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HomeMy WebLinkAboutSMOLAK, STEPHEN ' OE 14ORTH, ` Town of North Andover Office of the Planning Dep CE#VEO Community D ��M.K:S 0FF1'C`7 ty evel ` o ment and Services D p 1V1SlOn Osgood Landing 2006 JUN 26 1600 Osgood Street Lincoln Daley Building#20,Suite 2-36A� North Andover,Massachusetts 0184 2-36TOWN Q Town Planner 5�(��j}� Ng')()VE:} P(978)688-9535 MASSACH E F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: June 22,2006 Date of Hearings: May 30,2006,June 20,2006 Decision date: June 20,2006 Petition of: Stephen Smolak, ' 762 Dale Street North Andover, MA 01845 Premises Affected: 425 Waverly Road,North Andover,MA 01845 Map 22,Parcel 130 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of a 4 unit 8,000 sq. ft. residential building with associated two-carr garages, and associated site improvements and limited grading work and landscaping. located within the R4 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by Alberto Angles, 2"d by Jack Green with language as amended, vote was unanimous 4-0. Signed: cc: Applicant Lincoln Daley, Town er Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments Alberto Angles Jack Green BOARD OF APPEALS 688-9541 BUILDING 688-0545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 5 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit to construct a 4-unit, 8,000 sq. ft. residential building with associated two-car garages, limited grading work and landscaping. The residential building is located on 425 Waverley Road Assessors Map ap 22, Parcel 130 in the Residential 4 (R4)Zoning District. The parcel is comprised of approximately 26,000 sq. ft. with frontage on Waverley Road. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover, MA 01845. The application was filed with the Planning Board on May 8, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed 4-unit residential building, as the proposal will dramatically improve the quality and appearance of the dilapidated pre-existing structure on the property. 2) The proposal will be constructed in the same location of the pre-existing building utilizing a larger footprint. The new structure will remedy many of the safety concerns and structural problems involving the pre-existing building. Further, the proposal reduces the number of dwelling units on the property from 5 units to 4 units. 3) The use as proposed will not adversely affect the neighborhood as a sufficient buffer and landscaping has been provided along the perimeter of the site. The landscaping has been placed so as to enhance the appearance along the frontage of Waverley Road and the abutting properties. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project. 4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site. The number of vehicle trips from this site will be negligible. Given the scope and size of the project, there will be no significant increase in the amount of traffic entering/leaving the site on to Waverley Road. 5) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The landscape plan enhances the appearance of the property and improves the overall character of the area. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new 4-unit residential building will be serviced by town water and sewer. 8 On November 12 2002 the ZBAanted a Special gr` p Permit for relief from Section 4, Page 2 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit Paragraph 4.122(14) and Table 1 to allow for the structure to be used as a four family dwelling unit. 9) On March 9, 2004, the Board granted a Special Permit from Section 9, Paragraphs 9.1 and 9.2, and Section 4, Paragraph 4.122 of the Zoning Bylaw in order to extend the footprint of the previously granted Special Permit for a 4-unit structure with the following conditions. 10)On September 21, 2004, the Board granted a Special Permit to modify the approved Special Permit(3/9/04) to allow the existing structure on the site to be razed and replaced in the same footprint with a new two-unit structure and previously approved attached 2-unit structure. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The"Locus"refers to the 26,000 sq. ft. parcel of land with land fronting on Waverley as shown on Assessors Map 22, Lot 130, and also known as 425 Waverley Road, North Andover, Massachusetts. ii) The "Plans"refer to the plans prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 dated 11/17/04,Revised 3/21/05, 5/10/05, 6/8/06, entitled"Site Plan Located in North Andover Prepared For Stephen Smolak North Andover, MA 01845" Charles Hope Co., LLP, 370 Great Pond Road,North Andover, Massachusetts 01845" and consisting of sheets 1 through 9. iii) The"Project"or"425 Waverley Road"refers to the construction of a 8,000 s.f., 4-unit residential building, 8 parking spaces, limited grading work and landscaping. iv) The"Applicant"refers to Stephen Smolak, the applicant for the Special Permit. v) 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. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the PlanningBoard designated gn ed official. Page 3 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewedd by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees and Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. Page 4 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. H) A bond in the amount of five thousand dollars ($5,000.00) shall beosted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt,wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 14 p 8 Section 26. Page 5 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit B) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board; to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. C) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. D) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the Planning Department. 9) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Page 6 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit E) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. F) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. G) No underground fuel storage shall be installed except as may be allowed by Town Regulations. H) 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. I) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. J) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. K) This Special Permit approval shall be deemed to have lapsed two years after the May 30, 2006 granting of this special permit, 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 or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. L) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Permit Plan Located in North Andover,Massachusetts Prepared for: Stephen Smolak 762 Dale Street North Andover,MA 01 845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: "_ 1 40 Date: 10/05/03, Revised 09/24/04 Sheets: Sheet 1 of 1 Site Plan dated 11/17/04,Revised 6/8/06, Sheets 1 —9 2) Report titled: Drainage Analysis for 425 Waverly Road in North Andover,Massachusetts Prepared for: Stephen Smolak 762 Dale Street Page 7 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: 10/05/03,Revised 09/24/04 Sheets: Sheet 1 of 1 Site Plan dated 11/17/04,Revised 6/8/06, 1 —9 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File C= 3zm C" 30.Ct C— x rN <rty C �:O rn =max -1< rq -�t 4� Page 8 of 8 4 g,40R7ty q Town of North Andover Office of the Planning Depa"� *4 CEIVED r 17, Community Development and Services'Division ' 1 : Osgood Landing 2006 JUN 26 AM 10: 49 1600 Osgood Street Lincoln Daley Building#20,Suite 2-36 1'0 k a, 0 F, Town Planner North Andover,Massachusetts 01845 ORTH ,400%1> � P(978)688-9535 ASSAC US E-11- F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: June 22,2006 Date of Hearings: May 30,2006,June 20,2006 Decision doe: June 20,2006 Petition of: Stephen Smolak, a 762 Dale Street North Andover, MA 01845 Premises Affected: 425 Waverly Road,North Andover,MA 01845 Map 22, Parcel 130 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 8.3, 10.3 1, of the North Andover Zoning Bylaw for a Site Plan Review Special Permit so as to allow for the construction of a 4 unit 8,000 sq. ft. residential building with associated two-car garages, and associated site improvements and limited grading work and landscaping. located within the R-4 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit, upon a motion made by Alberto Angles, 2°d by Jack Green with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, Town AAnner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chair Town Departments Alberto Angles Jack Green BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 5 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit to construct a 4-unit, 8,000 sq. ft. residential building with associated two-car garages, limited grading work and landscaping. The residential building is located on 425 Waverley Road,Assessor's Map 22, Parcel 130 in the Residential 4 (R4)Zoning District. The parcel is comprised of approximately 26,000 sq. ft. with frontage on Waverley Road. This Special Permit was requested by Stephen Smolak, 762 Dale Street,North Andover, MA 01845. The application was filed with the Planning Board on May 8, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed 4-unit residential building, as the proposal will dramatically improve the quality and appearance of the dilapidated pre-existing structure on the property. 2) The proposal will be constructed in the same location of the pre-existing building utilizing a larger footprint. The new structure will remedy many of the safety concerns and structural problems involving the pre-existing building. Further, the proposal reduces the number of dwelling units on the property from 5 units to 4 units. 3) The use as proposed will not adversely affect the neighborhood as a sufficient buffer and landscaping has been provided along the perimeter of the site. The landscaping has been placed so as to enhance the appearance along the frontage of Waverley Road and the abutting properties. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project. 4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site. The number of vehicle trips from this site will be negligible. Given the scope and size of the project, there will be no significant increase in the amount of traffic entering/leaving the site on to Waverley Road. 5) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The landscape plan enhances the appearance of the property and improves the overall character of the area. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new 4-unit residential building will be serviced by town water and sewer. 8) On November 12, 2002, the ZBA granted a Special Permit for relief from Section 4, I Page 2 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit Paragraph 4.122(14) and Table 1 to allow for the structure to be used as a four family dwelling unit. 9) On March 9, 2004, the Board granted a Special Permit from Section 9, Paragraphs 9.1 and 9.2, and Section 4, Paragraph 4.122 of the Zoning Bylaw in order to extend the footprint of the previously granted Special Permit for a 4-unit structure with the following conditions. 10)On September 21, 2004, the Board granted a Special Permit to modify the approved Special Permit (3/9/04) to allow the existing structure on the site to be razed and replaced in the same footprint with a new two-unit structure and previously approved attached 2-unit structure. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The"Locus"refers to the 26,000 sq. ft. parcel of land with land fronting on Waverley as shown on Assessors Map 22, Lot 130, and also known as 425 Waverley Road,North Andover, Massachusetts. ii) The "Plans"refer to the plans prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 dated 11/17/04, Revised 3/21/05, 5/10/05, 6/8/06, entitled"Site Plan Located in North Andover Prepared For Stephen Smolak North Andover, MA 01845" Charles Hope Co., LLP, 370 Great Pond Road,North Andover, Massachusetts 01845" and consisting of sheets 1 through 9. iii) The"Project" or"425 Waverley Road"refers to the construction of a 8,000 s.f., 4-unit residential building, 8 parking spaces, limited grading work and landscaping. iv) The"Applicant"refers to Stephen Smolak, the applicant for the Special Permit. v) 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. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. Page 3 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees and Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. Page 4 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit G) A site opening/erosion control bond shall be in the total amount of five thousand dollars ($5,000) for the purpose of covering any contingencies that might affect the public welfare such as site opening, clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable to the Town of North Andover escrow account. H) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. Page 5 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit B) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board; to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. C) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. D) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the Planning Department. 9) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. C) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. D) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Page 6 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit E) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8.00 a.m. and 5:00 p.m. on Saturday. F) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. G) No underground fuel storage shall be installed except as may be allowed by Town Regulations. H) 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. I) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. J) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. K) This Special Permit approval shall be deemed to have lapsed two years after the May 30, 2006 granting of this special permit, 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 or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. L) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: I) Plan titled: Site Permit Plan Located in North Andover,Massachusetts Prepared for: Stephen Smolak 762 Dale Street North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Sf)= Scale: 1 401 Date: 10/05/03, Revised 09/24/04 Sheets: Sheet 1 of 1 Site Plan dated 11/17/04,Revised 6/8/06, Sheets 1 —9 2) Report titled: Drainage Analysis for 425 Waverly Road in North Andover,Massachusetts en Prepared for: Stephen Smolak p p 762 Dale Street Page 7 of 8 Stephen Smolak 425 Waverley Road,Map 22 Parcel 130 Site Plan Special Permit North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: 10/05/03, Revised 09/24/04 Sheets: Sheet 1 of 1 Site Plan dated 11/17/04,Revised 6/8/06, 1 —9 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File --� X= t Page 8 of 8 W RECEIVED See Section 8.3 of the North Andover bonirV fVmwbon' for more dewed InfafiNAM T M 1: 0 0 TC 1'Town of North Andover PlanningBoard NOS r'NO 3t LL, .�K.-'a _ i�j S- s.?Si;: •i...."i`::f,_^+� - Aair S A�Ad;US, Please type or print clearly: 1. Petitioner•• S+t Pti'1�rz vYsn . Address: K2 i, t 5 Telephone Number: 01-4,%- 6$5-IkAk141 2. Owners of the Land:—114me_ Address• Telephone Number. Number of years ownership: C4j=12nibS : If applicant knot the owner,please state interest in property:_ NIA 3. Request far a Special Permit ander Section %.?I of the North Andover Zoning Bylaw to 0 k3 'Sjpo" 'lyV� BRNde~ Aftra%,A l r y- • i 4. Location of Property, •? Lk 7.5 )4Ay*r-` Zoning District: t2. Assessors Map: ' Lot# 134b Registry of Deeds: Soak M Page# 5. Existing Lot: Lot Area(Sq.Ft): 2-.-(v CM Building Helght: 3SF r. Street Frontage; fit, Side Setbacks: Z-'.5 t #. Font Setback: ISA }. Rear Setback: 31 a d f t a Floor Area Ration: -- !4JAr Lot Coverage: M/A 6. Proposed Lot(d applicable): S+aww., Lot Area(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 7. Required Lot(as required by Zoning Bylaw); Lot Area(Sq.Ft.)t 12,900 Building Helght: TS Street Frontage: (� Side'Setback: Front Setback: 30 hear Setback: Floor Area.Ratio: Nl& Lot Coverage: & Existing Building(if applicable : Ground Floor(Sq.Ft.}� #of Floors 2'1Z Total Sq.Ft.; 4$10+- Height: Use: 5 Type of Construction: W644,fttee, 9. Proposed Building: Ground Flour(Sq.Ft Sfi"-AgW&V► #of Floors Total Sq Ft.; CSAR Height: Ic35' Use: LA Whi T$Si iA Type of Construction:Sdmcfr+w. 10. Has there been a previous application for Special Permit from the Planning Board on these premises? 1jb If so,when and for ghat type of construction? t4bnLtCirx�wv, 11. Petitioner and Landownersignature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absoh a 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 Mules and Regulations may result in a dismissal by the Planning Board orthis application as incomplete. Petitioner's Signature: Print or type name here: 5*e00P.0 dC; +tCV— Owner's Signature: Print or hpc name hare: 5ift,014%C14 � �n11O'.�v' fie�er�.S at1 C1�+� {�e�seS inc •y�� yy;i�� �;.M.�il -}icy p t widt v- 10MC.� %a i.. VWV twit raw;k S -Prayer v. JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN LIANNE CRISTALDI JOHN G. LAMB (MA) MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN P. EHRAMJIAN DENISE A. BROGNA(MA,CA) KAREN L. BUSSELL MARISSA A. WILKIN (MA) April 18, 2006 HAND DELIVERY North Andover Planning Board c/o Lincoln Daley, Town Planner 400 Osgood Street North Andover, MA 01845 Re: Applicant: Stephen Smolack Property: 425 Waverly Road Request for Waiver of Site Plan Review, North Andover Zoning By-Law Section 8.3.2(c) Dear Planning Board: I represent Stephen Smolack, the owner of the above-referenced property located at 425 Waverly Road, North Andover. Mr. Smolack recently purchased the property and is currently in the process of reconstructing the pre-existing, four- unit residential dwelling and renovating same as a three unit residential dwelling, in accordance with, a Special Permit issued by the North Andover Zoning Board of Appeals on March 11, 2004; Permit to Raze dated September 28, 2005; and Permit for Excavation and Foundation dated September 28, 2005. Copies of the ZBA's Special Permit and the Building Inspector's Permit to Raze and Foundation Permit are all attached hereto as Exhibit A. However, the current North Andover Building Inspector issued a Stop Work Order for the property on April 10, 2006, citing North Andover Zoning By-Law Section 8.3.2(a)(ii) and the lack of site plan approval or waiver from the Planning Board. A copy of the Stop Work Order is attached hereto as Exhibit B. F:INew-Docs\Smolack,StephenlPlanning Bd Ltr 0418-06.doc North Andover Planning Board c/o Lincoln Daley, Town Planner April 18, 2006 Page 2 Although Mr. Smolack reserves all rights and defenses (including that such site plan review or waiver is not required), this letter is submitted as his request for waiver of site plan review pursuant to North Andover Zoning By-Law Section 8.3.2(c). In support of this request, it should be noted that neither Mr. Smolack nor his seller appear to have been aware of the applicability of the Zoning By- Law's Site Plan Review provisions to this project. Mr. Smolack purchased the property based on the Zoning Board of Appeals Special Permit, the demolition and foundation permits that had been issued, and the building permits that had been signed by the Town's Building Inspector (to be released pending installation of the approved foundation). A copy of the signed Building Permits are attached hereto as Exhibit C1. I understand the originals are presently retained in the Building Department's file. Finally (and perhaps most importantly) formal site plan review is not necessary in this particular circumstance and a site plan review waiver should be granted for the following reasons: 1. The work is limited to the reconstruction of a pre-existing structure; 2. The pre-existing structure was unsound and in a dilapidated and sub-par condition; 3. Mr. Smolack is reducinp-the number of dwelling units on the property, from four units to three units; 4. Mr. Smolack is dramatically improving the quality and the appearance of the structure on the property; and 5. The work will not have a negative impact on the site, adjacent properties or streets, pedestrian or vehicular traffic, public services or infrastructure, or environmental or unique or historical resources. In fact, the work will be a benefit to the abutting properties and the community's needs, by replacing a rundown four unit building with a modern and attractive three unit dwelling (with a commensurate reduction in traffic and other impacts). A copy of Mr. Smolack's foundation as-built plan is attached hereto as Exhibit D. 1 It should be noted that the permits were issued by the Town's prior Building Inspector and the Stop Work Order was issued by the Town's current Building Inspector,Mr.Brown. F:1New-Docs\Smolack,Stephen\Planning Bd Ur 04-18-06.doc North Andover Planning Board c/o Lincoln Daley, Town Planner April 18, 2006 Page 3 For the reasons noted above and those to be addressed at the Board's consideration of this matter, it is requested that a waiver of site plan review be given for this project pursuant to North Andover Zoning By-Law Section 8.3.2(c). As a public hearing is not required for consideration of this matter, it is requested that this item be placed on the Board's Agenda for its meeting of May 2, 2006. The purpose for requesting this meeting date is that Mr. Smolack's project is currently in a stand-still due to the Stop Work Order, that he innocently and reasonably believed when he purchased the property that all the necessary permits and approvals were in place,and that he is experiencing a financial hardship based on mortgage interest and other costs that are accruing on a daily basis. The Board's consideration in this regard is very much appreciated. Very truly yours, JOHNSON & BORENSTEIN, LLC Donald F. Borenstein DFB/dms Enclosures cc: Stephen Smolack Gerald Brown, Building Inspector Joyce Bradshaw, Town Clerk F:INew-DocslSmolack,StephenlPlanning Bd Ur 04-18-06.doc 3 Town of North And \�__9 (opyover Office of the Zoning Board of Appeals 3$ NORrH "aa commun-ity Development and Services Division Y. 27 Charles Street > North Andover,Massachusetts osetts 01845 o• q� ,Pt..►*a' D. Robert Nicettass+c Building Hus�� Telephone 978)688-9541 Building C®nen�issioner ( F8x( 7g 688-954 This Is to aertl th�t twenty( )daya have elapsed from date of dedelon,Med wilNdut filing of a ape 1. Any appeal shall be filed Notice of DecisionDale; .Ar 4041' within(20)days after the Year 2004 Joye®A.Sri d9haw date of filing of this notice Town Clstk in the office of the Town Clerk. Pro a at: 425 Waverle Road Nom: Charles]Elope Co.,LLP,370 Great Pond Road HEAWNG(S): 11-18-0391-13i,2-109 ADDRESS: 425 Waverle Road &3-9-04 North Andover �ET 1(TTO1V: 2003-040Iv�A 0184YPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its re ting on 7:30 PM upon the application of Charles hope Co.,1LLP,370 Great Bond ar Road, for premise'Djesdays at: 4at 25 Waverley Road,North Andover,MA requesting a Finding from Section 9,Paragraphs 9.1 & 9.2, and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit for a pre-existing non-conforming residential(four family)structure. The said premise affected is property with frontage on the West side of Waved district. The legal notice was published in the Eagle Tribune on November &withiney 2003. zoning The following members were present: Walter F.Soule,Ellen P.McIntyre,Joseph D.I.aGrasse,Joe E. Smith,and Richard J.Byers. Upon a motion by Ellen P..McIntyre and 21d by Richard J.Byers the Board voted to GRANT a Finding from Section 9,Paragraphs 9.1 and 9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw in order to extend the footprint of the previously granted Special Permit 2002-048 for it 4 unit structure per Special Permit Plan located in North Andover MA.,record owner&applicant Charles Rope Co.,LLP. 370 Great Pond Road,North Andover,I1dA.Date: 10/S/03,rev. I O/20/03, 11/11/03 harles, and 3/3/04 by Michael J.Sergi,P.L.S. #33191,Christian'&Sergi, 160 Summer.Street,Haverhill, MA. 01830;Landscape Plan and Details,project:Charles Hope Co:LLP, Waverley Road,Date: 3.5.04 by Christian C.Huntress,Registered Landscape Architect#1178,Huntress Associates, 17 Tewksbury Street,Andover,Massachusetts 01810;and Damarc Design,98-I 1 Main Street,North Andover,MA 01845[drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets GS, 1-4,Dl -D4,and AI—A5 on condition that: 1. The applicant shall install a granite post showing the post Office street addresses. 2. The signage for Waverley Road Condominiums shall conform to Section 6 of the Zoning Bylaw. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. . 5"l Page ] of 2 Ei`1"1':61 -�- < A.True Col33, CJ Town Cl.erl; - Hoard of Appeals 978-688-9541 Building 978-688-9545 Conaervation 978-688-9530 Heahh 978-688-954() Planning 978'6188-9535 Town of North Andover f ItaWry Office of the Zoning Board of Appeals ��:•;:`.. ."g Community Development and Services Division 27 Charles Streeta North Andover, Massachusetts 0184514u 4� �9ss cHus�� D. Robert Nicetta Telephone(978) 688-9541 Building Cbrlimissioner Fax(978) 688-9542 The Board finds that the applicant has satisfied the provisions of Section 9;Paragraphs 9.1 &9.2 and Section 4,Paragraph 4.122 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the 4 unit structure,granted by Special Permit 2002-048, to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall.lapse,and may be re-established only after notice,and a new hearing. Furthermore,if Special Permit granted undertheprovisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2003-040. hG2P130. Page 2 of 2 board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plalming 978...088-9539 U I OWU of NO- th Andover Office f the Zoning Board of Appeals Onlmunity 3evelopment and Services Division Charles w 27 rles Strut v No Andover, Massachusetts L)1&5qe '��`•. �ah D. R06crwa Niel= Tci (978)683-9541 tJrriin�i �r�ny,yr�sslowrr Fax(978)6U-9542 !'14ridificadam to Notice of Dgelsioa Hear 2004 NAME: Curl")Elope Co.,LLP 370(3nott Pond Road25 Waverley Road MoDr1+71CATiAN DATE; 9-21-04 �13B14E35: 425 waverlay Road PE TION: North Aredt>v�,MA 01845 Z TY}ttNG DATE: unbar 23,2004 1110 North Andover Board of Appeals held a public heseng at its regular in the Satior Center, 17AR Main Street,Nord►Andover,MA upon theNhcWcg on Tuesday, opeSepCo.,L 21,2004, 7:30 PM d koad,for anises iu: 425 Waverley Rand,Nath Andover, application ofCharles to ee Hope Co.,LLP,370 Great4dePond granting a Finding torn Section 9 Par ��`,requesting the Board to modify the March 9,2044 decision f previously agraer 9.1 9.2,and Section 4,.Paragraph 4.122 of the Zoning Bylaw to expend the replacn�q the existing sl allowed with A no�P��l a�chm � g non-conforming reaida9tial(A)Ur family)Structure by The following menbers were preseut: Elim P.McIntyre,Jo seph fnllawinq nor!-vaing members►wre , LC esse,Rldtard J.Byers,and Albert P. )IL The Present: Thomag D.rppoiitoRichard M.vgillertcourt,and David X Webster. Upon a motion by Joseph D. LaGrasse tared 2~by Richard J.9YUS,the Board voted to GRANT the appliturlt's request to Modify the Finding 2003040 to allow the*Wsting structure ort tlhe site to be razed and replaced in the sane new two unit structure and previously approved attached 2 unit structure,per Demure Design,98.100 Main Street, �a Andover,MA 01845 (drawings fbr)435 Waverly Road,North Andover.MA 71le Charles Nope Companies,theses lathe A I — A5,Date3-I-04,Revision: 9.1.04. With the following additional condition: 1. The APPile 11t 81111"submit a Mylar ratkedog the new 2 tuft s Voting in filvor: Ellen P.IvlelntyM Joseph D.L* rassa,Richard J.Bt Asad the 2 unit extension.y at.A anradd Ale lbert P. lVlolha,l[l. The Board finds that the modification request Is within the allowed leve® 7 letter from Mkhael R-Fillion,PA#34984,Filllon 0roup,Inc.,71 East S( )Y�modifi g Sharon, A 02 time,d The June finds that the' thst"The existing residence at 423 Waverly Road is vacant and shows obvious signs (weath 467 dated Juoe 9,1004 states Certain slrucasral elements as mentioned above pose a threat ro life and �and dderioration. the Board finds that the applicant has satisfied the provisions of SecUon 9,softy end should be addressers." For law t reasons, change,extension,or alteration shall not be Substantially`more Paragraphs 9.1 g cru of flee oaring Bylaw that such detrimental dun the existing structure to the neighborhood. Town of North Andover Board of Appeals, Ellw P.Mclalym, ; D9CIS110112003.040 Modification, - Enclosure: l�Cision x003.040 rgxxsPl3n, (J.i t� L)0&H of Appola 973-68S-9941 wilding 476.688.9345 Coiucrvation 476di6a•943U ticatth 99ti-Egg-9�4tD Plertning 97A.ligR 953$ TOTAL P.01 t0 ORTm 0 And f over P-1 i o 4 _ LA - Ver ass, COCNICHEWICx .' BOARD OF HEALTH Food/Kitchen x Septic System IT T � /610 & d INSPECTOR CERTIFIES ..... .... .................. ............. ......` .. I3�TII,I.� �'- ..... ... ......... ............. .......:................. ........................ Foundation r, has permission t® p buildings on ....... 5......... ....:....�, ...... ........� Rough ... ....................^�.. to he occupied as. .. . ...1`..a� 7 � ...... PU.44.�.. ........................... chimney provided that the person accepting this permit shad in every respect conform to the terms of the application on file in Final ` this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final . RIM7 E2 ' � ELECTRICAL INSPECTOR U1" NESS CO `� , It � Rough ...... ...... ................ ....... Service BUILDING INSPECTOR Final l77,ILy GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner - Street No. =^ Smoke Det. 6ENERAL bltld_tull9t i�E11I"`l WI I I i.. IInti I 'Al@_ "l I ' ItldS LL.O10 1 F S T ALL LOT l,,0iWbER8, ADlrali tL66, telly PERMi`C(COPY OK)..or no inspections INSPEC TION6: (raisiiiiaeLirrl) t ;+,c av&ikO, i=46itin4Foundation, Frame, Insulation, Final. K)OTINGS. iiraun,ip9i 1"rill I a was 6CA"Wbuou6 arias fooking's for irktorior codLir"n re quaiieud i4 ar'bolts or strata k.y aA pi,00hno r L� iricya�ticiii drain- filter/cover and outlet connection. FlgAME:Firebiws-K- ovea girisiplates between rl()Or joist r rieta'atiorus'for plumbing, hoat,eiac, ale. V,,iafiI3 ,ai ry't it t>trii'ig i . V VirfdbvaO6 corners and center bearing partiitiorr . Si_.v ruga io provide full I)aaring at rafter cuts. Flip and Valley rafters-watch bearing at walls. Ridge&Hip-Provide proper connections, Gathe frai roof rafters provide proper connections and use"Hurricane Clips"tie to plate. Stir stringers-itivatcli c,:uts and heal support. ➢mist ivanW8-fully riailed vvl hanger nails. Sill platcs 2-.;X6('1Rf)Wlsill seal. G'1`4 t�-stslid briU OF st l plate bearing at foundations ;'air space at sides in foundation pockets. Lateral bracing at encu, Oriilieti calculations. rerquired for I arns/LWs Trusses. Solid bearing suppuri fol'Headerslbeams etc. Cir ieadro ern clearances-stairways, under beams kith,ba ss. (ruin. 22x30 vrrl3" headroom above). Cra,wi spare acoess. (rriiri. 'tt x24). &Ah c$haust fares to have metal duct to exterior(not in soffit). Fired:de S/R wood friarrie of T'clearance fireplaces&stoves Window ScheadLiias or E vei,y Habitable Room Must Have: Natural light equal to 8%of floor area. y of required glazing shall be op cable. Bedrooms required min. 2044 egress window or door. Merit attic ipi�ceup jji3 r vent", soffit and required ridge vents. Fii ecode Lis ider stains if ia;ad for storage FIREPL CES: 8aparate permit required. inspecdons at Footing Smoke Chamber-Finish Snirs:+th pargirag, clean joints,b" solid§combust. DECKS: La q W tioU6 , providia flashing. l'iaaik,; rilin. Z"high, Baluster ni ax space 5"ori center. Wi f 8' above 9ra&, use bx6 posts w/lateral bracing. d.a~)all pasts and rails. tier foolinggs dmhiri 4.6', t:cvric;. pad at stair base. i-MISH: F-iandr6fll r ^tamed tc,walllnewail po;�i. t:;iawdraiis required alongside open cellar stairs. i sten&g;gradirig cornp6ue . (::; iti iC dYi or occupancy required prior to occupying structure. Ti;fnporary initis; wquiVed tris`iris fsi;(;titsn. E 16i 1aci�i ip"r fl- $301.60(IBe Ready). 9 rtrfra atia or_�� �aa•i res oylya qS ift tau tur n it RT- 0 10wn Andover No. ® o dower, Dass., .L 6 GOCHIG Ew ICK � SHUS�� P FOR I& as IL M Lf AVAT u r4 A N D r uAp%L Un N D% AT I u,N S IS CERTIFIES THATA ...................................................................... .... . .� . .. .............. IC ...... l& 1.,4 ... has permission to excavate and pour foundation at A� A L l...... ..ft.......... forthe purpose of.... . ... ._ .. .. ..,...0 W �//. ............................. .,.......... ................ .. . .. . .. ..... .............J>....... .. .. ..... .... The person accepting this permit must return to the office of the Building inspector a certified plot pian show of building thereon before foundation will be inspected. a 4) CD VICLATNOW of 1he Zoning or Eu,ilding Regulafions 'Voids this Permit. PERMIT EXPIRE 214 69 MON T S UNLESS CONSTRUCTION STAR71 S REVERSESEE SIDS BTn1. m1 rNSP „ - __ GENL-_FQAI_BU UU_1,a_N0TEa/CHEQKLIST-NOT LIMITIZI-)Tn ITEMS BELOW PUSTALL LOTHU108ERS,ADDRESS, AND PERMIT(COPY OK)..or no inspections INSPE0,TIONS: (Minirnurn) Excavation , Footing, Foundation, Frame, Insulation, Final. FO(ITIIAG'S: (.,Onfinuous Full 2x4 Keyway Gontiraj.ous strip footings for interior co0imns FOUNDA'Flolq: Rebar as required Anchor bolts or straps Damproofing Foundation drain-pipe/stone/fabric filter/cover and outlet connection. FRAME:Firet,sIock- over girts/plates between floor joist Penetrations for plumbing, heat,elec, etc, Walls at stair stringers. Iffindbrace comers and center bearing partitions. Size ridge to provide full bearing at rafter cuffs. flip and Valley rafters-watch bearing at walls. Ridge&Hip-Provide proper connections. Cathedral roof rafters provide proper connections and use"Hurricane Clips"tie to plate. Stair stringers-watch cuts and heal support. Joist hangers-fully nailed wi hanger nails. Sill plates 2-2126(I PT)w/sill seal. G09-solid brick or steel plate bearing at foundations Y2"air space at sides in foundation pockets. Lateral bracing at ends. Certified calculations. required for Beams/L.VL's Trusses. Solid bearing support for Headers/Beams etc. Check headroom clearances-stairways, under beams Affir.Access. (min. 22x311 w/3'headroom above). Crawl space access. (min. 18x24). Bath exhaust fans to have metal duct to exterior(not in soffit). Firecode S/R wood frame of"0"clearance fireplaces&stoves Window Schedule or Every Habitable Room Must Have: Natural light equal to 8%of floor area. %of required glazing shall be openable. Bedrooms required min. 20x24 egress window or door. Vent attic spaces-"proper vent", soffit and required ridge vents. Firecode under stairs it used for storage FIREPLACES: Separate permit required. Inspections at Footing-Smoke Chamber-Finish Smooth parging,clean joints, 8"solid @ combust. Surf. DEGKS. Separate permit required: 1_88 to house, provide flashing. Roils min. 36" high, Baluster max space 5"on center. (Jvor 8'above grade, use 6x6 posts w/lateral bracing. Lagall posts and rails. Pier footings down 48", Conc. pad at stair base. FINISH: Handrails returned to wall/newall post. Guardrails required alongside open cellar stairs. Exterior grading complete. Certificate or occupancy required prior to occupying structure. Teroporaiy Stairs required for inspection. Re­Jnspe,-;1itPn fee-- $30.00(Be Ready). covdinate of ocqbgWic ,.q2XEqguirqd prior to ocfiHp1JyWsfiriecfiuee. R i ww sj LIOWI- :. t•'t 'e '.;� y ... :3:.r.��w;��a:', n ".s.:. th 1. ..: .-„"� G� yn.�' k'F�,r'd fi.` $ �:a-,,. -. r,'S;. c s�.., � ITI �4 i t«tiW®R�6�M,16.r" ani 4"s„z .:'.tY 'C. ,?�t,� ,. ...,.r t ..,:._ `C,.,, c :.t. •.}-r« x*3v,:+ :r.�k_ .},.,-x, «4;z.; k, ,i. � �.�,. :, IA�Hi i EAS:,uiol tion o ��K,a.,• r ala -< alta _ ave-, n:4ott�Yal n t MOO- --aa x ., r•3 ....•4. .,".... a ",-:a, y d zy'�' -u 2 w x e, $iBQ.t O�f tiff alb ..,. .' .To-.. ,Y. .•'u : •. .:�: -#^ t ," ...w , n. ....,... ;.., .�. .._.. 'u h.n.4. ,. ^Y4. ... .. -.Y....... ... >.. 5... L E AAm� ,l N 0" 1 E .. <... _ .x•_ ,...a. ,s'�"5. ^. ,e.- .t.... r 2- � r. .a.-i a. 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IC 1.4 'N y To w, n of An e x� 0 V Nom® 2o 2v 40 ZO LA H.m Cvver, Mass.,, ' HEMCK „®ACOCHICDRATED P`?�` PS BOAPRD OF HE;ITH Food/Kitchen Septic System BUILDING INSPECTOR .. THIS CERTIFIES THAT � l�c.......... ...... .......... .............' ............................................................................................ ........ Foundation �.uWDT , buildings 4A WA,%#*�� has permission to erect.................. g ................................. ...................... ................................. Rough V 0 t R is t el�N+14 1 % N t ` 'r� Chimney tobe occupied as...... ...............................,.................................................... provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. I IM e1 a. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough pvt- aeA top PERMrr EXPIRES IN 6 MONTHS Final UNLESS CONSTRUCTION ST TS ELECTRICAL INSPiCTOR • Rough ..........:...... ...:.. .... ..... Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous -Place on the Premises — Do Not Remove RoughFinal No Lathing or Dry Wall To Be Done FIDE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. ��� REVERSE S,PE Smoke Det. 1DRTH To w- n of Andover LA E dove& ass., o� COCHICHEWICK �D'QATED Cl soft BOARD OF IIEAI.'I'q nil Food/Kitchen r\ Ertiv IT T D Septic System BUILDING INSPECTOR THIS CERTIFIES THAT .`p 1p `�� d A G k ........ ... ... .. ..... ........................................................................ ...................................................... """ Foundation ............ buildings on .....� .....WA Y%t . 4 has permission to erect...�.�'.'..,.......... . ........... Rough 1 a I AA to be occupied as Re�� ! !N...... . .. .......... .. .��.. .... .......................................................... Chimney P provided that the person accepting this permit shall in every respect conform to i e.terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. .2a).3Cd PLUMBING INSPECTOR VIOLAT�IION of the Zoning or Building Regulations Voids this hermit. Rough Bev, ` A PERMIT EXPIRES IN 6MONTHS Final UNLESS CONSTRUCTION TARTS ELECTRICAL INSPECTOR eti b 1.** 3 1 c Rough ,Sr i AO K''�i�° ........ .. . . ................................ ............................................. Service BUILDING INSPECTOR Final cupancy Permit Required t® Oca tpy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done ARE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. �CPRTH o a _ LA E over, ass® �COCMICMEWICK �p�A0R'4TE D �P�\ �C� BOARD OF HEAD I PERIT I min T Food/Kitchen Septic System L t B�TILI�IIa7G INSPECTOR THIS CERTIFIES THAT ®�'•""0 ` . ..................... :®............... .................................................................. "' Foundation pbuildi gs on ......1.. , A 01 L Rough has permission to erect....11.1.l�ke*&1*4�0V t"� '7f........s..... .................................................... led s �®� �~ ® Chimney to be Occup a .....................................................................................:.......................................................................:........... Y provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. e7 at/a PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough ?4h%% 2 P, A u Final A) 4}4,e PERMrF EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR R.V I v UNLESS CONSTRUCTION STARTS Rough .... .....:............................. ....... ....................................... Service BUILDING INSPECTOR Final occupancy Permit Required t® Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises -- Do Not Remove Final No Lathing or Dry Wali To ReDone FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. [=[:ESEE REVERSE SIDE Smoke Det. x 100.00, I I ` ' w 0 27.5' 18.2' N \ by o EXISTING o Ci -FQUNDA VON o TF 69.4' v w t t , 100.00' 20 40 80 ( IN FEET 7 tnah � 40 fit. JOHNSON & BORENSTEIN, LLC Attorneys at Law C E d V E 0 12 Chestnut Street s fi t= « L I (^ Andover,Massachusetts 0 18 10-3 706 2005 APR 20 P1141 0 (978)475-4488 T 0 VP?%f 0 Telecopier: (978)475-6703 1 0P.rf 1 H 8 A CJJU w I MARK B. JOHNSON (MA,NH,DC) Paralesals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN LIANNE CRISTALDI JOHN G. LAMB (MA) MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN P. EHRAMJIAN DENISE A. BROGNA(MA,CA) KAREN L. BUSSELL MARISSA A. WILKIN (MA) April 18, 2006 HAND DELIVERY North Andover Planning Board c/o Lincoln Daley, Town Planner 400 Osgood Street North Andover, MA 01845 Re: Applicant: Stephen Smolack Property: 425 Waverly Road Request for Waiver of Site Plan Review, North Andover Zoning By-Law Section 8.3.2(c) Dear Planning Board: I represent Stephen Smolack, the owner of the above-referenced property located at 425 Waverly Road, North Andover. Mr. Smolack recently purchased the property and is currently in the process of reconstructing the pre-existing, four unit residential dwelling and renovating same as a three unit residential dwelling, in accordance with, a Special Permit issued by the North Andover Zoning Board of Appeals on March 11, 2004; Permit to Raze dated September 28, 2005; and Permit for Excavation and Foundation dated September 28, 2005. Copies of the ZBA's Special Permit and the Building Inspector's Permit to Raze and Foundation Permit are all attached hereto as Exhibit A. However,the current North Andover BuildingIns issued a S Inspector p top Work Order for the property on April 10, 2006, citing North Andover Zoning By-Law Section 8.3.2(a)(ii) and the lack of site plan approval or waiver from the Planning Board. A copy of the Stop Work Order is attached hereto as Exhibit B. i F:INew-DocslSmolack,StephenlPlanning Bd Ur 04-18-06.doo North Andover Planning Board c/o Lincoln Daley, Town Planner April 18, 2006 Page 2 Although Mr. Smolack reserves all rights and defenses (including that such site plan review or waiver is not required), this letter is submitted as his request for waiver of site plan review pursuant to North Andover Zoning By-Law Section 8.3.2(c). In support of this request, it should be noted that neither Mr. Smolack nor his seller appear to have been aware of the applicability of the Zoning By- Law's Site Plan Review provisions to this project. Mr. Smolack purchased the property based on the Zoning Board of Appeals Special Permit, the demolition and foundation permits that had been issued, and the building permits that had been signed by the Town's Building Inspector (to be released pending installation of the approved foundation). A copy of the signed Building Permits are attached hereto as Exhibit C'. I understand the originals are presently retained in the Building Department's file. Finally (and perhaps most importantly) formal site plan review is not necessary in this particular circumstance and a site plan review waiver should be granted for the following reasons: 1. The work is limited to the reconstruction of a pre-existing structure; 2. The pre-existing structure was unsound and in a dilapidated and sub-par condition; 3. Mr. Smolack is reducing the number of dwelling units on the property, from four units to three units; 4. Mr. Smolack is dramatically improving the quality and the appearance of the structure on the property; and 5. The work will not have a negative impact on the site, adjacent properties or streets, pedestrian or vehicular traffic, public services or infrastructure, or environmental or unique or historical resources. In fact, the work will be a benefit to the abutting properties and the community's needs, by replacing a rundown four unit building with a modern and attractive three unit dwelling (with a commensurate reduction in traffic and other impacts). A copy of Mr. Smolack's foundation as-built plan is attached hereto as Exhibit D. 1 It should be noted that the permits were issued by the Town's prior Building Inspector and the Stop Work Order was issued by the Town's current Building Inspector,Mr.Brown. F:\New-Docs\Smolack,Stephen\Planning Bd Ur 04-18-06.doc North Andover Planning Board c/o Lincoln Daley, Town Planner April 18, 2006 Page 3 For the reasons noted above and those to be addressed at the Board's consideration of this matter, it is requested that a waiver of site plan review be given for this project pursuant to North Andover Zoning By-Law Section 8.3.2(c). As a public hearing is not required for consideration of this matter, it is requested that this item be placed on the Board's Agenda for its meeting of May 2, 2006. The purpose for requesting this meeting date is that Mr. Smolack's project is currently in a stand-still due to the Stop Work Order, that he innocently and reasonably believed when he purchased the property that all the necessary permits and approvals were in place, and that he is experiencing a financial hardship based on mortgage interest and other costs that are accruing on a daily basis. The Board's consideration in this regard is very much appreciated. Very truly yours, JOHNSON & BORENSTEIN, LLC Donald F. Borenstein DFB/dms Enclosures cc: Stephen Smolack Gerald Brown, Building XYC Bradshaw, Town Clerk F:1New-Docs\Smolack,Stephen\Planning Bd Ur 04-18-06.doc Town of North Andover Office of the .Zoning Board of Appeals }� •`'No�rN'. o Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 �',�°"•..:•:%*pis D. Robert Nicetta CHus� Telephone(978)688-9541 13rrilding Camanissioner F"604,V )688-954 This is to ae ► tat tutrehl�y A days have elapsed'kom date of dedelon,hied wiltidul fllidg of a ,ap Any appeal shall be filed Notice of Decisioll Date,07 CA I, within(20)days ager the Year 2004 Joyc®A'Oriadehavu date of filing of this notice Town Clork in the office of the Town,Clerk. Pro a at: 425 Waverle Road NAME: Charles.Hope Co.,LLP,370 Great Pond Road HEAItIIVG(�; 11_Yg-03,1_1 ,2-10q ADDRESS: 425 Waverle Road 3-9-04 North Andover,MA 01845 PETI'I'ION: 2003-040 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its re 7:30 PM upon the application of Charles Hope CO.,LLP,370 Great Pond Ro dg for premisyess at: 425 Waverley Road,North Andover,MA requesting a Finding from Section 9,Paragraphs 9.1 & 9.2, and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit for a pre-existing non-conforming.residential(four family)structure.The said premise affected is property with frontage on the West side of Waverley within the R-4 zoning district. The legal notice was published in the EagleTribune ribune on November 3& 10,2003. The following members were present: Walter F.Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J Byers. Upon a motion by Ellen P..McIntyre and 2°d by Richard J.Byers the Board voted to GRANT a Finding from Section 9,Paragraphs 9.1 and 9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw in oxder to extend the footprint of the previously granted Special permit 2002-048 for a 4 unit structure per Special Permit Plan located in North Andover MA.,record owner&applicant Charles Hope Co.,LLP. 370 Great Pond Road,North Andover,MA,Date: 10/5/03,rev. 10/20/03 11/11/03 and 3/3/04 by Michael J. Sergi,P.L.S. #33191,Christian'&Sergi, 160 Summer S , treet,Haverhill, MA. 01830;Landscape Plan and Details,project:Charles Hope Co.LLP, Waverley Road,Date: 3.5.04 by Christian C.Huntress,Registered Landscape Architect#1178,Huntress Associates, l7 Tewksbury Street,Andover,Massachusetts 01810;and Damarc Design,98-I 1 Malin Street,North Andover, MA 01845 [drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets GS, 1-4,D1 -D4,and Al—A5 on condition that: 1. The applicant shall install a granite post showing the post Office street addresses. 2. The signage for Waverley Road Condominiums shall conform to Section 6 of the Zoning Bylaw. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse, Joe E. Smith,and Richard J.Byers. . ATTEST Page ] of 2 A.True col)3, - Town Cleri;. _ i Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9544 Planning 978=688-9535 Town of North Andover aOWYy Office of the Zoning Board of Appeals ®$O,�;�.� q� Community Development and Services Division q 27 Ch � axles Street • r North Andover, Massachusetts 01845 $.0 us D. Robert hlicetta Telephone(978) 688-9541 Building Commissioner Fax(378)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9;Paragraphs 9.1 &9.2 and Section 4,Paragraph 4.122 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the 4 unit structure,granted by Special Permit 2002-048, to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall.lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under-the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soul®,Vice Chu' an Decision 2003-040. M22P130. Page 2 of 2 Bcjatd of Appeals 978-688-9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-95.10 Planning 97&-688-9933 "Own of North Andover Office iff the Zoning Board of AppealsCOMM Unity 3evelopment and Services Divis, 27 ChaW Strut Ion frlort:b Andover,Mossachusetts t)l D. Roieri Nicem del Building Commissioner (971)689.9541 Fax(978)698-9342 Mfidificadem to Notice of Dgeisioa Fear 2*04 P at" 42S Waworky Road SAME: rlas Hope Co.,LLP 370 Great Pored Road IMoDI117CATION DATE; 9-21-04 ADDRESS: 423 Waveria Atdud PETITtOIY• Aldtrth AnRM,IedA 01843 2 TYPING DA'Z'E: anber 23,2004 I The North Andover BOW of Appeals held a public hearing at its regular meeting e r in the Senior Center, 1208 Main Street,NI Andover,MA upon the may,September 21,2004,at 7:30 PM koad,forlxenise at: 423 Ws WILY Road,North Andover applicadin atCharles I4opf;Co.,UP,370 Great Pond kiting a Finding tom Section 9 Par 'MA'requesting ore Board to modify the March 9,2004 decision t Piousl y agraphs 9.1 &9.2,end Section 4,Paragraph 4.122 of the Zoning Bylaw to emend the repiacaig the exi allowed Special Permit Lora pre-exit;ting non-ronfoetning residential(four 611011Y)srructtQe by 8 with a new structure. The following members were present: Ellen P.Mcintyre,J following note-using members weret�ettt; 791 ° ®.Le4rasse,Richard J.Byers,and Albert P.Manzi,ill. The >x crus D.Ippolito,Richard M-Vailitncoutt,and David R_Webster, Upon a motion by Joumb D. LaGrose and 2"by Achard J.Byers,the Board vow to avRM�dee lice n s r mOdifY the Finding 2003-040 to allow the ea;isdng a oh the site to be razed and replaced ut oro�e least ro new two unit strumae and previously approvod attached 2 unit strvctrrre,Per Desi footprint wit a Andover,MA o 1845 (drawings fix)423 Waverly R Design,99.100 Mair,Street,North A5,Bate 3-I-04,Revision:9-1.04. Y °�'North Andover.MA The Charles Hope Companies,sheets Pdrttd A t— With the following additiorml coiI l• T'ilhe ePPptaat aced soba lit a Mylor reflecting the clew 2 udt structure and the 2 omit exteeslon. Voting in favor: Ellen P.Mclntyre,Joseph D.LaGrassa,Richard J.Byers,and Albert P.Mria, III. Ile Board finds that the modification request is Within the allowed seven 7 letter from Michael R.Fillion,P.E.#34984,Fitlion Oroup,Inc.,71 East Street,Y Sharon ification time. 7�he Board Ends dent the that"The existing residence at 425 Waverly Road is va Z and she"obvious signs ofwgth®,tring 067 dated june 9,p Rues ...Certain structural elements as mentioned above pose a threat to life and the Road finds that the applicant has gads5ed theont �i+�Y and should be addressed,". For those reasons, change,extension,or alteration shall not bt$ubstaretiall ,nye of 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw that such Y detrimental dun the existing structure to the neighborhood. Town ofNorth Andover Board of Appeals, r Ellet P.McIntyre, Decision2003.040 Modidlcation, - - Enclosure: Decision 2003.440 > 4� BOSH Of Appeals 071-663.9341 Building 979488.9343 Conkrvotion 978.f,88.9970 14"Ith 979-689-9940 Planning 978.692.9535 - TOTRL P.01 �O TH ulwn Of.<a JL pF F Anduv_ �,- No. 14 Joe . = over, ass® LA A-� cocHICHEW JCX .x! a BOARD OF HEALTH Food/Kitchen rxr r` s' Septic System DING INSPECTOR THIS CERTIFIES THAT * a CO . Founds on P r LALY has permission to ....... buildings on .. R Rough to be occupied as................. .. . . .. ....�. ......... .. .. . ... i� Chimney . . . . . . . ............. .............................................................. provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final IN 6 M0_Nt\JTHS ELECTRICAL INSPECTOR Rough S ...... ....... .. ...... ....... ervice BUILDING INSPECTOR Final Ocaipancy FE—rm t e quireo o Qca,� y �i� L� ri GAS INSPECTOR Display i Conspicuouslace o t Premises Remove Rough Final No Lathing r Dry Wall To Be Done FIRE DEPARTMENT Until Inspected r v the BuildingInspector. Burner Y. Street No. i Smoke Det. GENERAL BIAWl It I_LIMI`I ELS TQ ITEMS BELOW ' POST.ALL LOT NUMBERS,,A.I DRE , AND PERMIT(COPY OK)..or no inspections INSPECTIONS: (Mirnirrnranyl) &cavatiori ,Footings, Foundation, France, Insulation, Final. FOOTINGS: Continuous Full&-4 Keyway Continuous strip footings for irntedor columns FOUNDATION: 1=€ebw as required Anchor bolts or straps D rraproofing Foundation drain-pipe/stone/fabric Ater/cover and cutlet connection. FRAME:Fireblock-over girts/plates between floor joist Penetrations for plumbing, Feat, egec, etc. V%Mals at stair strinwz. Windbrace corners and center bearings partitions. Size ridge to provide full bearing at rafter cuts. Flip and Valley rafters-watch gearing at walls. Ridge&Flip-Provide proper connections. Cathedral roof rafters provide proper connections and use"Hurricane Clips"tie to plate. Stair stringers-watch cuts and meal support. Joist mangers-fully nagged w/hanger nails. SIN plates 2"2X6("l PT)isill seal twirls-solid brick of steel plate bearings at foundations air space at sides in foundation pockets. Lateral bracing at ends. ::eatiried calculations. required for Kearns/LVL's Trusses. Solid boarirng support for Pleaders/Bearn°ns etc. 0._ie-ck;headroorn clearances-stairways, under beams Ahic kxes8. (aeriirn.2160 wv/3`headroom above). Crawl space access. (ruin. 18x24). Bath exhaust fans to have metal duct to exterior(not in soffit). Fhecode S/R wood frac ne of"0"clearance:fireplaces&stoves Window SGhaduI6 or Every Habitable Room Must Have: Natural light equal to 8%of floor area. of required glazing shall be openable. Bedrooms required train. 2Ox24 egress window or door. Vent attio spaces-'proper vent", soffit and required ridge vents. Firecode under stairs it used for storage FIREPLACES: Separate permit rw.jugred. inspections at Footing_,Smoke Chamber-Finnish &nooth parginga, clean joints,8"solid @ combust. DECKS: Lag to hoarse, provide flashing. Rails ruin. 36high, Baluster iter max space S"on center. twat 8' above grade, use bx6 posts wr/lateral bracing. Lag Mi pasts and rails. Pier footings down 48", Conc. pad at stair base. FINISH: Harnrlraiis returned to wall/newali past. Guardrails required alongside open cellar stairs. Exterior grading con, plete. Gertific9zate or occupancy required prior to occupying structure. Temporary Stains mquired for inspection. Re-inspection fee- $30.00(Be Ready). Certificate of.oa�;a.a d occu a nraK €ruc'ture. v„ lown -0 Andover No. . �_ __ I 0 ®ver, ass., ' s COCHICMEWIC i4 SAC US� E X C AV AT Orkl AND ruur4DATION THIS CERTIFIES THAT .....5 . .. .. ... ,... . . .. ........ . .. . ....... .................... ..................................... ....... Ar WAlk Of has permission to excavate and pour foundation at .............................................................I.................................. Vow for the purpose of........,. .......®. ....... /..... .. ..........M................... ......,........................ The person accepting this permit must� P..Ot.!k. return to the office of the wilding Inspector a certified plot pian show of building thereon before Foundation will be inspected. &J ) VIOLATION of the Zoning or Building Regulations Voids this permit. PERIMIT EXPIRES Y 6 M 0-;'-NTT S UNLESS CONSTRUCTION STARTS s �.��u.Jt i,.. ..1,,,i. ., risk, 'n_ 1_ tee" f " S �.�. �.� for srW. S AM BUILDING INSPECTOR GENERAL BUILDING NOTES/CHECKLIST-NOT LIMITED TO ITEMS BELOW POST ALL LOT NUMBERS,ADDRESS, AND PERMIT(COPY OK)..or no inspections INSPECTIONS: (Minimum) Excavation , Footing, Foundation, Frame, Insulation, Final FOOTINGS: Continuous Full 2x4 Keyway Continuous strip footings for interior columns FOUNDATION: Rebar as required Anchor bolts or straps Damproofing Foundation drain-pipe/stone/fabric filter/cover and outlet connection. FRAME:Fireblock- over girts/plates between floor joist Penetrations for plumbing, heat,eiec, etc. Walls at stair stringers. ars/indbrace corners and center bearing partitions. Size ridge to provide full bearing at rafter cuts. Z Hip and Valley rafters-watch bearing at walls. Ridge&Hip-Provide proper connections. Cathedral roof rafters provide proper connections and use"Hurricane Clips"tie to plate. i Stair stringers-watch cuts and heal support. ,Joist hangers-fully nailed w/hanger nails. Sill plates 2-2X6(1 PT)w/sill seal. Girts-solid bricks or steel plate bearing at foundations Y"air space at sides in foundation pockets. Lateral bracing at ends. Certified calculations. required for Beams/LVL's Trr:sses. Solid bearing support for Headers/Beams etc. Check headroom clearances-stairways, under beams Attic Access. (rain. 22x30 w/3'headroom above). Crawl space access. (min. 18x24). " Bath exhaust fans to have metal duct to exterior(not in soffit). Firecode S/R wood frame of"0"clearance fireplaces&stoves Window Schedule or Every Habitable Room Dust Have: Natural light equal to 8%of floor area. of required glazing shall be openable. Bedrooms required min.20x24 egress window or door. Vent attic spaces-"proper vent", soffit and required ridge vents. Firecode under stairs if used for storage FIREPLACES: Separate permit required. Inspections at Footing-Smoke Chamber-Finish Smooth parging,clean joints, 8"solid @ combust. Surf. DECKS: Separate permit required: Lag to house, provide flashing. Rails min. 36" high, Baluster max space 5"on center. Over 8' above grade, use 6x6 posts w/lateral bracing. Lag all posts and rails. Fier footings down 48", Cone. pad at stair base. FINISH: Handrails returned to wall/newall post. Guardrails required alongside open cellar stairs. Exterior grading complete. Certificate or occupancy required prior to occupying structure. Temporary Stairs required for inspection. Fee-inspection fee- $30.00(Be Ready). \ ' r y , \ ve \'`• U� 4�, \ } 1. 11LE , p g , ... :., ., ..,, 'P- ,: ,.x.i., ,.,. .:....-. .,: k i -.f•..,, `e f:,s < ...,„... ,,,..: a.x k.:A. .s.,.,.., _vw 5 -.., 1-. -r .... _...... ......:. :.,: ,.r ._�. ,a"r €'. tom.. _. rn x-. ... .., (.{., m-Sari - -,. t ' x5 S t? t Y � ap l,c .w:�'+- r fi g, IBM', {w ..,.,.. 'l ' ':'W, 3. ,�.. ..: 0®OI �,.nx�..r.:-sta„�,« E:: �6! •• �,* ,.:..n, ,,.. ,:� :� 1N ..R h...�,�a '� ,Yk= �Y. S� .N din.:;.: ! ,.r.. i..,. • r rapt ®, _,IT � corae� i � e P p 1 .. .- h.C'., e.t.",t.,.r .. ,: .. .u,. ,... 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THIS CERTIFIES THAT ................................................................................ ....... Foundation AT WA has permission to erect............. .... ....... ... . g ... .... Rough VN4­�. .. buildin s on .... ............._.. to*�� QA .................................. t �'0 41 �► �► Chimney tobe occupied as...... ............�.................. ......................................:.. ....y..................................................................... y provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. A % PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PE T E 16 MONTHS SUNLFinal �1 V ESS C N S ®NST Tc ;LE cTRICAIINSPECTOR Rough e % IV.* NNW Service ............................ ...... . .....................................A..........i_."` . BUILDING INSPECTOR 1, Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove Rough.Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and roved the BuildingInspector.P PP Burner Street No. SEE REVE' RSE SIDE Smoke Det. ®RTH Town of Andover __ l A E ®ver' Mass., C OC RICHE W ICK �°"'�AT'Ev BOARD OF HEALTH PF= RMI I T Food/Kitchen Septic System THIS CERTIFIES THAT........ bp� � '� � BUILDING INSPECTOR Aa.e...... .............................. ................••�................... .�..................................... Foundation . a+ has permission to erect......................... ............. buildings on ..... ...... ...................................... ................................ Rough Chimney to be occupied as...................C , `t ........ .. ................. '� . . '6 . ... . y provided that the person accepting this permit shall in every respect conform to the.terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. CQ a2 PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough EXPIRESPERMIT IN 6 MONTHS Final LESS CONSTRUCTI6.ON T TS ELECTRICAL INSPECTOR ;k C Y 0 06 S Rough ......................i............................................. Service BUILDING INSPECTOR Final Occupancy Permit Required t® Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Fins No Lathing or Dry Udall To Be�Done FIRE DEPARTMENT Until Inspected and (Approved by the Building Inspector® Burner Street No. ==SEE REVERSE SIDE . smoke Det. FORTH Town of Andover No. C OC HI C HE ICK EMIL BOARD OF HEALTH R U Food/Kitchen Septic System lit MIT - I, , p BUILDING INSPEC'T'OR THIS CERTIFIES THAT '.`.�......... �'9 ® t Ae ......... .... Foundation has permission to erect..... ... ..... ......... .. buildi gs on ........ ... ..... ..... ............ Rough Rough t e occupied as ®,$® 4 wI of 4 Y" 0 chimney o b cup ....... .................... .... .......................................... .. .................................................... provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. e7 PLUMBING INSPECTOR VIOLATI�OjN of the Zoning or Building 'Regulations Voids this Permit. Rough Final t *4 e j%jdjPERMrr EXPIRES IN 5 MONTHS ELECTRICAL INSPECTOR e l ua wo s UNLESS CONSTRUCTION ION ST T'S peN Kj* r S Rough ........ .... ................................... ..... ....... ....................................... Service BUILDING INSPEC'T'OR Final Occuparxy Permit Required t® Occupy .wilding GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises -- Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. a FOUNDATION AS-BUILT P LOCATION: 425 WAVERLEY ROAD j NORTH ANDOVER, MA i 100 00' DATE: FEBRUARY 16, 2006 SCALE: 1" = 40' I � 0 ZONING DISTRICT. R-4 27.5' 18.2' MINIMUM SETBACKS: FRONT YARD = 30' SIDE YARD 15' REAR YARD 30' I CERTIFY THAT THE FOUNDATION 17.7' CONFORMS TO THE DIMENSIONAL SETBACKS OF THE ZONING BYLAW OF THE TOWN OF NORTH ANDOVER. I FURTHER CERTIFY THAT THIS PROPERTY DOES NOT LIE WITHIN A FLOOD HAZARD AREA AS SHOWN ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 250098 0003 C, DATED JUNE 2, 1993. O \ Q 0o EXIS1tNG C) PSN OF ass FOUNDA770N 69.4', STEPHEN �s o P 27.0' Des Roche P No.27699 ,oma J. � LANA PROFE ZONAL LAND SURVEYOR DATE: Z ala 6 > V W PREPARED BY < < SER V_TC S 100.00' 70 BAILEY COURT HAVERHILL, MASSACHUSETTS 01832 WGRA1 hlIC SCAT. YEA TI TELEPHONE: (978) 815-7835 0 20 40 so IN CONJUNCTION WITH t IN FEET ) 217EPONSE, T VALLEY S U VY Y 1 Inch = 40 i"t. FO ZJNDA 'ION A S'-.t3 I IL T LOCATION: 425 WAVERLEY ROAD NORTH ANDOVER, MA - 100.00' DATE: FEBRUARY 16, 2006 SCALE: 1" = 40' � o ZONING DISTRICT. R-4 27.5' \ 18'2' MINIMUM SETBACKS: FRONT YARD = 30' SIDE YARD = 15' REAR YARD = 30' 1 CERTIFY THAT THE FOUNDATION 17 7 CONFORMS TO THE DIMENSIONAL SETBACKS OF THE ZONING BYLAW OF THE \ TOWN OF NORTH ANDOVER. I FURTHER CERTIFY THAT THIS PROPERTY DOES NOT LIE WITHIN A FLOOD HAZARD AREA AS SHOWN ON FLOOD INSURANCE �ATE MAP COMMUNITY PANEL N \ N NO. 250098 0003 CDATED JUNE 2, 1993. o EXISTING o N of tUgscy UATIO -FONDN -TF.. = 89.4'- o STEPHEN o P. 2::0' Des Roche No.27699 2, oaF � / I \ LANA i PROFE SIONAL LAND SURVEYOR DATE: l�t b v �+ PREPARED BY INGIT TEEFINC ,S` I��lE ' T SER VICE S - 100.00' 70 BAILEY COURT HA`!ERHILL, MASSACHUSETTS 018,32 GRA-Ph-IC SCALE TF-,4 VE R T -Y' ROA TELEPHONE: (978) 815-7835 ° 20 40 80 IN CONJU ,pNCTION WITH IN FEET ? l { L i.T^ �� a1 �? .Y 1 b'.L.i �E FOR REGISTRY USE ONLY -4ss gcyGs� REFERENCE DEEDS ASSESSORS REFERENCE I CERTIFY THAT THE PROPERTY LINES SHOWN ARE �s THE LINES DIVIDING EXISTING OWNERSHIPS, AND N.E.R.D. BOOK 7422 PAGE 204 MAP 22 LOT 130 THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND NO NEW LINES FOR DIVISION OF EXISTING OWNERR FOR NEW WAYS ARE SHOWN. N : R SOFUASc ti CHAPTER 41 SECTION 81X ZONING DISTRICT O REFERENCE PLA NS MICHAEL �c O � GJ, J J. HALIFAX ST 4, MIN. LOT AREA = 12,500 S.F. d SERC A DRYAD Sr. yF 1) E.C.L.O. 3152 4 ;,� . , , r MIN. LOT FRONTAGE = 100 FT. MAR NGO S . 9 2) E.C.L.O. 2498 MIN. FRONT SETBACK = 30 FT. " X00 6 10/20103 MIN. SIDE SETBACK = 15 FT. MICHAEL J. SER l P.L.S. DATE �>> " M/N. REAR SETBACK = 30 FT. THE CERTIFICATION SHOWN ABOVE IS INTENDED TO N.T.S. MEET REGISTRY OF DEEDS REQUIREMENTS AND IS NOT I CERTIFY TO THE RT A THIS PLAN TIONS MS RULES A CERTIFICATION TO TITLE OR OWNERSHIP OF PROPERTY THE YEGISERR OF DEEDS. LOCA TION MAP SHOWN-OWNERSHIP OF ADJOINING PROPERTIES ARE ACCORDING TO ASSESSORS RECORDS. 0 10/2%3 DA TE N/F ZONING BOARD OF APPEALS JAMES T. DUFRESNE TR TOWN OF NORTH ANDOVER RIGHT NOW REALTY TRUST BOOK 5944 PAGE 7 MAP 22 LOT 1298 N/F �t JOHN REND & KELLIE M. REID BOOK 6144 PAGE 56 EXISTING APARTMENT MAP 22 LOT 129A NBUILDING DA TE: D EXISTING WELLING TWO STORY C� N/F DWELLING TIMOTHY H. PACKARD - h & HELEN M. NEWELL ?60 00, ;� BOOK 4191 PAGE 21 ;� _31 ' — N78 S7' �o � • ?8''w MAP 22 LOT 131 0° ,M I GAR. 05% BOOK 255 PAGE 300 p ' U-? JI / "O--FSf=L/A,,,-- �L �ER I PLA N ` UNIT 2 T PARKING __ 31 • — UNIT 1 \ - / GAR. 1 ? — - LOCATED /N S2, I UNI T 1 / 1 UNI 3 -� DWELLING' .� GAR. 1 oI� v NORTH ANDOVER MA. U-4 1 UNIT 4 RECORD OWNER & APPLICANT 21.0' R 1 HOPE PORCH . 0HA1 VI�ES C -- . � ...�„ (TYPICAL) � 30' OFFSET LINE �Q w/D ASEM S780EHT - _ J cq 370 GREAT POND ROAD ti NORTH ANDOVER, MA. 01845 57 -" 260. h SCALE: 1" = 40' DATE: 10/5/03,REV. 10120103 94 h NIF - rl ►1 40 0 40 80 FT ROBERT C. ARMSTRONG & C+R40E r MARY M. ARMSTRONG o BOOK 4429 PAGE 274 DWELLING LOY"' (j 130 CPROFESSIONAL ENGINEERS MAP 22 LOT 132 / // I S/ IA Nem EN !X SERV I LAND SURVEYORS � �h BOOK 280 PAGE 72160 SUMMER Sr. HAVERHILL,MA. 01830 TEL. 978-373-0310 AREA = 26,OOO SQ.FT.�' PERCENTAGE OF LOT © 2003 9Y CHR/STIAN5EN & SERGI INC. COVERED BY BUILDINGS 20X DRAW/NG NO. 02067002