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HomeMy WebLinkAboutMiscellaneous - 254 GREAT POND ROAD Pia Farm w°NTI. RGCEIV � 33 °< P TO10i rf.ERH'C 'OFf T7 t ,+ 2015 NOY 13 AN 9103 TO'h"N OF PLANNING DEPARTMENT NORTH ANOGyp Community Development Division MASSACHUSETTS Special Permit — Watershed Permit A lication Please type or print clearly. 1.Petitioner: Thomas and Nicole Friel Petitioner's Address: 254 Great Pored Road,North Andover, MA 01845 Telephone number: 617-548-3724 2.Owners of the Land: Same As Petitioner Address: 254 Great Pond Road North Andoe er,MA 01845 Number of years of ownership: � 1 month 3.Year lot was created:2010 4. Is the lot currently on septic seweR If on sewer,please provide date the sewer connection was compleled:On Sewec..monocled in 2006 5. Description of Proposed Project: Owner is proposing too add a strgle story 2'z 23'addition wDhin the "NorF isturbance" EwBer zone bud ouNde the 150 fool"Conservation"buffer zone. The owner is also seeking to construct a deck to comae I the addition the existirw deck S.Description of Premises:Sloping developed lot improved with a single family house 7.Address of Property Being Affected:254 Greet Pond Road Zoning District:R1 Assessors Map:37A Lot dl:6 Registry of Deeds:Book f:Pending Page R:Pending 8.Existing Lot Lot Area(Sq.Pt): 89,627 Building Height:1 35 feet Street Frontage:510.38 Side Setbacks:'30 feet Front Setback:26.4 feet Rear Setback:'30 feet Floor Area Ratio:n/a Lot Coverage:rete 9.Proposed Lot(if applicable): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Page I of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Nanning Dept.,Massachusetts 01045 Phone 978.688.9535 fox 978.688.9542 Web www.townofnorlhandover.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 foot max Street Frontage: 175 feet _. Side Setbacks:30 feet Front Setback:30 feet Rear Setback:30 feet Floor Area Ratio:n1a Lot Coverage:n1a 11.Existing Building(if applicable): Ground Floor(Sq.FL): N of Flours:2 Total Sq.Ft.:4,449 Height: '35 feet Use: Single Family Type of Construction:Wood Fri 12.Proposed Building: Ground Floor(Sq.Ft.): 0 of Floors: 1 Total Sq.Fl.506 Height: '24 feet Use:Single Family Type of COnstrucbm:Wood Frarne 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(3)(c)(ii) (6) 15.Petitioner and Landowner signatum(s): Every application for a Special Permit shall be made on this forth, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's once. 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 p ele. Petitioner's Signature: Print or type name here: N le F 'ol Owner's Signature: Pont or type name here:Nicole Friel 16.Please list title of plans and documents you will be attaching to this application. Site Plan of Land prepared by Sullivan Engineering Group, LLC; Drywell Sizing(HydroCAD); Page 2 of 2 1600 Osgood Sheet,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnodhandaver.com Edited 8/6/07 Sullivan Engineering Group, LLC Civil Engineers @ land Development Consultants Watershed Special Permit Application 254 Great Pond Road, North Andover To: North Andover Planning Board From: Jack Sullivan,P.E. Date: November 11,2015 Subject: 254 Great Pond Road—Written Support for Project Planning Board Members: The following written summary is prepared on behalf of the owner/applicant,Thomas and Nicole Friel,in support of constructing a 22' x 23'addition and deck. This lot was created in 2010. All the work is outside of 150 feet to lake Cochichewick. The following items as outlined in the Watershed Special Permit requirements are listed below(responses to required items are in italic); 1. Encouraging the most appropriate use of land This site is zoned residential and the proposed site development items listed above are appropriatefor this parcel The addition is located over a previously distwbed area. 2. Preventing overcrowding of land The proposed addition is 22'x 23'which is minimal. The proposed addition conforms to inning requirements. 3. Conserving the value of land and buildings. The proposedsite development will enhance surrounding building and land values, while being aestheticallypleasing. 4. lessening congestion of traffic This project will not increase traffic congestion since this is a single family dwelling with limited trips per day. The number ofresidents within the householdhas not changed therefore the number of vehicle trips will not change with this project. 5. Preventing undue concentration of population This project is consistent with surrounding property uses and as such will not have a measurable impact on population. 6. Providing adequate light and air There will be no adverse impact to current background air and light levels. 7. Reducing the hazards from fire and other danger. There will be no increase in hazard levels from fire or other dangers. The proposed strucaae will he easily accessible to fire fighting equipment and will meet Building Code requirements in providing smoke detectors. PO Box 2004 Wobum,Massachuse0s 01888 (781)8548644-Phone 8. Assisting in the economical provisions of transportation,water,sewerage,schools,parks,and other public facilities. This project will not impact the above noted public facilities and/or utilities. There will not be a negative impact to the economics ofany public utility. 9. Controlling the use of bodies of water,including watercourses: Thus project will not have a negative impact on present uses of the Lake or tributaries thereto. 10. Reducing the probability of losses resulting from floods: This property is not located within a designated Flood Plaint as shown as the latest FIRM maps. The proposed construction will utilize drainage mitigation to collect& recyharge stormwater runof rback to the groundwater table. Them will be no increase of stormwater mwfj from this site. There will be no increase in flooding probability due to the development ofthe property. 11. Reserving and increasing the amenities of the Town Thu project will increase the amenities of the Town through an improvement to the properly and additional tax revenue dae to the new construction assessment. Tune Planning Board, in reviewing this application, will note that all threshold requirements for granting the Special Permit are met and/or exceeded. Further written documentation is provided below(responses to required items are in italics) 1. Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity or water in or entering Lake Cochichewick. l) No pesticides,fungicides,chemicals, or nonorganicferulizers will be used in lawn care or maintenance. Presently, there are no limitations on the type or quantity offertilizers. 2) SMation controls areproposedat the limit of work during construction and until the site is firol stabilized by landscapedmeans to protect the lake and surrourdingpropertiesfrom airy potential runof rimpacts. 3) Mormwater mitigaion has been provided to account for all increased impervious areas. Runoff associatedwith the increased impervious surface (roof area)will be conveyed to a drywell system to promote groundwater recharge. 4) Thre existing dwelling u corrected to the municipal sewer system;therefore there will be no potential increase in nitrogen levels over the existing background levels at the property. 5) This site directly abuts the lake. Natural wooded buffers will be retained within 150 feet of the lake. 6) Careful planning went into the addition to limit site grading changes and to match the existing topography. By limiting the grading changes onsite, existing drainage watercourses will continue to function as in the existing condition 2. Proof that them is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur. Since the existing house a located entirely within the Non-Disturbance zone andthe addition u attachedthere is very little flexibility in Waring the addition outside the Non-Disturbance Zone. PO I;ox 2004 Woburn,Massachusetts 01888 (781)854-86"-Phone 3. Evidence of approval by Mass DEP of any industrial waste water treatment or disposal system or any waste water treatment of system 15,000 GPD capacity. This item does not apply to this site. 4. Evidence that all on-site operations including,but not limited to,construction,water water disposal, fertilizer applications,and septic systems will not create concentrations of Nitrogen in groundwater,greater than the federal limit at the downgradient property boundary. The existing dwelling is connected to the municipal sewer system and the deedrestriction only allowing organic or slow-release nitrogen,phosphorusfree produce for fertilizer use will insure that background nitrogen levels in the groundwater table will not be increased. 5. Projections of downgradient concentrations of nitrogen,phosphorus,and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPCA. There will be no downgradient concentration ofthe above referencedchemicals as outlined in the response to Item 4 above. If you should have any questions or require additional information please feel free to contact me. Very Truly Yours, Jacki Attach is(as noted) Cc: Thomas and Nicole Friel PO Box 2004 Woburn,Massacbuselis 01888 (781)854-8694-Phone 1S Roof Area to Drywell Aip 500 Gallon Drywell w/ 12" Stone Surrounding Subcat L4 Link Drainage Diagram for 254 Great Pond Road ®Reach L4 poe and by tenter your company name here) 11/122015 Hydra M]W 5 n MI433 ®19a 3 FPPIw Mio'ecan SY4ems 254 Great Pond Road Type 111 24-hr 2 yr Rainfall=3 10" Prepared by(enter your company name here} Page 2 HydmCAD®7 00 s/n 001433 0 19862003 Applied mici-ocomputer Systems 11/12/1015 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Slor-Ind method Subcatchment 1S: Roof Area to Drywell Runoff Area=506 sf Runoff Depth=2.68" Tc-6.0 min CN=98 Runoff-0.03 cis 113 ef Pond 1P: 500 Gallon Drywell w/ 12" Stone SurrorPeak Elev=140.04' Storage-27 cf Inflow=0.03 cls 113 cf Outflow=0.01 cls 113 cf Total Runoff Area= 506 sf Runoff Volume= 113 cf Average Runoff Depth =2.68" 264 Great Pond Road Type 111 24-hr 2 yr Rainfall=3.10' Prepared by(enter your company name here} Page 3 HydroCADS 7 00 s/n 001433 ®1986-2003 Applied Mcrocompu[er Systems 11/122015 Subcatchment 1S: Roof Area to Drywall Runoff = 0.03 ds @ 12.09 hrs, Volume= 113 cf, Depth= 2.68" Runoff by SCS TR-20 method, UH=SCS,Time Span=5.00-20.00 hm, dr 0.05 hrs Type III 24-hr 2 yr Rainfall=3.10" Area(sf) CN Description 506 98 Roof Area to Drywall Tc Length Slope Velocity Capacity Description (min) (feet) (ft/fl) (ft/sec) (cfs) 6.0 Direct Entry, From Roof Subcatchment 1S: Roof Area to Drywell Hydr°g.ph 0 M ❑HuoR 0035 0.03 c(s poi~ Type 111 24-hr 2 yr 002 553LL 0" on Rsf 0.026 °°r Runcf oM R8"owe0815 in0016 98 0,012 001 000e o" 0aa a 00z 0 5 8 J 8 9 18 H 12 13 1< 15 16 1'! 18 18 A TYne posy 254 Great Pond Road Type/it 24-hr 2 yr Rainfall.10" Prepared by(enter your company name here} Page 4 H d CADO7 00 sin 001433 ®1986-2003 Applied M'croco p ter Systems 11/122015 Pond 1P: 500 Gallon Drywell w/ 12" Stone Surrounding Field Percolation Rate of Soil= 12 MPI Inflow Area= 506 sf, Inflow Depth= 2.68" for 2 yr event Inflow = 0.03 cls @ 12.09 hrs, Volume= 113 cf Outflow = 0.01 cfs @ 11.75 hrs, Volume= 113 cf, Allen=78%, Lag= 0.0 min Discarded = 0.01 cls @ 11.75 hrs, Volume= 113 cf Routing by Stor-Ind method, Time Span=5.00-20.00 hrs,dl=0.05 hrs Peak Eler- 140.04'@ 12.49 hrs Surf.Area=64 sf Storage=27 df Plug-Flow detention time=20.4 min calculated for 113 cf(100%of inflow) Centerof-Mass det.time= 19.9 min(758.8-738.9) # Invert Avail Storage Storage Description 1 139.00' 76 cf 8.00'w x 8.00'L x 4.00'H Prismatoid 256 cf Overall -67 cf Embedded= 189 cf x 40.0%Voids 2 14000' 67 cf 5.33'D x 3.00'H Vertical ConelCylinderinside#1 143 cf Total Available Storage # Routing Invert Outlet Devices 1 Discarded 0.00' 0.006944 fpm Exfiltration over entire Surface area QQlscarded OutFlow Max=0.01 cls @ 11.75 hrs HVV=139.04' (Free Discharge) L 1=Exfiltration (Exfiftration Controls 0.01 cls) Pond 1P: 500 Gallon Drywell w/ 12" Stone Surrounding Hydrograph hYlwv 0'M 0.03 cfs o amide° 00M Inflow Area=506 sf a 03a 0032 Peak Elev=140.04' O.M Storage=27 cf 0.029 nom = ow —' om 0.010- 4 0.010 0.914 0°12 o.M 0.01 cfs aa09- 0 oaw �. - aaez 0 5 6 7 a 9 10 it 12 13 14 15 16 17 10 19 20 lyes 19d1n1 254 Great Pond Road Type /1124-hr 10 yr Rainfa11=4.80" Prepared by{enter your company name here} Page 5 HydroCAD®7 00 sln 001433 ®19862003 Applied Microcomputer Systems 11/1212015 Time span=5.00-20.00 hrs,dt=0.05 bra. 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond muting by Stor-Ind method Subcatchment 1S: Roof Area to Drywall Runoff Area=506 sf Runoff Depth=4.24" Tc-6.0 min CN=98 Runoff-0.05 cfs 179 cf Pond IP: 500 Gallon Drywall w/12"Stone Sumo Peak Elev--140.76 Storage=55 ct Inl1 yr-0.05 cls 179 of OutOov--0.01 cfs 179 cf Total Runoff Area=506 sf Runoff Volume= 179 cf Average Runoff Depth=4.24" 254 Great Pond Road Type 11124-hr 10 yr Rainfall=4.80° Prepared by{enter your company name here} Page 6 HydroCAD®7 00 s/ 001433 ®19862003 Appred Microcomputer Systems 11/12/2015 Subcatchment 1S: Roof Area to Drywall Runoff = 0.05 cis @ 12.09 hrs, Volume= 179 cf, Depth= 4.24" Runoff by SCS TR-20 method, UH=SCS,Time Span=5.00-20.00 hrs,dt=0.05 hrs Type III 24-hr 10 yr Rainfa11=4.80" Area(sf) CN Description 506 98 Roof Area to Drywall Tc Length Slope Velocity Capacity Description (min) (teeU (S/i0 (ff/sec) (cfs) 6.0 Direct Entry,From Roof Subcatchment 1S: Roof Area to Drywall Hydrogmph ❑Rume 0.055 D.OS Type III 24-hr 10 yr 005 Rainfall=4.80" 0045 Runoff Area=506 sf 9.04 0035 Runoff Volume--179 cf 00, Runoff Depth=4.24" " p0zs Tc=6.0 min 092 CN=98 pots 0.01 p99s 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 M y 0.) 254 Great Pond Road Type 11124-hr 10 yr Rainfall=4.80" Prepared by{enter your company name hen:) Page 7 HydruGAD®7 00 s/n 001433 ®1986-2003 Applied Microcomputer Systems 11/122015 Pond 1P: 500 Gallon Drywall w/12" Stone Surrounding Field Percolation Rate of Soil= 12 MPI Inflow Area= 506 at, Inflow Depth= 4.24" for 10 yr event Inflow = 0.05 cfs @ 12.09 hrs. Volume= 179 cl Outflow = 0.01 cls @ 11.65 hrs, Volume= 179 d, Men=86%, Lag=0.0 min Discarded = 0.01 cls @ 11.65 hrs, Volume= 179 cf Routing by Stor-Ind method,Time Span=5.00-20.00 hrs,dr 0.05 hrs Peak Eler- 140.76@ 12.60 hrs Surf.Area=64 sf Storage=55 d Plug-Flow detention time=47.5 min calculated for 178 d(100%of inflow) Center-of-Mass det.time=46.9 min(782.3-735.4) # Invert Avail-Storage Storage Description 1 139.09 76 d 8.00'W x 8.00'L x 4.00'H Prismatotd 256 d Overall -67 d Embedded = 189 d x 40.0%Voids 2 140.00' 67 d 5.37D x 3.00'H Vertical ConelCylinder Inside#1 143 d Total Available Storage # Routing Invert Outlet Devices 1 Discarded 0.00' 0.006946 fpm Extiltration over entire Surface area QQiscarded Outflow Max=0.01 cfs @ 11.65 hrs Hw=139.05' (Free Discharge) ll=Erdiltration (Exhhlation Controls 0.01 cfs) Pond 1 P: 500 Gallon Drywall w/ 12" Stone Surrounding Hydrograph 0.05 ds s o'ended 0655 Inflow Area=506 sf 0.0 Peak Elev=140.76' O.M pp, Storage=55 cf 2 eoa5 0.03 LL 0.025 002 0015 oat 0.01 cfs ows 0 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 m l 0.) 254 Great Pond Road Type 11124-hr 100 yr Rainfal1=6.40" Prepared by{enter your company name here} Page 6 H droCAD®7 00 s/ 001433 ®1986-2003 Apol'ed Microcomputer Systems 11/122015 Time span=5.00-20.00 ins,dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond muting by Stor-Ind method Subcatchment 1S: Roof Area to Drywall Runoff Area=506 sf Runoff Depth=5.69" Tc=6.0 min CN=98 Runoff-0.07 cfs 240 cf Pond 1P: 500 Gallon Drywall w/12" Stone SurrotPeak Eley-141.50' Storage=84 d In8ow=0.07 chs 240 d Oulf o -0.01 ds 240 cf Total Runoff Area=506 sf Runoff Volume=240 cf Average Runoff Depth=5.69" 254 Great Pond Road Type 111 24-hr 100 yr Rainfall=6.40" Prepared by{enter your company name here} Page 9 HydroCAD®7 00 s/n 001433 ®1986-2003 Applied Microcomputer Systems 11/12/2015 Subcatchment 1S: Roof Area to Drywall Runoff = 0.07 cls @ 12.09 hrs, Volume= 240 cf, Depth= 5.69" Runoff by SCS TR-20 method, UH=SCS,Time Span=5.00-20.00 hrs,dt=0.05 hrs Type III 24-hr 100 yr Rainfall-6AO" Area(sf) CN Description 506 98 Roof Area to Drywell Tc Length Slope Velocity Capacity Description (min) (feet) (fllft) (ft/sec) (cls) 6.0 Direct Entry, From Roof Subcatchment 7S: Roof Area to Drywall Hydrograph ❑RuroB p0'r5 0.07 ds a.m Type III 24-hr 100 yr am Rainfall=6.40" U05 Runoff Area=506 sf 005 LRunoff 240 cf O.w 3 pp 5.69" pp35 0min Qa35 N=98 am opts pot am a 5 8 7 8 9 10 11 12 13 14 15 1p 17 18 19 A iMe anarsl 254 Great Pond Road Type 111 24-hr 100 yr Rainfall=6.40" Prepared by{enter your company name here} Page 10 HydroCADO 7.00 s/n 001433 ®1986-2003 Applied Microcomputer Systems 11/122015 Pond 1P: 500 Gallon Drywell w/12"Stone Surrounding Field Percolation Rate of Soil= 12 MPI Inflow Area= 506 sf, Inflow Depth= 5.69" for 100 yr event Inflow = 0.07 ds @ 12.09 hrs, Volume= 240 d Outflow = 0.01 ds @ 11.45 hrs, Volume= 240 d, Men=90%, Lag=0.0 min Discarded = 0.01 cfs @ 11 AS hrs, Volume= 240 d Routing by Stor-Ind method, Time Span=5.00-20.00 hrs,dt=0.05 hrs Peak Elev- 141.50'@ 12.81 hrs Surf.Area=64 sf Storage=84 d Plug-Flow detention time=80.0 min calculated for 239 d(100%of inflow) CenterW-Mass del-time=79.3 min (813.2-733.9 ) # Invert Avail.Storage Storage Description 1 139.00' 76 d 8.00'W x 8.00'L x 4.00'H Prismatoid 256 d Overall-67 d Embedded= 189 d x 40.0%Voids 2 140.00' 67 d 5.33D x 3.00'H Vertical ConelCylinderinside#1 143 d Total Available Storage # Routing Invert Outid Devices 1 Discarded 0.00' 0.006944 fpm Exfilfration over entire Surface area pprscarded OutFlour Max=0.01 cfs @ 11.45 hrs HW=139.04' (Free Discharge) L4=Exfiltration (Exfiflration Controls 0.01 ds) Pond 1P: 500 Gallon Drywall w/ 12" Stone Surrounding Hydrograph 0.07 ds ❑�oura4v° 0005 am Inflow Area=506 sf a°°5 Peak Elev=141.50' 0 5 Storage=84 of a0s H pw5 ON ones 003 G 025 002 x015 0m 0.01 cfs °.005 0 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 rme pwnr AWffer fo AM11, 1 eu Vk cep ( 1 C4naw~ (X ) Za ( 1 Town of North Andover Abutters Listing REQUIREMENT' N6L aM.stt➢an it YXea npat Pa4esntMeaev es�seanma dtpW rui nteanuc Vd+p<�. aiNlers,prrpryplpq Ere[tlyopprb m rry p-0%x pnalevay,aMahUnib MNWf u.Vin Vaaa h•N�ad nOO)leM a u.proem M m ue Fe�w.i as uey a{pea an Vu imN teceN appYeYe w ra 1e.v,wa�ewu.bm aa.,:pn o.aw.�abaaaa n aWna.arpmn.mepann,N sore a u.aN p mn aye m.yaM na Voa�e a may�re o1v p bnn' 3O6iecl IWo MAPAP RCEL NAme Mdesz 37.A 6 A.M.,Dirwpoli "08oufh Maha.heel,Andoen,81A 01810 A6uff.Piocel9ea Localion. 354 Great Pand Road,N01h An ,,MA 01815 nopwc I`'s Name Add,.. 37A 8.A T..0 NOM Mdova 120 Man 64ee1,NMh Mdweq FAA 01615 37A 53 8.11 Kam. 316 Great Pad Road,Nmlh Atdover,MA 01045 37A 58 Nanle Really Tmd 270 Creat Pad Road.Nath Atdova,MA 01845 3r.0 10 112 FO Hill Re t,TM 112 Fat 1411 Rmd,NMh AM ,,MA01845 37.0 11&M 10tg5.h TmA 11 MaN dge Road,Nodh Ant .MA 01845 37.0 14 EAe Eh, 177 Great Pmd Road,NMh Argwer,MA 01645 37.0 53 Mr $Fo.ler 235 GrealPwd Road,NOM Andover,MA 01645 37.0 m 8 Pe nBo, o 2A3 Creat Pond Road,NOM AndOVa,MA 01645 3T.0 w Him.M B mW 245 Great Porti Road,Nt Pnd4va,MA 01845 This Certifies that the names appeadng on the records of Ute $sass ( f4 as bf Cortifi�l by: Dete�jj_,(-/ 1s� •Dile L31Q 08:520 9783723960 CFRISTIANGEN & SERGI PAGE 01/01 TOw0.of North Andover Office of the PlanningDepanmeut 2011 OCT 12 91111: 13 Community Development and Services Division P(978)688.9535 1600 Osgood Street F(978)688-9542 Building 20,Suite 2.36 North AudOv ,Massachusetts 01845 TO: Phil Christiansen FAX: 37,;t FROM: Jean Enright, Planning Assistant FAX: 978-688-9542 PHONE: 978-688-9535 Please Sign your name and fill in address of premises affected, fill in current date, return same to fax 978-688-9542. Thank you. Special Permit "REQUEST FOR A CONTINUANCE" NAME: Phil Christiansen ADDRESS OF PREMISES AFFECTED: 350 Great Pond Road PHONE NUMBER: AREA CODE: { 9 7 y i 3 7 3 "1 WISH TO REQUEST A CONTINUANCE UNTIL 12 /31 /11 THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY ANA/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA " SIGRE PRESENTATIVE: DAT /d �Z / (SIGNATURE) (FILL iN CUR ENT DATE) BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVAMN688-9330 REALTH68845M PLANNWG688-9133 Town of North Andover Taws Chrk Time Shunp ZONING BOARD OF APPEALS E Qllle Y.✓tanz!999,&q.. P/fairma onrn Ellen Y.matdvw, 7/rce-C�Fairmmr , ".••, ,~u 1l'1� oer `Zcha%d J. `.,6yerd,Faq. Perk f - v 2 pi4: 1 7 DanU S. rdJaaede,F4 Jbefiand.ff.VaWancmudmq Y �dsw<wue - a66ociale Aton6eno Atiolmd Y.Lipoma Date 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 Variance Special Permit Comprehensive Permit(40B) Finding For property located at: STREET:_ 3 S o J HPC /P / apo h o MAP: 3 / f PARCEL: S TOWN: North Andover, MA 014455 Q TO MEETING DATE(S): X0 V// /V y}ro Z/ NAMEOFPETITIO .S /9i ✓ `- r ka ii SIGNED: etitioner(or petitioner's representative) 1600 Osgood Sneet,Building 20-Suite 2-36,Noah Andover,Messachus 01845 Phone-978-688-9541 Fac-978-688-9542 Web-ow .Wwnofnoahandover..,n NOwly 9 ^. > > yell Fl:r 2 2 ��'TACN115e< PLANNING DEPARTMENT Community Development Division Form A - Application for APPROVAL NOT REQUIRED DATE: 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: NANCY LELAND Address:254 GREAT POND ROAD,NORTH ANDOVER, MA 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: MAP 37A, LOT 6 2ONI G DISTRICT R7 254 GREAT POND ROAD 3. Deed Reference: Book 12189 Page 11 or Certificate of Title: 4. Name of Surveyor: MICHAEL J SERGI, CHRISTIANSEN 8 SERGI, INC Address: 160 SUMMEg,STREET HA,VERHILL,MA 01830 Signature of Owner(s): 11VLNU4_7it n Address: 254U"T POND ROADS NOISTH ANDOVER MA 01845 Page I 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.townofnorthondaver cum Edited 911/07 Please indicate the grounds(either A, B, C or D,not a combination)on which you believe your plan not to be a subdivision. [DA 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: X a)a public way,or b)a way which the Town Clerk candies ies is maintained 8 used as a public way,or c)away shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book - Plan ,or d)away 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. ❑x 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". CIC Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control LaQ ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way deso.bad abotQ Received:Town of North Andover Town Clerk(date stamp): _ Signature of Town Official recemng this applicatl �Q Notice to APPLICANTITOWN 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 A over Planning Board By: Date � / Page 1 of 2 / 1600 Osgood Street,North Andover,Oldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fox 978.688.9542 Web www.townefgafthandover.com Edited 811107 a• yOPTN,4 _ • ooi 211 PUG 22 ♦ i wi •'•,...itay 1T+wcNus• PLANNING DEPARTMENT Community Development Division Form A — Application for APPROVAL NOT REQUIRED DATE: 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:NANCY LELAND Address:254 GREAT POND ROAD,NORTH ANDOVER, MA 01845 2. MAP 37A, LOT Descripdonof PZONIONG RI include Assessors 54 G EAT POot ND ROnd AD District(s)]: 3. Deed Reference: Book 12189 Page 11 or Certificate of Title: 4. Name of Surveyor: MICHAEL J SERGI, CHRISTIANSEN&SERGI,JNC, Address: 160 SUMMER STREET, H VERHIL MA 01830 Signature of Owner(s) Address:254 GRAT POND ROA NORTH ANDOVER MA 01845 Page 1 at 2 1600 Osgood Street,North Andover,Bldg.20,Suite 1-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townoloorthondover.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: red under the Zoning By-law on. I. Has the frontage,lot area,and lot width requi X a)a public way,or public way,or _ b)a way which the Town Clerk certifies Is maintained&used as a c)a way shown on a plan approved and endorsed by the PPlanning Board under the Subdivision Control Law, Plan — recorded in Plan Book-- 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 subdNision 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 Law. p The plan shows an existing parcel with no new lot dIvl5lo11(5)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 APPLICANTITOWN CLERK of action of Planning Board on accompanying plan: Board ro riate endorsement has been made upon the same. J. The North Andover Planning and the apps determined that said plan does not require approval under e Subdivision Control Law, as defined by Z. The North Andover Planning Board has determined tha resubmitted for approval under the Subdivision Control Law. said plan shows a subdivision, G.L.c.41,s.81-L and must,therefore,be Very truly Yours. North Andover Planning Board By: Date: Poge T of T 1 688 Osgood Street,North Andover,BIdg.TB,Suite 1-38 Planning Dept.,Mossorhusens 01845 Foz 918.688.9541 Web wto nof�ram Phone 918.688.9535 Wed 811107 s Town of North Andover Office of the Planning Department 20"D DEC 23 F;; 4: DZ ' Community Development and Services Division FC r 1600Osgood Street F1AS s�r"ass North Andover,Massachusetts 01845 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: December 21,2010 Date of Hearings: December 14,2010, December 21,2010 Date of Decision: December 21,2010 Petition of: Nancy Leland,254 Great Pond Road.North Andover,MA 01845 Premises Affected: 254 Great Pond Rd,North Andover,Massachusetts,01845, Assessor's Map 37A, Parcel 6-2 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.bii.(i),4.136.3.c.ii and 10.3. So as to allow the construction of a new, single family residence within the non-discharge zone, with accessory structures within the nondisturbance zone and to remove an existing tennis court within the non-disturbance zone of the Watershed Protection District. After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2"d by C. LaVolpicelo to APPROVE the Special Permit for the Watershed Protection District,as amended and based upon the following conditions.Vote was unanimous in favor of the application. nning Board ohn Simons,Chairman Richard Rowen Timothy Seibert Michael Colantoni Courtney LaVolpicelo J54 Great Pond Road Map 37A,Parcel 6-2 +- Watershed Special Permit—Construct Single-Family Residence December 21,2010 The Public Hearing on the above referenced application was opened on December 14, 2010 closed by the North Andover Planning Board on December 21,2010. On December 21,2010,upon a motion made by R. Rower,and seconded by C. LaVolpicelo to GRANT a Watershed Special Permit to construct a 2,793 sq. ft. single-family residence with accessory structures, remove an existing tennis court, and install a storrawater management system, and related grading and landscape work within the 150 foot Non-Disturbance (from the edge of all wetlands resources) and 400 foot Non-Discharge Buffer Zones (from the edge of all wetlands resources) of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Nancy Leland, 254 Great Pond Road, North Andover, MA 01845 on November 8, 2010. 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 Appendix A to 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. 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 specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The proposed project will have the effect of improving the site in terms of storrnwater management, as demonstrated by the implementing Best Management Practices as shown below. Based on these improvements, the Board has determined that the site will be improved and that the quality of water runoff will be improved.The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design results in a decrease in impervious area and the implementation of Best Management Practices that reflect 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. b) The construction 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 stonnwater 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 site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Lisa Eggleston. See letters from L. Eggleston dated November 22, 2010 and a response from Christiansen & Sergi, Inc. dated December 6, 2010. The applicant addressed all of the concerns and issues stated in the stormwater review and revised the plan as follows: 2 g54 Great Pond Road Map 37A,Parcel 6-2 +" Watershed Special Permit—Construct Single-Family Residence December 21,2010 i) The project calls for a removal of an existing tennis court, resulting in a reduction of impervious area from 7,700 to 6,311: a net reduction of 1,389, which will result in an improvement of water quality entering the Lake. All new impervious area will be constructed entirely within the non-discharge zone. There will he a new lawn area and gardens located in the non-disturbance zone. ii) At the request of the town's consultant, the applicant added 4 roof infiltration structures to capture all roof runoff from the new structure. iii) The applicant has indicated on the plan the"proposed sedimentation and control and limit of work", all of which will be located outside of the 100 ft. buffer to the nearby wetlands and within the nondisturbance zone. iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. v) The implementation of the above Best Management Practices will result in an improvement to the overall water quality of the Lake. C) The proposed structure will be connected to the Town sewer and water systems. d) The applicant has provided a complete construction sequence and has noted on the plan the location for de-watering as well as the soil stockpile area. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 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 proper operation of the proposed use; 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 the 186,370 sq. ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 6-2,and also known as 254 Great Pond Road,North Andover,Massachusetts. 3 J54 Great Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Construct Single-Family Residence December 21,2010 b) The"Plans"refer to the plans prepared by Christiansen&Sergi,Inc., dated November 3,2010 and revised to December 12,2010,entitled"Watershed Special Permit Site Plan for 254 Great Pond Road, located in North Andover,MA,prepared for Nancy Leland'. c) The"Project'or"254 Great Pond Road'refers to the construction of a 2,793 sq.ft.single family residence with accessory structures,the removal of an existing tennis court, installation of storrowater management system,and related grading and landscape work within the 150 foot Non- Disturbance(from the edge of all wetlands resources)and 400 foot Non-Discharge Buffer Zones (from the edge of all wetlands resources)of the Watershed Protection District. d) The"Applicant"refers to Nancy Leland,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. Any changes deemed substantial by the Town Planner would require a Public Hearing and Modification by the Planning Board. 3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. 4) Prior to any work performed on the site and prior to the issuance of a building permit: a) A performance guarantee bond of four thousand dollars ($4,000.00)made out to the Town of 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- free. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 5) Prior to 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. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a fording that the site is in conformance with the approved plan. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 4 354 Great Pond Road Map 37A,Parcet 6-2 r Watershed Special Permit—Construct Single-Family Residence December 21,2010 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9) This Special Permit approval shall be deemed to have lapsed December 21, 2012 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, 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. 10) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed Special Permit Site Plan for 254 Great Pond Road,North Andover,Mass. Prepared for. Nancy Leland 254 Great Pond Road North Andover,MA 01845 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: P,=20' Date: November 3,2010 and revised December 12,2010. Sheets: 1 W: Town Engineer Building Inspector Conservation Administrator John Carney,NAPD Fred McCarthy,NAFD Applicant Engineer Assessor's Office File 5 F"CF_IVED y01•TM Town of North Andover Office of the Planning Deparhnen Community Development and Services Division 1600 Osgood Street F'lh North Andover,Massachusetts 01845 IIAa 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: December 21,2010 Date of Hearings: December 14,2010, December 21,2010 Date of Decision: December 21,2010 Petition of Stephen 3.Galizio,555 Turnpike Street,Suite 41,North Andover,MA 01845 Premises Affected: 1857 Great Pond Rd,North Andover,Massachusetts,01845, Assessor's Map 35,Parcel 57 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.bii.(i),4.136.3.c.ii and 10.3. So as to allow the construction of a farmers porch and replace the existing brick walk with concrete pavers within the non-disturbance zone of the Watershed Protection District. After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2" by M. Colantoni to APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the following conditions.Vote was unanimous in favor of the applications fanning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Colantoni Courtney LaVolpicelo 1857 Great Pond Road Map 35,Parcel 57 Watershed Special Permit—Construct Single-Family Residence December 21,2010 The Public Hearing on the above referenced application was opened on December 14,2010 closed by the North Andover Planning Board on December 21,2010. On December 21, 2010, upon a motion made by R. Rowen and seconded by M. Colantoni to GRANT a Watershed Special Permit to construct a farmers porch and replace the existing brick walk with concrete pavers work within the 100 foot Non-Disturbance Buffer Zone of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Stephen I. Galizio, 555Turnpike Street, Suite 41, North Andover,MA 01845 on November 5, 2010. 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 Appendix A to 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. 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 specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The proposed project will have the effect of improving the site in terms of smrrmwater management, as demonstrated by the implementing Best Management Practices as shown below. Based on these improvements, the Board has determined that the site will be improved and that the quality of water runoff will be improved.The Planning Board bases this fording on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design includes increased roof infiltration and wetlands mitigations, as a result of 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. b) The construction has been reviewed by Town Staff, including the Town Planner and the Conservation Administrator, and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, the staff concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and scorn water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practice. 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) Roof notoff is routed to infiltration areas. The new structure calls for recharging 800 s.f of roof area, by providing treatment for an existing 540 sq. ft. ( Yat of the existing root) and 260 2 1857 Great Pond Road Map 35,Parcel 57 Watershed Special Permit—Construct Single-Family Residence December 21,2010 sq. ft, for the new farmer's porch roof. The runoff will be directed into an infiltration trench with sufficient recharge capacity. ii) No new lawn area is being proposed and the existing trees as noted on the plan will remain. iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. C) The existing structure is connected to the Town sewer system. d) At the request of the Conservation Commission, the applicant will be providing a restoration of wetlands on the western side of the property. The details of this m-construction will be part of the Order of Conditions submitted to the Conservation Commission. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use since the porch will be added to the existing house; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) 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 the 53,580 sq.ft. parcel of land with frontage on Great Pond Road as shown on Assessors Map 35,Parcel 57,and also known as 1857 Great Pond Road,North Andover,Massachusetts. b) The`Plans"refer to the plans prepared by The Neve-Morin Group, Inc.,P. E.dated November 1, 2010. c) The"Project"or`9857 Great Pond Road"refers to the construction of a farmer's porch and replacement of existing brick walk with concrete pavers, installation of stormwater management system,and related grading and landscape work within the Non-Disturbance Buffer Zone of the Watershed Protection District. d) The"Applicant"refers to Stephen J.Galizio,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. 3 1857 Great Pond Road Map 35,Parcel 57 Watershed Special Permit—Construct Single-Family Residence December 21,2010 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a Public Hearing and Modification by the Planning Board. 3) Prior any work being done on the site and prior to issuance of a building permit: a) A performance guarantee bond of four thousand dollars($4,000.00) made out to the Town of 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- free. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engincer 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. The applicant must submit a certification from the design engincer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employces and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed December 21,2012(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, 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. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Plan of Land 1857 Great Pond Road,North Andover,Mass. Prepared for: Stephen I Galizio 555 Turnpike Street Suite 41 North Andover,MA 01845 4 • 1857 Great Pond Road Map 35,Parcel 57 Watershed Special Permit—Construct Single-Family Residence December 21,2010 Prepared by: Neve-Morin Group, Inc. 447 Boston Street U.S.Route 1 Topsfield,Ma 01983 Scale: P,=20' Date: November 1, 2010 Sheets: 1 cc: Town Engineer Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5 RECEIVED , . �AliRStAIIO TO'�'7' RWS OFFICE 287 Massacl]karts Abe. 2010 FEB -4 bio 8124 �ort15 9nlrober,Oa 01845 I J 4:7I ; MORit; February 4, 2010 Re: 254 Greene St. North Andover Ms. MR. Masai and fellow Board members, I regret that I am unable to be physically present at your hearing on this property as I am out of the country. I would like this submitted for the record in hopes that you will not allow any duplex on the site known as 254 Greene St. North Andover. From the last hearing until now I have done as much research as possible to make you understand the historical value this property has to our Town. Enclosed you will find pages from Stephen Roper's book "A Good In-land Town" with pictures by Gayton Osgood. This by itself should make you aware of the need to keep this property the way it is. I understand you are acting on the allowance or disallowance of a special permit specifically, but, for these reasons alone I would hope that you would not grant that allowance. At your last hearing I presented the by-law that dealt with the R4 zone because some members were not familiar with it. Contained in that is the section (D.3. III.) Wherein the very first line reads, "Preserve existing structures of historic value." I have also enclosed the "Demolition Permit pages for your viewing. These pages explain what the process is for demolishing any part or whole building. I believe the Historical Commission bas already made a mistake by letting the current owners tear down the back section of the house. In speaking with the Chairperson of the Historical Commission (Cathy Szyska) she informed me that they did indeed allow the removal of the rear of 254 Greene St. because the assessor's information said that particular part of the building was added on in "1967". I have a letter from Mr. Daniel Giard who lived there and knows most of the history of the house and it was there when he was a child. According to Mr. Giard there was a "Cow Barn" attached at the corner to that which was torn down. I have enclosed some pictures as well and you can we in one of them the rear section of the house with the barn attached. As well as speaking with W. Giard, I spoke with Donalee (Eaton) Whitehead who also lived in that house for years and she informed me that the section that was torn down is when she used to live. She went on to explain that at that time there were many people living in what is now the remaining part of that home including the Giards, and her relatives (Eaton) The section closest to what is now the rear of the house was a "summer Kitchen" and was there for an of her childhood as well as the rest of what was removed and the "cow ham". She tells me the "Cow barn" was tom down "by hand" and she helped with that in the mid seventies. I have enclosed a letter from Mr. Giard that has been signed by a notary concerning this matter. I also know them is a party interested in purchasing the property that would restore it, who has las I understand it) made an offer. I know you are in receipt of a letter from that gentleman. In closing I ask that you take into consideration the historic value as well as the neighborhood. I feel that we (neighbors) have already been burdened with too many duplexesicondexes, as well as a group home that is currently in operation on Greene St. We have Morkeski Meadows elderly complex at the bottom of Green St. as well as an over fifty complex further down the street. At some point I would think that we would be granted some relief from expanding single family homes to multi family dwellings. Thankyour consideration, Jofm,P. Sa V Enclosures: IF Three pages from Stephen Roper's book marked "A, B, and C" • An Ariel view with the rear attachment marked "D" • Pictures marked "E, F, and G" • Notarized letter from Mr. Giard marked "H" • Copy of letter from Mr. Forsythe marked "I" • Notarized letter from Donalee (Eaton) Whitehead marked "J" • Highlighted copy of Demolition permit process marked "IC, and L" ERNENEEI OFFICIAL SEAL JOYCE A.BRADSHAW NOTARY PUBLIC :UMMONNEALTH OF MASSACHUSETTS `�' 'dv Cnmm ExPI. Feb.1a,2011 ■ ��� A G O O n I N - L A N O T O W N Crosby's place,Henry Poor had, by x853, convected his father's •1 Cit p"r working farmstead into a well-kept "model farm," and just northeast of the Poor homestead, some ninety acres of farmland had been purchased in 1853 by John P. Pumam as the site for tivt' - his soon-to-be-erected summer residence. Although the Poor and Pumam estates have both since been subdivided, the main houses still stand (at 254 Greene Street and 92 Pumam Road, l respectively). The early histories of these two properties offer k y some intriguing glimpses into life in North Andover as a . mid-nineteenth-century,suburb/resort t Between 1844 and x86o, the Joseph Poor farmstead on ,., Greene Street went through three different phases of "country place" use. From a typical working farm, the property evolved successively into the model farm of a Boston trader who returned in middle age to his native North Andover; the summer retreat 4-3.Henry Poor House,154 Greene Street.Photo by Gayton Osgood of a Boston commission merchant with business connections in Lawrence; and finally, the summertime residence of a New Bedford engineer with similar Lawrence ties. While these do not encompass all of the variations on the country-place theme ever seen in North Andoveq they certainly hint at the range of possibilities for well- favored properties. �i Henry Ppor, the son of a North Parish farmer-cabinetmaker, had left his family's hillside farm in the early nineteenth century to seek his fortune as a Boston merchant. When his father died, in 1843, the now middle-aged merchant bought out the other heirs' interests in rhe paternal homestead above the Shawsheen. 'I Presumably Poor and his family summered on the Greene Street farm for a few years before moving perma- nently back to North Andover in 1846 or 1847.It was probably at about this time that Henry Poor remodeled his father's farmhouse into a gentleman's country residence (figure 4-3) and turned the sixty-acre homestead into the first known "model farm" in North Andover` The two-story wooden farmhouse that Joseph Poor had erected,probably in the late x 81os, was a thor- oughly traditional central-hallway dwelling modestly detailed in the Federal style. Although large and doubtless comfortable, the Poor House as originally designed was far from picturesque (by x840s standards), and its rooms were essentially shut off from the surrounding natural environment. To remedy these supposed architec- tural defects, Henry Poor seems in the 1840s to have commissioned a limited remodeling, in the course of /--( which a cross-gable was centered on the budding's front roof slope; a single-story veranda was built across the I ' front and both ends of the house; and pairs of odd little shutters were nailed below the front and side first-Boor windows to suggest full-length French doors (which don't exist)." The overall result of these changes was a house more picturesque in appearance and more open to its surroundings than had ever been the case while Joseph Poor was alive. A man "deeply interested in agriculture," Henry Poor probably devoted as much care to the develop- ment of his farming operations as he did to the remodeling of his dwelling. By 185o he was keeping a dozen cattle, four pigs, and a pair of horses on his North Parish farm;the sixty acres surrounding the house were then divided into hayfields and pasture, apple and peach orchards, and tillage land planted in potatoes, Indian corn, oats,wheat,and barley. The day-to-day management of the farm was evidently entrusted to one Cyrus Hanson, a New Hampshire—born farmer who boarded with the Poors. A pair of young Irishmen who likewise boarded with the family, together with Poor's own teenage sons, undoubtedly provided the bulk of the farm labor. Henry Poor himself continued to run his dry-goods store in Boston, commuting into the city on the nearby Boston &Maine Railroad." The type of farming operation owned by Henry Poor, a son of gentleman's "hobby" farm run by a hired farm manager, tended to be less than highly profitable. Many such farms, in fact, were financial sinkholes, unable to sustain themselves without a continuing infusion of outside capital.This may have been the case with Henry Poor's model farm. The property was heavily mortgaged during most of the time the merchant owned it, and by the early 185os Henry Poor was clearly in financial trouble. In May 1852 the Greene Street farmstead was subdivided into "House lots and Farms," and the property offered at auction. No buyers could be found, though,and most of a year went by before Poor finally sold the farm to Jarvis Slade,a Boston commission mer- chant. Poor and his family, by this point,had already left North Andover for New York City. In an attempt to settle at least some of the debts he had left behind, Poor authorized Slade to sell some additional land for the benefit of his creditors." Jarvis Slade owned the Henry Poor farm from 1853 until x858. Unlike his predecessor, Slade appears never to have given up his Boston residence (in fashionable Pemberton Square) and seems to have used the North Andover farm chiefly as a summer residence. The new owner did continue to run the Poor place as a farm, perhaps even a model one. The purebred Spanish sheep that Slade exhibited at the 1854 Essex County Cattle Show and Agricultural Exhibition, for example, attracted some attention, and his "working cattle" were awarded the top premium in their class. In the horticultural line, Slade was a frequent exhibitor in the fruit and 1 vegetable divisions of the annual Andover Horticultural Society shows, while his wife made a name for herself in the floral divisions.14 For the Slades, however, these bucolic diversions were not to last. The firm of Lawrence, Stone & Co., in which Jarvis Slade was a partner, failed on October r, 1857. It was discovered, moreover, that the senior 179 A G O O D I N - L A N D T O W N partner in the firm, Samuel Lawrence,had been both mishandling company funds and manipulating the books of at least two manufacturing companies with which the firm was involved. While Lawrence fled the country to avoid prosecution,Jarvis Slade remained in Boston and attempted suicide.The desperate merchant survived, but little could be done to salvage his reputation or his property. The mortgage on Slade's North Parish farm was turned over to his creditors,and the Greene Street property was sold again the following spring.=° The new owner of Henry Poor's old farm was Captain Charles H.Bigelow,a former member of the Army Corps of Engineers who had been hired by the Essex Company in 1846 to supervise the construction of the Lawrence Dam and the North Canal. As chief engineer of the Essex Company, Bigelow was responsible for the design and construction of most of the early Lawrence mills.By the late x85os he had built up an extensive con- sulting practice and moved his permanent residence from Lawrence to New Bedford.His acquisition of the Slade farm in 1858 gave him a convenient base from which to supervise his remaining Lawrence projects." On January to, z86o, at about 4:45 P.m., rhe Bigelow-designed Pemberton Mill in Lawrence suddenly collapsed. Eighty-eight people were killed in the Pemberton Mill Disaster, either by the fall of the mill itself or by the fire that swept through the ruins later that night. Although there was considerable evidence to suggest that the blame should be shared by a number of people and companies, Bigelow alone was made the scapegoat. C. In the weeks and months that followed,the engineer beca—" object of a bitter public outcry, and the Greene . Street farm was soon put on the market again. P-' ����1 the had passed, the farm was soldto William tp Greene, a North Andover yeoman. For t� i Ifo 6 and his descendants would run the property as a working farm. Finally, in - :ZIgq min North Andover would be subdivided into house lots." gp � ) 611-6- The nines, , dQgl to t place was purchased in 1853 by still another out-of-tov J� ( I I Pickering Putnam of Boston. Putnam and his brother-in-.. AI mberton Mill Company, which was formally incorporates M tpany,J. P. Pumam had been deeply involved in the design building in Lawrence in 1851-53, and he was responsible Iding was completed. Given the amount of time Putnam farm in nearby North Andover th should come as no great sir 5° BY 1855,J.P. Putnam on their North Andover farm. w A new dwelling was erected s _ ,armhouse that had stood near the cor- ner of Greene and Parker street ..,mrast to its predecessor,was not placed directly si on the street but instead set welt , on the shoulder of a long, gentle hillside rising eastward C above the Shawsheen. Heavily rer ,ater owners (one of whom, Willard P. Phillips, would transform a' . as.. , m . Goggle maps To see all the details that are visible on aPe screen,use the"PrirW'link next to the ma . now � 4 l•� a e-I YICbI 0 42.692382,71.133398 2/3/2010 r w- l , . � w `� � a,, y' rp w.�., i �� �j,,.. . . sam i r � ' r E r-a} - - -- rl . � � ` It r FEBRUARY 02 2010 TO WHOM IT MAY CONCERN: The Greene estate at 1.54 Greene Street No. Andover,Mass. was a working dairy farm until the late sixties.The barn and milkroom were torn down around the early seventies leaving the main house and summer kitchen in place. The summer kitchen part of the house has only been torn down and removed recently. DANIEL A. GIARD �? -,"� -4. A46 %GliL COLT FORSYME 8 Highland Avenue Andover, MA 01810 978-474-8918 email: coltfors@verizon.net January 31, 2010 TO: North Andover Zoning Board of Appeals ATT Albert P. Manzi IIl, Esq., Chair - CC: Ellen P. McIntyre,Vice Chair;Richard J. Byers, Esq., Clerk; Joseph D. LaGrasse,Richard M. Vaillancourt,Thomas D. Ippolito, Daniel S. Brasses, Esq., Michael P. Liporto Regarding the property at 254 Greene Street I have made an offer, contingent on selling my house, to the owners of the 254 Greene Street property. It is my understanding that they are pursuing the approval of the North Andover Zoning Board of Appeals to tear down the house in order to build a multi-family condex there. I believe this would be a loss to the town for a number of reasons. Not only is this a historic house, dating back before the Civil War, it also holds a unique place in North Andover's history as the first model farm. I became aware of this fact after reading A Good In-Land Town by Stephen Roper,the North Andover Historical Society's excellent book on the town's history. The current owners have already profited from subdividing the lot and building a house on it. They are now arguing that they should be allowed to build a condex on this same property. I believe the only reason they could realize that kind of profit is North Andover's reputation as a historic New England town with a strong commitment to education. If builders were allowed to tear down all of the older homes in North Andover in order to build inexpensive multi-family homes,what would be left? Certainly the property values would suffer. The people who have lived there for years do not deserve that. Greene Street has always had single-family homes and is in one of the older parts of North Andover. Care should be taken to preserve it. I would also point out that the current owners,who are builders by trade, have handled the property in what I consider a very careless way.Although the house has been empty for a long time,the water was only recently turned off,which has done damage to both the heating system and the plumbing.Also during this time the electric service was loft on. The house also has a gas line. I do not need to tell the Board what might have happened if an electrical fire had occurred in the basement. I can think of no other reason the owners did this than to make the property less desirable to prospective buyers. North Andover is not the desirable town it is because it has the most duplexes. It is a desirable town because of the people and the buildings that make it an integral part of New England.The people who live on Greene Street have made it clear that they do not want a condex in their neighborhood—and I are more than willing to take on the project of restoring this house if I can purchase it at a reasonable price. Sincerely, COLT F RS DONALEE J. 'WHITEHEAD 2 MARKET STRE£T LAWRENCE, MA 01843 978-682-9650 To whom it may concern, My name is Donalee Whitehead. I moved into the house located at 254 Greene Street in 1968 with my parents Charles (now deceased) and Rosalie Eaton. At that time the house was owned by William Roberge my great-great uncle. He and his brothers Charles and Twen had inherited the house from William Greene. The property consisted of the main section of the house that is still in tact. There was what we called the _ "mud room" that connected the main house to the back section and "summer kitchen". The summer kitchen was a large room on the first level and 2 smaller rooms. The house is on roughly east west axis. There was also a barn that was on a rough north south axis. I clearly remember helping to tear down the barn. The barn was connected to the summer kitchen section of the house by a small overhang. There were 2 large areas on the first floor and 3 small rooms on the second level. The walls of the second level were charred by a fire that was started sometime before I moved into the house. I have memories of sleeping in the section of the house that was demolished in 2009. At that time the section in question had no heat. The only source of water in that part of the house was from a large sink that was in the summer kitchen area. There was also a wood stove in that section of the house. The second level contained 2 rooms that were not useable as the floors were not safe to walk on. In 1984 construction was started by my parents on that section of the house. We removed everything except the outside walls. ' We did remove one large section of the east facing wall to install the double garage doors. While we were removing the interior walls the number 1847 was discovered on the west wall. My sister Cheryl and I painted the number 1984 under those numbers as a reminder of when the work was being done. The space was divided into 2 area's the garage and the family room. The second level was left rough finished. CE A.BRADSHAW PUBLIC ALTNO E My COMM,Expires Feb.18,2011 DEMOLITION PERMIT - The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building. PREFERABLY PRESERVED - Any significant building, which the Commission determines, following a public hearing that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the twelve-month demolition delay period of this bylaw. SIGNIFICANT BUILDING - Any building within the town which is in whole or in part one hundred years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria: a. The Building is listed on, or is within an area listed on, the National Register of Historic Places; or b. The Building has been found eligible for the National Register of Historic Places; or c. The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth; or d. The Building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings. § 82-3. Procedures. No demolition permit for a building which is in whole or in part one hundred years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over one hundred years old for the purposes of this bylaw. An applicant proposing to demolish a building subject to this bylaw shall file with the Building Commissioner an application containing the following information: a. The address of the building to be demolished. b. The owner's name, address and telephone number. c. A description of the building. d. The reason for requesting a demolition permit. e. A brief description of the proposed reuse, reconstruction or replacement. f. A photograph or photograph(s) of the building. The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within thirty days after receipt of the application, make a written determination of whether the building is significant. Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. RECEIVED btibt15tAi10 TOWS L.. ORRIS OFFICE 287 fHl4Md;tl9ett9 Abe. 2010 FEB -4 AN B: 24 Ana j I9roDober, An O1845 NORTH ANDOVER MASSACHUSETTS February 4, 2010 Re: 254 Greene St. North Andover Ma. MR Manzi and fellow Board members, I regret that I am unable to be physically present at your hearing on this property as I am out of the country. I would like this submitted for the record in hopes that you will not allow any duplex on the site known as 254 Greene St. North Andover. From the last hearing until now I have done as much research as possible to make you understand the historical value this property has to our Town. Enclosed you will find pages from Stephen Roper's book "A Good In-Land Town" with pictures by Gayton Osgood. This by itself should make you aware of the need to keep this property the way it is. I understand you are acting on the allowance or disallowance of a special permit specifically, but, for these reasons alone I would hope that you would not grant that allowance. At your last heating I presented the by-law that dealt with the R4 zone because some members were not familiar with it. Contained in that is the section (D.3. iii.) Wherein the very first line reads, "Preserve existing structures of historic value." I have also enclosed the "Demolition Permit pages for your viewing. These pages explain what the process is for demolishing any part or whole building. I believe the llistorical Commission has already made a mistake by letting the current owvets tear down the back section of the house. In speaking with the Chairperson of the Historical Commission (Cathy Szyska) she informed me that they did indeed allow the removal of the rear of 254 Greene St. because the assessor's information said that particular part of the building was added on in "1967". I have a letter from W. Daniel Giard who lived there and knows most of the history of the house and it was there when he was a child. According to Mr. Giard there was a "Cow Barn" attached at the corner to that which was torn down. I have enclosed some pictures as well and you can see in one of them the rear section of the house with the barn attached. As well as speaking with Mr. Giard, I spoke with Donalce (Forton) Whitehead who also lived in that house for years and she informed me that the section that was torn down is where she used to live. She went on to explain that at that time there were many people living in what is now the remaining part of that home including the Giards, and her relatives (Eaton) The section closest to what is now the rear of the house was a "summer Kitchen" and was there for all of her childhood as well as the rest of what was removed and the .cow barn". She tells me the "Cow barn" was tom down "by hand" and she helped with that in the mid seventies. I have enclosed a letter from Mr. Giard that has been signed by a notary concerning this matter. I also know there is a party interested in purchasing the property that would restore it, who has las I understand it) made an offer. I know you are in receipt of a letter from that gentleman. In closing I ask that you take into consideration the historic value as well as the neighborhood. I kel that we (neighbors) have already been burdened with too many duplexeslcondexes, as well as a group home that is currently in operation on Greene St. We have Morkeski Meadows elderly complex at the bottom of Green St. m well as an over fifty complex further down the street. At some point I would think that we would be granted some relief from expanding single family homes to multi family dwellings. I Thank yoyou r wnnderation, Jgrin,P. "lavas L/. Enclosures: • Three pages from Stephen Roper's book marked "A, B, and C" • An Ariel view with the rear attachment marked "D" • Pictures marked °E, F, and G" • Notarized letter from Mr. Giard marked "H" • Copy of letter from Mr. Forsythe marked "I" • Notarized letter from Donalee (Eaton) Whitehead marked "J" • Highlighted copy of Demolition permit process marked "K, and L" pyz� Z ,r. OFF'cALSEPL JOYCE A.BRADS xoraxe vusuc ^ MMOx MTx OF MFSSANUSEVS �,�, 'adv Comm.Expbes Feb.18,2011 ■ II11}`\ �L�\ It Crosby's place,Henry Poor had, by 1853, converted his father's Cft X k working farmstead into a well-kept `model farm," and just t 1, northeast of the Poor homestead, some ninety acres of farmland had been purchased in x853 by John P. Putnam as the site for CCS Ch'3' his soon-to-be-erected summer residence. Although the Poor . UU yyp and Putnam estates have both since been subdivided, the mein houses still stand (at 254 Greene Street and 9z Putnam Road, respectively). The early histories of these two properties offer t.Lf y some intriguing glimpses into life in North Andover as a �—� mid-nineteenth-century suburb/resort. Between 1844 and 186o, the Joseph Poor farmstead on (1 Greene Street went through three different phases of "country — _ -- place" use. From a typical working farm, the property evolved successively into the model farm of a Boston trader who returned '' pllrte�.,a in middle age to his native North Andover; the summer retreat 4-3.Henry POOr House,254 Greene Street.Photo by Gayton Osgood of a Boston commission merchant with business connections in Lawrence; and finally, the summertime residence of a New Bedford engineer with similar Lawrence ties. While these do not encompass all of the variations on the country-place theme ever seen in North Andover, they certainly hint at the range of possibilities for well- favored properties. Henry Ppor, the son of a North Parish farmer-cabinetmaker, had left his family's hillside farm in the early nineteenth century to seek his fortune as a Boston merchant. When his father died, in 1843, the now middle-aged merchant bought out the other heirs' interests in the paternal homestead above the Shawsheen. 'I Presumably Poor and his family summered on the Greene Street farm for a few years before moving perma- nently back to North Andover in 1846 or 1847.It was probably at about this time that Henry Poor remodeled ihis father's farmhouse into a gentleman's country residence (figure 4-3) and turned the sixty-acre homestead into the fust known "model farm" in North Andover.'° The two-story wooden farmhouse that Joseph Poor had erected, probably in the late 182os,was a thor- oughly traditional central-hallway dwelling modestly detailed in the Federal style.Although large and doubtless comfortable, the Poor House as originally designed was far from picturesque (by I 840 standards), and its rooms were essentially shut off from the surrounding natural environment.To remedy these supposed architec- !' /J rural defects, Henry Poor seems in the I 840 to have commissioned a limited remodeling, in the course of which across-gable was centered on the building's front roof slope; asingle-story veranda was built across the front and both ends of the house; and pairs of odd little shutters were nailed below the front and side first-Boor windows to suggest full-length French doors (which don't exist)." The overall result of these changes was a house more picturesque in appearance and more open to its surroundings than had ever been the case while Joseph Poor was alive. - A man "deeply interested in agriculture," Henry Poor probably devoted as much care to the develop- ment of his farming operations as he did to the remodeling of his dwelling. By x850 he was keeping a dozen cattle, four pigs, and a pair of horses on his North Parish farm;the sixty acres surrounding the house were then divided into hayfields and pasture, apple and peach orchards, and tillage land planted in potatoes,Indian corn, oats,wheat, and barley. The day-to-day management of the farm was evidently entrusted to one Cyrus Hanson, a New Hampshire—born farmer who boarded with the Pours. A pair of young Irishmen who likewise boarded with the family, together with Poor's own teenage sons, undoubtedly provided the bulk of the farm labor. Henry Poor himself continued to tun his dry-goods store in Boston, commuting into the city on the nearby Boston &Maine Railroad." - The type of farming operation owned by Henry Poor,a sort of gentleman's "hobby" farm run by a hired farm manager, tended to be less than highly profitable. Many such farms, in fact, were financial sinkholes, unable to sustain themselves without a continuing infusion of outside capital.This may have been the case with Henry Poor's model farm. The property was heavily mortgaged during most of the time the merchant owned it, and by the early 185os Henry Poor was clearly in financial trouble. In May r85z the Greene Street farmstead was subdivided into "House lots and Farms," and the property offered at auction. No buyers could be found, though,and most of a year went by before Poor finally sold the farm to Jarvis Slade, a Boston commission mer- chant. Poor and his family, by this point,had already left North Andover for New York City. In an attempt to settle at least some of the debts he had left behind, Poor authorized Slade to sell some additional land for the i benefit of his creditors." Jarvis Slade owned the Henry Poor farm from x853 until 1858. Unlike his predecessor, Slade appears never to have given up his Boston residence (in fashionable Pemberton Square) and seems to have used the North Andover farm chiefly as a summer residence. The new owner did continue to run the Poor place as a farm, perhaps even a model one. The purebred Spanish sheep that Slade exhibited at the 1854 Essex County Cattle Show and Agricultural Exhibition,for example, attracted some attention, and his "working cattle" were awarded the top premium in their class. In the horticultural line, Slade was a frequent exhibitor in the fruit and vegetable divisions of the annual Andover Horticultural Society shows, while his wife made a name for herself in the Floral divisions." For the Slades, however, these bucolic diversions were not to last. The firm of Lawrence, Stone & Co., in which Jarvis Slade was a partner, failed on October 1, 1857. It was discovered, moreove5 that the senior 179 A G O O D I N - L A N D T O W N partner in the firm, Samuel Lawrence,had been both mishandling company funds and manipulating the books '.. of at least two manufacturing companies with which the firm was involved. While Lawrence Fled the country to avoid prosecution,Jarvis Slade remained in Boston and attempted suicide. The desperate merchant survived, but little could be done to salvage his reputation or his property. The mortgage on Slade's North Parish farm was turned over to his creditors,and the Greene Street property was sold again the following spring.'I The new owner of Henry Poor's old farm was Captain Charles H. Bigelow,a former member of the Army Corps of Engineers who had been hired by the Essex Company in 1846 to supervise the construction of the Lawrence Dam and the North Canal. As chief engineer of the Essex Company, Bigelow was responsible for the design and construction of most of the early Lawrence mills.By the late 185os he had built up an extensive con- !� suiting practice and moved his permanent residence from Lawrence to New Bedford. His acquisition of the Slade j farm in x858 gave him a convenient base from which to supervise his remaining Lawrence projects.i6 On January lo, x86o, at about 4:45 P.m., the Bigelow-designed Pemberton Mill in Lawrence suddenly collapsed. Eighty-eight people were killed in the Pemberton Mill Disaster, either by the fall of the mill itself or by the fire that swept through the ruins later that night. Although there was considerable evidence to suggest that the blame should be shared by a number of people and companies, Bigelow alone was made the scapegoat. In the weeks and months that followed,the engineer beta. - object of a bitter public outcry, and the Greene Street farm was soon put on the market again. R-' the had passed, the farm was sold to William Greene,a North Andover yeoman. For.rR i Aft) 6 and his descendants would run the property - as a working farm. Finally, in - 2 {, - Q m in North Andover would be subdivided into house lots.'" n1 The nines, ],{>[s' dt�ul /b r place was purchased in x853 by still another out-of-tov 1S D' t I Pickering Putnam of Boston. Putnam and his brother-m-. MAA-� d mberton Mill Company, which was formally incorporate( [pang J. P. Putnam had been deeply involved in the design building in Lawrence in 1852-53, and he was responsiblt 'Iding was completed. Given the amount of time Putnam farm in nearby North Andover th should come as no great su st: By 185 y,J.P.Putnan. on their North Andover farm. w A new dwelling was erected s, ,armhouse that had stood near the cor- ner of Greene and Parker street —mrast to its predecessoy was not placed directly si on the street but instead set weh , on the shoulder of a long, gentle hillside rising eastward 't. C above the Shawsheen. Heavily ret , .ater owners (one of whom, Willard P. Phillips, would transform ai i aye. i va a T ,ausllethe dePtariilsnttGoogle maps the hat are visible on the link next to the map. ✓""'.�+'. i III a 0 12.892382,-71.133398 2/3/2010 - r n � w F Ar . r � a a '� J y• �° � � � � y� ,si� '�y��r ' a i�� AiuTr } f �.�� �� Y ^ �� e . ++w ��• � � � � � r a � « < :, 6.� _.__.. ter+-rw=....... �' ��.. • .,.,.� � I - � ,, � : „ eF �� s„ ,�--- - -- - � � ! . a \ \y �`�_�£z�. �. � � �� < ! `�. � ; 6 � . . . . . . . \�:��« � » .rte, �: . . . ���>��y� � . : . . � 2 g . 2 �# \ \ � y $ � «� . � FEBRUARY 02 2010 TO WHOM IT MAY CONCERN: The Greene estate at 254 Greene Street No. Andover,Mass. was a working dairy farm until the late sixties.The barn and milkroom were torn down around the early seventies leaving the main house and summer kitchen in place. The summer kitchen part of the house has only been torn down and removed recently. DANIEL A. GIARD �-,,e �. A4 COLT FORSYTHE 8 Highland Avenue Andover, MA 01810 978-474-8918 email: coltfors®verizon.net January 31, 2010 TO:North Andover Zoning Board of Appeals ATT:Albert P. Manzi III, Esq., Chair CC: Ellen P. McIntyre,Vice Chair;Richard J. Byers, Esq., Clerk;.Joseph D. LaGrasse,Richard M. Vaillancourt,Thomas D. Ippolito, Daniel S. Braesse, Esq., Michael P. Liporto Regarding the property at 254 Greene Street I have made an offer, contingent on selling my house, to the owners of the 254 Greene Street - property. It is my understanding that they are pursuing the approval of the North Andover Zoning Board of Appeals to tear down the house in order to build a multi-family condex there. I believe this would be a loss to the town for a number of reasons. Not only is this a historic house, dating back before the Civil War, it also holds a unique place in North Andover's history as the first model farm. I became aware of this fact after reading A Good In-Land Town by Stephen Roper,the North Andover Historical Society's excellent book on the town's history. The current owners have already profited from subdividing the lot and building a house on it. . They are now arguing that they should be allowed to build a condex on this same property. I believe the only reason they could realize that kind of profit is North Andover's reputation as a historic New England town with a strong commitment to education. If builders were allowed to tear down all of the older homes in North Andover in order to build inexpensive multi-family homes,what would be left? Certainly the property values would suffer. The people who have lived there for years do not deserve that. Greene Street has always had single-family homes and is in one of the older parts of North Andover. Care should be taken to preserve it. I would also point out that the current owners,who are builders by trade,have handled the property in what I consider a very careless way.Although the house has been empty for a long time,the water was only recently turned off,which has done damage to both the heating system and the plumbing.Also during this time the electric service was left on.The house also has a gas line. I do not need to tell the Board what might have happened if an electrical fire had occurred in the basement. I can think of no other reason the owners did this than to make the property less desirable to prospective buyers. North Andover is not the desirable town it is because it has the most duplexes.It is a desirable town because of the people and the buildings that make it an integral part of New England. The people who live on Greene Street have made it clear that they do not want a condex in their neighborhood—and I am more than willing to take on the project of restoring this house if I can purchase it at a reasonable price. Sincerely, C� ORS S MARKET STREET LAWRENCE, MA 01843 978-682-9650 To whom it may concern, My name is Donalee Whitehead. I moved into the house located at 254 Greene Street in 1968 with my parents Charles (now deceased) and Rosalie Eaton. At that time the house was owned by William Roberge my great-great uncle. He and his brothers Charles and Twen had inherited the house from William Greene. The property consisted of the main section of the house that is still in tact. There was what we called the "mud room" that connected the main house to the back section and "summer kitchen". The summer kitchen was a large room on the first level and 2 smaller rooms. The house is on roughly east west axis. There was also a barn that was on a rough north south axis. I clearly remember helping to tear down the barn. The barn was connected to the summer kitchen section of the house by a small overhang. There were 2 large areas on the first floor and 3 small rooms on the second level. The walls of the second level were charred by a fire that was started sometime before I moved into the house. I have memories of sleeping in the section of the house that was demolished in 2009. At that time the section in question had no heat. The only source of water in that part of the house was from a large sink that was in the summer kitchen area. There was also a wood stove in that section of the house. The second level contained 2 rooms that were not useable as the floors were not safe to walk on. In 1984 construction was started by my parents on that section of the house. We removed everything except the outside walls. We did remove one large section of the east facing wall to install the double garage doors. While we were removing the interior walls the number 1847 was discovered on the west wall. My sister Cheryl and I painted the number 1984 under those numbers as a reminder of when the work was being done. Thespace was divided into 2 area's the garage and the family room. Th\e second level was left rough finished. OFFICIAL SEAL ¢ � JOYCE A.BRADSHAW NOTARY PUBLIC {- � COMMONWEALTH OF MASSACHUSETTS _� �" My Comm.Expires Feb.1M,2011 DEMOLITION PERMIT - The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building. PREFERABLY PRESERVED - Any significant building, which the Commission determines, following a public hearing that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the twelve-month demolition delay period of this bylaw. SIGNIFICANT BUILDING - Any building within the town which is in whole or in part one hundred years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria: a. The Building is listed on, or is within an area listed on, the National Register of Historic Places; or b. The Building has been found eligible for the National Register of Historic Places; or c. The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth; or d. The Building is historically or architecturally important Un terms Of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings. § 82-3. Procedures. No demolition permit for a building which is in whole or in part one hundred years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over one hundred years old for the purposes of this bylaw. An applicant proposing to demolish a building subject to this bylaw shall file with the Building Commissioner an application containing the following information: a. The address of the building to be demolished. b. The owner's name, address and telephone number. c. A description of the building. d. The reason for requesting a demolition permit. e. A brief description of the proposed reuse, reconstruction or replacement. f. A photograph or photograph(s) of the building. The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within thirty days after receipt of the application, make a written determination of whether the building is significant. Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. Town of North Andover ZONING BOARD OF APPEALS .filbert P.Mmxi m,Esq.ebmmmu RECEIVED Eam P.Mdntym, vs.-Ch.. . r Hoarq TOWN CLERK'S OFFICE Riehud J.Byers,Esq.Ckrk o .•••" R•'S't'p Joseph D.IsGmse Richvd M.Vwllancoort 2010 FEB 10 AM 9= 59 ` p Aueaart Membra K � Thoma D.Ippobto s i TC�ii':i O D..id S.Breese,Esq. by`^n..,,..�^a" NORTH ANDOVER Mlch.d P.Liporto MASSACHUSEi 1S T.C� Date 9 v 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 Variance If Special Permit Comprehensive Permit (40B) Finding for property located at /J STREET: Q� MAP: c;'?91 PARCEL: �7 TOWN: North Andover MA 01845 �J TO MEETING DATE(S): _—/T c' NAME OF PETITIONER: SIGNED: Petitioner(or petitioner's representati ) 1600 Osgood Sq Bldg 20-Suim 236,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 W-eb-www.townofnorlhandover.cosn Town of North Andover ZONING BOARD OF APPEALS Albert P.Maya III,Es .Cdoirmae RECEIVED Earn P.Melatya,ViR-Ckom as i0lt'ff C!ERK'S OFFICE Richard J.Byes,Esq.Ckrk cf��•r 1po JoZOIO 1jA Joseph D.LaGrassa t• - `'• �� R 26 A1111: 2 0 Richard M.Vaillancw,t y A. Membnr _ Thornes D.Ippobm y )UI'N Dr Mar -• ^ NORTH ANDOVER tial S.Bnese,Esq. b•'• ..•^.ry Michael P.Iaporm �da�eswsa� MASSA Any appeal shall be filed within(20) Notice of Decision days after the date of filing of Otis Year 2010 notice in the office ofthe Town Clerk, per Mass.Gen.L.ch.40A,§17 Property at:254 Greene Street(Map 22,Parcel 54),North Andover,MA 01845 NAME: Jet7co,Inc. HEARINGS:January 12,2010,February 9,2010, and March 9,2010 ADDRESS:254 Greene Street(Map 22,Parcel PETITION: 2010.001 54),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120 Main Street,North Andover, MA on January 12, 2010, February 9, 2010 and March 9,2010 at 7:30 PM upon the application of JeHco,Inc: 254 Greene Street(Map 22,Parcel 54),North Andover,MA 01845 regarding a Special Permit for a Residential Dwelling to construct a two family dwelling (Section 10.3 and 4.122.14AB and Bb)within the R-4 Zoning District. Jeffco,Inc is now requesting to the board that they allow them to withdraw without prejudice. The following voting members were present: Albert P Manzi III,Ellen P.McIntyre,Richard J Byers, Michael P,Liporto,Thomas Ippolito and Daniel S Braese. Upon a motion by Richard Byers and tad by Daniel Breese,the Board voted to Grant the applicant's letter requesting the Special Permit for 254 Green Street to be WITHDRRAWN WITHOUT PREJUDICE. Voting in favor were Albert P Manzi III,Ellen P. McIntyre,Richard J.Byers,Michael P, Liporto,Thomas Ippolito and Daniel S Braese. Q" It No Andover Zou' g oard of f Appeals PA rt P.Manzi ID, sq,Chairman len P McIntyre, Vice Chairmmr Richard J.Byers,Esq.,Clerk Associate Members Thomas Ippolito Michael P,Liporto Daniel S Braese Decision 2010-001 Page 1 of 1 • - Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 254 Green Street Ma /Lot: 022.0.0059.0000.0 _ Lkpplicant: I Jeffco Inco orated. President Douglas J Ahern Re oast: Raze existin 1 farm with a 2!enily dwelling Dale: 10 December 2009 Please be advised that after review of your Application and Plans thM your Application is DENIED for the following Zoning Bylaw reasons: Zoning R4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 1 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X t Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10124194 1 Sign not allowed NIA 4 Zone to be Determined 2 Sign Comlies 5 Insufficient Information 3 Insufficient Information E .Historic District H Parking 1 In District review required t More Parking Required 2 Not in district 12 1 Parking Complies X 3 Insufficient Information 3 1 Insufficient Information 4 1 Pre-existing Parkin Remedy for the above is checked below. Item# Special Permits Planning Board Item# I Variance Site Plan Review Special Perms I Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit X Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Usled but Similar Planned Residential 5 ecial Perms Special Permit for Sign R-6 Density Special Permit Special permit for preexisting --f—i— Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the properly indicated on the reverse side: Item Reasons for Reference 4.122.14AR Residential Dwellings construct two family dwelling by special permit from the zoning board of appeals in accordance with section 10.3 and 4.122.14D of the By-law. 4.122 14116 razing existing structure (single family)complies Zoning Bylaw Review Form Town of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 North Andover, MA. 01845 Phone 978-688.9545 Fax 978.688-9542 Street: 254 Green Street Me /Lot: 022.0-0051-0000.0 A [if t: Jeffco incof orated. President Dou las J Ahern Re uest: Raze existin 1 fa fiv with a 2 famil dwellln Date: 10 December 2009 - Please be advised that after review of your Application and Piens that your Application la DENIED for the following Zoning Bylaw reasons: Zonis R4 Notes Item Notes Item F Frontage A Lot Area 1 Fronts a Insufficient 1 Lot area Insufficient x 2 Fronts a Com lies X 2 Lot Area Preexistin 3 Preexistin fronts e 3 Lot Area Com lies 4 Insufficient Information 4 Insufficient Information B Usa 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area X 3 Use Preexistin 2 Com lies 4 S ecial Permit Re uired X 3 Preexistin CBA 4 Insufficient Information 5 Insufficient Information Setback H Building Height 1 1 Hei ht Exceeds Maximum 1 All settbaba cks tom ly X 2 Complies X 2 1 ft Side Ins Insufficient 3 left Side Insufficient 3 Preexistin Hot hl 4 Ri ht Side Insufficient 4 insufficient Information 5 Rear insufficient 1 Building Coverage 8 Covera a exceeds maximum Preexistin sethack(s 1 2 Covera a Com lies X 7 Insufficient Information 3 Coverage Preexisting D Watershed 1 Not in Watershed X 4 Insufficient Information 2 in Watershed J Sign 3 Lon prior to 1 Si n not allowed N/A Sign Complies 4 Zone ci be Determined 2 3 insufficient Information 5 Insufficient Information K parking E Historic District 1 In District review required 1 More Parking Required 2 Not in district 2 Parkin Com lies X 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parkin Remed for the above is checked below. Item# Variance Item# S ecial Permits Plannin Board Setback Variance - Site Plan Review, ectal Permit Access other than Fronts e S ectal Permit Parkin Variance '�'� Fronts a Exce eon Lot S ectal Permit Lot Area Variance Common Drivewa S ectal Permit Hei hl Vedance '�� Con re ale Housin S ectal Permit Variance for Si n µY, Continuing Care Retirement Special Permit X S ectal Permits Zonis Board en----- -dad Housin S ectal Permit S ectal Permit Non-Confornin Use ZBA N+i;- La a Estate Condo 5 ecial Permit Earth Removal S tial Permit ZBA Planned Development District S ectal Permit S ectal Permit Use not Listed but Similar Planned Residential 5 ecial Permit S ecial Permit for Si n R-6 Density Special Permit Special permit for preexisting nonconforming Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference 4.122.14AB Residential Dwellings construct two family dwelling by special permit from the zoning board of appeals in accordance with section 10.3 and 4.122.14D of the By-law. 4.122 14Bb razing existing structure (single family) complies Print Form f NOPtM O rue , 1r o. ,., .•., oo -iVED 1010 AUG 16 PH It 45 'S'T�CNUSf�Sh IUi '1:Cf PLANNING DEPARTMENT NDRTN A USET Community Development Division MASSACr{�Sg, , Form q - q lication for AppROVA( NOT REQUIRED DATE: 4L(jU.5 16r Bring three application forms the Town Clerk's office to time stamp. Leave one application with the Town Clerk and two applications to the Planning Department. The undersigned, believing that the accompanying plan of y not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a propert in the Town of North Andover, Massachusetts,does determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: NA AI LA17 Address: ZScf 6REF1T /�p,v lZD �a F�AlDaVEle z. Location and Description of Pr "f 6 tAT PDNV 6nclude Assessor's Map and Lot and Zoning District(s)I: A LOT 3, Deed Reference: Book /0�, or Certificate of Title: pap 3- 4. Name of Surveyor: i C J �r Address: Signature of Dxmer(s): p2 1/t` Address: 2 O/PFJ Page I of 2 )RD Dsgood Street,North Andover,BIdg.28,Suite 2-36 Planning 1111111-- epNassathuselts01845 Phone 978.688.9535 fox 978.688.9542 www.townofno-er rnm Edited 811101 Web Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a dA. uLl A. Each lot on the plan meets one of the following criteria: I 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 8 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 adoption of the Subdivision Control Law. Registry of Deeds or the Land Court prior to the ❑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'. OC. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. OR The plan shows an existing parcel with no new lot divisio (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?OWN CLERK of action of Planning Board on accompanying plan: I. 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 1 of 1 1688 one 97 Street,North Andover,1.688. 5 Suite 1-36 Planning Dept.,Massorhusetts 01845 Phone 978 688-9535 Fix 97'11.688.954`1 Edited Web www.townoln_�rt6aodor�r rom Edited 8/1/07 mom RcC EIVED o+ f a T01h'! CI,F.RH'S OFFICE 2010 AUG 16 PM It 45 S�C"USE Uiii U-1 r, NORTH ANDOVE PLANNING DEPARTMENT htASSAC7;. c Community Development Division Form A — Application for APPROVAL NOT REQUIRED DATE: ALtext 161 '40/6 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: NA NC k/ L&Z-A nJl ,, �1 Address: ZS'{ CR&,gT %Orl! RD )JO ANboVEle, MA 2. Location and Description of Pr [include Assessor's Map and Lm and Zoning District(s)]: 2S4 6RrAT POND K'9 WrP -.57A LOT ZoNthtr. D7 rR 1LP- 3. 3. Deed Reference: Book0087 paw 30S or Certificate of Title: 4. Name of Surveyor: 'A JC ey l V� —TIT C-- Address: Signature of unwiner Ak4LX Address 0WOT 2 0/f(Fj Page 1 of 2 1600 Osgood Street,North Andover,11Idg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townotnorthandover tom Edited 0/1/07 Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a ,..subdivision. LYI 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 8 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 J)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. ❑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.81I 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 Osgaad Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01045 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandaver on Edited 8/1/07 a, Naarw , e ' 2010 NOV —S Ali 11: 18 PLANNING DEPARTMENT Community Development Division S ecial Permit — Watershed Permit Application Please type or print clearly. 1.Petitioner. NANCY LELAND Petitioner's Address:95R9POND ROAD,NO ANDOVER Telephone number: 2.owners of the Land:21ANCY LELAND Address:254 GREAT POND ROAD,NO.ANDOVER Number of years of ownership: 5+ 3.Year lot was created: 2010 4. Is the lot currently on septic or sewer7 E' If on sewer,please provide date tlw sewer connection was completed: L071:8R/1997 5.Description of Praposed Project:CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITHIN THE NOW ISTURS BUFFER ZONE. REMOVAL OF EXISTING PAVED TENNIS COURT WITHIN THE NON-DISCHARGE BUFFER ZONE. 6.Description of Premises: 4+ACRE CULTIVATED LOT,WITH BARN AND TENNIS COURT 7.Address of Property Being Affected: 254 GREAT POND ROAD Zoning District: R1 6-2 Assessors Map: 37A Lot t. Registry of Deeds: Book is 12189 Page►: 9 8.Existing Lot: 186 370 SF Building Height: Lot Street Area(Sq.Ft): 9 Street Frontage:327.78 F-f Side Setbacks: From Setback;WA Rear Setback: Floor Area Rata: Lot Coverage: 9.Proposed Lot(if applicable): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Page I of 2 1600 Osgood Street,North Andover,BIdg.20,Suile T36 Planning Dept.,Massachusetts 01845 Phone 910.688.9535 Fox 970.688.9542 Web www townofnorthandaverrom Edited 816;07 Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.FQ: 87,i 20 SF Building Height: FT Sheet Frontage: 175 FT Side Setbacks: 30 0 FT From Setback: 30 FT 3 Rear Setback: N/A Floor Area Rada: WA Lot Coverage: 11.Existing Building(d applicable): Ground Floor(Sq.Ft): NIA i of Floors: Height Use:Total FL: Type of Construction: 12.Proposed Budding: Ground Floor($q Ft): 3,400 of i of Flom: 2 Total Sq.Ft 4,500 of Height: 30 FT Use: SINGLE FAMILY RESIDENCE Type of Cmswaion: LO D 13.Has there been aprevious application for a Special Permit from the Planning Board on dnese premises? NO If so,when and for what type of tonsmwtim? 14.Section of Zoning Bylaw WATERSHED PRIs OTECTION DISTRICT Requested 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 Trot absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requiramens, as cited herein and in the Planning Board Rules and Regulations may result in adi6m4sSal by the Planning Board of this application as incomplete. L9 Petitioners Signature: Print or type name here: NANCY LELAND Owners Signature: Print or type name here: NANCY LELAN 16.Please list tilde of plans and documents you will be attaching to this application. Applicant's Letter of Petition, Certified Abutter List, Written Documentation Report, PLANS: Watershed Special Permit Existing Conditions Plan and Proposed Sae Plan by Christiansen&Sergi,Inc,dated 11138010 Page 2 of 2 1600 Osgood Street,Nash Andorer,Ildg.20,Suite 235 Planning Dept.,MussachuseDs 01845 Phone 978,688.9535 Fax 978.688.9542 Web www towroinamhanlover.com Edited 8 607 ' RF_C.I /E . . t NORTry A Town of North Andovc 10 DEC 28 PI; 4: 02 Office of the Planning Dep ent i •,-, ;,.' Community Development and Services ?#�i klv-, �9•�SACNY�� 1600 Osgood Street I'0 �SASSncl os;.fis North Andover,Massachusetts 01845 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: December21,2010 Date of Hearings: December 14,2010, December 21,2010 Date of Decision: December 21,2010 Petition of Nancy Leland,254 Great Pond Road.North Andover,MA 01845 Premises AB•ected: 254 Great Pond Rd,North Andover,Massach tts,01845, Assessor's Map. 37A, Parcel 6.2 and locattel in the Residential I Zoning District. Referring to the above petition for a Watershed Special Permit from the rt quirements of the North Andover Zoning Bylaw,Sections 4.136.3.bii.(i),4.136.3.c.ii and 10.3. So m to allow the construction of a new, single family residence within the non-discharge woe, with accessory structures within the non-disturbance wne and to remove an existing tennis court within the non-disturbance zone of the Watershed Protection District. After a Public Bearing given on the above date,and upon a motion by R.Rowen and 2n'by C.LaVolpicelo to APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the following conditions.Vote was unanimous in favor of the application. imaingBoard ohn Simons,Chairman .. Richard Rowen Timothy Seibert Michael Colantord Courtney LaVolpicelo This Is to ceNfy that tv ty(20)days have elapsed from date of decision,flied withoutflllnBafan peal. Date a1Oo70// Joyce A.Bradshaw Town Clark y54 Great Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Construct Single-Family Residence December21,2010 The Public Hearing on the above referenced application was opened on December 14, 2010 closed by the North Andover Planning Board on December 21,2010. On December 21,2010,upon a motion made by R.Rowen and seconded by C.LaVolpicelo to GRANT a Watershed Special Permit to construct a 2,793 sq. ft. single-family residence with accessory structures, remove an existing tennis court, and install a stormwater management system, and related grading and landscape work within the 150 foot Non-Disturbance (from the edge of all wetlands resources) and 400 foot Non-Discharge Buffer Zones(from the edge of all wetlands resources) of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Nancy Leland, 254 Great Pond Road, North Andover, MA 01845 on November 8, 2010. 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 Appendix A to 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. 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 specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The proposed project will have the effect of improving the site in terms of stormwater management, w demonstrated by the implementing Best Management Practices as shown below. Based on these improvements,the Board has determined that the.site will be improved and that the quality of water nmoffwill be improved.The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design results in a decrease in impervious area and the implementation of Best Management Practices that reflect extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichowick and the safety and welfare of the residents of North Andover. b) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston,and with the application ofthe 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 site drainage system and storm water management design are designed inaccordance with the Town Bylaw requhements and Best Engineering and Management Practices, and has been reviewed by the outside consulting engineer, Lisa Eggleston. See letters from L. Eggleston dated November 22, 2010 and a response from Christiansen & Sergi, Inc. dated December 6, 2010. The applicant addressed all of the concerns and issues stated in the stormwater review and revised the plan as follows: ,254 Great Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Construct Single-Family Residence December 2l,2010 i) The project calls for a removal of an existing tennis court, resulting in a reduction of impervious area from 7,700 to 6,311: a net reduction of 1,389, which will result in an improvement of water quality entering the Lake.All new impervious area will be constructed entirely within the non-discharge zone. There will be a new lawn area and gardens located in the non-disturbance zone. ii) At the request of the town's consultant, the applicant added 4 roof infiltration structures to capture all roof runoff from the new structure. -iii) The applicant bas indicated on the plan the"proposed sedimentation and control and limit of work", all of which will be located outside of the 100 ft. buffer to the nearby wetlands and within the non-disturbance zone. iv) Fertilizers ars limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. v) The implementation of the above Best Management Practices will result in an improvement to the overall water quality of the Lake. c) The proposed structure will be connected to the Town sewer and water systems. d) The applicant has provided a complete construction sequence and has noted on the plan the location for de-watering as well as the soil stockpile area. 2) Then; is no reasonable alternative location outside the General, Non-Disturbance, and the Discbarge Zones for my discharge,stmctme or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The spec 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 orpedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding thatthe 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 the 186,370 sq.ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 6-2,and also known as 254 Great Pond Road,North Andover,Massachusetts. 3 254 Great Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Construct Single-Family Residence Decembw21,2010 b) The"Plans"refer to the plans prepared by Christiansen&Sergi,Inc.,dated November 3,2010 and revised to December 12,2010,entitled"Watershed Special Permit Site Plan for 254 Great Pond Road,located in North Andover,MA,prepared for Nancy Leland". c) The"Project"or"254 Great Pond Road"refers to the construction of a 2,793 sq.ft.single family residence with accessory structures,the removal of an existing temis court,installation of stormwater management system,and related grading and landscape work within the 150 foot Non- Disturbance(from the edge of all wetlands resources)and 400 foot Non-Discharge Buffer Zones (from the edge of all wetlands resources)of the Watershed Protection District. d) The"Applicant"refers to Nancy Leland,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. Any changes deemed substantial by the Town Planner would require a Public Hearing and Modification by the Planning Board. 3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. 4) Prior to my work performed on the site and prior to the issuance of a building permit: a) A performance guarantee bond of four thousand dollars($4,000.00)mace out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of my 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous. . free. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 5) Priortorelease 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. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. A - 254 Great Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Construct Singlo-Family Residence December 21,2010 8) 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. 9) This Special Permit approval shall be deemed to have lapsed December 21,2012(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, 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. 10)This decision must be Fled with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed Special Permit Site Plan for 254 Great Pond Road,North Andover,Mass. Prepared for: Nancy Leland 254 Great Pond Road North Andover,MA 01845 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: I"=20' Date: November 3,2010 and revised December 12,2010. Sheets: I cc: Town Engineer , Building Inspector Conservation Administrator John Camey,NAPD Fred McCarthy,NAFD Applicant Engineer _ Assessor's Office File 5 EECEIVED 2010 MAY 13 PM 12; 32 TOP;bt (F Nancy J. Leland NORTH AidUO"T i 254 Great Pond Road MASSACHUSE(T3 North Andover, MA 01845 Tel 4 978-688-4491 May 12,2010 Board of Selectmen Town of North Andover C/O Joyce Bradshaw, Town Clerk 120 Main Street North Andover, MA 01845 Members of the Board, I am the owner of the above referenced property at 254 Great Pond Road, Map 37A Parcel 6 consisting of seven (7) acres, which is currently included in the Classified Recreational Land Program under Massachusetts General Laws Chapter 61B. This land has been in the 61 B program since October 5, 1987,as evidenced by the Board of Assessors tax lien filed at the Northern Essex Registry of Deeds, Book 2603 Page 169 (see attached). It is incumbent upon me as an applicant to notify you of any subsequent circumstances within my control or knowledge which may cause a change in use of the land covered by the program. It is my intent to convert the recreational land in this program to residential land, effectively reducing the recreational land below the minimum five (5)acre requirement, thereby no longer meeting the definition of recreational use. The residential land will be the site of a new primary residence adequate for myself and my husband ,Edmund Leland., who at 85 years of age requires increasing assistance with daily tasks and mobility, and at times 24 hour nursing care. It is our intention to remain in the existing primary residence until the new primary residence is completed. We currently do not have any plans to sell any of the land or structures located at the above referenced property. I understand that by notifying you of this intended conversion not involving a sale, the Town of North Andover has an option to purchase the land at full and fair market value, or to assign this option, which is to be determined by an impartial appraisal hired at the expense of the town or its assignee. The original appraisal shall be completed and delivered to me within thirty (30) days after this notice of conversion. I also understand that T the Town of North Andover elects not to exercise its option, and not to assign its right to exercise the option, the town shall send me via certified mail written notice of nonexercise signed by the Board of Selectmen. Said written notice shall be recorded at the Northern Essex Registry of Deeds. I await your timely response to this communication. Respectfully. Cy Nnncy Attachments: FY 2008 Assessors Property Maps, Map 37A, Map 37C Certified copy of Recreational Land Tax Lien Notarized Affidavit of Delivery Copies mailed to: :forth Andover Board of Assessors North Andover Planning Board North Andover Conservation Commission Commissioner,Department of Conservation and Recreation AFFIDAVIT OF MAILING I am over the age of eighteen years, and, on May 12,2010, 1 mailed the notice of intent to convert, a copy of which is attached, to the addressee set forth below, by depositing a copy enclosed in a postpaid wrapper, in an official depository under the exclusive care and custody of the Lnited States Postal Service, in North Andover, MA addressed as follows: &�4 " L Ph baJ (41410 Signa[ure Dated '.fancy Lela (printed) Subscribed and sworn to before me on V-1 vA 11 1010 U r NOTARY PUBLIC. '.ses County, Wssachusens, USA My commission expires �a,ti,a., .zp 1y Sonia Serryo Noiary puhYl CCW .Expli of�1W 14,20Ul Comm.Expbes . 742041 __—_. 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NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in ------.--- the uffce or the-VvNn Cler' —�-� Date: December 21,2010 Date of Hearings: December 14,2010, December 21,2010 - Date of Decision: December 21,2010 Petition of: Nancy Leland,254 Great Pond Road.North Andover,MA 01845 Premises Affected: 254 Great Pond Rd,North Andover,Massachusetts,01845, Assessor's Map 37A, Parcel 6-2 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.bii.(i),4.136.3.c.0 and 10.3. So as to allow the construction of a new, single family residence within the non-discharge zone, with accessory structures within the non-disturbance zone and to remove an existing tennis court within the non-disturbance zone of the Watershed Protection District. After a Public Hearing given on the above date,and upon a motion by R.Rowen and 2°d by C.LaVolpicelo to APPROVE the Special Permit for the Watershed Protection District,as amended and based upon the following conditions.Vote was unanimous in favor ofthe application. Itring Board Simons,Chairman Richard Rowen Timothy Seibert Michael Colantoni Courtney LaVolpicelo V1 , i I{ � q Y(N ment�,� IDI ks0d S� W(B, t r rtlClices will result in an improvement to C -k,10 tactedtotheTownsewerandwatersystems. p �p��anth -J comp1il �cons tion sequence and has noted on the plan the location Z) 7ones for 0 masonable ahertive location outside the General, Non-Disturbance, and the Discharge I„ Y discharge,ft4re or activity. ll' BCIAIdance With Section if.3,of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT; a) The specific site is as 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 Abe neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance orserious hazard to vehicles or pedestrians, d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 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 fmdings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: Road as 370 sq.f,2Pazcel of land with frontage on Great Pond North Tlte"Locus"refers to dre 1)Permit Definitions: and also known as 254 Great Pond Road, a) Parcel 6- , shown on Assessors Map 37A, Andover,Massachusetts. 3 ,254 Great Pond Road Map 37A,Parce162 Watershed Special Permit—(`q n Single-ply Residence . December 21,2010 i) The project calls for a removal of . existing tennis court, resultirr mrPervious area from 7,700 to 6,311: a net reduction of 1,389, improvement of water in an B nn a reduction of entuely within the non-discharge zone.the Lake' All new imperviouswarea willilbe coresmet cted the nondisturbauce Zone. zone. There will be a new lawn_ nshu and iij At the req,,g The aro all roofOf the rinuffmwn's consultant,to applicant added 4 roof infiltratio located in iii from on the new stem aures to w.pplicant hes indicated to the plan the"proposed sedimentation and control and 1' wifi� w� be�lee outside of the 100 R. buffer to the nearby the nondisturbance gone. mut of iv) Ferti ' are which Y wetlands and limited t ti are either or V) The n'ropl enation o cGon will-6e noted on the deed�c or slow-release nitrogen and the ov above Best erall water 9uality of the Lake. Management practices will result in a0 improvement m d) Thea applicant wrll be connected to the Town sewer and water systems. lete for de-watering as well as the soil air, pde fiction sequence and has noted on the plan the to 2) There is no reasonable al cation Zones for any discharge smu no,Oise ti ty outside the General, Non-Disturbance, and the Discharge 10 accordance write Section 10.31 of followiag]r�IDINGS OFm 10.31 the North Andover Zoniug Bylaw; die P a) The s �°°1 g J30-M makes the an erosion controls site have Prolaced on the8site, for the proposed use as all feasible controls to storm water and b) Drsbecct,e will not adversely affect the neighborhood as the lot is l °) There will be ocated is a Residential I Zoning no nuisance or serious hazard to vehicles 01 P d,,i„ sd) A&quate . ) Theplenn gBO�Priate facilities"Provided re pmvidedfor theproper Operation of the proposed use; Upon and intent of the No,also makes a specific gBY ding that the use is ' harmony with the general p hAadoverZo � m P reaching the above u*Poce w. SPECIAL CONDrno1gS,dmgs,the Phuming Board approves this Special Permit based upon the following Permit Definti ions: B a) The"Locus”refers to ap 18A6,' 70 aq. Parcel 6-2,andl Off land kwith nown frontage oa Great Pond Road as shown on Assessors M 37 Andover,Massachusetts. as 254 Great Pond Road,North 3 254 Great Pond Road Map 37A,parcel 6.2 Watershed Special Permit–Construct Single-FaMUY Residence December 21,2010 b) The`Plans"refer to the plans prepared by Christiansen g Sergi,h1c.,dated November 3,2010 and revised to December 12,2010,entitled t'Watershed Special Permit Pond Road,located in North Site Plan for 254 Great Andover,IbfA,prepared for Nancy Leland" The C) residence with aurc`254 rPond a Rom reeleers to the construction of a 2,793 sq.ft.single fanul Gesso removal of an axistin Y slormwater management system,and related B tennis court, installation of Disturbance(from the edge ofall wetlands re�sodum eg Rod la 4O�m N within the 150 foot (tion the edge of all wetlands resources ofthe Dischar e B Non- ) Watershed Protection District, g ufi'er Zones d) The"Applicanr'refers to Nancy Leland,the applicant for the Special Permit. e) ,om fim,m Dwner"refers to the person or entity holdifig 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 chaoges made to these plans. Any changes deemed substantial by the Town Planner would require a public Hearing and Modification by the Planning Board. 3) Fertilizers are limited to those which are either organic or slow This restriction will be noted on the deed. -release nitrogen and phosphorous-free. 4) Prior to any work performed on the site and prior to the issuance of a building permit. a) A performance guarantee bond of fon thousand dollars($4,000.00)made out to the Andover must be posted to insure that the construction, Town of Northerosion control,measures,and performance of any other condition contained herein will take place in accordeum with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) All Planner erosion control measures as shown on the plan must be in place and reviewed by the Town and Conservation Department. C) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- ftee. The appliennt shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner Rod included in the tile. 5) Prior to release ofthe Performance Bond: - - a) The applicant shall submit an as-built plan Massachusetts that shows all construction, incl�udiing sped orm Registered Professional Engineer it pertiment site features. This as-built lam B water mitigation trenches and other applicant must submit a certificationP shell design submitted t the Town Planner for approval. The on the approved plan. from the design engineer that the site was constructed as shown b) The Planning Board must by a majority vote make a finding that the site is in confatmRnce with the approved plan. 6) No open burning shall be done except as is permitted regulations. during burning season under the Fire Department 7) The Contactor shall contact Dig Safe at least 72 hours prior to commencing excavation. 4 254 Great Pond Road Map 37A,Parcel 62 Watershed Special Permit-Construct Single-Family Residence December 21,2010 8) 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. 9) This Special Permit approval shall be deemed to have lapsed December 21,2012(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction bas commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 10)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Watershed Special Permit Site Plan for 254 Great Pond Road North Andover,Mass. -- --Prepared for: Nancy Leland 254 Great Pond Road North Andover,MA 01845 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=20' Date: November 3,2010 and revised December 12,2010. Sheets: 1 cc: Town Engineer Building Inspector Conservation Administrator John Carney,NAPD Fred McCarthy,NAFD Applicant Engineer Assessor's Office File 5 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1484 Bureau of Resource Protection -Wetlands MassDOFH~ber WPA Form 4B - Order of Resource Area .DEP Trenaedion Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cayrrmm A. General Information important:When North Andover filling out farms From: 1.conservation commission on the computer, use only the tab 2 This Issuance is for(check one): key to move your cursor-do not use the return a. ® Order of Resource Area Delineation key. b. ❑ Amended Order of Resource Area Delineation w 3. Applicant Nancy Leland Fmh a.First Name b.Leet Name Note: c.Organization Before 254 Great Pond Road completing this d,Mailing Address form wnsult MA 01845 your local North Andover f Stare g.Zip code conservation e.Gaya wn Commission regarding any q. Property Owner(if different from applicant): municipal bylaw orordinanw. a.First Name b.Leat Name c.organ"bon d.Mailing Address f.State g.Zip Code e.Cgyrrown 5. Project Location: 01845 254 Great Pond Road North Andover b.CilyfT0%M e.Zip Code a.street Address Parcel 6 Ma 37A e.ParoeVLot Number I Assessors MaplPlat Number g2d686m911s -71d098 329s Latitude and Longitude 4Ld686 g.1d098ae (in degrees, minutes, seconds): 7/1110 6. Dates: a.Date ANRAD filed b.Data public Hearing closed a Dale of Imuance 7. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: 7113110 Wetlands Location Plan b.Dare a.l'me 7/19/10 d.Date F The, W AdB4OMerMResource A,ee Detinea,ion'Pepe 1 d wpalomAO mac'rev.13113109 Massachusetts Department of Environmental Protection PmvWed by Malurl 2a2-1464 Bureau of Resource Protection -Wetlands Massl File Number WPA Form 4B — Order of Resource Area eDEPTramaction Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cllyrtown B. Order of Delineation 1. The Conservation Commission has determined the following(check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plans)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): t. ® Bordering Vegetated Wetlands 2. ® Other resource area(s),specifically: a. Bank(Flags Al A5 connecting A5 to B7)and BVW(Flags Cl-C14) b. ® Modified:The boundaries described on the plans) 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. ® Bordering Vegetated Wetlands 2. ❑ Other resource area(s), specifically: a BVW(FlagsB1 B55) e. ❑ Inaccurate: The boundaries described on the referenced plans)and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): i. ❑ Bordering Vegetated Wetlands 2. ® Other resource area(s), specifically: No determination was made on the locations of Bordering Land Sublect to Flooding 3. ❑ The boundaries were determined to be inaccurate because: MA413.Q wdRsl Nee Delineemn-Page 2 d4 xyafnnMp.Uc.m.11R3V3 Massachusetts Department of Environmental Protection PmWdel by MassDEP: 242-1484 Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 46 — Order of Resource Area .DEP Transadlon Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cnyrrmn 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,§40)and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource 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 htto'//www mass cov/deo/about/recion/findvour 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 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 fling 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 dale 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 Departments 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, §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. WPACB,O,Eer W Rewu,m Area OalMetim Pepa3M0 eyekmMb.Coc.m.tYR3N9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1484 Mas-DEP File Number WPA Form 4B — Order of Resource Area Delineation eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, "u Cilyrrmn E. Signatures DaF&q 114 W oflssaanee Please indicate the tuber of members who will sign this form. 1.Number of s tgners Signat , of o tion Co missitmMembera all n Commission Member 40 A Si of Conservatioo0�mbsion em er Sig ur o Coi� a ation Commission Member �V] \ igffatu Signature of Unsewation Commission Member Signat"iff ConsfKallon Commission Member 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,which expires on unless extended in writing by the issuing authority. This Order is issued to the applicant and the property owner(if different)as follows: 2.❑ By hand delivery on 3.0B certified mail,return receipt requested on ` -7 a.Date a.Dale wpalomN�tlocm.tY13'C9 WPA 40,Ortlerot Reewr�Nea nelineatiom Page 4 W 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Nama only the tab key to move your cursor- Melling Adtlresa do not use the return key. CM1YRown Stale Zip Cade Phone Number Fax Number( .PPplloable) Project Location an Mailing Address - Ciry/rown State Zip Cod. 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Noma Mailing Atltlre% CM1Yrrawn state Zip Code Phone Number Fax Number fd applkabie) 3. DEP File Number: - 242-1464 B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 xsaiaawndm RegwalM 0epdmenlalpcpcn Fm Tenmltlel Fam•Pape 1 N] Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request fora Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see htto://www mass cov/deo/abouttrecion/fiindvour htm). 4. 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. .Pd Mb.4. Raucg la�Mft rel MtFee TenaNU Fon•Pape 2 V2 Town of North Andover d aaRra we ',Office of the Conservation Department Community Development and Services Division 2€190 C( Io Fi; � : 1600 Osgood Street �4Jorth Andover,Massachusetts 01845 'aaAea„aa� Telephone (978)688.9530 Fax(978)688-9542 CONSERVATION COMMISSION PUBLIC HEARING Pursuant to the authority of the Wetlands Protection Act,Massachusetts General Laws Chapter 131,Section 40, as amended,and the North Andover Wetlands Protection Bylaw,the North Andover Conservation Commission will hold a public hearing on: WEDNESDAY,October 27.2010 at 8.00 P.M.in the Town Hall Meeting Room 20 Floor located at 120 Main Street,North Andover,MA 01845. For the filing of a Request for Determination of Applicability by(applicant)Nancy Leland To alter land at: 254 Great Pond Road (Tax Map 36A,Parcel 2)North Andover,MA. For the purpose of the:construction of a single-family dwelling with two-car garage,utility sheds and landscaping all outside of the 100-toot Buffer Tone to Borderin Vegeta ted Wetland Plans are available at the Conservation Office, 1600 Osgood Street,Building 20,Suite 2-36. By: Louis Napoli,Chairman N.A.C.C. APPLICANT INFORMATION: Run once in the Lawrence Eagle Tribune on Tuesday October 19 2010 DELIVER OR FAX THIS LEGAL NOTICE TO THE LAWRENCE EAGLE TRIBUNE BY: Friday,October 15,2010,by noon Applicant(s)must brine Proof of publication of this Legal Ad to the meednY Tribune Fax N 877-927-9400 Legal Ad Billing Info: Wetlands Preservation,Inc. 47 Newton Road - Plaistow.NH 03865 Tel#603.382.3435 BOARD OF APPEALS 688M41 BDLLDING688-9543 CONSERVATION6889530 HEALTH688-9540 PLANNIN0688.9535 NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act The North Andover Wetlands Protection Bylaw In accordance with the Massachusetts General Laws,Chapter 131,Section 40,as amended,and the North Andover Wetlands Protection Bylaw,(Chapter 178),you are hereby notified of the following: The name of the applicant is Nancy Leland Request for determination The applicant has filed a of Applicability with the North Andover (application) Conservation Commission(NACC)for the purposes of construction of a single-family home with two—car garage, utility sheds and landwcoW,descrigtlona p ng, a utside of the 100—foot buffer zone to Bordering Vegetated Wetlands .at 254 Great Pond Road in North Andover, MA. at (site address) The North Andover Conservation Commission will hold a public hearing on WEDNESDAY, Oct. 27, 2010 at 8:00 P.M.at the Town Hall,120 Main (date) Street,2.d Floor Conference Room,North Andover,MA 01845. Copies of the RDA may be examined or obtained for a fee from: (application) (check all boxes that apply): Cl Applicant at 9 Representative at Wetlands Preservation, Inc., 47 Newton Bd. , Plaistow, NH Mon. — Thurs., am — :00 Pia. 603 382-3435 ® Conservation Department, 1600 Osgood Sheet,Building 20,Suite 2-36,North Andover, MA 01845 Monday through Friday, 8:30 a.m.to 4:30 p.m.Please call the Conservation Department at 978.688.9530 beforehand to verify arrangements.Copies may be available for a fee. Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from the Conservation Department at 978.688.9530. NOTE:Notice of the public hearing,including its date,time,and place will be published in the Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing date. NOTE:Notice of the public hearing,including its date,time,and place will be posted in Town hall, 120 Main Sheet,North Andover,MA 01845 at least 48 hours prior to the public hearing date. NOTE: You may also contact the Conservation Department or the Northeast Regional Department of Environmental Protection Office for more information about this application or the MA Wetlands Protection Act.To contact the Northeast Regional Department of Environmental Protection Office,call 617.654.6500. f n ♦ M �es�cwushs CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 254 Great Pond Road, North Andover At the October 27,2010 public heating,the North Andover Conservation Commission(NACC)voted to issue a Negative Determination of Applicability for construction of a single-family home,utilities, driveway,garage,accessory structures,landscaping and associated grading outside the 100-foot Buffer Zone to Bordering Vegetated Wetland (BV W).The closest point of work to the BV W is approximately 100 feet. Erosion control will be installed at the 100-foot Buffer Zone to BV W at its closest point.No work is expected to occur outside of the limits shown on the plan referenced below. Applicant: Nancy Leland 254 Great Pond Road North Andover,MA 01845 Record Documents: Request for Determination of Applicability 254 Great Pond Road North Andover,Massachusetts 01845 Date: October 15,2010 Prepared by:Wetlands Preservation,Inc. 47 Newton Road Plaistow,New Hampshire 03865 Record Plans: Plan of Existing Conditions for 254 Great Pond Road Date: October 14,2010 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Stamped by: Michael J. Sergi,P.L.S.&Philip G. Christiansen,P.E. SPECIAL ONDITIONS- A pre-construction inspection shall be conducted to ensure the proper placement and installation of erosion controls. 1600 Oagood Saint,Budding 20,Suite 2-36,North Andov ,Massachusetts 01845 Phone 978.688.9530 F. 978.688.9542 Web:http://w .wo oflorth=dom.c /Pages/NAndo erMA_Conservafon/index :• Any jurisdictional changes in the submitted plans caused by the applicant or another Board's decision must be submitted to the NACC for approval prior to implementation. 3 All construction debris and waste shall be properly disposed of off site and stockpiled material shall be stored within the erosion controls. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. Post Construction S Upon completion of construction and permanent stabilization of all disturbed soils, the Conservation Department shall be contacted to conduct a final site inspection. ;• The NACC shall be provided with a copy of the as-built plan for the property. 1600 Osgood Street,Budding 20,Suite 2-36,North Andover,Munchusetts 01945 Phone 978.688.9530 Fax 978.688.9542 Web.,http://w tovvofnord v dover.c=/Pages/NAndo MA--Cons tim/index Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer,use Coneemation Commission only the tab key to move To: Applicant Pro your cursor- PertY Owner(if different from applicant): do not use the Nancy Leland return key. Name Name 254 Great Pond Road Y m� Mailing Address Mailing Atldress North Andover MA 01845 Cily/rown State Zip Code r.ay/rOWn -State Zip-Code ew 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plan of Exisitnq Condtions for 254 Great Pond Road October 14, 2010 Tide Date role Date Title nate 2. Date Request Filed: 10/15/10 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): Construction of a single-family home, utilities, driveway, garage, accessory structures, landscaping and associated grading outside the 100-foot Buffer Zone to Bordering Vegetated Wetland(BVW) Project Location: 254 Great Pond Road North Andover Street Address Cnyrrown Map 36A Parcel Assessors MaprPlat Number ParceULot Number vpr«mzaoc•oHemiuWion 0400 W.l -m..1. Py.ras Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation(issued following submittal of Simplified Review AN RAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plants)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3.The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of MunidpalNy Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpfl 2.t '06re InMOnW4pltraelliry.,ev.1rt p�2N6 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 8.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is fled for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act Therefore, said work does not require the fling of a Notice of Intent, subject to the following conditions(if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaVm dm-Drwmtnam„ornppiirebhi -r.v.tarwa Pe 305 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. o, 131, §40 B. Determination (cont.) ❑ 6.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Munkipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 9 by certified mail, return receipt requested on le19VIo Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office(see hftp://www.mass.gov/dep/aboutiregion.findvour.htm)and the property owner(if different from the applicant). 4 Signatures: Dab wyzro,m4.aoc•oa,emnnauon 0 PtpWWay•m.10fl rep4d5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 appropriate Department of Environmental Protection Regional Office(see hfp:/Aw .mass.gov/dep/about'region.findvour.htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate fling fee and Fee Transmittal Form (see 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 Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpalwm2.Eac.oete,mina5on MAppiicatiRy rev.10. Pepe5W5 Massachusetts Department of Environmental Protection - Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): fors on the computer,use Name only the tab key to move your cursor- Melling Address do not use the return key. Cityrtown State Zip Code IAV Phone Number Fax Number(H applicable) Project Location aa,r Meiling Address CiryRawn State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cityrtown State Zip Code Phone Number Fax Number(if appliwble) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 ea.f. 2.aoc•Requecllc,Depatlmenlal PW on Fea T..Wal Fa,n•m.iafl2f Page 1012 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this forth and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see hftp://www-maw.gov/deo/about/region/findvour.htm). 4. 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. xpLan •Pe ft Dw .R Fw T�Fa.-m.16 Pe 202 pORi1, •a.;•• '•o Town of North Andover F Office of the Planning Department _ Community Development and Services Division "'s,r,•ntr' 1600 Osgood Street North Andover,Massachusetts 01845 NOTICE OF DECISION—INSUBSTANTIAL CHANGE Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date of Decision: February 13,2012 Petition of: Nancy Leland,254 Great Pond Road,North Andover,MA 01845 Premises Allotted: 254 Great Pond Rd,North Andover,Massachusetts,01845, Assessor's Map 37A, Parcel 6-2 and located in the Residential 1 Zoning District. HISTORY AND BACKGROUND On November 8, 2010, the applicant Nancy Leland, applied for a Watershed Special Permit for the construction of a single-family home in the Residential 1 Zoning District. On December 21, 2010, the Planning Board unanimously approved the application. On January 18, 2012,the applicant notified the Planning Department of changes to the original site plan and those changes were confirmed on a site visit that took place on January 23,2012. The applicant is proposing to change the grading surrounding the building and the finished grade of the proposed building,as follows: • The elevation grade of the new building will be approximately 2 ft. higher than the original plan. The grade of the area immediately surrounding the building will be changed to allow a gradual slope to the remainder of the site. The grade changes surrounding the building are necessary in order to blend the grade changes with existing topography and to avoid erosion on the site. Some of the grade changes will take place outside of the non-discharge zone, in the non-disturbance zone. • Fieldstone landscaping walls are proposed surrounding the structure to accommodate the grade changes. • Two patio areas will be eliminated and one will be reduced,resulting in a decrease of 420 sq. ft. impervious area from the approved plan. These changes are reflected on the plan dated December 6, 2011, titled Interim Site Plan for 254 Great Pond Road,prepared by Christiansen and Sergi,Inc. FINDINGS OF FACT The proposed changes are deemed to be insubstantial `field changes' that do not alter either the intent or the conditions of the original Special Permit. The changes do not require a vote of the Planning Board. 254 Creat Pond Road Map 37A,Parcel 6-2 Watershed Special Permit—Insubstantial Change February 10,2012 CONDITIONS The changes will be reflected on the final as-built drawings which will be reviewed and approved by the Planning Department. _ udy Tymon,To n Planner 2