Loading...
HomeMy WebLinkAboutCorrespondence - 318 SALEM STREET 3/14/1990 5 KoPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET PLANNI ............................. LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G.PAIGE ELIZABETH A.LANE (617)451-0750 JOYCE FRANK FAX 451-1863 JOHN W.GIORGIO BARBARA J.SAINT ANDRE JOEL B.BARD RICHARD J.FALLON GEORGE M.MATTHEWS JAMES A.DYREK EVERETT J.MARDER JANE M.C'MALLEY KAREN V.KELLY COLLEEN B.WALKER SONDRA M KORMAN March 14 , 1990 ANNE-MARIE M.HYLAND RICHARD BOWEN CHERYL ANN BANKS North Andover Planning Board North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: ANR Use Protection - Watershed Protection District Dear Members of the Planning Board: You have requested an opinion as to whether an ANR endorsement exempts a site from the requirements of a subsequently adopted Watershed Protection District (IIWPDII) . In my opinion, an ANR endorsement protects the property shown from subsequently adopted use restrictions. Therefore, insofar as the WPD imposes use restrictions on the property, in my opinion, the property is exempt. The use of land shown on an endorsed ANR Plan "shall be governed by applicable provisions of the zoning. . .by-law in effect at the time of the submission of siir-h plan. . . . 11 Thlat protection lasts for three years. G.L. c. 40A, §6. According to the information provided, the applicant seeks to construct a single family residence, a use which was allowed at the time his ANR plan was submitted. Subsequently, the property was rezoned WPD. The construction of a single family residence is permitted generally in the WPD. By-law, §4 . 135 (3) (e) . However, within the Non-Disturbance Buffer Zone ("Buffer Zone") of the WPD, such use requires a special permit. By-law, §4 . 135 (5) (C) (III) . K®PELMAN AND PAIGE, P. C. North Andover Planning Board March 14 , 1990 Page 2 In this case, it appears that a portion of the proposed construction will be in the Buffer Zone. In my opinion, the ANR endorsement exempts the property from the special permit use restrictions imposed in the Buffer Zone for up to three years . Please call me if you have any questions. Very truly yours, 'Ja e M. O 'Malley JMO/myj cc: Board of Selectmen ,III MEMORANDUM TO : Robert Nicetta V) FROM : Richard P. Doucette DATE : February 5, 1990 RE : Lot B Salem St. Please be advised that I have rejected the Form U for Lot B Salem St. on this date. This rejection is based on Section 4 . 6 of the North Andover Wetlands Bylaw. Section 4 . 6 states: "No activity governed by an Order of Conditions shall be carried on unless and until all permits, approvals and variances required by the By-Law of the Town of North Andover shall have been obtained" The applicant has shown no intention to file for a Special Permit With the Planning Board. After much discussion with the Town Planner and the Division Director, it is clear that the applicant must file for a Special Permit. If the applicant proceeds with construction prior to filing and receiving this local permit, he will be in violation of the North Andover Wetlands Bylaw. Therefore, I am compelled to " reject this Form U. OF HORT/I 1ti OFFICES OF: o?' �p Town Of 12U Main Street APPEALS ;o ;»" North Andover NORTH ANDOVER BUILDING massachusetts 0184 r CONSERVATION '8a,C"uses, DIVISION OF (508)682-6483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIREC'T'OR November 7 , 1989 Joseph Borgesi Re: File #k242-513 J.J.B. Associates, Inc. 145 Marston Street Lawrence MA 01841 Dear Mr. Borgesi: I have reviewed the copy of the letter from Kopleman and Page, Town Counsel, that was submitted to the Conservation Commission regarding the applicable zoning on Mr. Giarusso' s lot. This letter does not seem to support Mr. Foster ' s belief that prior zoning is in effect, eliminating the need for a special permit under Section 4 . 135 of the Zoning Bylaw. First, this letter does not specifically refer to Mr. Giarusso ' s lot as the Commission was initially led to believe. Second, the letter specifically states in section (2) : 11 . . .the use of land. . . is governed by the zoning bylaw in effect at the time of submission of such plan for a period of three years. However the Massachusetts caselaw interpreting this section of the Zoning Act makes clear that ANR endorsement protects land only from changes in use and does not offer protection from other zoning changes. " The Watershed Bylaw (section 4 . 135) is not a control of use and therefore is not necessarily grandfathered for 3 years. It is my interpretation that the letter submitted by Mr. Foster is not applicable to this filing. Therefore, the applicant must file for a Special Permit with the Planning Board. I have discussed this with the Town Planner and the Director of Planning and Community Development and we are in agreement on this issue. The North Andover Wetland Protection Bylaw states that the Conservation Commission may reject any Notice of Intent if all local approvals have not been applied for. Please see that all parties representing Mr. Giarusso come to some agreement on this before the next Conservation Commission meeting on November 15, 1989. Finally, as we discussed last week, I believe it is possible (with minor lot line changes) to locate all construction for this project outside the 100 ' buffer zone from wetlands. If this can be accomplished there will be no -need for a Notice of Intent or a Variance. I believe a Special Permit would still be required under Section 4. 135(5) (b) of the Zoning Bylaw to construct the septic system in the non-discharge zone. A new septic design would require new perc tests in the spring. This would not only protect the interests of the Watershed Bylaw and the Wetlands Bylaw, but also save Mr. Giarusso further cost and red tape. Sincerely, ---e' ,�o" -F., U 6(t�Q Richard P. Doucette Conservation Administrator CC Charles Foster Karen Nelson Chris Huntress _' " .���.,r��� � ��fj'j#P ry a AF R , j P , April 8� 1991 a A.. P/ North Andover Conservation catnission 120 Main Street North Andover, Ma Attention: Paul Tariot, Chairman Dear Sir: This is a written request to your Board fora f Certificate of Canplianoe for Lot "B" Salem Street, awned by Salem St. Realty Trust, David Pickles, Trustee. Work on the site has been completed in accordance with the "Order of Conditions" and an "as-built" plan by a professional engineer submitted driveways,the C iserva atCa sssion. No other site work► including Y s time. Very truly lours, 3 310 CMR 10.99 Form 9 DEP File No. 242-513 *' (To be provided by DEP) J r r°:.-• oily town North Andover, NA ,;- Commonwealth of Massachusetts ADolicant Giarusso Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 AND 011DER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From North Andover Conservation Commission Issuing Authority To Domenic Giarusso April 4, 1991 Date of Issuance Property lot/parcel number, address Lot B (4318) Salem St. Extent and type of activity: Construction of a driveway not in conformance with the Order of Conditions. F-illing and grading in the buffer zone within the Lake Cochichewick watershed. The ,_Piorth Andover Conservation Commission has determined that the activity described ijhove is in violation of the Wetlands Protection Act, G.L. c. 131 . §40, and the Regulations promulgated pur- suant thereto 310 OIAR 10.00, because: Lj Said activity has been/is being conducted without a valid Order of Conditions. Said activity has been/is being conducted in violation of an Order of Conditions issued to D. Giarusso dated nPcAmhar 6, 1989 File number— 42— 51 Condition number(s) 19, 17 Other(specify) , The North Andover Conservation Commission hereby orders the following: the property owner, his agents. perrmttees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. F7 Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9.1 UotI'III list,I'J, issued by N° h Andover Conserv�lti<ln — 11 Iron forms and plans as requlrPd hv thE' tact and Reoulatlons shall be bled v:Ith IrIE Completedapn ca _fdatei North Andover Conservation Coulmissig►lor belore work shall be performed until a public heannq has been held tdA(d,(,ntOrl ic.el Co'nd111on� •> •. and no further ('f'ow„ has been issued to regulate said work. Application forms are available a : 20 MI i it S t. eal further viol Tel.of 111e act No, Aoduver j"A The properly owner shall lake every reasonable step to Prev Tel. 11682-6483 U1t34 xOther (specify) Stop all work on this project immediately. Return the land to its original grade where the construction does not comply with the Order of Conditions. Failure to comply with this Order may constitute grounds for legal acllon. Massachusetts Genet at Laws Ctla.r ter 131 . Section 40 provides: a fine of not more Whoever violates any provision o1 this section shalt be punished by than twenty-five thousand dollars or by imprisonment lot not more than lwo years or both. Each day or portion thereof of continuing violation shall constitute a separate offense ardin this Enforcement Order should be directed 10 ichard Doucette Questions reg 9 Issued by Norttt Andover Conservation Signature(s) • tom\ -. --- (Administrator) (�, rnalulc cal d0lvel� or certillea mall mintier) 9.2b 7 �. wo a_ T-7—, .z.: .<' of NORiIt 9 OFFICES OF: o °m Town Of Mn III BUILDING ...� NORTH L�1®I DO lift Milssi��i w;(A�i CONSERVATION '�,= •;ti' �9�iss��cl l�isclt U I tf- HEALTH ss DIVISION OF (508) 683 64133 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR April 4, 1991 Mr. David H. Pickles, Trustee Salem Street Realty Trust 318 Salem Street North Andover, MA 01845 Re: Special Permit Violation Dear Mr. Pickles, During a site inspection conducted this afternoon construction of a second driveway to access "Lot B" was in progress. This construction constitutes a violation to two Special Permits issued by the Planning Board and a Notice of Intent issued by the Conservation Commission. On May 31, 1990 the Planning Board issued a Special Permit for construction within the Watershed Protection District. (Section 4 . 135, North Andover Zoning Bylaw) This Special Permit specifically allowed construction within 100 feet of a tributary to Lake Cochichewick. Condition number one (1) of that permit states: "Any changes made to these plans shall be approved by the Town Planner. Any changes that the Planner may deem as substantial shall require approval by the Planning Board. " As no approval was sought from either the Town Planner or the Planning Board I find that you are in violation of this Special Permit. Further, the Order of Conditions issued by the North Andover Conservation Commission, Dated 12/6/89 ,, condition number one (1) , reads as follows: "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. " Construction of the above referenced drive within 100 feet of a statutory wetland is in clear violation of the approved Notice of Intent. You are hereby notified to cease and desist all work associated with said driveway. In addition, you have violated a second Special Permit issued by the Planning Board on June 29, 1990, which allowed for construction of a common drive to service both Tuts A and B. Condition number three (3) of that permit states that the proposed construction shall not be allowed to further impact the site than as shown on the plans approved through that Special Permit. This driveway is a clear alteration to the approved plans and thus constitutes a violation to all three of the above referenced permits. The following is a complete list of the approvals and violations associated with the above referenced construction: Planning Board Special Permit, Dated May 31, 1990, issued for grading from 80 to 100 feet from a wetland within the Watershed Protection District. Conditions number 1, 4, and 14 Planning Board Special Permit, Dated June 29, 1990, issued for construction of a common driveway to gain access to lot A and lot B Salem Street. Condition Number 1,3 and 4. Conservation Commission Notice of Intent, (242-513) Dated December 6, 1989. Condition number 1,3, 12, 17, 21 and 28 Again, you are hereby notified to cease and desist all, work associated with the construction of the second driveway to service "Lot B. " Please contact my office as you shall . be required to return the disturbed area to its original condition within 10 days of receipt of this letter. Failure to comply with this order letter will result in a criminal complaint against you in the Lawrence District Court, and may result in a fine. Sincerely, X�t-40'--.�L A/ Karen H.P. Nelson Director, DPCD cc: Christian C. Huntress, Town Planner Richard P. Doucette, Conservation Administrator William Cyr, NADPW ®a aan b N011TH ANDOVER FIRE DEPARTMEN"r CENTRAL FIRE 1-1EADQUARTERS 124 MWn Street ,Ty North Aridover, Mass, 0184 � p � t FEB 2 To: Chris Huntress , Town Planner From: Lt. Don Fountain, Fire Prevention Re: Giarrusso - Salem Street Date: February 19, 1991 The Fire Department made their position clear at the original hearing concerning this property. The Board saw fit not to abide by our recommendations at that time. We are not in favor of any changes being made at the present time unless they concern our original recommendations . Lt. Don Fo tai4) Fire Prevention w NORTI-1 ANDOVER FIRE DE"PARTMEN1 ` »t' TII III 14EADQUAR t�C FIS 124. 1AWn Street North Aroover, Mass. 01845 (Ifief of Departaient Ted. (5()8) 686-13812 TON Mr-. CApor«ge F�Prrla, Cl°s,air^rnant North Andover F"«l aria i ng is+OAMI Fr°ome Fire Chief l?c:,lar► REP Special Fer"m i t COIY MC,Yl Flr'i ve - Se- 1.enr St. 01-41 --t .esssc:l t?at e e May 149 1990 It is My under°sr andinq that that Spmcial Pet-mit AF:tr:tli.c �tir..;.r► f'r r they Giarruso property is coy, that acletnda fot, Tht.tr-%dAy night May 17th. As a Matter, of public safety X am strorsul.y r,ece--immendi.ng the ins,taI I a t iti;ln Of a re%J.der►t ial spr,inFcler, system in thse. pr-opor� ed addition. r3omrti state�ment;sss made at t;t•se last heading t,ep r^ding t;lie cost of such installation are Lt. [)on F1;untair► had given Mr Foster" the name of a spr,inF<.Iar, c.ontrac.tor who had ir►s�talleri systems ms i n Nor-t h Andover, in new horrses. This was at Mt Fost Far° sn► V,egLkest. At there last hearinq Mr. F'o>rster stated that this company would not quote him on the ,job. The day after, that meet inn I called the company and they stated that they had not t-ec.eived a call from Mr-. Foster-, and that they would not refuse to bid or► any installation.. Installation costsn have been r,epreismnted as being in excess of t,9, C7Ci The average cost of i nsat a l l at i or► it", new conss,t r"►.ec:t i on in North Andover for, a nine morn houme and cover--age extended to the attic has been $5100. For a r,etr•,ofit, which is mor«e costly than inusstallat. iora c:1r► new r_orlsatruct ion, on my home ut sinq CPVCW I received one g1.,tote of 104300 and am awaiting a second quote us�inq polybutylene wtsichs I e><pec.t to be less expensive. My homey is an eight t-c:1orj1 split level with garage under, all of which will be spr,inkletd. Given these facts I find the numbers given at the , h ea: r•,ing incredible for an 1100 square foot addition. Cost is not than issue but life «ssafety. I have Pr►clos=>ed two recent articles regarding residential sprir►k,ler^s, r.tyle ft-om California and one r-egat-ding a comF.tarisson of two fires in the South. Ther-e is another article which qt^aphicall,y shows the a1,16 grwfups affected in fatal home fire. Residential sprinkler-s allow fire ptwotect iclr► tc:•1 be built into the bui ldinq anti in combination with smoke detectov'-s provide brAht early warning for escapee and a means Of BUNWessinq a fir-e to its area of origin. "SMOKE DETECTORS SAVE LAVES'' � Tho mymtem installed today will not only protect the present pesl6ent but future residents regardless of age. 1 would again ask that the installation of a rosidentia1 sprinkler system be required in your order of conditions.-� Lt. Fountain will represent the department at the May 17th hearing" � � _ William V. Dolan, Fire Chief ' | | � � � � | / ! | ' | | ' � � � ' � '