fertilized and
#242-513 Lot B. Salem St. 5
seeded. This shall all be done in accordance with SCS
guidelines. All disturbed areas located within wetland resource
areas which are to be only temporarily disturbed during
construction, shall be restored to their original grade, soil
profile and vegetative cover. Soil used for this purpose will
either be wetlands topsoil or a minimum of 4" of quality loam.
29. 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 as soon as practical. 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.
30. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
31. 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 at
the site for the storage and removal of such spent construction
materials off-site.
32. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER: CONDITIONS
33 . Members of the NACC or its agent shall have the right to
enter,' upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
34 . Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
35. 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 of North Andover's Wetland
Protection ByLaw.
#242-513 Lot B. Salem St. 7
36. Fertilizers e ilizers utilized for landscaping and lawn care shall be
of the low-nitrogen content variety, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town of North Andover's Wetland
Protection ByLaw.
37. A ,proper bond or a deposit of money or negotiable securities
running to the Town of North Andover shall be provided in the
amount of $2000.00 which shall be in all respects satisfactory to
Town Counsel, Town Treasurer, and the NACC, and shall be posted
with the North Andover Town Treasurer before commencement of
work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party
or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that
provision, satisfactory to the NACC, has been made for
performance of any conditions which are of continuing nature.
The applicant may propose a bond release schedule keyed to
completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the
authority of the Town of North Andover's Wetlands Protection
Bylaw.
38. In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer certifying compliance with this Order
of Conditions and the approved plans referenced herein (or
approved revisions) . A stamped "As-Built" topographic plan of
all areas within the jurisdiction of the Wetlands Protection Act
and Bylaw shall be submitted when a Certificate of Compliance is
requested. This plan will include:
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland
resource area.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
c. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
29. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
D.E.P. #242- 513
Issued By NORTH ANDOVER Conservation Commission
Signal re(s) r °'1^n"
This Order must be signed by a majority of the Conservation Commission.
On this 15th day of November 19 89 before me
personally appeared Paul L. Tariot , to me known to be the
on described in and who executed the foregoing instrument and acknowledged that he/she executed
the s e as his/her free t eed.
e ^ September 9 1994
N ary Public My commission expires
The applicant,;the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or any ten residents of the city or town In which such land is located are hereby notified of their right to request the Department of
Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten 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 the applicant.
IF you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at Lot B (31 R) Sa 1 pm Street, Nn Andnver_ MA
File Number 242-513 has been recorded at the Registry of Deeds and
has been noted in the chain of title of the affected properly in accordance with General Condition 8 on 19_
If recorded land, the instrument number which identifies this transaction is
It registered land,the document number which identifies this transaction is
Signature Applicant
5-4A
Received by Town Clerk :
FORMA
C A ? �ICATION FOR ENDORSEMENT OF PLAN
R(iE BELIEVED NOT TO REQUIRE APPROVAL '
Fie 13
58
19
To the Planning Board of the Town of North Andover;
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1 . The ' division of land shown on the accompanying plan is not a sub:
division because every lot shown thereon ,has the amount of frontage
required by the North Andover Zoning By Law and is on a publ i c 'way ,
namely , X#jjW fT�EET or a private way ,. namely,
being land, bounded as follows:
497- B AJ' f`1om* 47W Al'sN .of 1.414.1 ✓'U6ryiTTf�
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
Yll,QiANlE 6fr .VrAD FOR JTW116P&X% r f,Po�tJT GE•
fEE COPY Of ORIMAI DF 04���A1!' DECllrM r/ TTA�fiFd•
3. Title reference North Essex Deeds , Book O �'i� Page 4/4 or
Certificate of Title No . Registration Book ;
Page
Applicant' Signature:
Owner ' s signature and address if not
the applicant :
(Print Name) Jf1/yE
Applicant 's Address :
!� O� • � rtc� pg. wcvattzEo
Tel. No. - aN
Rgaeived by Town Clerk:
NOft f:
DEC 2Z 31
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTSF THE ZONING ORDINANCE
C9O GEl��P�E ,ITFLIA, E,l.�.
Applicant I)PM NiG %q�p,P(/fv- - Address 60n' 41lE /419 • /�'f��
' 1. Application is hereby made:
a) For a variance from the requirements of Section Paragraph ?a
and Table a of the Zoning By Laws.
b) For a ,Special Permit under Section Paragraph of the Zoning
By Laws . --
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land and building"(s ) numbered
• 3/g . X&M-Al iLKfJT _ street. .-
b) Premises affected are property with frontage on the North UC)
South ( ) East ( ) west ( ) side of f1PPlfTdNJ'T. &#A m x14Ve-pFX414cly
Street, and known as No. Street .
c ) Premises affected are in Zoning District R3 and. the premises
affected have an area ofsy 913 square feet and frontage of
r! feet
3. Ownership :
a) Name And address of owner ( if joint ownership, give all names ) :
Doi' W ANd )evTh G%A vfoR _
Date of Purchase vr11Nf 17, IlSa Previous Owner//(/f/r,E'j//,?/D�'f/j/ x
b) If applicant is not owner, check his/her interest in the premises:,
Prospective Purchaser Lesee Other (explain)
er Size of proposed building: - front; feet deep;
r ,Height stories; feet. J,/Nall_ F41q%Ly XCfllttNCE
a) Approximate date of erection: 40114Y UJiPNT N07- AFT"iyNAf4l yET.
b) Occupancy or use of each floor: �Ff/�f/1✓j%/�L
c) Type of construction: 6/004 f,PAMf"
5. Size of existing building: feet front; feet deep;
Height stories; feet.
a) Approximate date of erection: %feeo -1W
b) Occppancy or- use of each floor: f/ E/l/jAL
c ) Type of construction: OOjP/,!/Yf�
5. Has there been a previous appeal , under zoning, on these premises?
A10 If so, when?
>1
~i 7 . Description of relief sought on this
petition�/�,F'//INCA Z-0 BATF A • .fr41(1
LOT ON SALEM fT, lyiTfi ZNlyFF1C%EyT F�PCNTi9GE BvT /'1EET%N�A!L_oThE�P iPEii =
,y 8. Deed recorded in the Registry of Deeds in Book a � Pa e
Land Court Certificate No. g
Book �_— �/
Page---
The principal points upon which I base my application are as follows:
(must be stated in detail )
d/A- Pi �'cE foUG/,+T TO �lD hi �OI e
FX�Jf%1/s. LOT AT /_'OPrlffiQ �YfDf .lQtFN1 AA/or APPIC-TO 49T 40VV Li Y JA141.1
/PEJPFCIJ' EX CPl ���, B____ rr���OEEP t01" ldiT/ flFid�TypE��1�� j�d/�����,p A
,fir d!F FA,dily//i��ao J U �lI1 �E,Po�.�rioal
NFi6hbO�P/oad IUOUId ENJUC I"1 Thiel A5/41?/,,�Nl�' i� G.PA�TEd,
I agree to pay the filing fee, advertising in newspaper , and incidental
expo
r ' L am USS v
SSS gnature o "Pe ition L�------~'—
er s )
Every application for action by the Board shall be made on a form approved '
by the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it is made on the
official application form. All information called for by the form shall
be furnished by the applicant in the manner' therein prescribed .
Every application shall be submitted with a list of "Parties In Interest"
which list shall include the petitioner, abutters , owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within three hundred feet (3001 ) of the property line of the
petitioner as- they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible
for any and all costs involved in bringing the petition before the Board .
Such costs shall include mailing and publication, but are not necessarily
limited to these.'
Every application shall be submitted with a plan of land approved by 'the
Board. No petition will be brought before the Board unless said plan has
been submitted. Copies of the Board' s requirements regarding plans are
. attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
' Name Address
y
(use additional sheets if necessary)
I
, l
i
�ponrti
�81CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
June 13, 1990
Mr. Domenic Giarusso
Agent for David Pickles
318 Salem Street
N. Andover„ MA 01845
RE: Request to withdraw Petition #103-89 without prejudice
Lot B. Salem Street
Dear Mr. Giiarusso:
The Board of Appeals held a regular meeting on Tuesday evening, June 12,
1990 and on a motion made by Mr. Sullivan and seconded by Mr. Vivenzio,
the Board voted, unanimously, to allow you to WITHDRAW WITHOUT PREJUDICE
as requested in your letter dated June 7, 1990.
Sincerely,
BOARD OF APPEALS
Frank Serid, if. Q-
Chairman
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NOFTM �M�l�
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1 \� \ `L SSACHUSE
0� 'TOWN OF NORTH ANDOVER
�i�rwOs��O��G MASSACHUSETTS
`dolly BOARD OF APPEALS
May 2, 1990
Mr. Domenic Giarusso
Agent for David Pickles
318 Salem Street
North Andover, MA 01845
RE Request for continuing public hearing
Dear Mr. Giarusso:
The Board of Appeals held a regular meeting on Tuesday evening, May 1, 1990
and on a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted,
unanimously, to deny this petition unless a letter from you is received with-
in ten (10) days requesting a continuance of this petition to the June 12,
1990 meeting.
Thank you for your cooperation in this matter. If you have any questions
regarding this request, please call our office.
Sincerely,
BOARD OF APPEALS
Frank Serio, J .
c
Chairman
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NORM , ERlu.n'm
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JAN 21 9 02 AM t
87 `
TOWN OF NORTH ANDOVER
MASSACHUSE'!'1'$
BOARD OF APPEALS
NOTICE OF DECISION
Domenic Giarruso Date . . .January. .14.,. .19.87. . .
318 Salem St.
North Andover, NLP. 01845 petition No.. . . 40-87 . . . . . . . . . . . .
Date of Hearing. . .JAnvArY. .14.,. ,19 8 7
Petition of . . .Domenic, G;iarruso. . . . .
. . . . . . . . . . . . . . . . . . . . .
Pmiah es affected . . . . . . . .318. .Salem .S.t. . . . . . . :. . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requinments of the .Sect ion• .7,• • .
Zoning. AyL.dws. . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .cre.ati.on. .oi:. .a. new. .1o:t on . S.alem.St. . �T� t13. insuf fi.civint. .f;rontage
k� :meets nq .aJ.l . �tk�er: xequirements... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date,the Board of Appeals voted to . GRANT. the
yariance. • 'to. permit . . . . . . . . . : . 4�IE� tI}Hi iii }�13biC i�3fiX
dividing .present. lot iAtd). two. J,ots.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
band upon the following conditions:
Prior to conveying of lot, the pool must be removed.
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alfred Frizelle, Vice-chairman
.Augustine Nickerson, Clerk
Walter Soule
Anna. O'Connor
Board of Appeals
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JAN
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JAN f`
she
TOWN OF NORTH ANDOVER cam` pct�ce \
in the
MASSACHUSETTS C`eCK,
BOARD OF APPEALS
January 14 , 1987
Petition. #40-87
Domenic Giarruso
318 Salem Street
Mr. DAniel Long, Towyn Clerk
120 Main St.
Town Office Building
NOrth Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on canuary 13, 1987 upon
the application of Domenic Giarruso requesting a variance from the
requirements of Section 7, Paragraph 7.2 and Table 2 of the Zoning
Bylaws so as to per it creation of a:::new lot on Salem Street with
insufficient fronta e but meeting all other requirements . . The
following members wire present and voting: Frank Serio, Jr. , Chair-
man, Alfred Frizel1q, Vice-chairman, Augustine Nickerson, Clerk,
Walter Soule and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on December 24
and 31, 1986 and all abutters were notified by regular mail .
I
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule , the
Board voted, unanimously, to GRANT the variance as requested, subject
to .the condition thajt the pool must be removed prior to conveying of
lot.
The Board finds that the granting of this variance will not derogate
from the intent and purposes of the Zoning ByLaws nor adversely
affect the neighborhood.
Sincerely,
Franc S rio, . , Chairman
BOARD OF APPEALS
/awt
Received by Town Clerk :
RE.. i'FJLD
FORM "A
ro
k0AICATION FO-R ENDORSEMENT OF PLAN
FES f3 9 53 +A�L,EVED NOT TO REQUIRE- APPROVAL ,
19
To the Planning Board of the Town of North Andover ,
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
I . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage '
required by the North Andover Zoning By Law and is on a publ,ic - way,
namely, fA� J"T,pfET or- a private wa.y,. namely, .
being land bounded as follows :,
��/� 6 AJ' fha� � o� �C�il/ pf LA�Yd ✓'l�6MilTfd'
Z.
_ HERE�r/iTh 1or/r•9i�it� �?9,`��� .r.F .
The division of land shown on the accompanying plan is not a sub
division for the following reasons :
VIVI; ? SM,4 61 Foe TN.(4V C''1?hIN?r f.Po�vTti'G�.
J'EE COPi' OF ,f'fA�Pc� Df ���FAlJ' ,DEC/.f%DN flT�D�Fd•
3. Title referenceNorth Essex Deeds , Book f7# Page _11 or
Certificate of Title No . Registration Book
I _
Page
Applicant ' Signature: .
applicant :signature and address if not
the
the
(Print Name)
Applicant ' s Address ;
.Na A .JI 3_gL
Tel. No. -
r
r' Received by Town Clerk :
k
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
+ accompanying plan :
1 . The North Andover Planning Board :has determined that said plan ,
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same.
IT
2. The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G . L . c . 41 s . ' 81-L , and
r.. must therefore be re-submitted to it for approval under the
ti Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
,, ..
By ;
r
Date :
r .
Oversized Maps on file with the Town