HomeMy WebLinkAboutMiscellaneous - 254 GREAT POND ROAD Pia Farm
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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
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Town of North Andover
Abutters Listing
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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
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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
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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 .
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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.
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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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Town of North Andover
Board of Assessors SJ
Ft"Year 2M Pary ,M.,In M Jenua,y 1.Nor)
A
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_ Town ofAndover _
Board of of As Assessors ''''77
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NED . ..
,10RTry
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Town of North Andov
_� •'� °`� 10 DEC 28 PI9 lit 02
Office of the Planning Dep ent
Community Development and Services Division
rq•°,nn°nr,r
ssrry°:� 1600Osgood Street c., �
North Andover,Massachusetts o1845� if.,_ ,U. .
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