HomeMy WebLinkAboutMiscellaneous - Lot B Salem Street®R
V
CA
Uover, on Tuesday Eve-," . . . . - . I . . M. REALTY TRUST
ning the 10th day of Octo- < , requesting a varin 9 Q'Q'7' , *
ber, 1989, at 7:30 P.M., to n v Sec..4 , 3 0
all parties interested in the -k-4 ) 0- - - f the'Zoning
:appeal of David H. Pickles, ByLawsoastopermit construction of sm.all. single
Sr. Tr., Salem St. Realty, family dwelling wi-
Trust, requesting a varia-, of Lake. thin lob 'ft. of a tributary
tion of sec. 4.135(3)d of the I Cochichewick: ........................
1987 Zoning By Law so as
to permit construction of . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .
'small single family dwelling' . . . . . . . . . . .
;within 100 ft. of a tributary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
'of Lake Cochichewick on . . . . . . . . . . . . . . . . . . . . . . . . . .
the premises,
located a,
North side of Salem S et
...................
and know as Lot B 6 *4
ul'm
i Street:' on� the premises, located at. t h S i d e o f
By Order, of the B d of, Salem street
I
'Appeals. .,and known as Lot B9 Salem ... .......
. ............. lem Street
,Frank. . . . . . . . .
Se io, Jr., . . . .
Chairman
E-T—Sep. 25, Oct. 2, 1989 By Order of the rd of ppe
LEGAL NOTICE xd_10_�
TOWN OF Frank Serio, Jr.
NORTH ANDOVER 9 hairman
M A S S %�HAUPSPEItTLSS Publish: E -T Sept. 25 & Oct. 2, 19
BOARD 89
NOTICE
Sept.
e,
p
)t 2, 1989
Notice is here given
given
that the Board of Appeals I
will give a hearing at the,
1 Town Building, North An.
dovetr�eojnotTuesday Eve-
ning
h day of Octo-
ber, 1989, at 7:30 P.M., to
all parties interested in the
appeal of David H. Pickles
Sr. Tr., Salem St. Realty
Trust, requesting a varia-
tion of Sec. 4.135(3)d of the
1987 Zoning By Law so as
to permit construction of
small single family dwelling
within 100 ft. of a tributary
of Lake Cochichewick on
the premises,
ses local
at
ljreet
North side of 'Salem
and known as Lot B, lem
Street
By Order of jact of
Appeals. the
Frank Serio, Jr.,
4 Chairman
E-T—Sep. 25., Oct. 2, 1989
----------
%AOR
I
6-4 APRIL7FV ib
vvqqq
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
--------------
LEGAL NOTICE'29
�OwN
SEPT.�EPT...... 198.9.
-TOWN OF
?F
Notice is hereby given that
NORTH ANDOVER
the Board Of Appeals Will give a
hearing
MASSACHUSETTS
BOARD OF PEALS,
at the Town Building, North Andover, on. TUESDAY
NOT
fE
22,1 989
EVENING. ........ the MT14day of OCTOBER
.apt
Notice i 1,
that the BY,, ere6y given
I
7: ..........
1989 , at.. ��'ZlOb
d of Appeals
will give a hearing at the, 1
. . all Parties interested in the appeal
Town Building, North An -.1
DAVID of
V
PICKLES, SALE
SR TR
Uover, on Tuesday Eve-," . . . . - . I . . M. REALTY TRUST
ning the 10th day of Octo- < , requesting a varin 9 Q'Q'7' , *
ber, 1989, at 7:30 P.M., to n v Sec..4 , 3 0
all parties interested in the -k-4 ) 0- - - f the'Zoning
:appeal of David H. Pickles, ByLawsoastopermit construction of sm.all. single
Sr. Tr., Salem St. Realty, family dwelling wi-
Trust, requesting a varia-, of Lake. thin lob 'ft. of a tributary
tion of sec. 4.135(3)d of the I Cochichewick: ........................
1987 Zoning By Law so as
to permit construction of . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .
'small single family dwelling' . . . . . . . . . . .
;within 100 ft. of a tributary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
'of Lake Cochichewick on . . . . . . . . . . . . . . . . . . . . . . . . . .
the premises,
located a,
North side of Salem S et
...................
and know as Lot B 6 *4
ul'm
i Street:' on� the premises, located at. t h S i d e o f
By Order, of the B d of, Salem street
I
'Appeals. .,and known as Lot B9 Salem ... .......
. ............. lem Street
,Frank. . . . . . . . .
Se io, Jr., . . . .
Chairman
E-T—Sep. 25, Oct. 2, 1989 By Order of the rd of ppe
LEGAL NOTICE xd_10_�
TOWN OF Frank Serio, Jr.
NORTH ANDOVER 9 hairman
M A S S %�HAUPSPEItTLSS Publish: E -T Sept. 25 & Oct. 2, 19
BOARD 89
NOTICE
Sept.
e,
p
)t 2, 1989
Notice is here given
given
that the Board of Appeals I
will give a hearing at the,
1 Town Building, North An.
dovetr�eojnotTuesday Eve-
ning
h day of Octo-
ber, 1989, at 7:30 P.M., to
all parties interested in the
appeal of David H. Pickles
Sr. Tr., Salem St. Realty
Trust, requesting a varia-
tion of Sec. 4.135(3)d of the
1987 Zoning By Law so as
to permit construction of
small single family dwelling
within 100 ft. of a tributary
of Lake Cochichewick on
the premises,
ses local
at
ljreet
North side of 'Salem
and known as Lot B, lem
Street
By Order of jact of
Appeals. the
Frank Serio, Jr.,
4 Chairman
E-T—Sep. 25., Oct. 2, 1989
----------
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LEI NOTICE
0. 00
C,
SAC S
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November 20, 1989
Notice is hereby given that the Board of APP -l- will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 12th day of December,
1989, at 7:30 o'clock, to all parties interested in the -
appeal of David H Pickles tr tee Of Salem Street
H.
ic' 12
Realty Trust requesting a ariation of Sec. 7,
Para, 7.3 and Sec. 4, Para. 4.1 5(3)d of the Zoning
By Law so as to permit constru ion of a small single
family dwelling within 100' of tee
acilyulary of the lake
and within a rear line setback of 0'instead 030'as.
NVALT"
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November. 20 ..... 19 89
lee is hereby given that the Board of Appeals will give a
-ig at the Town Building, North Andover, on Tuesday
............. the 12.th day of . December
�9, at 713 (O'clock, to all parties interested in the appeal of
'Pickles -trustee of 'Salem. -Street - kealty trust
�ting a variation of See. .7, Para.. .7. 3 andOf the Zoning
. Sec 4, Para. 4.135(3)d
,aw so as to permit ..... * ....... ...............
ftion of a small single family dwelling within 100'
Zoning Bylaw on t
required by the the
pramises_� . . . . . . . . . lake
. . . . and
. . within
. . . I . . . . rear
. . . . line
. . . setback .
.1 1! Lbutaty cl the lake and within a rear line setback
located at Lot B, Salem Street.
By order of the
Board of "als Lnstead-of.30!-as.-required-by-the-Zoning Bylaw.
Frank Serio, Jr., Chairman hairman
NAC: 11/22189 8 11136189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j., on the premises, located at ... Lot-B,..Salem-Street-
......................... ...... ....................
�o
By Order of the Board of Appeals
LEGAL NOTICE Frank Serio Jr Chairmpni,
0*"
blish in the N. A. Citizen on November 22 & Nov. 30, 1989
ill to: Domenic J. Scalise, 89 Main St., N. Andover, MA
SAC 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 12th day of December,
1989: at 7:30 o'clock, to all parties interested in the
appeal of David H. Pickles trustee of Salem Street
Realty Trust requesting a variation of Sec. 7, 1 -
Para. 7.3 and Sec. 4, Para d f h Zoning
0 0
By Law so as to permit construction a small single j.
family dwelling withinof the lake
and within a rear line of 30' as
premises, Bylaw on\
in
100' of a "i�u
, setback
of 20
required by the Zoning 13,1 lh pre
located at Lot B, Salem Street.
By Order of the
Board of Appeals
Frank Serio, Jr., Chairman
NAC: 11/22189 8 11/3089
Vii
LEI NOTICE
0. 00
C,
SAC S
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November 20, 1989
Notice is hereby given that the Board of APP -l- will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 12th day of December,
1989, at 7:30 o'clock, to all parties interested in the -
appeal of David H Pickles tr tee Of Salem Street
H.
ic' 12
Realty Trust requesting a ariation of Sec. 7,
Para, 7.3 and Sec. 4, Para. 4.1 5(3)d of the Zoning
By Law so as to permit constru ion of a small single
family dwelling within 100' of tee
acilyulary of the lake
and within a rear line setback of 0'instead 030'as.
NVALT"
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November. 20 ..... 19 89
lee is hereby given that the Board of Appeals will give a
-ig at the Town Building, North Andover, on Tuesday
............. the 12.th day of . December
�9, at 713 (O'clock, to all parties interested in the appeal of
'Pickles -trustee of 'Salem. -Street - kealty trust
�ting a variation of See. .7, Para.. .7. 3 andOf the Zoning
. Sec 4, Para. 4.135(3)d
,aw so as to permit ..... * ....... ...............
ftion of a small single family dwelling within 100'
Zoning Bylaw on t
required by the the
pramises_� . . . . . . . . . lake
. . . . and
. . within
. . . I . . . . rear
. . . . line
. . . setback .
.1 1! Lbutaty cl the lake and within a rear line setback
located at Lot B, Salem Street.
By order of the
Board of "als Lnstead-of.30!-as.-required-by-the-Zoning Bylaw.
Frank Serio, Jr., Chairman hairman
NAC: 11/22189 8 11136189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j., on the premises, located at ... Lot-B,..Salem-Street-
......................... ...... ....................
�o
By Order of the Board of Appeals
LEGAL NOTICE Frank Serio Jr Chairmpni,
0*"
blish in the N. A. Citizen on November 22 & Nov. 30, 1989
ill to: Domenic J. Scalise, 89 Main St., N. Andover, MA
SAC 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 12th day of December,
1989: at 7:30 o'clock, to all parties interested in the
appeal of David H. Pickles trustee of Salem Street
Realty Trust requesting a variation of Sec. 7, 1 -
Para. 7.3 and Sec. 4, Para d f h Zoning
0 0
By Law so as to permit construction a small single j.
family dwelling withinof the lake
and within a rear line of 30' as
premises, Bylaw on\
in
100' of a "i�u
, setback
of 20
required by the Zoning 13,1 lh pre
located at Lot B, Salem Street.
By Order of the
Board of Appeals
Frank Serio, Jr., Chairman
NAC: 11/22189 8 11/3089
Received by Town Clerk:
DANIEL 1-01IG
REC��i`dEfl ('Zj
V
TOWN OF NORTH ANDOVER, MASSACHUSET,
;I BOARD OF APPEALS go
APPLICATION FOR RELIEF FROM THE REQUIR'EMEN,rs OF THE ZONING ORDINANCE
David H. Pickles, Sr., Trustee
of Salem Street Realty Trust
Applicant Address
c/o Domenic J. Scalise, Esq.
89 Main St., N. Andover, MA
1. Application is hereby made: 01845
j.
a) For a variance from the requirements of Section 4 Paragraph4.135(3)d
and Table 2 of the Zoning By Laws . of the 1987 Zoning By -
Laws
b) For a Special Permit under Section Paragraph of the Zoning
By Laws.
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land X _and building(s) _numbered Lot B
Salem
b) Premises affected are property with frontage on the North (X)
South ( ) East ( ) West ( ) side of Salem,
Street, and known as No. Lot B,__SaLem— _____ Street.
c) Pxemises affected are in Zoning District R3, and the premises
affected have an area of 29,773 square feet_and frontage of
78.07 feet. ----
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
David H__Pickles,_Sr_, _Trustee of Salem Street Realty Trust
Date of Purchase June 6, 1989 previous owner David H. Pickles, Jr. and
-------Franc1ne - is es
b)'. If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee _Other (explain)
44 Size of proposed building: 36 front; 28 _feet deep:
" Height 12 stories; 25_feet.
a) Approximate date of erection: upon approval
b) Occupancy or use of each floor:_ residential _
c.) Type of construction: wood___-
5. Size of existing building: n/a feet front; _ _feet deep;
Height __stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:-
-c ) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
X If so, when? 1287
H� 6r c
L
Description of relief sought*on this petition A}O•plicant requests a varia,ce
rom the .provisions of Section. •4,' Paragraph 4•,1135 (3) d of the 19$7 ..Zonr�
- ws o �s �� t e gonstmact'QD of a --dinall single family dwelling
{
wi in k of a tri a ary. Ont-Fie TaiCe:•
.'.,,Deed recorded in the Registry of ,Deeds in gook ':2943 Page 351
Book Pnge
Land Court Certificate No. — - '
he principal points upon which I base,my application are as follows:
must be.stated in detail)
The lot is unbuildable without a variance and tyre shape of th•e lot prevents
ui ing in a oca ion ou si e-�-set ac rom ri a ary o a e. the•
wi e, no environmental impact upon tF e a e or it s tri utary. A1.1, work
=r
oom lance wiFh the " etlan Act as a minis ere y the
wi e in st p
or. n over �'onserva i.on`�ommission
agree to pay the filing fee, vertising itr newspaper, and incidental
:xpenses*
-_-- ignature of• etitlor�er9
i
very application for action by the Board shall be made on a Corm approved
y.• the Board. Thege forms shall be furnished by the Clerk upon request.
ny communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such. tinre•as it is .made on the 1
fficiat application £orm. All information *called -for by the form shall ..''
e furnished by the applicant in the manner �herein,;:prescribed. �..
very-application shall be submitted with a list of "Parties Ilaa interest"
hick list shali•include.the petitioner, abutters, owners of nd directly
pposite on any public or private street or way, and abutters to -tile
butters,-within'three hundred feet (300'.) of the property line of the, ..i
etitfoner' as they appear • on the most recent applicable tax List,
in ay
otwithstanding that the land of any such owner is locatedanother cit
r town, the Planning Board.of the cit or town,, and the Plannin g Board ofd,
very. abutting city or town.
Every application shall be submitted with anapplication charge cost
he amount of $25.00. In addition, the petitioner shall be responsible .;�
or any• and all costs nduinvolved inbringingcation, butarernecessariarly;:'
uch. costs shall include flailing and pblili
invited to these. r(j
very application shall be submitted with a plan of lane] approved by the •:II
oard.- No petition will be brought before the Board unless said plan has I,
een submitted. Copies o£ the Board's requirements reals urronprerqueste t
ttached hereto or are available from the Board o£ App P
LIST OF PARTIES IN INTERES'i'
Address
Name l
See Attached List
i
• - `sir
LIST OF PARTIES OF INTEREST
r
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I
a-aL (1V V1\L JJ
Kathleen Olenio 292 Salem Street N. Andover
Rene L & Mary H Fa ere 202 Marblerid e, N. Andover
Dominic & Rath Giarruso 318 Salem Street, N. Andover
Josephine Cristaldi 14 Appleton Street, N. Andove
John Jeknavorian 5 Appleton Street, N. Andover
'
David & Doris Brucato 44 Appleton Street, N. Andove
Harry Bour uin 200 Marbleridge St., N. Andov
Lawrence J._& Cynthia D. White 250 N. Main St.,At. Andove
Charles & Jean M. Camasso 338 Salem Street, N. Andover
J.e '& Caroline E McLoughlin 327 Salem Street, N. Andov
S a-�" f F
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e
MEMORANDUM
TO : North Andover Zoning Board of Appeals
FROM : Richard Doucette, Conservation Administrator
DATE : December 12, 1989
RE : Variances for Lot B Salem St.
It is my understanding that the ZBA will be reviewing the request
for 3 separate variances for Lot B Salem St. These include
variances for frontage, a side -setback of 20' and permission to
construct within 100' of a tributary to the Lake.
* Regarding the frontage issue, this makes it possible to
create a second lot of a size that is allowed under R3
zoning. This 25,000 sq. ft. zoning is the most dense zone
in the watershed. I assume this level of density is allowed
since these lots will (or can be) sewered. The sewer line
does not yet extend to all parts of the Watershed R3 zone.
Thus, the Town has created a zone allowing dense development
in a very sensitive area without providing the necessary
sewer. I would recommend to the ZBA and the Planning Board
that any unsewered project in the watershed be required to
tie into municipal sewer as soon as the sewer is available.
This condition could be made part of the Planning Board's
Special Permit or the ZBA's granting of a variance.
* Concerning the side setback, this was made necessary by the
Conservation Commission's requirement that the structure be
100' from all wetlands. If any building is allowed on this
lot, the side setback should be granted.
* Concerning the variance to build within 100' of the Lake's
tributary, if this is granted it will only cover grading
since the house has been moved 100' from the wetland. I
would recommend that the ZBA grant this variance but allow
only the grading necessary to install the foundation.
As you know, this lot has been under intense review by the
Conservation Commission. The Conservation Commission's decision
is attached. Please note the following conditions as they are of
particular importance due to this project's location in the
watershed:
15. All structures must be located at least 100' from the
edge of wetlands. All associated grading must be at
least 80' from all wetlands.
23. Siltation control must be maintained between the
house and wetlands until turf is established.
36. Fertilizers used will be of low -nitrogen content.
CC : Planning Board
4
Y
310 CMR 10.99
Form 5
,-7k_ - Commonwealth
+ of Massachusetts
Lot B (#318) Salem Street
DEP Fie No. 242_513
(Io be prw+oeo by DEP)
City,7own North Andover
Apphcant Domenic Giarusso
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Bylaw, Chapter 3.5
From NORTH ANDOVER CONSERVATION COMMISSION
To Domenic Giarusso
(Name of Applicant)
Address
318 Salem Street, North AndoverAdM
This Order is issued and delivered as follows
Domenic Giarusso
(Name of property owner)
318 Salem Street, North Andover, MA
❑ by hand delivery to applicant or representative on /Dec . 6, 1989 (date)
by certified mail, return receipt requested on (X(a� �� ��G (date)
This project is located at Lot B (#318) Salem Street, North Andover, MA
The property is recorded at the Registry of Northern Essex
874 416
Book Page
Certificate (if registered
The Notice of Intent for this project was filed on September 13, 1989
The public hearing was closed on November 15, 1989
Findings
(date)
(date)
The North Andover Conservation Commi ssi nn has reviewed the above -referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information availaole to the
NACC at this time. the NACC has oetermtned 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 Protec!ion Under the
Acct/El
as appropriate):
O
Pubiic water supply Lld Flood control Land containing shellfish
V.'
Private water supply,/ Storm damage prevention Fisheries
L2i Ground water supply IJ Prevention of pollution Protection of wildlife habitat
Total Filing Fee Submitted
City/Town Share $137.50
Total Refund Due S
r-lf__...._ ��/4n"1
$250.00 State Share $.112.50
(1/2 fee in excess of S2)
_ City(Town Portion S State Portion S
(1/2 total) (112 total)
5.1
#242-513 Lot B. Salem St.
2
Therefore, the North Andover Conservation Commission hereby finds
that the following conditions are necessary, in accordance with
the Performance Standards set forth in the State Regulations and
the requirements of the Town ByLaw, to protect those interests
checked above. The North Andover Conservation Commission
(hereafter the "NACC") orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following 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 measures, 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 otherers
of the necessity of complying with all other applicable fedeer on
state or local statutes, ordinances, by-laws or regulations. �l,
4. The work authorized hereunder shall be completed within three
years from the date of this Order unless either of the following
apply. g
(a) the work is a maintenance dredging project as provided
for in the Act and/or the Town ByLaw;
(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 for one
or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration
of the Order. n date
6. Any fill used in connection with this
fill, containing no trash, refuse rubbish or debrisject haincll budinean
but not limited to lumber, bricks, g
cardboard, pipe, tires, ashes, refrigeratorst motoravehiplesror
parts of any of the foregoing.
7. No work shall be undertaken until all administrative ap eal
periods from this Order have elapsed or, if such an a p
been filed, until all proceedings before the Department haveabeen
completed.
x
r�
#242-513 Lot B. Salem St.
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 North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
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 Protection,
File Number 242-51311.
3
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.
11. Upon completion of the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans/documents:
(a) Notice of Intent filed by J.J.B. Associates for Domenic
Giarusso, filed on September 13, 1989.
(b) Plan of Land prepared for Salem Street Realty Trust, David
Pickles Trustee, dated Sept. 26, 1989, Revised on October 18 and
November 13, 1989. Prepared by J.J.B. Associates.
(c) Plan of Land prepared for Domenic Giarusso dated Sept. 26,
1989 and revised Oct. 18, 1989. Prepared by J.J.B. Associates
(d) Letter to Joseph Borgesi of J.J.B. Assoc. from Richard P.
Doucette, dated Nov. 7, 1989.
(e) Letter to Joseph Borgesi of J.J.B. Assoc. from Richard P.
Doucette, dated November 20, 1989.
13. The following wetland resource area is within the 100' buffer
zone of the proposed work: bordering vegetated wetland. This
resource area is significant to the interests of the Act and Town
Bylaw as noted above. This resource area is also significant to
the recreational interests of the Bylaw. The applicant has not
attempted to overcome the presumption of significance of these
resource areas to the identified interests.
#242-513 Lot B. Salem St. 4
14. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
November 13, 1989.
PERFORMANCE & DESIGN STANDARDS
15. The NACC approves the construction of a single family home on
this lot pending the receipt of revised plans showing: all
structures at least 100' from the edge of all resource areas and
all associated grading at least 80' from the edge of all resource
areas.
16. No earthen embankment in the buffer zone shall have a slope
steeper than 2:1. Any slopes of steeper grade shall be rip -
rapped to provide permanent stabilization.
CHANGES
17. Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned conditions must be submitted to
the NACC for approval prior to implementation. If the NACC finds
said changes to be significant, the NACC will call for another
public hearing (at the expense of the applicant). Within 21 days
of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be
considered as changes.
18. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur, a
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
19. The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
20. Utilities shall not be constructed as to pass under or
through any wetland resource areas on site except as approved
under any future filings.
#242-513 Lot B. Salem St.
CONSTRUCTION
5
21. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
22. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
23. Prior to any activity on the site, a filter fabric fence
backed by a single row of staked hay bales shall be placed
between all construction areas and wetland areas per Soil
Conservation Service or D.E.P. standards. This barrier will be
placed adjacent to the existing swale. This siltation barrier
shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been mulched, seeded, and stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC shall be
implemented at the direction of the NACC.
24. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 10 extra hay
bales and sufficient stakes for staking these bales. Said bales
shall be used only for the control of emergency erosion problems,
and shall not be used for the normal control of erosion.
25. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
sodding, or by loaming, seeding, and mulching according to Soil
Conservation Service standards. If the latter course is chosen,
stabilization will be considered once complete vegetative cover
has been achieved.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
28. After proper grading, all disturbed areas located within a
resource area which will not remain as wetland areas, shall be
loamed (minimum of 4" of quality loam), limed, fertilized and
#242-513 Lot B. Salem St.
6
seeded. This shall all be done in accordance with SCS
guidelines. All disturbed areas located within wetland resource
areas which are to be only temporarily disturbed during
construction, shall be restored to their original grade, soil
profile and vegetative cover. Soil used for this purpose will
either be wetlands topsoil or a minimum of 4" of quality loam.
29. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
30. Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
31. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
Of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters at
the site for the storage and removal of such spent construction
materials off-site.
32. Accepted engineering and
procedures shall be followed
OTHER CONDITIONS
construction standards and
in the completion of the project.
33. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
34. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
35. No underground storage of fuel oils shall be allowed on any
lot within one -hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town of North Andover's Wetland
Protection ByLaw.
#242-513 Lot B. Salem St.
36. Fertilizers utilized for landscaping and lawn care shall be
of the low -nitrogen content variety, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town of North Andover's Wetland
Protection ByLaw.
7
37. A proper bond or a deposit of money or negotiable securities
running to the Town of North Andover shall be provided in the
amount of $2000.00 which shall be in all respects satisfactory to
Town Counsel, Town Treasurer, and the NACC, and shall be posted
with the North Andover Town Treasurer before commencement of
work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party
or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that
provision, satisfactory to the NACC, has been made for
performance of any conditions which are of continuing nature.
The applicant may propose a bond release schedule keyed to
completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the
authority of the Town of North Andover's Wetlands Protection
Bylaw.
38. In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer certifying compliance with this Order
of Conditions and the approved plans referenced herein (or
approved revisions). A stamped "As -Built" topographic plan of
all areas within the jurisdiction of the Wetlands Protection Act
and Bylaw shall be submitted when a Certificate of Compliance is
requested. This plan will include:
a. "As -Built" elevations of all drainage ways
constructed within 100 feet of any wetland
resource area.
b. "As -Built" elevations and grades of all
filled or altered wetland resource areas.
C. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
29. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
D.E.P. 4242— 513
Issued By
Signal
TH ANDOVER
Ac6�o G1 . iys�
This Order must be signed by a majority of the Conservation Commission.
Conservation Commission
On this 15th day of November 19 89 , before me
personally appeared Paul L. Tariot , to me known to be the
on described in and who executed the foregoing instrument and acknowledged that he/she executed
the s e as his/her free t deed.
September 9, 1994
N tary Public My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be
done or any len residents of the city or town In which such land is located are hereby notified of (heir right to request the Department of
Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from lire date of
issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm.
prior to commencement of work.
To Issuing Aulhor ly
Please be advised that the Order of Conditions for the project at Lot B (318) Salem Street, Nn_ Andover, MA
File Number 242-513 has been recorded at the Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19__
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
Date: 2fy- 2 -14 --
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
'<'t -I
Kindly submit $ ,�7D for the following: l
Filing Fee $,�
Postage
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk
BOARD OF APPEALS
David H. Pickles, trustee of Salem * Petition: #91-89
Street Realty Trust, c/o Domenic
J. Scalise DECISION
89 Main St., N. Andover, MA 01845
The Board of Appeals held a public hearing on Tuesday evening, December 12,
1989 upon the application of David H. Pickles, trustee of Salem Street
Realty Trust requesting a variation from the requirements of Section 7,
Paragraph 7.3 and Section 4, Paragraph 4.135(3) d of the Zoning Bylaws so
as to permit construction of a single family dwelling within 100' of a
tributary of the lake and within a rear line setback of 20' instead of
30' as required by the Zoning Bylaws on the premises located at Lot B,
Salem Street. The following members were present and voting: William
Sullivan, Vice-chairman,.Augustine Nickerson, Clerk, Walter Soule, Anna
O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on November 22,
and November 30, 1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board
voted, unanimously, to GRANT the variances as requested, subject to the
following condition:
1. As soon as the sewer system is available on the street, in front of
this parcel, the petitioner must tie in to it, within one (1) year. thereafter.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaws and that the granting of
these variances will not derogate from the intent and purposes of the
Zoning Bylaw nor will it adversely affect the neighborhood. It was determined
that the 1987 by-law, which was the by-law in effect at the time of the formation
.of this lot, is the applicable law at this time. As such, this Board has
jurisdiction thereunder.
Dated this 14th day of December, 1989.
BOARD OF APPEALS
William Sullivan
Vice-chairman
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MASSACHUSETTS
BOARD OF APPEALS
David H. Pickles, trustee of Salem * Petition: #91-89
Street Realty Trust, c/o Domenic
J. Scalise DECISION
89 Main St., N. Andover, MA 01845
The Board of Appeals held a public hearing on Tuesday evening, December 12,
1989 upon the application of David H. Pickles, trustee of Salem Street
Realty Trust requesting a variation from the requirements of Section 7,
Paragraph 7.3 and Section 4, Paragraph 4.135(3) d of the Zoning Bylaws so
as to permit construction of a single family dwelling within 100' of a
tributary of the lake and within a rear line setback of 20' instead of
30' as required by the Zoning Bylaws on the premises located at Lot B,
Salem Street. The following members were present and voting: William
Sullivan, Vice-chairman,.Augustine Nickerson, Clerk, Walter Soule, Anna
O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on November 22,
and November 30, 1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board
voted, unanimously, to GRANT the variances as requested, subject to the
following condition:
1. As soon as the sewer system is available on the street, in front of
this parcel, the petitioner must tie in to it, within one (1) year. thereafter.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaws and that the granting of
these variances will not derogate from the intent and purposes of the
Zoning Bylaw nor will it adversely affect the neighborhood. It was determined
that the 1987 by-law, which was the by-law in effect at the time of the formation
.of this lot, is the applicable law at this time. As such, this Board has
jurisdiction thereunder.
Dated this 14th day of December, 1989.
BOARD OF APPEALS
William Sullivan
Vice-chairman
/awt
David H. Pickles, trustee
of Salem St. Realty Trust
c/o Domenic J. Scalise
89 Main St., N. Andover, MA 01845
Date .... December 14, 1989
..............
Petition No..... 91- 8 9
Date of Hearing.. December 12.,..1989
Petition of .... Day.id.H,, Pickle$,, trustee, of_ .Salem. St.., ,Realty, Trust . . ..............
Premises affected ..Lot . B,. Salem. St.. .................................................... .
Referring to the above petition for a variation from the requirements of the . Sect ion. 7.......
Paragraph ...7..3. and .Section .4, . Paragraph. 4-135 (3) d. of, .the. Zoning. Bylaw .............
so as to permit ..construc.tion . of. a..single7family. dwelling. wi.thin.100.'..Qf . a.........
tributaty of the lake and within.a rear line setback of 20' instead of 30'
as.required..by..the.Zoning.Bylaw.......................................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the
varian.ces..as .requested. . . . .. and hereby authorize the Building Inspector to issue a
................
Permit to -David. -H: -PicklesI -trus-tee •of - Salem •St. -Realty. Trust .................. • • •
for the construction of the above work, based upon the following conditions:
1. As soon as the sewer system is available in the street in front of the parcel,
the petitioner must tie in to it, within one year thereafter.
Signed /
R
.._. William. Sull,ivan,.Vice-chairman...
.... Walt.er.$oule.............•...........
.....Augustine. Nickerson,.C.lerk.......
... Anna .0..Conno.r....................
Lo.uis.Rissin.....................
Board of Appeals
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BOARD Of APPEALS
NOTICE OF DECISION
David H. Pickles, trustee
of Salem St. Realty Trust
c/o Domenic J. Scalise
89 Main St., N. Andover, MA 01845
Date .... December 14, 1989
..............
Petition No..... 91- 8 9
Date of Hearing.. December 12.,..1989
Petition of .... Day.id.H,, Pickle$,, trustee, of_ .Salem. St.., ,Realty, Trust . . ..............
Premises affected ..Lot . B,. Salem. St.. .................................................... .
Referring to the above petition for a variation from the requirements of the . Sect ion. 7.......
Paragraph ...7..3. and .Section .4, . Paragraph. 4-135 (3) d. of, .the. Zoning. Bylaw .............
so as to permit ..construc.tion . of. a..single7family. dwelling. wi.thin.100.'..Qf . a.........
tributaty of the lake and within.a rear line setback of 20' instead of 30'
as.required..by..the.Zoning.Bylaw.......................................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the
varian.ces..as .requested. . . . .. and hereby authorize the Building Inspector to issue a
................
Permit to -David. -H: -PicklesI -trus-tee •of - Salem •St. -Realty. Trust .................. • • •
for the construction of the above work, based upon the following conditions:
1. As soon as the sewer system is available in the street in front of the parcel,
the petitioner must tie in to it, within one year thereafter.
Signed /
R
.._. William. Sull,ivan,.Vice-chairman...
.... Walt.er.$oule.............•...........
.....Augustine. Nickerson,.C.lerk.......
... Anna .0..Conno.r....................
Lo.uis.Rissin.....................
Board of Appeals
j Recei►ed by Town Clerk:
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TOWN OF NORTH ANDOVER, MASSACHUSETT0V
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
David H. Pickles, Trustee c/o Domenic J. Scalise, Esq.
Applicant of Salem Street Realty Trust Address 89 Main St., N. Andover, MA 01845
1. Application is hereby made: Section 7. - paragraph 7.3 and
a) For a variance from the requirements of Section 4 Paragraph 4.135(3)d
and Table of the Zoning By Laws. of the 1987 Zoning Bylaw.
b) For a Special Permit under Section Paragraph of the Zoning
By Laws.
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land x and building(s) numbered Lot B
-------
Salem --__ —_,_Street . -
b) Premises affected are property with frontage on the North (x)
South ( ) East ( ) west ( ) side ofSa_1_e_mStreet
Street, and known as No. Lot B Street.
c) Pxemises affected are in Zoning District R3, and the premises
affected have an area of 29,773 -square feet_and frontage of
feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
David H. Pickles, St., Trustee of Salem Street Realty Trust
Date of Purchase June 6_,_ 1989 -Previous OwnerDavid H Pickle, - Jr. and
Francine Picklips
b). If applicant is not owner, check Isis/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: 36 front; 28 feet deep;
" Height 1 z stories; 25__ _ _feet.
a) Approximate date of erection:__UpQL__a_pprova_L—
b) Occupancy or use of each floor: residential _
c.) Type of construction: wood frame_________
5. Size of existing building: n/a feet front;_ feet (Ieep;
Height stories; feet.
a) Approximate date of erection:_nLa_—__—_
b) Occupancy or use of each floor:+ n/a —_ —
c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
X If so, when? 1987
Applicant requests a variance from the provisions of Section 7 Paragraph 7.3
a
n:d Section 4 Paragraph 4.135(3)d of the 19'.87 Zoning By -Laws so, as'to allow
' I within 100 ;
_�"c6T;strdction of a small single fabily dwelV,'3'._*ng ' of a trflautary of
titiontb-9 lake and within a reap,'line set
DescrW)tion of relief sought on this pe
bagKof 20' instead of 30' as required by tie zoning By -Law...
Deed recorded in the Registry of Deeds in Book -�94.3 Page 351
Land.Court Certificate No. Book Page
-
lie principal points upon which I base,my application are as follows-
must be.stated in detail)
The lot is iinbtildabije witb91 nd"t
out ' a variance hpshape of the lot 'p
_ rq,y'There
ents
_hili lr1inq in a- jQcat-ion nut-si Hie I nn_! spt-h;;nk f r. m- tri bili-Ar)j
hp aa_.ejjv -f- p
uon thp� P t-riblit--ar-w- All- workj_ranmentai imp;;r - -1 aka
will bc-; in st-rir_t.i-nmn1janrP_wjth the "Wetland Ac -t -L -as, admini d ;the
iNo,rth Andover Conservation -commission
agree to pay the filing fee, advertising III newspaper, and incidental
:xpenses* A
irigtiature of -Ftnitlol 'er-T
very application for action by the Board shall be made on a form approved
y -the Board. Thege forms shall be furnished by the Clerk upon request.
ny communication purporting to be an application shall ))e treated as mere
otice of'intention to seek relief until su . ch. time -as it is -made on the
fficial application form. All. information *called -for by the form shall
e furnished. by the a.pplicant in the manner 'therein,.:prescr lbed.
very -application shall be submitted with ti list of -."Parties in Interest'
hick list shall -include the petitioner,abUtters, owner-- of land directly
pposite on any public or private street or way, and abutters to the
butters *wi thin' three hundred feet ( 300'. ) of the property line of the
atitfoner* as they appear. on the most recent applicable tax list,
otwithstanding that the land of any such owner is located it, another city
r town, the Planning Board. of the city or town,. and
the planning Board of,:
very abutting city or town.
Every application shall be submitted wit:h an application charge cost ill
he amount- of -$25-00. In addition, the petitioner shall be' responsible
or any. and all costs involved in bringing the petition before the Board.
uch-costs shalt include Wailing and publication, but are not necessarily,
imited to these.
very application shall be submi.tted with a plan of land approved by the
oard.- No petition will be brought before the Board -unless said plan has
-een submitted. Copies of the Board's requirements regarding plans are
ttached'hereto or are available from the Board of Appeals upon request.
Name
LIST OF PARTIES IN INTEREST
-See.Attached .L'iSt
Address
LIST OF PARTIES OF' INTEREST
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Robert & Kathleen Olenio 292 Salem Street, N. Andover
Rene L & Mary H Fugere 202 Marbleridge, N. Andover
Dominic & Rath Giarruso 318 Salem Street, N. Andover
Josephine Cristaldi 14 Appleton Street, N AndovE
John Jeknavorian 5 Ap leton Street, N. Andovei
David & Doris Brucato 44 Appleton Street, N. Ando v(
Harry Bourquin 200 Marbleridge St., N. Ando\
Lawrence J & Cvnthia D r.. White - �� Eficr 11 �1, Andes,
Charles & Jean M. Camasso 338 Salem Street, N. Andover
John T & Caroline E McLoughlin 327 Salem Street, N. Ando\
F4
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°� �lORTIy"
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� OFFItES OF: or' °°m Town Of 120 Main Street
BUILDING NORTH ANDOVER North Andover
CONSERVATION Massachusetts o 1845
HEALTH @°"°"�9Q, DIVISION OF (508) 682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, IDIRECTOR
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Christian C. Huntress, Town Planner
DATE: December 11, 1989
RE: Watershed Protection District, Giarusso Property
After review of the Watershed' Protection District found in the
Zoning Bylaw, staff has determined that the attached procedures
should be followed for construction of any kind within that zone.
With regard to the petition currently before your board for the
Giarusso property, it is the opinion of the staff that this
application should also follow this set of procedures. I would
like to ask your board that any decision made on this property
include a condition that the applicant apply to the Planning
Board for a Special Permit as required by section 4.135 of the
Zoning Bylaw.
Thank you.
cc: D. Robert Nicetta, Building Inspector.
Karen H.P. Nelson, Director, DPCD.
Richard Doucette, Conservation Administrator.
OF NON T„ 1
2 ,... ,. •1.00
OFFICES OF: O
BUILDING 4
CONSERVATION
9
HEALTH
PLANNING
Town of
NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
WATERSHED PROTECTION DISTRICT
OUTLINE OF PROCEDURES FOR SUBMITTAL
For construction or regrading within 100' of a]I re::ource areas,
or within 250' of the high water mark of Lake Cochiclrewick.
12 copies of all information required below shall he submitted to
the Town Planner prior to, or at the time of the applicant's
submittal.
a. Complete Boundary Survey of the lot or parcel.
b. Name/Description of Project.
c. Location of all wetlands.
d. Distance from wetlands to all construction or regrading.
e. Building location.
f. Location of Parking/Walkways
g. Location of Walls/Signs.
h. Location of Roadways/Drives
i. Zoning Information
J. Topography
k. Easements/Legal Conditions
I. North Arrow/Locus Map.
1. Conservation Commission
Any person proposing construction or regrading within ]oo'
of a bordering vegetated wetland shall submit a Notice of
Intent to the Conservation Commission.
2. Zoning Board of Appeals
The applicant shall apply to the North Andover Zoning Board
of Appeals for a variance to perform construction or
regrading of any kind within 100' of a tributary, or 250' of
the highwater mark of the lake.
3. Planning Board
If the applicant succeeds in securing a variance from the
Zoning Board of Appeals, then they shall submit an
application for a Special Permit to the Planning Board. The
application shall be for construction or regrading within
the Watershed Protection District.
ii For any discharge within 325' of a resource area or high water
mark of Lake Cochichewick.
Submittal requirements as listed above will be necessary, along
with the addition of the following material:
a. Evidence of approval by the Mass. Dept of Environmental
Protection (DEP) of any industrial waste treatment or
disposal system or any waste treatment system of fifteen
thousand (15,000) gallons per day capacity.
b. Projections of down gradient concentrations of nitrogen,
phosphorous and other relevant chemicals at property
boundaries and other locations deemed pertinent by the
Planning Board, prepared by a registered Professlonal
Engineer, or other Environmental Scientist, who is qualified
to make such projections by education and experience in the
science of hydrology and hydrogeology.
1. Zoning Board of Appeals
The applicant shall apply to the North Andover Zoning Board
of Appeals for a variance to construct a surface or sub
-surface discharge system of any kind, including but not
limited to the following: Storm water runoff, domestic or
industrial waste water, drainage of any roadway drat is
maintained by the Department of Public works or any private
association, outlets of all drainage Swale.^•, outlets of all
detention ponds, and septic systems including leaching
facilities.
2. Planning Board
If the applicant succeeds in securing a varianco from the
Zoning Board of Appeals, then they shall submit an
application for a Special Permit to the Planning Board. The
application shall be for construction of a surface or sub
-surface discharge system of any kind. All septics sy.^.tem
shall submit to and receive approval from the North Andover
Board of Ilealth
PLEASE. DIRECT ALL QUESTIONS WITII REGARD 7'0 1'1115 I'IiOCi::: 7'0 7'111'.
FOLLOWING:
Mr. Christian C
►firv;. h—A n....
1 2( ) Malin Street
N<lrll l Anf If leer
M<ISSZKJ 11Se11S 01845
(508) 682-6483
OF NORTH Hti
•d
O ryy��e P
Y � I•S �`-; y M
��9SSACNUSE�ty M
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 7, 1990
Lawrence Eagle -Tribune
P. 0. BOX 100
Lawrence, MA 01842'
RE:. Publication of Legal notice in paper on September 25 & October 2, 1989
Dear Sir:
The payment for publication of this legal notice is the responsibility of
Attorney Domenic Scalise, 89 Main Street, North Andover, MA 01845. He
had this published for his client, David H. Pickles, Sr., Trustee of
Salem St. Realty Trust requesting a variance from our Board.
Please send a bill to Attorney Scalise directly. Thank you.
Sincerely yours,
BOARD OF APPEALS
Audrey V Taylor
cc: Attorney D. Scalise
AWT
F
-1•. 68264830300
NO:ANDOVER BOARD OF APPEALS
-120,.MAIN ST`.
.NO,AND OVER. MA 01845
PLEASE.:RETURN"STUB�WITH CHECK: DATE: 01/31/90
SATE CCA IT ON ITEM —DESCRIPTION TIMES RATE CHARGES NET
ITEMS CREDITS BALANCE
SPACE AMOUNT
IAN EAGLE -TRIBUNE PUBLISHING CO. BALANCE FORWARD
90-120 DAYS
I
61.56 1 1 81056
LOCAL DISCOUNT $ V. UU
CLASSIFIED DISCOUNT $ U. u1i
IF DISCOUNTED, AMOUNT OF CHECK SHOULD BE $ 81.56
DISCOUNT ALLOWED, IF NO PAST DUE ACCOUNT, AND PAID BEFORE 15TH DAY OF THE MONTH FOLLOWING INSERTION. NET 30 DAYS
lAiiienee EaglelWbune
Box 100 Lawrence, Massachusetts 01842 Telephone (617) 685.1000
F
-1•. 68264830300
NO:ANDOVER BOARD OF APPEALS
-120,.MAIN ST`.
.NO,AND OVER. MA 01845
PLEASE.:RETURN"STUB�WITH CHECK: DATE: 01/31/90
SATE CCA IT ON ITEM —DESCRIPTION TIMES RATE CHARGES NET
ITEMS CREDITS BALANCE
SPACE AMOUNT
IAN EAGLE -TRIBUNE PUBLISHING CO. BALANCE FORWARD
90-120 DAYS
I
61.56 1 1 81056
LOCAL DISCOUNT $ V. UU
CLASSIFIED DISCOUNT $ U. u1i
IF DISCOUNTED, AMOUNT OF CHECK SHOULD BE $ 81.56
DISCOUNT ALLOWED, IF NO PAST DUE ACCOUNT, AND PAID BEFORE 15TH DAY OF THE MONTH FOLLOWING INSERTION. NET 30 DAYS
A
v
hall be filed .
Any apo - s s after the
Wlt-in t^Ol dal this Not►ce
of ;l.ing °t the Town
date in the 0't.-Ing
°f
Clerk.
David H. Pickles, Sr., Trustee
of Salem St. Realty Trust
% Domenic J. Scalise, Esq.
89 Main St.
N. Andover, MA 01845
�,•4P4�0
' .ti0g� l i � �,, f iir .
1855 i
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
November. 16, 1989
Date ............................
Petition No.....81-89.............
Date of Hearing... November 14, 1989
Petition of .... David.H.. Pickles,. Sr., Trustee of Salem St. Realty. Trust
Premises affected ........ Lot ,B, . Sale.m .Street..................................................
Referring to the above petition for a variation from the requirements of the ......
.Section 4, Paragraph 4.135(3)d of the Zoning Bylaw
...........................................................................................
so as to permit . construction of small single family dwelling within '
........100....of...a ......
tributary of Lake Cochichewick'
........................................................................................
After a public hearing gi'ven on the above date, the Board of Appeals voted k ............ x
allow the petitioner to WITHDRAW WITHOUT PREJUDICE
.................................. ii &)MDL4xx 4mx bmxxkmmkoA'xkAmwxgxxxx
i1 fr �I ��'s v ' r` V ri�..i._ s�'s�Y��iViri�i�.�.L i � v i► 7i v.�� r , 't 1. .. 1
Signed ll (J
..........Frank. S.e.rio, . Jr...,. Chairman ....
..........Walter. S.oule ....................
.........Anna.O.'Cannor.................
.......Louis.R.i.ssin.................
......... I .......... I ... I......
Board of Appeals
1
d
n�` be {ilea
�.a
nny
'°
aP'1201 �,�is t�
in ink ° o{ the 1°NN �
ate °{
t{i'� e
in the{{,c
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, NORTH H
01 410
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K y�ss,q USEt�h K
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Imo•_: ��
********************************
*
David H. Pickles, Sr., Trustee
of Salem St. Trealty Trust
% Domenic J. Scalise, Esq.
*
89 Main Street
*
N. Andover, MA 01845
********************************
OF APPEALS
Petition #: 81-89
DECISION
The Board of Appeals held a regular meeting on Tuesday evening, November 14,
1989 upon the application of David H. Pickles, Sr., Trustee of Salem Street
Realty Trust requesting a variation from the requirements of Section 4,
Paragraph 4.135(3)d of the Zoning Bylaw so as to permit construction of a
small single family dwelling within 100' of a tributary of Lake Cochichewick
on the premises located at Lot B, Salem Street. The following members were
present and voting: Frank Serio, Jr., Chairman, Walter Soule, Anna O'Connor
and Louis Rissin.
The hearing was advertised in the Lawrence Eagle Tribune on September 25
and October 2, 1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted,
unanimously, to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE.
The petitioner was advised by the Board to resubmit his application with
the correct detailed plans, so the Board can consider this petition at
its next meeting.
Dated this 16th day of November, 1989.
/awt
Sincerely,
BOARD OF APPEALS
O2 et G -
Frank Serio, Jr
Chairman
f NORTH 9
O taco ,y� ti0
2 6�
O n M
'Li9sSA U5�t 5
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 8, 1990
Attorney D. Scalise
89 Main St.
N. Andover, MA 01845
RE: Legal notice ad in Lawrence Tribune for Pickles
Dear Dom:
The enclosed statement from the Tribune is for the legal notices for the
David Pickles case you presented to our Board on October 10, 1989.
Please take care of this bill.,so that the Town of North Andover will no
longer be charged for it.
Thank you for your immediate attention to this matter.
Sincerely,
BOARD OF APPEALS
W • � l2r.
Audrey Waylor
Secretar
fl,
Rnc.
/awt
OFFICES OF:
iAPPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
x
0
�a
F NORM ..0
°m Town of I20 laill"et'`�
North Andover
y •. ....... NORTH ANDOVER Massachusetts 0 184
HU6Et40 DIVISION OF (508) 682.6483
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
Joseph Borgesi
J.J.B. Associates, Inc.
145 Marston Street
Lawrence MA 01841
Dear Mr. Borgesi:
November 7, 1989
Re: File #242-513
I have reviewed the copy of the letter from Kopleman and
Page, Town Counsel, that was submitted to the Conservation
Commission regarding the applicable zoning on Mr. Giarusso's lot.
This letter does not seem to support Mr. Foster's belief that
prior zoning is in effect, eliminating the need for a special
permit under Section 4.135 of the Zoning Bylaw.. First, this
letter does not specifically refer to Mr. Giarusso's lot as the
Commission was initially led to believe. Second, the letter
specifically states in section (2):
"...the use of land... is governed by the zoning bylaw in
effect at the time of submission of such plan for a period
of three years. However the Massachusetts caselaw
interpreting this section of the Zoning Act makes clear that
ANR endorsement protects land only from changes in use and
does not offer protection from other zoning changes."
The Watershed Bylaw (section 4.135) is not a control of use
and therefore is not necessarily grandfathered for 3 years. It
is my interpretation that the letter submitted by Mr. Foster is
not applicable to this filing. Therefore, the applicant must
file for a Special Permit with the Planning Board. I have
discussed this with the Town Planner and the Director of Planning
and Community Development and we are in agreement on this issue.
The North Andover Wetland Protection Bylaw states that the
Conservation Commission may reject any Notice of Intent if all
local approvals have not been applied for. Please see that all
parties representing Mr. Giarusso come to some agreement on this
before the next Conservation Commission meeting on November 15,
1989.
Finally, as we discussed last week, I believe it is possible
(with minor lot line changes) to locate all construction for this
project outside the 100' buffer zone from wetlands. If this can
be accomplished there will be no.need for a Notice of Intent or a
Variance. I believe a Special Permit would still be required
under Section 4.135(5)(b) of the Zoning Bylaw to construct the
septic system in the non -discharge zone. A new septic design
would require new perc tests in the spring. This would not only
protect the interests of the Watershed Bylaw and the Wetlands
Bylaw, but also save Mr. Giarusso further cost and red tape.
Sincerely,
Richard P. Doucette
Conservation Administrator
CC : Charles Foster
Karen Nelson
Chris Huntress
LEONARD KOPELMAN
DONALD G. PAIGE
ELIZABETH A. LANE
JOYCE FRANK
JOHN W. GIORGIO
BARBARA J. SAINT ANDRE
JOEL B. BARD
RICHARD J. FALLON
GEORGE M. MATTHEWS
JAMES A. DYREK
EVERETT J. HARDER
JANE M. O'MALLEY
KAREN V. KELLY
COLLEEN B. WALKER
SONDRA M. KORMAN
ANNE -MARIE M. HYLAND
RICHARD BOWEN
CHERYL ANN BANKS
KOPELMAN AND PAIGE, P.C.
ATTORNEYS AT LAW
SUITE 1000
77 FRANKLIN STREET
BOSTON, MASSACHUSETTS 02110
Members of the Planning Board
North Andover Town hall
120 Main Street
North Andover, MA 01845
Re: Sideri - Special Permit
Dear Members of the Planning Board:
August 29, 1989
(617) 45107:10
FAX 451,1063
You have requested an opinion concerning a special permit
application filed for the construction of a single-family
residence. Specifically, you would like to know (1) whether
Parcel B is grandfathered so as not to be subject the dimensional
requirements of the current zoning bylaw, and (2) what effect the
September 26, 1986 ANR endorsement of a plan for this property
has on the zoning governing Parcel B.
We have been provided with a very limited set of facts.
These questions appear to involve the timing of an ANR
application, several relevant zoning amendments, and the possible
conveyance of property. On the special permit application form,
the applicant claims that the lot is "dimensionally
grandfathered," but does not elaborate.
I understand that, on November 26, 1986, the Board endorsed
an ANR plan submitted by Warren and Joya Sideri. Such plan shows
the creation of two parcels, known as Parcel A and Parcel B,
which at the time of endorsement were both owned by the Sideris.
During the period from 1985 until 1988, the Town imposed a
building moratorium in the Watershed District in which these
parcels are located. The Sideris now seek a special permit
pursuant to Section 4.135 of the zoning bylaw for the
construction of a single family residence on Parcel B.
(1) Is Parcel B grandfathered so as not to be subject to
the dimensional requirements of the current zoning
bylaw?
,LMAN AND PAIGE, P. C.
to
Members of the Planning Board
August 30, 1989
Page 2.
Ms. Karen Nelson, Director of Planning and Community
Development, has informed me that in May, 1987, the zoning bylaw
was amended to require a minimum lot size of two acres within a
R-2 district. However, Parcel B as shown on the ANR plan
includes only 54,962 square feet of area.
The applicants have stated that Parcel B is "dimensionally
grandfathered under the provisions of M.G.L. Chapter 40A." In
order for Parcel B to be entitled to grandfathered status under
G.L. c.40A, §6, paragraph 4, such land must have been held in
separate ownership from any adjoining land at the time the zoning
changed in May of 1987. The burden to show that Parcel B was
held in separate ownership at such time lies with the Sideris.
In my opinion, if the Board is satisfied that the applicants have
met this and the other requirements of G.L. c.40A, §6, paragraph
4, then Parcel B will be goy;erned by the dimensional zoning
requirements in effect prior to the zoning change.
(2) What effect does the September 26, 1986 ANR endorsement
of a plan for this property have on the zoning
govern in-g.-Pa+ree2 -B?`�
Pursuant to G.L. c.40A, §6, paragraph 6, the use of land
shown on an endorsed ANR plan is governed by the zoning bylaw in
effect at the time of the submission of such plan for a period of
three years. However the Massachusetts caselaw interpreting this
section of the Zoning Act makes clear that ANR endorsement
protects land only from changes in use and does not offer
protection from other zoning changes. Bellows Farms, Inc. v.
Building Inspector of Acton, 364..,,,Mass..,-253... J1973).
This -period of zoning protection will not commence until the date
a moratorium is lifted. As the Sideri ANR plan was submitted and
endorsed during a building moratorium, it is my opinion that the
use of Parcel B will be governed by the use provisions of the
1985 zoning bylaw until 1991.
If you have further questions in this regard, do not
hesitate to contact me.
Very truly yours,
Joel B. Bard
JBB/CAB/kac
cc: Board of Selectmen
41
THE ZONING BY LAW
TOWN OF NORTH ANDOVER, MASSACHUSETTS
1972
Reprinted 1987
IPA
leH�w►ett" 1�
Rq rl o apR
PLANNING BOARD
(8) Premises of a bank, post office, telephone ex-
change or telephone business office, local bus
passenger station, or business office buildings.
By Special Permit, an automobile service and
filling station, a diner, a restaurant, a retail
food store, but no other retail stores of any
kind.'
(9) Warehousing and wholesaling.
(10) Lumber or other building materials storage or
sales, fuel storage, or contractor's yard, pro-
vided all outdoor uses are enclosed by a fence
of five (5) feet or more in height.
(11) Bus garage.
(12) Any accessory use customarily incident to any of
the above permitted uses, provided that such
use shall not be injurious, noxious, or offen-
sive to the neighborhood.
(13) a) Farming of field crops and.row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
b) On any lot of at least three (3) acres, the
keeping of not more than three (3) of any
kind or assortment of animals or birds in
addition to the household pets of a family
living on such lot, and for each additional
acre of lot size to nine (9) acres, the
keeping of one additional animal or bird;
but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
c) On any lot of ay least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(14) Day Care Center by Special Permit (1985/23)
4.135 Watershed District
(1) Purpose:
Y
(8) Premises of a bank, post office, telephone ex-
change or telephone business office, local bus
passenger station, or business office buildings.
By Special Permit, an automobile service and
filling station, a diner, a restaurant, a retail
food store, but no other retail stores of any
kind.'
(9) Warehousing and wholesaling.
(10) Lumber or other building materials storage or
sales, fuel storage, or contractor's yard, pro-
vided all outdoor uses are enclosed by a fence
of five (5) feet or more in height.
(11) Bus garage.
(12) Any accessory use customarily incident to any of
the above permitted uses, provided that such
use shall not be injurious, noxious, or offen-
sive to the neighborhood.
(13) a) Farming of field crops and.row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
b) On any lot of at least three (3) acres, the
keeping of not more than three (3) of any
kind or assortment of animals or birds in
addition to the household pets of a family
living on such lot, and for each additional
acre of lot size to nine (9) acres, the
keeping of one additional animal or bird;
but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
c) On any lot of ay least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(14) Day Care Center by Special Permit (1985/23)
4.135 Watershed District
(1) Purpose:
The Watershed District surrounding Lake Cochich-
ewick, our source of water supply, is intended
to preserve and maintain the filtration and
purification function of the land, the ground
water table, the purity of the ground water and
the lake, to conserve the natural environment
and to protect the public health, safety, and
welfare.
(2) Prohibited Uses:
a) Dumping trash, rubbish, garbage, wood
stumps, peat, junk, or other waste
materials, underground steel storage tanks
for petroleum products shall be prohibited.
(1985/13)
(3) Dimensions and No Build Requirements:
a) Boundaries of the Watershed District are
designated specifically on the certified
North Andover Watershed Map, 1978, and
are shown on the Zoning Map. These maps
are hereby made a part of this By -Law and
are on file in the office of the Town Clerk.
b) When the Watershed District boundary divides
a lot of record on June 26, 1978 in one
ownership, all the zoning regulations set
forth in this Zoning By -Law applying to the
greater part by area of such lot so divided
may, by Special Permit, be deemed to apply
and govern at and beyond such Watershed
District boundary, but only to an extent not
more than one hundred (100) linear feet in
depth (at a right angle to such boundary)
into the lesser part by area of such lot so
divided.
c) A no -cut buffer zone shall exist one hundred
fifty (150) feet horizontally from the
annual mean high water mark of Lake Cochich-
ewick and twenty-five (25) feet horizontally
from the edge of all tributaries in the
Watershed.
d) No construction shall occur two hundred
fifty (250) feet horizontally from the
annual mean high water mark of Lake
Cochichewick and one hundred (100) feet
.horizontally from the edge of all tribu-
42
taries. The intent herein is dimensional
and the North Andover Board of Appeals shall
grant variances upon a showing of
substantial hardship owing to the soil,
shape or topography of the land, including
the right to cross such tributaries.
(1985/14)
(4) Lake Cochichewick Preservation Amendment
(1985/12)
a) Notwithstanding anything contained in this
bylaw to the contrary, no permits shall be
issued for the construction of any new
building, structure, road or driveway or for
earth removal except for the proposed
municipal water filtration plant, within the
Watershed District for a period of three (3)
years from the effective date of this
amendment to the 1988 Annual Town Meeting.
(1987/29) .
b) This amendment shall not apply to any
renovation, alteration, or addition to an
existing building, structure,' road,
driveway, or any structure in 'agricultural
or horticultural use.
c) A use variance may be granted by the Board
of Appeals for the issuance of a building
permit within this three-year period but not
for a use not otherwise allowed by the
distrist regulations.
4.136 Flood Plain District
(1) Flood Plain District
The Flood Plain District is herein established
as an overlay district. The underlying per-
mitted uses are allowed provided that they
meet the Massachusetts State Building Code
dealing with construction in floodplains and
the following additional requirements. The
Flood Plain District includes all special
flood hazard areas designated as Zone A,
Al -30 on the North Andover Flood Insurance
Rate Maps, (FIRM), and the Flood Boundary
and Floodway Maps, dated June 15,.1983, on
file with the Town Clerk, Planning Board,
Conservation Commission, and Building
43
S
y� NOR1M
0
ti r
SACMUS�t��
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
j
Date:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ ,� �� for the following: \
Filing Fee $ I
0 `
Postage 0
?k �yl \ ,�
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. TaylorJ, Clerk