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HomeMy WebLinkAboutMiscellaneous - Lot 1 Dale Streetr . I 4 i I @ u, � o � a S o o `�-�—� & fry'—�e� � Jo �-' �o Legal Notice T19WN 60­—� NORITH ANDOV�fl BOARO OF APPEALS NOTICE July 13, 1983 Notice is hereby given that the Board of Appeals will give a hearing at the Town_ Building, North Andover, on Monday evening the 81h day of August, 1983, at 7:30 p.m. to all parties interested in the appeal of ZACHARY REALTY TRUST re- questing a variation of 4.133 (3c) of the Zoning By Law so as to permit the disturbance of vegetation within 25 feet of a tributary to Lake Cochichewick to allow the construction of a single family dwelling and associated structures including a subsurface disposal system -on the premises, located at The South side of Dale St. and known as Lot 1, Dale St. By Order of the Board of Ap-- peals. Frank Serio, Jr. Chairman Publish N.A. Citizen: July 21 and 28, 1983 - ' L14-1085 Legal Notice TOWN OF NORTM ANDOV 4 BOARD OF APPEAkRLS . NOTICE , - - 'J� * - '' July 13,1983 Notice is hereby given that the Board of Appeals will give a hearing at the Town- Building, North Andover, on Monday evening the 8th day of August, 1983, at 7:30 p.m. to all parties interested in the appeal of ZACHARY REALTY TRUST re- questing a variation of 4.133 (3c) of the Zoning By Law so as to permit the disturbance of vegetation within 25 feet of a tributary to Lake Cochichevvick to allow the construction of —a single family dwelling and associated structures including a subsurface disposal system -on the premises, located at The South side of Dale St. and known as Lot.1, Dalp St. , By Order of the Board of Ap-_ peals. Frank Serio, Jr.- . . Chairman Publish N.A. Citi7en: July 21 and 28, 1983, L14-1085 Legal Notice TOWN OF * NORTH ANDOYER BOARD OF APPEALS NOTICE �0 July 13, 1983 Notice is hereby given that the Board of Appeals will give a hearing at the Town- Building, North Andover, on Monday evening the 8th day of August, 1983, at 7:30 p.m. to all parties interested in the appeal of ZACHARY REALTY TRUST re- questing a variation of 4.133 (3c) of the Zoning By Law so as to permit the disturbance of vegetation within 25 feet of a tributary to Lake Cochichewick to allow the construction of a single family dwelling and associated structures including a subsurface disposal system -on the premises, located at The South side of Dale St. and known as Lot 1, Dale St. By Order of the Board of Ap-. peals. Frank Serio, Jr. Chairman Publish N.A. Citizen: July 21 and 28, 1983 L14-1085 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ..ju1.y. 1.3.......19. 83 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .. No n d.a. y ... e v e n i n. g the .8 t .h day of ...... A u. g u s. t ...... 19. 83, at . 7: 30lock, to all parties interested in the appeal of ...... ZACHARY. .REA.LTY..TRUST............... requesting a variation of Sec... 4...133 . ( 3.c ) ... of the Zoning By Law so as to permit.... the..di.s.turbon.ceoof. vege- .ta.tio.n .w.i.th.i.n..25..f.eet .of .a. Ari.butary..to Lake .Co.chi.chewick to allow the construction of a ......................... . sIng.l.e . fami.l.y..dwe.11 i ng and associated structures ................. in. clu.din.g.a..4v.bsu.rface. disposal system. on the premises, located at. . The. S o u. t h ..s i d.e . of . D.a 1 e S t . and. known. a -s - Lot .1,. Dale. S -t.....:.:: :....... . By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish Horth Andover Citizen: July 21 &28 Send bill to: Zachary Realty Trust 69 Kingston Rd. Plaistow, +l. H. ��, A Town of North Andover Buildh John T. Smolak, Esq. Smolak & Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, MA 01845 1600 Osgood Street Building 20, Suite 2-36 North Andover, Ma 01845 February 2, 2012 Re: O Dale Street (Assessors Map 64, Lot 26) — Zoning Determination Dear Attorney Smolak: I have reviewed your February 1, 2012 letter to me, including the proposed site plan and related title information concerning the subject property. Based upon the information provided, I have determined that the lot falls within the vacant lot grandfathering exemption found under the first sentence of the fourth paragraph of Section 6 of Chapter 40A which provides that "any increase in area, frontage, width, yard, or depth requirements of a by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." As a result, the lot is not subject to the current Residence -1 Zoning District dimensional requirements but is subject to the requirements of Section 7.8(1) of the NAZB since the title information supplied indicates that the lot does not adjoin another lot owned by the same owner and the current lot was recorded with the registry of deeds as Plan # 2344 on March 9, 1951 which is prior to January 9, 1957 as required by this bylaw. Accordingly, the applicable setbacks for the lot, as provided under Section 7.8(1) of the NAZB, include front and rear yard setbacks of 20 feet, and a side yard setback of 12 feet. Based on the site plan provided to me, the lot contains in excess of the minimum 50 -foot frontage and 5,000 square feet lot size requirements under Section 7.8(1). With regard to the Watershed Protection District requirements of the NAZB, since the lot was recorded before the amendments to Section 4.136 of the NAZB on October 24, 1994, Table 2 (For Lots Created Prior to October 24, 1994) applies to the lot which means that both the 100 -foot Non -Disturbance Buffer Zone and the 325 -Foot Non -Discharge Buffer Zone apply as setbacks from the edge of wetlands within the Watershed Protection District. Provided that no structure is constructed within the 100 -foot Non -Disturbance Zone, then no variance for new construction is required. However, proposed work in both zones requires N 4 the issuance of a Watershed Protection District Special Permit from the Planning Board. Please let me know if I can be of further assistance. Sincerel , G raid Bro Building Commissioner 2 ATTORNEYS AT LAW February 1, 2012 VIA EMAIL AND REGULAR MAIL Gerald Brown Building Commissioner Building Department Community Development Division Town of North Andover 1600 Osgood Street North Andover, MA 01845 John T. Smolak, Esq. T: 978-327-5215 1 F: 978-327-5219 jsmolak@smolakvaughan.com Re: Property: O Dale Street (Assessors Map 64, Lot 26)(the "Property") Request for Zoning Confirmation Dear Gerry: As a follow-up to our discussion, we are requesting confirmation from you concerning matters related to the zoning status of the property referenced above. The Property The Property consists of 1.72 acres in size, and is located on the northerly side of Dale Street. The record owner of the Property (the "Owner") is Edward J. Welch as Trustee of the Edward C. Welch Trust which acquired the Property from Eileen Welch on December 26, 1991 pursuant to a deed recorded with the Essex North Registry of Deeds in Book 3370, Page 99 (the "1991 Deed"). The Property was originally acquired by Edward J. Welch and Eileen C. Welch, husband and wife, as tenants by the entirety on February 20,1951 and recorded with said Deeds in Book 747, Page 238 (the "1951 Deed"). Both deeds refer to the property description depicted on a plan entitled "Plan of Land in North Andover, Mass. As surveyed for Edward J. Welch, dated November, 1950, prepared by Ralph B. Brasseur, CE" (the "1951 Plan"). The 1951 Plan depicting the Property was recorded with the 1951 Deed on March 9,1951 as Plan Number 2344. Based upon our review of the title to the Property, the lot containing the Property was first depicted on the 1951 Plan, and was recorded in 1951 with the 1951 Deed. The lot depicted on the 1951 Plan has not been modified since being created at that time. Copies of the 1951 Plan, the 1951 Deed and the 1991 Deed are attached as Exhibit A. Based upon our review of the title and historic records, the Property has been vacant since created as a separate lot in 1951. The Zonin;? Based upon discussions with you, we have confirmed that the property lies within the Residential 1 (R-1) Zoning District as defined under Section 4.121 of the North Andover Zoning Bylaw ("NAZB"), as well as the Watershed Protection District Zoning Overlay District as defined under Section 4.136 of the NAZB. Within the R-1 Zoning East Mill, 21 High Street, Suite 301, North Andover, MA 01845 W W W.SMOLAKVAUGHAN.COM SMOLAK & VAUGHAN LLP Gerald Brown Building Commissioner February 1, 2012 District, a one -family dwelling is permitted by right. The Owner intends to sell the Property for single family residential use. Attached hereto as Exhibit B is a site plan depicting the proposed location of a single family residential home on the Property (the "Site Plari"). Dimensional requirements applicable to a lot located within the R-1 Zoning District under the NAZB include the following: Min. Lot Size (87,120 s.f.); Maximum Height (35 feet); Min. Street Frontage (175 feet); Min. Front, Side and Rear Setbacks (30 feet). As depicted on the 1950 Plan, the Property does not comply with the minimum lot size requirement under the current NAZB as the lot size of the Property is 1.72 acres. Section 7 of the NAZB also includes other lot dimensional requirements. Since the lot for the Property was created prior to April 28, 1986, the Property is not subject to contiguous buildable area (CBA) requirements (Section 7.1.1), nor is it subject to minimum lot width requirements and lot restriction requirements since the lot was created before May 1, 1995 (Sections 7.1.2 and 7.1.3(1) and (2)) although the Property meets these requirements. Grandfathering As we discussed, it is my opinion that the Property is not subject to the minimum lot size or other dimensional requirements noted above since the Property constitutes a "grandfathered lot" within the meaning of both Section 7.8 of the NAZB, as well as the first sentence of the 4th Paragraph of Section 6 of M.G.L. c. 40A. Chapter 40A, Section 6, Para. 4 The fourth paragraph of Section 6 of M.G.L. c. 40A (the "State Zoning Act") provides for the grandfathering of vacant single family residential lots. Specifically, this section states that "any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." In Willard v. Board of Appeals of Orleans 25 Mass App. Ct. 15,18 (1987), the appeals court noted that "there is nothing on the face of the fourth paragraph to suggest it was intended to apply to anything but vacant land." See Dial Away Co., Inc. v. Zoning Board of Appeals of Auburn 41 Mass. App. Ct. 165,168 (1996). In Sieber v. Zoning Board of Appeals of Wellfleet 16 Mass. App. Ct. 901(1983), the Massachusetts Appeals Court determined that the separate lot protection provisions protect a lot if it: l) has at least 5,000 square feet and fifty feet of frontage; 2) is in an area zoned for single or two-family use; 3) conformed to existing zoning when legally {00040500;v1 }2 SMOLAK & VAUGHAN LLP Gerald Brown Building Commissioner February 1, 2012 created, if any; and 4) is in separate ownership prior to the town meeting vote which made the lot nonconforming. At a later date, the Massachusetts Supreme Court reached the same conclusion in Adamowicz v. Town of Ipswich, 395 Mass. 757 (1985). If a lot currently meets all of the requirements of the first sentence of paragraph four of G.L.c. 40A, § 6, it qualifies for the "perpetual exemption" from the Zoning Bylaws granted by the statute. Dana B. Tumor v. Robert S. Wiley et al. 18 Mass. L. Rep. 125 (June 9, 2004), citing Ferzoco v. Bd. of Appeals of Falmouth, 29 Mass.App.Ct. 986, 987 (1990). Accordingly, lots created before the enactment of any zoning in a city or town are not subject to "any increase in area, frontage, width, yard or depth requirements." Mscisz v. Zoning Board of Appeals of Middleton, 4 LCR 10 (1996). As a result, "the lot is exempt from all later enacted bulk requirements except the 5,000 square foot and 50 -foot frontage requirements imposed by statute." Bobrowski, Mark. Handbook of Massachusetts Land Use and Planning Law, Section 5.03[C], at 166 (2nd Ed. 2002). "If width, yard or depth requirements were in effect at the creation of the lot, the placement of structure on the lot must comply with these dimensional regulations but need not meet any increases later enacted by the local legislature." Id. Section 7.8 of NAZB (Exceptions) Section 7.8 of the NAZB provides a slightly more limited grandfathering provision, or exemption, from dimensional requirements than the 4th paragraph of Section 6 of Chapter 40A. Specifically, Section 7.8(1) states that the "residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet." The Property falls squarely within the exception allowed under Section 7.8(1) as follows: 1. such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9,1957, {00040500;v1 }3 SMOLAK & VAUGHAN LLP Gerald Brown Building Commissioner February 1, 2012 Compliance: Based upon our review of the title, a copy of which is attached as Exhibit C, the lot, since being created by the 1951 Plan, does not adjoin or abut land of the same owner, and the lot was created in 1951 by virtue of the recording of the 1951 Plan attached in Exhibit A, and has not been modified since that time. Asa result, the 1951 Plan was recorded prior to January 9,1957. 2. and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Compliance: Based upon the attached Site Plan, the proposed structure meets or exceeds the minimum front and rear setbacks of 20 feet, the minimum side setbacks of 12 feet, the minimum street frontage of 50 feet, and the minimum lot area of 5,000 square feet. We also note that Section 9 of the NAZB (Nonconforming Uses) is not applicable to the Property since the Property has always been vacant, and the provisions of Sections 9.1, 9.2, and 9.3 appear to apply to lots involving the maintenance or alteration of preexisting nonconforming structures and uses. And more specifically, Section 9.3 is directly related to preexisting nonconforming single family residential structures but is silent as to pre- existing residential lots which have always been vacant. However, Section 7.8(1) appears to deal squarely with the situation of a vacant lot as described above. Accordingly, we are requesting your written determination and confirmation that the Property qualifies for the exemption under the first sentence of the fourth paragraph of Section 6 of M.G.L. c. 40A., and therefore, there is no need to file for any zoning relief, whether via special permit under Sections 9 and 10.31 of the NAZB, or variance under Section 10.4 of the NAZB, with the ZBA but subject to the Watershed Protection District requirements described below. Watershed Protection District Zoning Overlay District (Section 4.136) You have confirmed with me that the Property lies entirely within the Watershed Protection District as defined under Section 4.136 of the Zoning Bylaws. Since the Property was depicted on a lot which was recorded (1951) before the date of enactment of amendments to Section 4.136 on October 24,1994, the zoning amendments and new zones created on that date under Section 4.136 do not apply to the Property. Instead, Table 2 (For Lots Created Prior to October 24, 1994) applies to the Property, which means that both the 100 -foot Non -Disturbance Buffer Zone and the 325 - Foot Non -Discharge Buffer Zone apply as setbacks from the edge of wetlands within the Watershed Protection District. (00040500;v 114 SMOLAK & VAUGHAN LLP Gerald Brown Building Commissioner February 1, 2012 Within the 100 -foot Non -Disturbance Buffer Zone, single family residential use is allowed by right, but uses allowed by Special Permit in the 100 -foot Non -Disturbance Zone include changes to topography, vegetation removal, and the construction of a new structure but only after a variance has been granted by the Zoning Board of Appeals. See Section 4.136.3.c.ii(3). As shown on the Site Plan, however, there is no structure proposed within the 100 -foot Non -Disturbance Zone and so therefore, there would be no need to obtain a variance from the ZBA but a Planning Board Special Permit would be required. As shown on the Site Plan, several of the proposed new improvements, including the proposed dwelling and attached garage, are proposed to be located within the 325 - foot Non -Discharge Zone from wetlands, as described in Section 4.136 and as specifically shown on the Site Plans. Single family use is permitted by right within this Zone, but subsurface discharges from stormwater runoff would require a Planning Board Special Permit. Conclusion and Summary 1. We are requesting confirmation that the Property is not subject to the minimum lot size or other dimensional requirements noted above since the Property constitutes a "grandfathered lot" within the meaning of the first sentence of the 4th Paragraph of Section 6 of M.G.L. c. 40A, as well as Section 7.8(1) of the NAZB, since: (a) the lot is not adjoined by other land of the same owner, available for combination with or use in connection with such lot; (b) that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 as shown by citations from the Essex County Registry of Deeds; (c) that the Site Plan for the proposed project shows the setback is proposed to be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and, (d) the proposed lot has in excess of a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. 2. We are requesting confirmation that the uses and activities described above are permitted within the Watershed Protection District by Special Permit issued by the Planning Board in accordance with Section 4.136 without the need for a variance from the Zoning Board of Appeals. Thank you. Sincerely, John T. Smolak JTS/ {00040500;v 1 } 5 Ph;,i p Miller bad,, r Rs VMWAI-rr4 rnnFdi A/lllkaA- �c4W N IL 1.'72 A-=nas cv Ut 1p S �O c� TOW" eve �9 I z Sdm�no K. N¢t�vbarrr� � `� j P L- A til OF LAND NORTH ANDOVER, MAS95.19- � A5 SURVEYED FofR EDWARD J. WELCH SCALE I"� dog Nov. 1950 RALPH 5. SPASSEUR GE r Sl HAMILTON AVE. HAVERHILL, MASS. p e i CCS 69ZAQQQRAR YVA PW:TT TTnZ/ns/7.T •R - - ,- � � ,¥ _SL m - \ \.\ £ - &- % - ' ® A- 5 © _ / 4 ! = 6 ~ - -- � \ # £ - \ . � « £ . k w MG 15A \. MG IIA 50' BUFFER ICNE \ MC IJA MC IYA IBB' BUFFER ZQ`/E \ \ 1 \ IIA IN A FLA09A BEPNEAIEB BY IEAH BASBANES RAC BA IAAA / °'J' \ /% 24' 2 1 \ p 8x40/ G.F.-195.6 T.—2,o3.0 RAC to Alt\ \$ Io0 \. / 1 \— — — — — — — — — —� INYERT�183JZ' I I / ) D A L E S \TR E E T N (1959 COUNTY LCYOUT) SMOLAK & VAUGHAN LLP Gerald Brown Building Commissioner February 1, 2012 {00040500;v1}6 CD. v) m a co 0 O. mLu C: m V) 0) C Q O IN CMWO_= a F- n. tz I , � m O 0 Q a N 07is LL aVmm o b N l0 ' Ir W w LU EY N lu V) 0 Q O UU Cl) w 'O tco W m of maw �0 U ul r:.. T. Q w V OU r` (DQ V- r T ;J.l6. 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Robert Nicetta Building Commissioner MEMORANDUM To: Heidi Griffin, Town Planner From: Robert Nicetta, Building Commissioner Date: February 8, 2001 Re: MPG Realty Lot#1, Dale Street (Berrington Place) Telephone (978) 688-9545 Fax (978) 688-9542 Enclosed please find copy of the Zoning Board of Appeals (ZBA) Petition No. 011-99, dated: 7/14/99 on the referred property. The. decision was time stamped by the Town Clerk at 3:08 PK July 20, 1999. Your letter of January 26, 2001 to Mr. Kenneth Grandstaff, and copied to me indicates that roadway construction has -began iri the subdivision -am-of -the -the--oft ojninion that the variance allowing the constron was not exercised within the one-year time frame, and pursuant to Chapter 40A and the North Andover Zoning By- law has lapsed Further research of ZBA records on this project also indicated -that no time extension of the variance was applied for or granted. - If this opinion is incorrect, it is the obligation of MPG Realty to produce documents of the original variance and variance extension as recorded in the Northern Essex Registry of Deeds. BOARD OF APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Of ,iORTh 1ti � O 3 � o 'y4Ssq��9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS i O ICE S R A FJ ,*-+�w TOWN OLcRA NORTH ANDOVER APR Z 12 of P� `y8 Any appeal shall be filed date of filing of this Notice within (20) days after the NOTICE OF DECISION in the Office of the Town Clerk. Property: Dale St., Map 37B, Lot #1, (Berrington Place) NAME: MPG Realty Corp. DATE: 4/15/98 ADDRESS: 11 Old Boston Rd. PETITION: 010-98 Tewksbury, MA 01876 HEARING: 4/14/98 The Board of Appeals held a regular meeting on'Tuesday evening, April 14, 1998, upon the application of-MP--G-Realty-Corp.,.,-11-Old-Boston-Rd—T-ewksbu y–MA-01876,—requesting-a-Variance-for-said premises located at Dale St., Map 378, Lot #1, (Berrington Place), North Andover, MA from the requirements of Section 4, paragraphs 136.2 (b) & (iv); 136.2 (f); 136.3 (d), of Table 1&2 to build a roadway with all required details within the 75' conservation zone, in R-1 Zoning District, The following members were present: Walter F. Soule, Raymond Vivenzio, Scott Karpinski, Ellen McIntyre and George Earley, The hearing was advertised in the Lawrence Tribune on 3/31/98 & 4/7/98, and all abutters were notified by regular mail. Upon a motion made by Walter Soule, who removed himself as acting chairman for this vote, and seconded by George Earley, the Board voted to deny a Variance seeking relief from Section 4, P. 136.2 (b) & (iv); 136.2 (f); 136.3 (d), to build a roadway with all required details within the 75' conservation zone, on the basis that the petitioner failed to show substantial hardship, financial or otherwise, relating to unique soil conditions, relating to shape, or topography of land, as required under Chapter 40A, Section 10 of the General Laws and Section 10.4 of the Zoning Bylaws. Voting in favor of the denial: Walter F Soule, Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, George Earley. BOARD OF APPE=ALS Raymond V enzio, acting Chairman - -Walter Soule, Zoning Board of Appeals /decoct2 Any appeal shall be filed date of filing of this Notice within (20) days after the In the office of the Town Clerk. NAME: MPG Realty Corp. ADDRESS: 11 Old Boston Rd. Tewksbury, MA 01876 r►O RT1y ' Ott,iu ,1'O ° JJOYCE 8F;1G1,+AW * TOWN CL't�K +; ► NORTH A,yDOVER SAC HU Skt�y A SEP 1 17► TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: Dale St., Map 37B, Lot #1, (Berrington Place) DATE: 9/9/98 PETITION: 016-98 HEARING: 6/9/98 & continued to: 9/8/98 T_h_e_Board of Appeals held a regular meeting on Tuesday evening, April 14, 1998, upon the application of MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA 01876, requesting aVariance-for-said premises located at Dale St., Map 37B, Lot #1, (Berrington Place), North Andover, MA from the requirements of Section 4, paragraphs 136.2 (b) & (iv); 136.2 (f); 136.3 (d), of Table 1 &2 to build a roadway with all required details within the 75' conservation zone, in R-1 Zoning District, The following members were present: Walter F. Soule, Raymond Vivenzio, John Pallone, Scott Karpinski, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 5/26/98 & 6/2/98, and all abutters were notified by regular mail. Upon a motion made by Walter Soule, and seconded by John Pallone the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: Walter F. Soule, Raymond Vivenzio, John Pallone, Scott Karpinski, Ellen McIntyre. BOARD OF P L William J. S Ilivan, Chairman Zoning Boa d of Appeals /decoct2 JA'N 3 0 9L! CASE # TOWN OF NORTH ANDOVER ZONING BOARD OF ADJUSTMENT OWNER'S AFFIDAVIT I, the undersigned, owner of property located at Dale Street and identified as Map 37B - Lot #1. do hereby authorize MPG Realty Corporation and its representatives 11 Old Boston Road Tewksbury MA 01876 to-make—the folio- wing-r-equest with -respect -to -the above=described property: Anv and all re uests for the approval of Berrington Place an 8 Lot subdivision with roadways and all improvements as shown on plans prepared by Allen & Major Associates Inc of Woburn MA as may be required by the Watershed Protection Bylaw and the Planning Board Please refer to Special Permit application and accompanying documentation for submittal of this request for ZBA consideration R. Ashton & Gwendolyn C. Smith Signature 9d,4wriotrustee Geoffrey Smith 15 Driftwood Dr. North Bradford CT 06471 Address January 23, 1998 Date nazba.doa O ,6 {. AK '� op • y+•' N N O Il T i l JUL CO TOWN OF NORTH ANDOVER C �� MASSACHUSETTS BOARD OF AFPEALS Any appeal shall be filed within (20) days after the date of filing of this notice. NOTICE OF DECISION Property at: Dale St., Lot #1, (Berrington Place) NAME: MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA DATE: 7/14/99 ADDRESS: for premises: Dale St Lot #1, (Berrington Place) PETITION: 011-99 North Andover, MA 01845 HEARING: 5111/99 &7/13199 The Board of Appeals held a regular meeting on Tuesday evening, July 13, 1999 upon the application of MPG Realty T_r_ust, 11 Old_ coston Ftd., Tewksbury_, MA for premises at: Dale St, Lot #1, (Berrington Place) North Andover, requesting a Repetitive Petition hearing under Section 10.8 and to request a Variance from the requirements of Section 4, P136.2 (b), (iv), 136.2 (f), 136.3 (d), of Table 1&2 in order to construct a roadway with all required details within the 75' conservation zone within the R-1 Zoning District. i The hearing was advertised in the Lawrence Tribune on 4/27199 & 514/99 and all abutters were notified by regular mail. The following members were present to hear the Repetitive Petition: William J. Sullivan, Robert Ford, George Earley & Ellen McIntyre, Upon a motion made by George Earley and 2"d by Robert Ford, the Board voted to GRANT a repetitive petition on the basis that the application did contain significant changes as presented on the Plan of Land submitted by: Allen & Major Associates, Inc., by Erik D. Heyland, Professional Engineer, #38325, dated: 4/1199. Voting in favor. William J. Sullivan, Robert Ford, George Earley, Ellen McIntyre. The following members were present to hear the request for a Variance: William J. Sullivan, Raymond Vivenzio, Robert Ford, John Pallone, and Scott Karpinski. Upon a motion made by Robert Ford and 2"d by Scott Karpinski the Board voted to GRANT a Variance to construct a roadway for a 75' setback from the wetland resource area from Station #04400 a shown on the Definitive Plan of Land, Tax Map #37B, parcel #1, North Andover, dated: 1/16198, drawings #A & 36, by Allen & Major Associates, Inc. Professional Engineer, #38325, dated: 4/1199. The Board finds that the access to the proposed development is the least objectionable entrance/exit and due to tate circumstances relating to soil, shape (long and narrow) and topography (surroundipg wetlands) this relief is required for use of the land referred to in this petition. Voting in favor: William J. Sullivan, Robert Ford, John Pallone, Scott Karpinski. Opposed: Raymond Vivenzio: Page 1 of 2 ml/1999decision/32 JOYCE JULTmoi ZO 3 MPG Realty Corp, for premises at: Dale St., Lot #1, decision continued Variance The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or typography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. By order of the Zoning Board of Appeals William J. S Ilivan, Chairman ml/1999decisionl24 RE i.p, ER A �' f31 � ni, �� I' o R Q3. o•�APRILM �o 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) -days after the _ date of filing of this Notice In the Office of the Town Clerk. ----` Date A v g.W..19.,..19 8 3....... . Petition No.. 4.0. = .' .8.3 .............. Date of Hearing. A u.g u s.t . 8.1. 1.9 8 3 Petition of ..... Z A C.H A R Y ..R.E A LT Y..T R U.S T............................................ Premises affected .. S o g t h„ s i d. e. o. f. D a l e.. S t. r e e. t known a s L o t.. l .................. Referring to the above petition for a variation from the requirements of the 7A n i .n 9. Ay.. L a w s.ection— 4.,..Pa.ra.gr,a.p.h.4.133.1()0.:.................:........................... so as to permit t h e.. d.i. s t.0 r. b.a n Cie. o.f.. v e. g et a t i. Q p.. wit h JA . 2 5 ' o f . a . t.r i b.0 t a.r y;, t o Lake Co_chiche.wick t.o allo.w.the construction of a single family dwelling and asso'cialed structures including a su,-bsurface disposal system. After a public . hearing given on the above date, the Board of Appeals voted to ... Deny -. : the V a r. -i. a n c e c k�sret tc ��cti c xB gx Rl �ctd4rxi i xdc xperaitA01.... .......:.................................................................... xferc tbexcoRst>ictoix ia& tbexab v,e(ww*x based mp=tbje followkng )e tiom: Signed Fr. an.k . S.e ri:Q ,..J r..., : Qh a,i.rma.n ......... Alf.red..E..-.Fri.ze:l.le.,..E5.q .,..Vi.ce..Chairman R ch.a rd . J.... T.r.e pa.ni eer. ,..Es.q., ,..CI e.rk Wi 1.1.iam.J....Su.1l.i.van............... Augus t.i.ne..W.....Ni.ckexson .......:.... Board. of Appeals . •n7..1 C. N°RTq .6 ° .• o Pfd 163 ;'s `CHU $� use TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. August 19, .1983 Mr. Daniel Long, Town Clerk Zachary Realty Trust Town Office Building Southside of Dale St. 120 Main Street known as Lot 1 North Andover, Mass. 01845 Petition No. 40-'83 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, August 8, 1983 upon the application of Zachary Realty Trust. The hearing was advertised in the North Andover Citizen on July 21 and 28, 1983 and all abutters were notified by -regular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq:, Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Augustine W. Nickerson. The petitioner seeks a variance from the provisions of Section, 4, Paragraph 4.133 (3)c of the Zoning By Law so as to permit the disturbance of vegetation within 25 feet of a tributary to Lakb Cochichewick to allow the construction of a.singIe family dwelling and associated structures, including a, subsurface disposal system, on premises located on the South side of Dale Street and known as Lot 1, Dale Street The petitioner testified through the project engineer that this proposal has received.approval-from both the Planning Board and the Conservation Commission. The applicant proposes to place the septic system on the back of the lot as far away from the wetland as possible. Although measures will be taken to protect the vegetation, there will be some disturbance to the trees and other forms of plantings. Opposition was voiced at the hearing.from an abutter and the Building Inspector. . . IV Zachary Realty Trust Lot 1 Dale Street Petition No. 40-'83 Page 2 ,r' I Ptj `33 Upon a motion made by Mr. Nickerson and seconded by Mr. Trepanier, the Board voted unanimously to deny the variance request. The Board finds that Section 10.4 of the Zoning By Law has not been satisfied. In particular, the Board finds that the 25 foot no cut buffer zone 'is protecting the wetland abutting the tributary and no hardship was shown by the petitioner that would warrant the request. In the opinion of the Board, the granting of said variance would create a detriment to the public good and would derogate from the intent and purpose of the Zoning By Law.' j Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman Speed Subj Letter l From— Date rom —No.9&10FOLD MESSAGE i���7�J�L dC , —��� �`' ` / —7J� /' �I cfc'_.,Z Rf_Clt_-� (-A,,; C -L, Ac V t (t �?r/ ✓3.� Date `7 r? j Signed �— REPLY —No.9 FOLD —No. 10 FOLD Date Signed Wilson Jones Company GRAVLINE FORM 4 4- D.IN U.9A 3 -PART PRINTED RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY ® 19]9 • RICHARD F. KAMINSKI AND ASSOCIATES, INC. ENGINEERS • ARCHITECTS • LAND PLANNERS • SURVEYORS 451 ANDOVER STREET NORTH ANDOVER, MASS. 01845 TELEPHONE 687-1483 July 5, 1983 Mr. Frank Serio Chairman North Andover Board of Appeals Town Hall Main Street North Andover, MA 01845 Re: Request for Variance, Zachary Realty Trust, Lot 1 Dale Street, North Andover Dear Mr. Serio: Enclosed please find a copy of the Notice of Decision issued by the North Andover Planning Board relative to the issuing of a Special Permit under the requirements of Section 4.133(d), construction of a dwelling and associated structures within 100 feet of a wetland tributary to Lake Cochichewick for the construction on lot 1 Dale Street, North Andover, owned by Zachary Realty Trust. Would you please include this notice with the application for a variance from the requirements of Section 4.133,paragraph 3C, of the Zoning By -Laws filed with the North Andover Board of Appeals by this office for Zachary Realty Trust for the proposed construction on lot 1 Dale Street, North Andover, MA If I may be of further service to you in this matter, please do not hesitate to contact me. Sincerely yours, Richard F. Kaminski and Associates, Inc. seprvB.-zcu i.ng vironmental Biol cc: Zachary Realty Trust Enclosure JBC/jt r_pplicantZachary Realty Trust address 69 Kingston Road; Plaistow, NH 03865 Y. !'.p plication is hereby made _ (a) For a variance from the requirements of Section4.131Paragraph 3C of the Zoning By -La;: -s. (b) For a Special Permit under Section ,Paragraph of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision rrade by the Building Inspector or other authority. - 2. (a) Premises affected are ?and x and buildings numbered_ Stet. Lot 1 Dale Street = — (b). P-femises of fect roperty with frontage on the North South x E<. :�7es side of Dale Street, and kno»ri1 as N , lot 1 Dale Street. (c) Premises affected pie in Zoning District R-2 ,and the premises affected have an area of43560 and frontage o 1-50—f eet - 3. (a) r,=lie .nd address of owi-)er (if joint ownership,give all Zachary Realty Trust, Date of -,pui-cl:;:�se Oct. 1981 Previous o-vmer Edwina Kittredge (b) If :_ gyp) i c .nt is not owner, check his interest in the premises: 1 ro<<�ective purchaser _Lessee Not applicable Other (explain) 4. Size of proposed building: 75 front; 28 feet deep. Heint:2 sto3-i-es; feet, -- --- (a AInprox'Lim--te cir:te of erection As soon as possible (b Occupancy or .>>se (of each floor Residential ----- (c) 'T;l�e of consti_uct3on Woo frame - ------ -- - 5. Size of E\isi. inn x=71 _,1g - --- -- —� CEt front, meet car -c p - -- --- Not applicable <'._te of --i,-coon ----- -- �':) or .�-n (of 1.: -.ch Of 7. i,=s tliCrL }`EC'n 3 p3ev+r.- s pl -)� G7 No 7. T, 1)t)01'0f 3-Q1i4t f L012c-i:t. on t 1?_s psi ton: It is proposed to construct a single-family dwelling and associated strurtures-includ-ing --- - - a subsurface di-sposal system on tl?is_ lot,-. In order --to .satisfy_ _the -local and state public health requirements, it is necessary to cut vegetation within 25 feef of a -wetland which- is "a "tributary -to Lake- Cochi-chewick. The applicant requests relief from the 25 foot no -cut requirement. ---- t TO' --,TN OF NORTH AN-DO%7JJr7,R C, tt BOA -RD n : This application imist be typewritten. APPLICA T IO_I FOR RELIEF FROM THE- REQUIRT-ENTS -OF THE= ZONING ORDINANCE r_pplicantZachary Realty Trust address 69 Kingston Road; Plaistow, NH 03865 Y. !'.p plication is hereby made _ (a) For a variance from the requirements of Section4.131Paragraph 3C of the Zoning By -La;: -s. (b) For a Special Permit under Section ,Paragraph of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision rrade by the Building Inspector or other authority. - 2. (a) Premises affected are ?and x and buildings numbered_ Stet. Lot 1 Dale Street = — (b). P-femises of fect roperty with frontage on the North South x E<. :�7es side of Dale Street, and kno»ri1 as N , lot 1 Dale Street. (c) Premises affected pie in Zoning District R-2 ,and the premises affected have an area of43560 and frontage o 1-50—f eet - 3. (a) r,=lie .nd address of owi-)er (if joint ownership,give all Zachary Realty Trust, Date of -,pui-cl:;:�se Oct. 1981 Previous o-vmer Edwina Kittredge (b) If :_ gyp) i c .nt is not owner, check his interest in the premises: 1 ro<<�ective purchaser _Lessee Not applicable Other (explain) 4. Size of proposed building: 75 front; 28 feet deep. Heint:2 sto3-i-es; feet, -- --- (a AInprox'Lim--te cir:te of erection As soon as possible (b Occupancy or .>>se (of each floor Residential ----- (c) 'T;l�e of consti_uct3on Woo frame - ------ -- - 5. Size of E\isi. inn x=71 _,1g - --- -- —� CEt front, meet car -c p - -- --- Not applicable <'._te of --i,-coon ----- -- �':) or .�-n (of 1.: -.ch Of 7. i,=s tliCrL }`EC'n 3 p3ev+r.- s pl -)� G7 No 7. T, 1)t)01'0f 3-Q1i4t f L012c-i:t. on t 1?_s psi ton: It is proposed to construct a single-family dwelling and associated strurtures-includ-ing --- - - a subsurface di-sposal system on tl?is_ lot,-. In order --to .satisfy_ _the -local and state public health requirements, it is necessary to cut vegetation within 25 feef of a -wetland which- is "a "tributary -to Lake- Cochi-chewick. The applicant requests relief from the 25 foot no -cut requirement. ---- t 0. -The principal points chI l: =se my ppI i.c��ti on are as f of lo,�:S:-' i 2- 2h -e pra+�� techn�-u-e-to-he used du-ririg_ construction=will prevent degradation of the wetland. See enclosed addendum and -- plan.- - --- - -------- - — - --- _ 2. The -propoaed orrstru�cti-on--will--cs f"rm +Q public health regulations. 3. The proposed construction is regulate y conditions impose 4 The nrnz need -construction- ig_rpculated by conditions imposed by the North Andover Conservation Commission. b. Construction on the lot canno e -u- s_ __ variant -r- is ;ranted Ir � — ai- gee to pays �_or auv _sing ire nev sp`per incidental expenses. i (Petitioner's Signature) Sec. 1 APPLICYTION FORM' Every application Tor action by the Board shall be made on a form approved by the Board. These forms shall be furnished by .the clerk upon request. Any colla-alnicati_on purporting to be an applicat,on shall be treated as mere notice of intention to se,!�k relief until such ti--i-ie as it is- made on the ofrlcial rpplication form. All info;maticjn_ caJ.led for by the form shall be ri'rnished by the app licant in the manner therci.n prescribed. - Every :lppli cation sl;all be sub, u_t ted Witlz a Jilt of "Fatties 111 l;lt(-rCSt'_' t•:111ch list Shall incl ode the F pet]_tloner, abut terst Owners Of 1._od di-fectly opposite on ._ny public or private street or Way and c..: ors of J_and within three l;u ;i.cd feet of the property line all as t_';�y :.pp�ar i>11 Llie lilo5t lfCr-nt app] ic,711Dle t?x list, Ll't' 1.:;,d Of •`_ny '=1)Ch Gt,ili'r 1S -in .),other city or town, I -Le �� p, : :,g �� ;;�io:ird of _t,.e Lu -.-,n 71,d the p).._l;ning board of every abut_ ti ng 'city or 1: O'.: n . ,very .�ppli_cation shall be submitted with an ppl i r:,i i( -,n c.uf.I ici<_nt to corer .,the cost of post.7,Se of notice to a1.1 �;.:.� �. ;,s ;n t e1 t - .:t '.; JE LIST Or PARTIES IN 11 1`c_ ;-r,S'r T - f Zachary Realty Trust, 69 Kingston Road, Plaistow, NH 03865 ate' Edward J. and Eileen C. Welch, 357 Dale Street, North Andover, MA 01845 David C. and Francis J. Rand; 280 Dale Street, North Andover, MA 01845 Phillip A. and Mary W. Bryant, 300 Dale Street, North Andover, MA 01845 6-30-1-3 1 t 1j Town of North Andover Board of Appeals Zachary Realty Trust ADDENDUM 1. During construction, haybale erosion checks conforming to soil conservation standards will be installed between the disturbed land and the wetland area. 2. Log diversion structures will be installed in the driveway to prevent erosion. 3. There will be 10 feet of vegetated undisturbed land between the area to be alteredand the edge of the wetland and a minimum of 45 feet of vegetated undisturbed land between the area to be altered 4. In the buffer zone, trees with a dbh of 6" or more will be welled in conformance with soil conservation standards. M v ;a KAMINSM, GELINAS AND ASSOCIATES,INC. ENGINEERS • ARCHITECTS • LAND PLANNERS • SURVEYORS NORTH ANDOVER OFFICE PARK NORTH ANDOVER. MASS. 01845 TELEPHONE W-1483 November 11, 1982 Mr. Edward W. Phalen Assessor's Office North Andover Town Hall Main Street North Andover, MA 01845 Dear Mr. Phalen: 418 BRIDGE STREET LOWED, MASS 01850 TELEPHONE 453-0395 Please certify the following abutters to the parcel shown on the enclosed plan: Zachary Realty Corporation, 69 Kingston Road, Plaistow, NH 03865 Edward J. and Eileen C. Welch, 357 Dale Street, North Andover, MA David C. and Francis J. Rand, 280 Dale Street, North Andover, MA Phillip A. and Mary W. Bryant, 300 Dale Street, North Andover, MA Sincerely yours, Joseph B. Cushing .Enclosure ; cc: Zachary Alexanian JBC/jt r ��gg3 Commonwealth vL 6 ! of Massachusetts � E G DERE Fibs No. (To be provided by DEDE) City/Town North Andover 7.achary Realty Trus Applicant Order of Conditions Massachusetts Wetlands Protection Act G.k. c. 131, §40 and under the Town over 3yLaw, Chapter 3.5 A & B 13ortL �.ridover Conser:-aLion CoiTlAssion To— (Name o _ac!=7 Realty Trus t Kingston t �p !a�n) - tlaistow New ;.a;apsli Address This Order is issued and delivered as follows: Address s Li_ie (Name of property owner) O Eby hand delivery to applicant or representative on (date) 0 by certified mail, return receipt requested onT� T v? '� 1 q R (date) This project is located at Lot 1 D1 -.1e Street The property is recorded at the Registry of Nor.t' crn �s sex Book 1011 Page 196 Certific. ate (if registered) The Notice of Intent for this project was flied on J-,i;1e 0-4, 1983 (date) The public hearing was closed on July 6, 193 (date) Findings The Conservation Co::v,ission has reviewed the above -referenced Notice of Intent and plans and has held a public hearing on the project- Based on the information available to the � .,CC at this time, the -%i1CC has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (che7public appropriate): _ water supply L 'Storm damage prevention Yc� rivale water supply, E; /Prevention Prevention of pollution round water supply O Land containing shellfish Ek"'Flood control O Fisheries -1- ` i Therefore, tho N7 hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The -cc orders that ail work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting ,the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority lor one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the CC. on the form at the end of this Order prior to commencement of the worts. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 242-198 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The wor'K shall conform to the following plans and special conditions: 2-- Logy 1 J :'' le Street 42-198 l�. notice of Intent of Zac'iary Realty Trust dated June 22, 1983, seven (7) pagesID, b. "lan entitled "notice of Intent for Subsurface Disposal syste:_t Design for Lot 1 Dale Street, Porth .ndover prepared for Zachary Realty Trust by ha::,inski, Gelinas Associates". Dated June 23, 1903. 13. A row of sta?-ced hay bales shall be placed bet\,een all construction areas and wetland areas. This ror7 OfTybales shall re,Llain intact u? til all disturbed areas hive bee;, stabilized to prevent erosion. 14. The lob diversion locate;i in the proposed drive\aay and o\ n on the references_ Alar. shall be kept in place uric cleared behind the.., as required until the drive\:ay shall be paved. No access to the building site will be ner,_,itte�', except Llon- the drive s'io\rii on the referenced plan. 15ui.sturbec areas s' -:all be traded,- loa,ae d and seedcc to pOH%iiie 1'eSt_'i111 atlOrl Or diStllr'iJi?C? areas. tiitLr re- Stui'i 11�atlon, hay bales mull be re::loved and se }' dl:;tE'7ita�IOn s'.alI be re :love' fro::t Lreas of accu,-julation. 16. erosion -)revcntion aL±d sedi.:ientation protection :.,e aures COnStruCtlOn by the North Conservati_an CO:,: -ti ssion gill be t the _.4��,� Of ti -,2 I'Ji.>CC or Lrveyor. 17. .any ch=:n-.es in the _ores_.itted plaps, r��sLllt?_n`; 1ro,ct the a� Notice o_ Intel;�_ .�1 do ,ed condi t' -' _ iitteu to the Nfor - It �, r u; p1:0 prior to i:,,p1e.,entat10il. ,iIC tvticc _li1CS �)y -,� j ority vo mac, s4iu cl:ur,oes to _ uc U / ll` -,._LL 11 O!_. L1i•� L•'1n�1 1 . Oi tii ' vl r 1 , iiv L ACL i iS lr�`� Oi CV11,11t1G1`ls t0 1s�1C:-, —n t_..h :I-ere�ts Cil. t=:•�-�::1_. LL t Gt`cLio17 Act CE iiiiOt �- Uy t., i s kraal vi COiiu' ,_ iLl(1:15 1l.!v \,0L11C1 hest be serl'u , issuLilce of L(udjtiorlul conditions , L'.±eiz tlli' l�'nCC \,il; cell �c r ullOt.ILr i�Lv11C ''iCul l l'�i7iY1 21 ''S i1j�i)liCiillt, lit Order t0 ta?'` 1uj 4� tf.0 e;( O testl:,!oi',y fro.:! L11 1.-,te17e'3' l��lrLi,,-s. :it .i.n 21 1:3W of the close of said pL__;lic Lli` :;ACC ;rill issue an u,.,ei,ued or new Order of Condit.'iOi' iS , r v• `yny elf—ors /_)ii,lu In t'1C- )fans or l;liOr,_tuL10;1 Slli�._71tteL Oy, c �� 11Ce'at 5 .c1i1 �e ConSiu`ereU ,as C:iFlii:n i " `' s al .c. proc�.c�ures U�tilnad for c' -Lm --es s?:311 be V c.. llo.:ed. 1�. TiZc rrovisi.Ons of ti,is Gr,'er s',u11�l to anti be cii,� -pi y u?�on tale aPl)IiC._:nt its e.:.plo -. assigns in interest or control.c�� and all successors 4nd J '� O:'DEER OF CO1,�DITIG1:3: Lot 1 Dale Street 242-1°u 20. Prior to the issuance of a Certificate of Compliance, the applicant shall submit a letter to the Conservation Cotmfiission froma registered professional engineer certifying that the .work is in compliance with the plans referenced aboe and the conditions stated above. 21. ilembers of the NJ CC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 22. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 23. Issuance of these conditions does not in any way imply or - certify that the site or downstream areas will not be subject to flooding, storm damage, or any other for<<z of damage due to wetness. - 4 - issued B N r th Andover 242-198 Conservation Commission This p e signed by a majority of the Conservation Commission. On they ? 1st day of Ju v i 9 83 , before me Tv�CC , to me known to be the pew and who execested the foregoing instrument and acicnowiedged that he/she executed the samosamer free act and deed. Notary FA& My commission expires The , any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done dents of the city or town in which such land is located are hereby notified of their right to request the Department of Engineering to issue a Superseding Order, proving the request is made by certified mail or hand delivery to the D9peft2g2m= ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mal or hmnagft to the Conservation Comm i -On and the applicant. Detach PosS25ILEM and submit to the p ie bewgg=fit the Order of Conditko for the project at -.-- Fie th.rf,,arhas been recorded at the Registry of has chain of titie of the affected property in accordance with Genefa] Condition 8 tf rte- instrument number which identifies th s transaction is it re document number which identi ies tris transaction is S�gruhre prior to car:•mencement of work. _Issuing Authority and � 19 Applic-ant C TDI -,7N 0: ?\'OR i H A�, Off' r. -�) _ K-��, � - I" SSACHUSIE TS �l `4ER Bo �.� of a i T !�)s yam/ JUL COM-TICE: This ap-p licat�on llstbe typewritten.. APPLICATION FOR RELIEF FROM THE- REQUIR?-SENTS OF THE- ZONINIG - ORDINANCE f.pplicintZachary Realty Trust Address 69 Kingston Road,Plaistow, NH 03865 1'. /-. plication is hereby made - (a) For a variance from the requirements of Sect ion4.131Paragraph 3C of the Zoning By -Laws. (b) For a Special Per—mit under Section ,Paragraph of the Zoning By-L,:xqs . (c) As a party -aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Pre.-iiises affected are land _x - and buildings numbered Y Sheet. Lot 1 Dale Street = — Premises affected are property with frontage on the North _ South x East .lest side of Dale Street, and lcriot,gj as NO. lot !—Dale Street. (c) Premises affected are in Zoning District R-2 ,and the premises affected have an area of 43560 and frontag- e _0F 1-50—f eet 3.- (a) N.:ne end address of oi,q-)er (if joint oY,nership,give all Zachary Realty Trust, Date of purchase Oct. 1981 Previous oviner Edwina Kittredge (b) If :rpp1 cent is not ox,-ner, check his interest in the premises: Pi.ospective purc;;aser _Lessee Not applicable Other (explain) 4. Size of proposed building: 75 front; 28 feet deep. Hei--nt: 2_ stories; meet. -- --- (a� Ap)ir_oxi.u��te ci::te of erection As soon as possible (b Occupancy or >>se (of each floor : Residential — (r) e of const-i.Z)cC]on- Wood frame -- 5. S; /-e of E-xisl ng >> 3� l�;i,�p,: cet front;_ Leet c . - - Not applicable c',.:te of r-,: -ction - --- — -- �' } r�C Clii;�:IC)' Or f 1— 61: --- ---- -- - - - (c) 1pc 1 Y .der zo, 3 ,,p oil �,:es i=1,t,re been a h; e-.. gin'=s a �-, -, _-•- '+ � ;,� e f i O, \:;:Cil NO ----- —-------- - J. 17, ?.1)L? G:l -Of re 1 `.[�-f 01:C:))t on t_hzs pC tl is 3 on: It is proposed to _ construct a single-family dwelling and associated stru-ctnres-includ-knq---- corder' -to - - a subsurface disposal system on this lot.-- In order -to satisfy-tbe-local ana state public health requirements, it is necessary to cut vegetation within 25 feet of a -wetland which is a tributary to Lake-Cochichewick: The applicant requests relief from the -25 foot no -cut requirement.- -_ . a 9. _ The principal points i<<, ,n ;.,)ij ch I `;.ase my ::ppl i.c�,ti on are as ,. • ,`.-o] lo -".s: (,.,,.st be si.-:t d in ,Irj-,:il) 3—The pro -e i ce techn4-que -to--Iae -usedl di�iii.ng construction=will prevent degradation -of -the wetland. See enclosed addendum and • • public health regulations. 3. The proposed construction is regulate y conditions impose --th ver anriii-ig-Board-.-- -- -- - 4- The prnpnsed cox-struatien c- reaulated by conditions imposed by the North Andover Conservation Commission. -- ons ruc ion on the of canno e variance is granted - I asree to pay for adv - si;;g irL neWspaper Ind incidental expenses. i (Petitioner's Signature) Sec. 1 APPLICKTION FORM Every application for action by the Board -shall be made on a for„ approved by the Board. These forms shall be furnished by the - clerk clerk upon request. H,�y co;z-,ilnicati-on purporting to be an application shall be treated ;�s ,��ere notice of intention to seek relief until such ti::.e as it is. rade on the official replication form. All information: called for by the for„ shall be f,'l-nished by the applicant in the manner t],erC- ;.n prescribed.- Evei_y . Dpli cation sh ;l l be sub,,,it ted ;-2ith a list of "Parties in i;itr_rest':' :hich list steall inc]ude tl;e peti-tioner, abutters, ormers of 1-dj.?-ectly oppcsite On .any public. or private street or �-,ay and Uo.-.-.ers Of 1, -rid ;within threeet of the property line all �s t_':, y ._pprar on the i-�ost ri-cent a , �] i c.,bl e , - 1 tr,x list, no�wi-thst:,n�,�.ng 1_];at d Of .`ny =17Ch G1. 11, r 1S ](�C:�i_��d in ;t7,Ut])er city Or town, ];o;3rd of _t].e tu.-:n ;id the p] I;ning board of every abutting city or ;_,-,,'e1y 'PPl-ication shall be subi-nitted ,with an to cover -the cost of post.., -,e of roti-ce to all «, t. s n tel:0.;i_. ` LIST OF PA1:TIES IN Zachary Realty Trust, 69 Kingston Road, Plaistow, NH 03865 Edward J. and Eileen C. Welch, 357 Dale Street, North Andover, MA 01845 David C. and Francis J. Rand, 280 Dale Street, North Andover, MA 01845 Phillip A. and Mary W. Bryant, 300 Dale Street, North Andover, MA 01845 P -k x . w Town of North Andover Board of Appeals Zachary Realty Trust ADDENDUM 1. During construction, haybale erosion checks conforming to soil conservation standards will be installed between the disturbed land and the wetland area. 2. Log diversion structures will be installed in the driveway to prevent erosion. 3. There will be 10 feet of vegetated undisturbed land between the area to be alteredand the edge of the wetland and a minimum of 45 feet of vegetated undisturbed land between the area to be altered 4. In the buffer zone, trees with a dbh of 6" or more will be welled in conformance with soil conservation standards. 9 4 • • w KAMINSKI, GELINAS AND ASSOCIATES,INC. ENGINEERS • ARCHITECTS • LAND PLANNERS • SURVEYORS NORTH ANDOVER OFFICE PARK NORTH ANDOVER. MASS. 01845 TELEPHONE 68%-1483 November 11,, 1982 Mr. Edward W. Phalen Assessor's Office North Andover Town Hall Main Street North Andover, MA 01845 Dear Mr. Phalen: 418 BRIDGE STREET LOWELL, MASS 01850 TELEPHONF 453-0395 Please certify the following abutters to the parcel shown on the enclosed plan: Zachary Realty Corporation, 69 Kingston Road, Plaistow, NH 03865 Edward J. and Eileen C. Welch, 357 Dale Street, North Andover, MA David C. and Francis J. Rand, 280 Dale Street, North Andover, MA Phillip A. and Mary W. Bryant, 300 Dale Street, North Andover, NIA sincerely yours, Joseph B. Cushing Enclosure cc: Zachary Alexanian -I f j ` '