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Miscellaneous - 100 DALE STREET
NORTH •° '+ti Town of North Andover �` �13 JIM 19 Fri :3: 32 Office of the Planning Departure b * Community Development and Services Division °•,••° 1600 Osgood Street P C 1 H SSAc►+usE' North Andover,Massachusetts 01845 MA S S A C a,`' 1 i NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: June 18,2013 Date of Hearings: May 7,2013,June 4, 2013,June 18,2013 Date of Decision: June 18,2013 Petition of: Messina Development Corporation Premises Affected: 100 Dale St,North Andover,Massachusetts,01845. Assessor's Map 37B,Parcel 9 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 4.136.3.b,ii,4.136.3.c.ii& 10.3. So as to allow the demolition of an existing single family dwelling and the construction of two single family dwelling units with associated driveways and the installation of utilities and associated grading on two parcels within 400 feet of a wetland in the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by D. Kellogg and 2nd by L. McSherry to APPROVE the Watershed Special Permit for the Watershed Protection District as amended and based upon the following conditions. Vote was 6 — 0 in favor of the application. nning Board i)/11494----- ohn Simons Richard Rowen Michael Colantoni Lynne Rudnicki Lora McSherry Dave Kellogg I 100 Dale St.Map 37B Lot 9 Watershed Special Permit—Construction of New Single Family Residence 1 June 18,2013 i F j The public hearing on the above referenced application was opened on May 7, 2013 and closed by the North Andover Planning Board on June 18, 2013. On June 18, 2013, upon a motion made by D. Kellogg and seconded by L. McSherry to GRANT a Watershed Special Permit for the demolition of an existing single family dwelling and the construction of two single family dwelling units with associated driveways and the installation of utilities and associated grading on two undeveloped parcels within 400 feet of a wetland in the Non-Discharge Zone of the Watershed Protection District, under the requirements of Section 4.136.3.b,ii, 4.136.3.c.ii & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is 12,490 sq. ft. This Special Permit was requested by Messina Development Corporation,North Andover, MA 01845 on April 4, 2013. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. i The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its r specific criteria is met. This decision specifically stated by the Planning Board makes the following t. FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a a) Although the project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick the final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. k b) On January 8, 2013, the project received a variance from the Town of North Andover Zoning Board of Appeals, as required by the Town of North Andover's Zoning Bylaw for relief from E frontage and area requirements for the Residential-1 Zoning District. The Zoning Board found that owing to circumstances related to soil conditions, shape or topography of the land,that literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise. tc The proposed plan reflects changes made to the original plan, as requested by the Planning Board, the peer reviewer and abutters. The location of the dwelling unit on Lot 2 has been moved closer to the site of the original home. The driveway for Lot 2 has been moved to the western side of the dwelling unit to allow for the least amount of disturbance to abutting properties. x, 2 a ; 100 Dale St.Map 37B Lot 9 'Watershed Special Permit—Construction of New Single Family Residence June 18,2013 d) The construction plan has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston,and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by correspondence dated April 26, 2013, May 7, 2013, June 3, 2013 and June 11, 2013. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single- family dwelling: i) The new project will create 12,490 sq. ft. of new impervious area that will include the two dwelling units, with attached garages and driveways. All of the roof runoff will be routed to a roof infiltration chamber(one for each dwelling unit), surrounded by a three (3) foot trench filled with crushed stones. The runoff for each of the driveways will also be infiltrated into a stone trench along the side of each driveway. ii) Landscaping has been proposed which limits lawn area and defines the type of plantings. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deeds. iii) The limit of work and clearing has been marked on the plan to be as close to the proposed dwelling unit as possible. A deed restriction will be recorded to limit any further clearing on the lot. iv) Copper gutter and down spouts are not to be used in the construction of the dwelling units. A note to this effect has been added to the plan. v) An Operations and Maintenance document will be provided to the homeowners for maintenance of the roof infiltration chambers. e) The existing lot complied with the current Zoning Bylaw with regard to frontage and acreage. The two lots were created through the ANR process and marked as unbuildable. The ANR Plan was approved by the Planning Board on November 21,2012. Subsequently,on January 8,2013,the two new lots received variances from the Town of North Andover Zoning Board of Appeals, as required by the Town of North Andover's Zoning Bylaw, for relief from frontage and area requirements for the Residential-1 Zoning District. f) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- '` Discharge Zones for any discharge, structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proposed project; 3 1100 Dale St.Map 37B Lot 9 Watershed Special Permit—Construction of New Single Family Residence June 18,2013 e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to Lot 1 and Lot 2 totaling 180,312 sq. ft. of land with frontage on Dale Street as shown on the plans prepared by Christiansen& Sergi, Inc., dated April 4, 2013 and revised to June 3,2013,entitled"Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.".. is b) The"Plans"refer to the plans prepared by Christiansen& Sergi, Inc.,dated April 4, 2013 and revised to June 3,2013, entitled"Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.". c) The"Project"or"100 Dale Street"refers to the demolition of an existing structure and the construction of two single family dwelling units and associated driveways, installation of utilities and associated grading on two undeveloped parcels within 400 feet of a wetland in the Non- Discharge Zone of the Watershed Protection District. d) The"Applicant"refers to Messina Development Corp.,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans, including changes to the ¢, landscaping. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Any increase in impervious surface shall require a Special Permit from the Planning Board. 4) Prior to the endorsement of the Plan a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The"Limit of Clearing"will be noted on the plan and no further clearing will be allowed on the parcel. This limitation shall be noted in the deed. b) The applicant shall provide a copy of the Operations&Maintenance Plan for the Roof Infiltration Chambers. c) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 5) Prior to the start of construction or the issuance of a building permit: 4 1 ,1 100 Dale St.Map 37B Lot 9 i Watershed Special Permit—Construction of New Single Family Residence June 18,2013 a) A performance guarantee bond of eight thousand dollars ($8,000.00) made out to the Town of i i North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Construction Monitor who shall be chosen in , consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4)hour notice to =, inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. l c) Confirmatory test pits shall be performed in the area of the site where the infiltration chambers will be located. The test pits results will be reviewed by the Town Planner. The test pits can be performed during site work but must be completed before a Building Permit is issued. i d) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. i e) A pre-construction meeting must be held with the developer,their construction employees, Planning k Department and Conservation Department(and other applicable departments) to discuss scheduling f; of inspections to be conducted on the project and the construction schedule. f) Any new landscape area will be confined to that which is indicated on the Plan. The soil should have a minimum of 6 inches of topsoil and where possible,native vegetation should be planted.Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 1' 6) Prior to final release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in !; Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant i' must also submit a letter from the architect and engineer of the project stating that the building, landscaping and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town Planner for approval. The applicant may request a separate release of$4,000 for each lot,once the construction has been completed for that lot and the as-built has been produced. t b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. '; 10) This Special Permit approval shall be deemed to have lapsed on June 18, 2015 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, 5 i t t 100 Dale St.Map 37B Lot 9 Watershed Special Permit—Construction of New Single Family Residence i June 18,2013 unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. t 11) This decision must be filed with the Essex North Registry of Deeds. The following information is included as part of this decision: Plan titled: "Site Development Plan for Watershed Special Permit 100 Dale Street located in North Andover, MA.". Prepared for: Messina Development Corp. t 277 Washington Street t Groveland,MA 01834 tt Prepared by: Christiansen and Sergi, Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: April 4,2013, revised to June 3, 2013. Sheets: 1 fi' Plan titled: "Wetland Location and Soil Types for Watershed Special Permit, 100 Dale Street located in North Andover,MA." i Prepared for: Messina Development Corp. 277 Washington Street Groveland,MA 01834 C Prepared by: Christiansen and Sergi, Inc. _' 160 Summer Street t Haverhill, MA 01830 t Scale: 1"=40' I Date: May 3, 2013, revised to June 3,2013. ft Sheets: 1 Plan Titled: Operations&Maintenance Plan Date: June 18,2013 z_ cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 6 — Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1596 WPA Form 4B - Order of Resource Area Delineation eDEP Transaction#:568602 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER A.General Information 1.Conservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. F Order of Resource Area Delineation b. r Amended Order of Resource Area Delineation 3.Applicant Details a.First Name ROBERT b.Last Name MESSINA c.Organization MESSINA DEVELOPMENT CORP d.Mailing Address 277 WASHINGTON STREET e.City/Town GROVELAND f.State MA g.ZIP 01834 4.Property Owner(if different from applicant): a First Name JOSEPH B.AND CARROL J. b.Last Name O'CONNELL c.Organization d.Mailing Address 100 DALE STREET e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 5.Project Location a.Street Address 100 DALE STREET b.City/Town NORTH ANDOVER c.Zip 01845 d.Assessors Map/Plat# 37B e.Parcel/Lot# 9 f Latitude 42.68129N g.Longitude 71.09713W 6.Dates a.Date ANRAD Filed 5/17/2013 b.Date Public Hearing Closed 6/12/2013 c.Date Of Issuance 6/13/2013 7.Final Approved Plans and Other Documents Plan Title Plan Prepared By Plan Signed By Plan Final Plan Date Scale WETLAND LOCATION AND SOIL CHRISTIANSEN&SERGI, PHILLIP G. 6/3/13 1"=40' TYPES INC CHRISTIANSEN B. Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. F Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. F Bordering Vegetated Wetlands 2. F Other resource area(s),specifically a.THE A-SERIES(FLAGS Al-A15)TO THE WEST OF THE SUBJECT PARCEL IS SHOWN ON NHESP MAPS TO BE A POTENTIAL VERNAL POOL b. r Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically Page 1 of 3 *ELECTRONIC COPY 1; i t t f LiMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1596 WPA Form 4B - Order of Resource Area Delineation eDEP Transaction#:568602 t Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER a. c. r Inaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. 3.The boundaries were determined to be inaccurate because: f C.Findings This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act { (M.G.L.c.131,S 40)and its regulations(310 CMR 10.00).This Order does not,however,determine the boundaries of any resource i. area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of the Conservation Commission.The Order must be sent by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office(see http://www.mass.gov/dep/about/region/fmdyour.htm). D.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 f Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The `° request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for 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 of Resource Area Delineation 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,S 40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. F' i' f Page 2 of 3 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource 4B Protection-Wetlands MassDEP File# 42 1596 WPA Form - Order of Resource Area Delineation eDEP Tr ansaction:2#:568602- Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 Cityffown:NORTH ANDOVER E. Signatur i, 1.Date of Original Order ,'P % " / 2.No.of Signatures required i(MI 4,2 L�I/, �/_' Aa , �. � D This Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation,this Order does not extend the issuance date of the original Final Order,and the Amended Order will expire on the date of the Original Final Order unless extended in writing by the Department. This Order is issued to the applicant and the property owner(if different)as follows: 3. r By hand delivery on 4. r?y certified mail,return receipt requested on q/3/),a.Date a.Date 3 Page 3 of 3 *ELECTRONIC COPY L Q T Y„�H x'09?i S?1,∎ 1 t t soRTF� 7r n CEIVED o teas ,gy p I e _ OFFI s ' 1013 APR -4 AN10: 4I L i 1064, r ,, e • �? Sg J 4CHU rT PLANNING DEPARTMENT P ;j " '" Community Development Division S$ecial Permit—Watershed Permit A$ 1 lication Please type or print clearly. 1.Petitioner: MESSINA DEVELOPMENT CORP. T` Petitioner's Address:277 WASHINGTON ST. GROVELAND, MA 01834 Telephone number:978-891-3190 2.Owners of the Land:JOSEPH B C'CONNELL Address: 100 DALE ST, NO ANDOVER, MA 01845 Number of years of ownership:35+YEARS 3.Year lot was created:2013 4. Is the lot currently on septic or sewer? yF5 If on sewer,please provide date the sewer connection was completed: Pit I o R- TZ f 9 75 5. Description of Proposed ject: THE PROJECT CONSISTSrYF 2 BUILDING LOTS. STRUCTURES ON LOT 2 ARE TO BE DEMOLISHED. A SINGLE FAMILY HOME ,WITH APPURTANCES ARE PROPOSED FOR LOT1 AND LOT 2 6.Description of Premises:2 LOTS — C R E e q 71=0R( Fo,M A 1- Z.&4• i)EC:i s i ot'i SEE ATM crtel)) 7.Address of Property Being Affected: 100 DALE ST LOT. I AAtO LOT 7 Zoning District: R I Assessors Map: 3 7F3 Lot#: 9 Registry of Deeds: Book#: 13 28 Page#: /01 L eT / 0 8. Existing Lot: LoT 2 _94_4,44_,51 Lot Area(Sq. Ft): 89, 1.64 5i" Building Height: .89 Street Frontage: 15-1. &i 4-t- Side Setbacks: Front Setback: ./' Rear Setback: Floor Area Ratio: i Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq. Ft): AI/A Building Height: Street Frontage: Side Setbacks: Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): 87,120 Building Height: <35' Street Frontage: 175' Side Setbacks: 30' Front Setback:30' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage: N/A 11.Existing Building(if applicable): LOT Z. - TO E36- QEM0L(S H elb Cap_" _ Ground Floor(Sq.Ft.): #of Floors: ¢: N0 N6 Total Sq.Ft.: Height: Use: Type of-Construction: 12.Proposed Building: LOT a-- 230th ten: 0350_ Ground Floor(Sq.Ft.): 0'37 #of Floors: 2 i 4a Total Sq. Ft. 3.D5& Height: <35' 1----Use:single family home Type of Construction: wood frame 13.Has there been a previous application for a Special Permit from the Planning Board on these premises? NO If so,when and for what type of construction? 14.Section of Zoning Bylaw that Special Permit Is Being Requested 4.136.3a(i)(1)and 4.134.4 15.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. 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 Planning Office does not absolve the applicant 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 Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: KOBE _rci,,,t Gl type Print or a name here: OBERT ME SINA Owner's Signature: .4 44.40.�. Z `Celt 1 .1/ Print or type name here: JOSEPH O'CONNELL 16.Please list title of plans and documents you will be attaching to this application. - Site.Development Plan for Watershed Special Permit - Site Description and other Written Documentation Responses - Variance granted 2/13/2013 - Assessor Property Record Card and Deed - Certified abutter list - Elevation views of proposed homes. Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 100 Dale Street Special Permit—Watershed Application I. Site Description: The subject parcel is located at 100 Dale Street, consisting of two lots recently subdivided from Map 37B Parcel 9. t The Zoning Board of appeals granted a variance certified by the Town Clerk 2/12/2013 to allow the parcel to be divided into 2 lots, with relief from frontage and lot size. See attached. The Planning Board signed the Form A 11/21/2012 creating the two lots Lot 1 is approximately 90,646 sf in land area , Lot 2 is approximately 89,666 sf and are identified as Assessor's Ref Map 37B, Parcel 9 Lots 1 and Lot 2 on Reference Plan #16895 in North Essex Registry of Deeds. The subject parcels are wholly located within the Town of North Andover Watershed Protection overlay zoning. As such, the parcels are subject to the requirements set forth in Section 4.136 of the Town of North Andover Zoning By- Laws. The subject parcels are not located in a special Flood hazard Area on Flood Insurance Rate Map Community Panel No. 250098 0006C dated 7/3/2013. The applicant proposes to demolish the existing house and structures on the site and construct two single family homes with appurtenances as shown on the attached plans. The development on Lot 1 includes work within the Non-disturbance Zone including location of a portion of the driveway, removal of vegetation and regrading as permitted by section 4.136 (3)c i and ii (1 and 2). The work in the Non-discharge zone includes the house and associated appurtenances, stormwater discharge/and recharge areas See Sections 4.136(3) b i , ii(1), and iv. The development for Lot 2 is restricted to the Non-discharge and general zones. See Sections 4.136(3)b I, ii(1) and iv. Written Documentation: - Encouraging the most appropriate use of the land A single family home on each lot in this residential neighborhood is the most appropriate use of this land and permitted by R1 zoning. , F. - Preventing overcrowding of land A single family home on each 2 acre+ lot is supportive of preventing overcrowding of land. - Conserving the value of land and buildings The proposal should enhance the value of the property and the surrounding buildings and land. Diligent upkeep of the property and yard will continue to provide an aesthetically pleasing environment. - Lessening congestion of traffic The proposal calls for the adequate parking for the homeowners and guests. - Preventing undue concentration of population A single family home on each two acre parcel limits the population to this area. - Providing adequate light and air There will be no adverse impact to current background of air and light for the structures. - Reducing the hazards from fire and other danger The proposal does not pose additional hazards from fire or other dangers. -Assisting in the economical provision of transportation, water, sewerage, schools, parks, and other public facilities, The proposed homes will provide an addition to the tax base of North Andover. This supports the Towns economical provision of transportation, water, sewerage, schools, parks, and other public facilities. - Controlling the use of bodies of water, including water courses The proposed project will have no impact on the Lake or the tributaries. - Reducing the probability of losses resulting from floods Roof runoff from the proposed structures will be infiltrated on site. Runoff from the asphalt driveway will be treated and infiltrated on site in accordance with regulations to ensure the quality and quantity of all surface and groundwater resources. - Reserving and increasing the amenities of the Town The project will increase the amenities of the town through an improvement to the property and additional tax revenue due to the new construction assessments. 2 2 Zoning Bylaw Section 10.31: - The specific site is in an appropriate location for such a use; The subject property is located within the R1 zoning district and currently occupied by an existing single family residence. With the recent variance granted by the Zoning Board of appeals for frontage and lot size, the proposal meets all other Zoning requirements for R1 for frontage and set backs. The attached site plan demonstrates a suitable use of land and buildings on this site - The use as developed will not adversely affect the neighborhood; The land use associated with the abutting parcels is single family residence within the R1 zoning district. - There will be no nuisance or serious hazard vehicles or pedestrians; The driveway will not effect any other resident's access to or use of Dale Street. -Adequate and appropriate facilities will be provided for the proper operation of the proposed use; The applicant is amenable to conditions on the Watershed Special Permit to ensure that there will be proper operation of the proposed use. - The proposed use is in harmony with the general purpose and intent of this Bylaw. The applicant requests that the Town of North Andover Planning Board acting as the Special Permit Granting Authority for the Watershed Special Permit find this petition is in harmony with the general purpose and intent of this Bylaw SPECIFIC REQUIRMENTS: - Engineers Certification: I, Philip G. Christiansen, hereby certify that the work depicted on 'Watershed Special Permit Site Plan of Land for"100 Dale Street, Lots 1 and 2 Map 37B, Parcels 9-1 and 9-2, " in North Andover, MA" dated April 3, 2013 prepared by Christiansen & Sergi, Inc. will not, as proposed, contribute to any significant degradation of the quality or quantity of water in orpntering Lake.Cochichewick. // Philip .ristiansen, PE #28895 date 3 - Proof of Alternatives to actions within the Non-Disturbance and/or Non Discharge Zones Both lots are within the Non Discharge Zone. The topography on Lot 1 suggests that best engineering practice and minimum lot disturbance locates the driveway partially within the non-Disturbance Zone. - Wastewater treatment. The proposal is for two single family homes to be connected to the existing sewer and water services of North Andover. - Evidence that all on site operations including, but not limited to construction, waste water disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater greater that the Federal limit at the down gradient property boundary. The proposed homes will tie into the existing sewer system. All construction will comply with best management practices for erosion, siltation and stormwater control. Any fertilizers used on the property will be phosphorus- free and non-organic pesticides and herbicides will be prohibited on the property; no septic systems are proposed. Projections of down gradient concentrations of nitrogen, phosphorus and other chemicals at property boundaries and other locations deemed pertinent by the SPGA: There will be no down gradient concentration of nitrogen and phosphorus due to the proposed work. The SPGA may also require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist, or hydrologist, when in its judgment the complexity of the proposed work warrantees the relevant specific expertise: The applicant will supply additional information as requested by the SPGA. 4 • ■ I. I , ' ' 1 -1. 1■ 1 1< : . 1 CASH ONLY IF ALL Checklock'''SECURITY FEATURES LISTED ON BACK INDICATE NO TAMPERING OR COPYING 1 , • 1 1 ■ 1 1. ■ ■ ■ 1. . 1 1 :■ ERGEIN 1„....j.,..,,,,_,..2,. Cu ',' • °.i�2L�i..r.�'i°:. -..,. 18 . '1 , - r ':1 . 3/w t Y+ m W.W —S 9 i�11'T7�. ..7.774717:1:C.17:1:1‘ _ ..__ ._-._--_ _ Ek a .:.TIW;_TAIIIMIteo • J -: _—. i �sr as ■......... ..m� mt 1�..•�LrYmm...an•00•∎mama�n y f € s • 1 t 1 1 " 1 ' ' - - ' ' ' ' '-'5 CASH ONLY IF ALL CheckLock'''SECURITY FEATURES LISTED ON BACK INDICATE NO TAMPERING OR COPYING ■ 1 1. 1 1 ■ 1 ■ , /I 1 .,1 / V: : IV...\1M111\t:.t�l~.l*. : �1 : 1.11'I9'-• • Y 111_:.+ .•.14. {. an 11"01 ,_ - _._.Ai.I1P561,1_lt t.. kwI-14H11 t.MA O1iU0483.18 — AM 51741191 t a Y T.1.1l..a'1 LL••:LLA L�L —1• `,VWW =_i :.. g 1L.a.._a.u.1u.ai. . y , t ay Z 2 C i $; C i < - --I I — - -1 P I 11 T1—L 1 1 , P 1 11 (1'<1 1 f-..<.,, ---1 1I 1 -- -- — . , ,.:.L , ,. 1 ,L,1 O f..,L: �<I 1-. :L: 1.:: .�.:1.:P 1 ,:-i.1 �� 1. 1 .'c� 1—i 1- — —1 1 -1 I —v-- ------- 1 1 . 1 1 1 1 . 1 1 ., ' • ■ ■ % • • Bk 13342 Psi 221 •4139 Q2-12-2013 a 11 n27a Town of North Andover ZONING BOARD OF APPEALS Amen P.Manzi III,Esq.Chairs=s*ar T 01:; ^C�w c t 1 i i IC, Ellen P.McIntyre,V Richard J.Byers,Esq.Clerk a *own, +, ?O t3 JAN 22 Ph t: D Paul Koch Jr. Esq. � • `•y°°c"* certi tph.aat p tpwee fy MNA O SRS TT A H G Ck':I, �(75 3 T;!S i pb Allan Cuscia Antedate Members Mcbad P. o owl from data of on filed a4c • filing aeas Ludgin Date/`r�� �'4241.3 Joyce A Bradshaw Town Clint To Clerk 7lme Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2013 notice in the office of the Town Clerk, per Mass.Gen.L.ch.40A,§l7 Property at 100 Dale Street,North Andover,MA 01845 NAME Joseph B.O'Connell HEARING(S): 11 Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.B Parcel 09), PETITION: 2012-01OB North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall,at 120 Main Street,North Andover,MA on Tuesday,the 8°i of January 2013 at 7:30 PM on the application of Joseph B.O'Connell for property located at 100 Dale Street(Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement(Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas,but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on November 27,2012 and December 4,2012. The following voting members were present:Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers, D.Paul Koch Jr.and Allan Cuscia. The following Associate members were present:Michael Liporto,Deney Morganthal and Douglas =' Ludgin. Cuscia made a motion to Grant the Variances for Dimensional Requirement(Section 7)7.1.2; 7.13.2; • 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-I Zoning District.The relief for Lot 1,is 98.11 feet,and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,D. Paul Koch Jr.and Allan Cuscia. All in favor 5-0 The Board finds that 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 the Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw men A True Coy ilp.•:$Wimp. Page 1 of 2 mil»cry ,tit/9- Bk 13342 Pg222 #4139 The Board also finds that this use,will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the neighborhood and also that this use, of the two lots will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Site: 100 Dale Street, North Andover, MA 01845 (Map 37.B Parcel 09), North Andover,MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.12; 7.13.2; 72 and 722. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s)Title: 1.)"Plan of Land"Dated September 5,2012 and Revision October 15,2012 containing one(1)sheet,showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA.01830 2.)Map of"Abutters within 300 Ft"Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill,MA.01830(no date supplied) 3)Proposed House Locations for Variance Plan`prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill,MA.01830 dated December 27,2012 Voting in favor Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,D.Paul Koch Jr.and Allan Cuscia. Voting in the Negative: _-M_ Result of votes 5-0 The Board finds that the applicant has satisfied the provisions of Dimensional Requirement(Section 7) 7.I.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas,but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Notes: I. 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 Finding and Variance 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. 3. If the rights authorized by the Variance are not exercised within one(1)years of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. No Andover Zoning and of Appeals A rt P.Manzi,Esq.,Chairman Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk D.Paul Koch Jr.,Esq. 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U o T TN- J 2 n y _ . -� C n_ O — V v` 'v t) c o U ,? n ° 4 - .t.• = to LLI v U - 2 _a_ ? v 9 c Y Abutter to Abutter( ) Building Dept ( ) Conservation ( X ) Zoning (X ) • Town of North Andover Abutters Listing (REQUIREMENT: MGL 40A,section tt states In part-Parties in Interest as used In this chapter shall mean the petitioner, abutters,owners of land directly oppouiteen awry public or private way,and abutters to+Mullen within three hundred(300)feet of the property Ina of the petitioner as they appear on the most recant spplleable tax Ilst,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." Subject Prooerer: ■ MAP PARCEL, Name Address 37-B 9 Joseph O'Connell 100 Dale Street,North Andover,MA 01845 Abutters Properties Parcel Name Amass 37.A 13 Stephen Daly 98 Marbleridge Road,North Andover,MA 01845 37.A 34 Larry McHugh 136 Castlemere Drive,North Andover,MA 01845 37.A 45 Johaine Realty Trust 30 Massachusetts Avenue,North Andover,MA 01845 37.A 46 Raymond Hamel 104 Castlemere Drive,North Andover,MA 01845 37.A 47 James Santoianni 96 Castlemere Drive,North Andover,MA 01845 37.8 1 Jason Bare 40 Berrington Place,North Andover,MA 01845 37.8 7 Kevin McLellan 158 Dale Street,North Andover,MA 01845 37.8 8 Paul Moncevicz,Jr 128 Dale Street,North Andover,MA 01845 37.B 10 Stephanie Rae 130 Marbleridge Road,North Andover,MA 01845 37.B 11 Innovative Properties,Inc 185 Squire Road,Revere,MA 02151 373 12 Jonathan Melchin 100 Marbleridge Road,North Andover,MA 01845 37.B 13 William Arlit 125 Marbleridge Road,North Andover,MA 01845 37.B 14 Harold Lynch 13 Parker Ridge Way,Newburyport,MA 01950 37.B 15 Mark Wolfenfden 115 Dale Street,North Andover,MA 01845 37.B 16 Felipe Schwarz 40 Sugarcane Lane,North Andover,MA.01845 37.B 17 Hunt Family Realty Trust 133 Dale Street,North Andover,MA 01845 37.8 18 Ellen Cokiln 141 Dale Street,North Andover,MA 01845 37.B 42 Jeffrey Stevens 196 Marbleridge Road,North Andover,MA 01845 37.B 81 Massachusetts Electric 40 Sylvin.Road,Waltham,MA 02451 37.B 65 Town of North Andover 120 Main Street,North Andover,MA 01845 37.B 70 Michelle Rotter 59 Barrington Place,North Andover,MA 01845 37.B 71 David Rutter 45 Berrington Place,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of Av/ Certified by:��e �s/ 'ate,//7b�D/3 / • If Nay • `: � �__ - .i 'i I I I I Il 1•111►I I I i 4 f I ,. . . .tr.. lamt-I - kl• a 1,6 1111111111111•1 I an.a�en0i e�■Nl�®■1 F. 3 Oi�ivi,i■s■I I: 0w !�■fig s®�Tii�Ii I' " I 1 �.. � f II.i' . �f ► Q . o • 1 I•i� -- — —= i ` v !. lip' �Iw.aro....� eel �� r _ - I r 11n11i111111111111r i - i- r i II$! ®1I�li ' %� . t o 0 sr_. i m ��A mil i j . 111 I EI!i�•�a.f 11i' �; 1 I ` e �!l10� i i i8 jl i,i � jf X o ✓ :i it ; f. -HI ,, ' / . 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Ii; ii ,,1 11011 1.11.1 - 'i' i lii ;tii li� Ilr II III 211lii>11III r Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman �`: l `f;t�'c . - Ellen P.McIntyre,Vice-Cbairmati - - Richard J.Byers,Esq.Clerk 4.°a H`oT, 287- ,���i 22 D.Paul Koch Jr.Esq. f- 6 °c P� , . i Allan Cuscia s e' * I l r Associate Members s NORTH Michael P.Liporto '� 9 P MASSAC"U Deney Morganthal �9S�4rec'rte 5 `� t `i !,: j SAco4us Douglas Ludgin Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2013 notice in the office of the Town Clerk, per Mass.Gen.L.ch.40A, §17 Property at: 100 Dale Street,North Andover,MA 01845 NAME: Joseph B.O'Connell HEARING(S): 11 Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.B Parcel 09), PETITION: 2012-010B North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover,MA on Tuesday,the 8th of January 2013 at 7:30 PM on the application of Joseph B.O'Connell for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas,but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover,on November 27,2012 and December 4,2012. The following voting members were present:Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers, D.Paul Koch Jr.and Allan Cuscia. The following Associate members were present:Michael Liporto,Deney Morganthal and Douglas Ludgin. Cuscia made a motion to Grant the Variances for Dimensional Requirement(Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. The relief for Lot 1, is 98.11 feet, and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,D. . . Paul Koch Jr.and Allan Cuscia. All in favor 5-0 The Board fords that 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 the Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw Page 1 of 2 VA l The Board also finds that this use,will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the-neighborhood and also that this use, of the two lots will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Site: 100 Dale Street, North Andover, MA 01845 (Map 37.B Parcel 09), North Andover,MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s)Title: 1.)"Plan of Land"Dated September 5,2012 and Revision October 15,2012 containing one(1)sheet,showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.)Map of"Abutters within 300 Ft"Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill,MA.01830(no date supplied) 3)Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill,MA.01830 dated December 27,2012 Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,D.Paul Koch Jr.and Allan Cuscia. Voting in the Negative: Result of votes 5-0 The Board fmds that the applicant has satisfied the provisions of Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas,but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Notes: 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 Finding and Variance 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. 3. If the rights authorized by the Variance are not exercised within one(1)years of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. No h Andover Zo± ZeaIs A ert P.Manzi,Esq.,Chairman Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk D.Paul Koch Jr.,Esq. Allan Cuscia Decision 2012-010B Page 2 of 2 Print Form RECEIVED NORT4 TOWH'H CLERK'S OFFICE of ��is i1ti 2012 NOV 13 AM 10: 30 • ` * 3 44„. , v;= TO's>*N Or NORTH AN1DO`Er 'fi' •'��rao•f th Y'. ss.4CHUS£ MASSACHUSETTS PLANNING DEPARTMENT Community Development Division r` Form A - A• •lication for APPROVAL NOT REQUIRED z` DATE: /f/3/2t,/L Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and . bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: JOSEPH O'CONNELL Address: 100 DALE STREET, NORTH ANDOVER, MA 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: 100 DALE STREET MAP 38B LOT 9 LONE RI 3. Deed Reference: Book 1328 Page 109 or Certificate of Title: 4. Name of Surveyor CHRISTIANSEN & SERGI, iNC Address: 160 SUMMER STREET, HAVERHILL, MA 01830 Signature of Owner(s): ��•:.��` = !, Address: 100 DALE ST.' ET, N•RTH AN•OVER, MA 01845 Page 1 of 2 1600 Osgood Street,North Andover Bldg 20 Suite 2-36 Planning Dept.,Massachusetts 01345 Phone 973.633.9535 Fax 973.6339542 Web ,vw.v to unafnorthandover corn Edited 3.1 07 :1''111 . Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. 0 A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. 13 B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled"Not A Building Lot". 0 C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. 0 D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): = N a} a Cr)7., CD :n Signature of Town Official receiving this application: c' ^' ' {i yam°'- cnc?c; a• c.< Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: =' = 0,o 1. The North Andover Planning Board has determined that said plan does not require poval user the Subdivision Control Law,and the appropriate endorsement has been made upon the same. rn 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 must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Dat !you//2... Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 i Town of North Andover To Clerk Time Stamp ZONING BOARD OF APPEALS QeBent.f..Manzi.999,Coq,. G raa rO!' u`r ,C Wen J..Mc7ntiyce, vice-L � oe N°�T�'1ti fit'��ED `�.Jain Jtcidl Tic. Si 1 /� A� i alien euacia i �C Q azaaciate.Ment&em '� °* �` NOR IC' '-' S/ Atic�laet J..&path 441%44,-.07-0'.14‘)S�1cHust C " '; E. Dew*.Movanthiae s^ Dcu.g€aa Ludgia 1 Date 11 December,2012 f Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a i i. Variance Special Permit t Comprehensive Permit(40B) Finding , : For property located at: STREET: 100 Dale Street MAP: 037.B PARCEL: 9 TOWN: North Andover, MA 01845 TO MEETING DATE(S) January 8, 2013 NAME OF PETITIONE':' Jo e h B. O'Connell : 7 , / (11/3/1■■■■„.____ SIGNED: il :p- e - o' '_ ,.4 - - er-s-n a<< - / 1600 Osgo.d Street,Building 20-Suite 2035,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com ` r . Print Form RECEIVED i t „oRm ! TOWN C!_ER 'S OFFI t Oa,i au -•s ,O B• - Z 2012 NOV 13 ° a '•;0" "' Al 10� 30 �'.4 p,...`f.ate: 4',***„.,c,—;.' *•„,�-�``y NORTH ANDOVER SSA`"us�� MASSACHUSETTS PLANNING DEPARTMENT Community Developmer.t Division - Form A — As •lication for APPROVAL NOT REQUIRED > DATE: ///-3/Z '/� Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant:JOSEPH O'CONNELL Address: 100 DALE STREET, NORTH ANDOVER, MA 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: 100 DALE STREET MAP 38B LOT 9 LONE Ni 4 3. Deed Reference: Book 1328 Page 109 or Certificate of Title: 4. Name of Surveyor: CHRISTIANSEN &SERGI, iNC Address: 160 SUMMER STREET, HAVERHILL, MA 01830 Signature of Owner(s): !; 4 em‘/'/J ®'-?.. _„,‘, Address: 100 DALE ST ET, NORTH ANDOVER, MA 01845 Page 1 of 2 1600 Osgood Street,North Andover. Bldg 20 Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 973.633 9535 Fax 978.633.9542 Web ww'N.to'wnofnoorthandover.corn Edited 8 1 07 i • Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way, or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. p B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled "Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑ D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: 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. 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 must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 11/75/2012 10:23 9783723960 CHRISTIANSEN & SERGI PAGE 01/01 F CSI CHRISTIANSEN & SERGI, INC PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 tel:978-373-0310 www.csi-engr.com fax 978-372-3960 November 5,2012 Judith Tymon AICP Town of North Andover t 1600 Osgood Street, Suite 2035 -,—, ° a North Andover, MA 01845 --f a I :11 c- cn is Re: Form A Application , _°- h 2 100 Dale Street '_ r } u c,n 6, Dear Ms. Tymon: On behalf of my client, Joseph O'Connell, I wish to withdraw the Form A Application that was filed for his property at 100 Dale Street. ,';' I will be refiling this application in the near future and wish that the filing fee paid with the original application be applied to the future filing. Thank you for your attention to this matter. Very truly ypurs, `"�li stiansen { , i Print Form I' t N� TH � ECEIVED ,.t ,/OLD e, ? 4,04 ....g. TO a CLERK'S CFFIC 7 1 {11 1 1 ~ _' s 2012 NOV - I PM 2: 08 41,' °...r.n ,4i TOWN OF SSACHUSE NORTH ANDOVER W PLANNING DEPARTMENT MASSACHUSETTS Community Development Division -- E Form A - Application for APPROVAL NOT REQUIRED DATE: //71/2-J)/ Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant:JOSEPH O'CONNELL K Address: 100 DALE STREET, NORTH ANDOVER, MA 01845 5 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)): 100 DALE STREET MAP 37B LOT 9 LONE R1 1 3. Deed Reference: Book1328 , Page 109 or Certificate of Title: 4. Name of Surveyor: CHRISTIANSEN &SERGI, INC Address: 160 SUMMER ST AVER ILL, M�A)�j1 3 Signature of Owner(s): ,_, de-4.v0 ,L f '4f - Address: 100 DALE ST ET, I OR H ANDOVER, MA 01845 i t Page 1 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds (either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained& used as a public way, or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or ff d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds t; adequate for the way's proposed use, or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. ❑B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control l,aw►• ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way deVeribed above Received: Town of North Andover Town Clerk(date stamp): (ft -' -)f •13 t, Signature of Town Official receiving this application: « crt 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. 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 must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07