HomeMy WebLinkAboutCorrespondence - 1600 GREAT POND ROAD 2/7/1994 r:,10PT/,ry
KAREN H.P.NELSON Town of 120 Main Street, 01845
Director o (508) 682-6483
BUILDING �,'•o ..�6 NORTH ANDOVER
CONSERVATION @8'° SE DIVISION OF
PPLLANNN
HEALTH PLANNING & COMMUNITY DEVELOPMENT
November 17, 1993
Mr. Bert Iannazzo
1600 Great Pond Rd.
North Andover MA 01845
Dear Mr. Iannazzo:
Recently while driving by your property on Great Pond Rd. I
noticed that extensive landscaping, earth moving, and the
construction of a wall was taking place within the 250 ' non
disturbance zone of Lake Cochichewick. This work appears to be in
addition to the previously reported sewer connection (we are still
waiting for the As-Built) .
Please be advised that this new construction requires a
special permit from the Planning Board since it will cause a change
in topography [Section 4. 136(5) (a) (1) ] and since it requires
vegetation removal or cutting [Section 4 . 136 (5) (a) (2) ] . Please
contact Kathleen Bradley Colwell, Town Planner, at the above number
within one week. She will assist you in the special permit
application process.
I would appreciate your timely response to this issue.
Sincerely,
l \ `
�)& dev
Richard P. Doucette
( Conservation Administrator
Town of North Andover
i
1
i q
9
t
t> 1 4 11
_.,
u
,
a�
t ,
CO
Ic
�.e6 �mJ
t� o, Cy
v a�
l ' I
Jr Of � O I ,�o lr,. Al �
i
r
o. 4/i t �, Teci-itq!cv,L
Caur,daiiaru 2 �0
ly
1 / ;� r
In
Al D
it.. 0, d a 47 � • '� ',
��E' (c(a��
c�.- l idsya, S7 " s
f ". ti'.,.3 5 6 1,jn' .
�. � . . LANE
14 , ZK: �l 7 r 15
mc
t -
A
r
-
5 '
s pm
r
°F NONTM,�
KAREN H.P.NELSON
Director Town Of 120 Main Street, 01845
<:r NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION ee,CR„5E, DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
December 8 , 1993
Mr. Bert Iannazzo
1600 Great Pond Road
North Andover, MA 01845
Re: Work within the Watershed Protection District
Dear Mr. Iannazzo,
The Planning and Community Development Department has still
not received a plan for work on your property in the Watershed
Protection District. We requested it when we first noticed earth
and vegetation removal on-site in August. When we spoke on
November 22 you assured me that no work was being done beyond the
filling in of your septic system and that you would send me a
plan immediately so that I could confirm the extent of work. I
have not received any plans.
From on-site inspections, it appears that the work requires
a Watershed Permit as your entire property is within the Non-
Disturbance Zone of the Watershed Protection District. Therefore
I request that you stop all work on site until I have reviewed a
plan and until such time as you receive a Watershed Permit if one
is determined to be necessary.
Please call me as soon as possible to arrange a time to
review the plans. I can be reached at 682-6483 ext. 24 .
Sincerely,
Kathleen Bradle Colwell
Town Planner
CC. K. Nelson, Dir PCD
R. Doucette, Cons Admin
R. Nardella, Chair PB
Town of North Andover NORTH
OFFICE OF 3�ot,,` o , ��
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street
o
North Andover, Massachusetts 01845
WILLIAM J. SCOTT SSACHUS�
Director
January 15, 1997
Mr. Bert Iannazzo
P.O. Box 34
North Andover, MA 01845
RE: EXTENSION REQUEST- #1600 Great Pond Road (DEP #242-688).
Dear Mr. Iannazzo:
I am in receipt of your written request for an Extension Permit for the above referenced
Order of Conditions. The comments which follow correspond to the permit:
1. CONDITION #5: The Order of Conditions is scheduled to expire on
February 9, 1997. All Extension Permit requests must be made within 30
days prior to the expiration date of the Order with a$50.00 filing fee. Your
request for an extension was received by this Department on January 14, 1997
(26 days from expiration) and absent the $50.00 filing fee. Please forward
payment to this Department immediately and I will schedule you for a public
hearing with the North Andover Conservation Commission (NACC).
2. In your correspondence you state that the previous Conservation
Administrator "instructed you to wait at least twenty four (24)
months...before scheduling with the Engineer." This statement is somewhat
confusing; the North Andover Wetland ByLaw and Regulations require that
a wetland restoration area survive two growing seasons (i.e. two years) prior
to receiving a Certificate of Compliance. "As-Buile' plans can be completed
at any time. I believe this was Mr. Doucette's intent.
3. You have requested that the NA extend your.,special permit' . This is a
permit issued by the Planning Board not the Commission. As a result, I have
forwarded your request to the Town Planner, Kathleen Colwell, for review. I
would strongly suggest that you contact her directly at (508) 688-9535.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
4. CONDITION #31: You state that"the project was complete in August 1994."
In order to receive a Certificate of Compliance please submit a letter from a
Registered Professional Engineer or Land Surveyor certifying compliance
with the Order of Conditions and the approved plans (dated REV 1/12/94).
In addition, a stamped As-Built plan is required depicting distances from
structures to wetlands and a line showing the limit of work which includes
any disturbance of soils or vegetation.
If you have any questions or concerns please do not hesitate to contact me.
MDHoand
Conservation Administrator
encl.
cc: DEP-NERO
NACC
Kathleen Colwell,Town Planner
file
310 CMR 10.09
Form 5 oEP F"NO. 242-688
(To UY oM
- - Commonwealth GN•T°"'"
North Andover
of Massacnusetts Bert Iannazzo
AWticant
1600 Great Pond Road
Order of Conditions
Massachusetts Wetlands Protection Act
C.L. c. 131 , §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CONSERVATION COMMISSION
To Bert & Ruth Iannazzo Same
(Name of Appiicant) (Name of property owner)
1600 Great Pond Road
Address North Andover. MA 01845 Address -
This Crcer is issued and delivered as follows:
❑ by hand delivery to accficant or representative on ®G�� (date)
by certified mail. return receict recuestec on (date!
This or olect is located at 1600 Great Pond Road
The::rcoerty is reccrced at the Rectstry of Deeds North Esse
Booms 1452 Page 147
Cenrticate (if re^_tstered)
The Notice of Intent for this cro}ec:was filet on January 21
The oublic nearing was closed on February 2, 1994 (date)
Findincs
The NA .0 has reviewed the above-reierencec Notice of
Intent anc clans an:nas neio a cuofic.neannc do the c:c}ec:. aasee on the information avatiam!e to the
NACC at this time. the NAC , has determined that
Me area on wnicn the oroeosed work is to be cone is significant to the following interests in acc:;rcance with
the presurr.=:ions of Significance set icnh in-me re;uiaaons for each Area Suo}ec:to Protec::on Uncer trie
Acc,:(=eck as=z:rccnate): Ch. 178 �K Prevention of erosion and sedimentation
Pubiic water suea!y Fiood control Ll Land ccntwnine snelifisn
Pnvate water supply Storm camace orevention Q Fisheries
Ground water supply Prevennon of pollution Prote^cn of wiidlifa habimt
Ch. 178 (V1 Wildlife Ch. 17F ecre tion
Total ruing Fee Sunmrned Slate Shar t S n
MvwTownrShare $�n nn (t/= fea in excess c: SZS)
Total Retuna Due S C:iv/Town Pcr;on S State Portion 13
i
tCtal) 2 tmal)
(�2
2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. 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 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 one
year from the date of this Order.
5 . This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6 . Where the Department of Environmental Protection 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.
7 . The proposed work includes the restoration of the buffer zone,
and a small portion of bordering vegetated wetland, which was
disturbed by landscaping. This work was completed by the
landowner without permits, immediately adjacent to the public
water supply. The landscaping included the reconstruction of a
driveway, new pavement and a new wall; as well as removal of
vegetation and the filling of land.
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by B. Iannazzo, received on 1/21/94 .
(b) Plans prepared by Merrimack Engineering date 1/3/94 and
revised on 1/27/94 .
3
9 . The following wetland resource areas are affected by the
proposed work: buffer zone, bank, and bordering vegetated
wetland. These resource areas are significant to the interests
of the Act and Town Bylaw as noted above. These resource areas
are also significant to the recreational and wildlife interests
of the Bylaw. The applicant has not attempted to overcome. the
presumption of significance of these resource areas to the
identified interests. These resource areas are particularly
sensitive since this wetland is immediately adjacent to the
public water supply.
10. The NACC agrees disagrees with the applicant' s delineation of
the wetland resource areas on the site as shown on the plans
submitted. These plans do not show an actual wetland line but an
"Area of Existing Wetlands" which has not been flagged. This
"area" has been isolated from the work by a silt fence. From a
site inspection, at least one small area of wetland has been
discovered which extends above the silt fence approximately 71 .
This encroachment into the bordering vegetated wetland will be
restored by removing the fill (by hand/shovel) , replanting 3-5
highbush blueberry and/or sweet pepperbush shrubs (12-24" in
height) in the newly-restored area, and moving the silt fence
above this area. Also, the wetland line is lower (closer to the
lake) than is shown on the plan.
11. 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.
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to complete the
landscaping/driveway project will cause further alteration of the
wetland resource areas. In order to prevent any alteration of
wetland resource areas beyond those proposed in the Notice of
Intent and approved herein, a twenty-five (25) foot no-
disturbance zone shall be established from the edge of the
adjacent wetlands. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. See Appendix
5 of local Regulations. To clearly define this no-disturbance
zone, the landowner may landscape and continue to maintain a 10 '
strip of land adjacent to the edge of pavement, between the
pavement and the Lake. This 10 ' landscaped strip will be
narrowed to approximately 8 ' to provide the 251no-disturbance
zone from the encroachment area noted in condition #10 above.
14 . The above condition will require the removal of
approximately 2 ' -3 ' of fill placed in the buffer zone (and a
small portion of BVW) adjacent to the silt fence. All fill
4
material must be removed from within 25 ' of the bordering
vegetated wetland and this buffer zone must be replanted with at
least three species of trees and/or shrubs which can be found in
the immediate vicinity (including red maple, shagbark hickory,
red oak, highbush blueberry, sweet pepperbush) . Plantings will
be spaced no further than 10 ' on center. This area will also be
planted with shade grasses and/or wildflower mix to stabilize the
soil. (Bark mulch is not recommended. ) This restored buffer
zone will not be mowed or otherwise maintained. It will therefore
not be considered a "landscaped area" under the Watershed
Protection District of the Zoning Bylaw. This condition shall
survive the issuance of a certificate of compliance.
PRIOR TO CONSTRUCTION
15. 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 or Court
have been completed.
16. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. 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.
17 . 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 242-688" .
18 . Any changes in the submitted plans caused by the applicant,
another Board' s decision or resulting from this Order of
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. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
5
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
19 . 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.
20. The siltation fence shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the
direction of the NACC.
21. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 20 hay bales
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
22 . A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $500. 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 local Bylaw.
DURING CONSTRUCTION
23 . Upon beginning work, the applicant shall submit written
progress reports every month detailing what work has been done in
or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction
sequence.
6
24 . No regrading in the buffer zone shall have a slope steeper
than 2 : 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
25 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
26 . 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.
27 . 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 within one (1) business day. 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.
AFTER CONSTRUCTION
28. 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's Wetland Protection ByLaw.
29 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, 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' s Wetland Protection ByLaw.
30. 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
loaming and seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
31. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
or Land Surveyor certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved
revisions) . A stamped "As-Built" 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:
7
a. Distances from structures to wetlands .
d. A line showing the limit of work. "Work" includes
arty disturbance of soils or vegetation.
32 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14 . The preservation of the 25 ' no-disturbance zone.
27 . Discharge or spillage of pollutants.
28 . Prohibition of storage of fuels underground.
29 . Limitations on the use of fertilizers , herbicides
and pesticides.
Issued By North And_pveT Conservation Commission
i
Signature(s)
w � G
v
This Or m st be signed by a majority of the Conservation Commission.
On this rid— day of �� 19�, before me
personally appeared
Ell) e ,E7C� , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he./she executed
the same as his/her free act and deed.
Notary Public My commission expires
The apClicant.Ina owner.any person aggrieved by this Order,any owner of land abutting the land upon which the propesec work is to be
cone,or any ten residents of the city or town in which such land is located,are hereby notified of their ngnl to request Ina Department of
Environmental Protection to issue a Superseding Order, providing the reauest is made by certified mail or hand delivery to the Department.
with the appropriate filing tee and Fee Transmittal Form as provided in 310 CMR 10.030,within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand eeltvery 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 Nnrth AndnvPr Cnnsp=at- i nn Comm;cci nn 'ssu.ng hutnornv
Please be advised that the Order of Conditions for the project at 1600 Great Pond Road
;de Numoer 242 688 has been recorded at the Registry of Deeds, North Essex and
has been noted in the criatn of late of the affected oroperty in accordance with General Condition 8 on t 9
If recorded land. the Instrument numoer which Idenoftes mts transaction Is
If registered land, the document number which identifies this transaction is
Acpt'cow
S cnaiure
5.4A
Town of North Andover f FORTH
OFFICE OF 3� �� ,.16 OOL
COMMUNITY DEVELOPMENT AND SERVICES ° :' A
* -
146 Main Street • i
North Andover, Massachusetts 01845 °��,,,o 0.WILLIAM J. SCOTT 7 CHU50-
Director
January 16, 1997
Mr. Bert Iannazzo
1600 Great Pond Road
North Andover, MA 01845
Re: Watershed Special Permit
Dear Mr. Iannazzo,
I am in receipt of your letter of January 13, 1997 requesting an extension of your watershed
special permit. Unfortunately your special permit expired on February 7, 1996 and therefore
cannot be extended. As required by the permit, please demonstrate that you have complied with
the following conditions as soon as possible:
• The decision must be filed with the North Essex Registry of Deeds and a copy of the recorded
document submitted to the Planning Office.
• All work shown on the approved plan, " Site Development Plan showing Proposed
Landscaping as 1600 Great Pond Road, No. Andover, Massachusetts", prepared for Bert
Iannazzo, Jan. 3, 1994, rev. 1/12/94, scale 1" =20', prepared by Merrimack Engineering
Services, 66 Park Street, Andover, Massachusetts, has been completed.
If you are unable to demonstrate the completion of these items in a timely manner I will forward
this issue to the Building Inspector for further review as he is the enforcement officer for actions
under the Zoning Bylaw.
If you have any questions please do not hesitate to call me at 688-9535.
Very truly yours,
�Q�" (Sd�
�
Kathleen Bradley Colwell
Town Planner
cc. M. Howard, Conservation Admin.
R. Nicetta,Building Insp.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t
9 January 13, 1997
i�GriFE� n ;(svi� P.O. Box 34
- N. Andover, MA 01845
Michael Howard
Town of North Andover
North Andover Conservation Commission
146 Main St.
North Andover, MA 01845
RE: Property Address: 1600 Greatpond Rd. �/
DEP File#: 242-688
Bond Amount: $500.00 -� _ Z� 11 (,n ��
Dear Michael:
I am r a e (12) month extension on my special permit and Order of
onditiorrs DEP it # 24 -688. The notice of intent was originally filed on
January 21, 1994.
his request:
1. My engineer has been unable to schedule a review of my property and create the
letter of compliance before the inclement weather arrived. I am currently attempting to
set a firm date with the engineer.
J
2. The former director of conservation instructed me to wait at least twenty four (24)
I months, to allow the round to settle before scheduling the engineer.9 9 9 . ? �
• The project was complete in August, 1994.
• 24 months wait August, 1996.
O This allowed me onl five months to schedule the engineer.
Kindly exten my special permit and o er of conditions for 12 months.
Please do not hesitate to contact me at 688-1329.
ruly,
Bert lannazzo
f NoHTM
KAREN H.P.NELSON ? Town Of 120 Main Street, 01845
Director
'. NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION
BOHUB� DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
May 11, 1994
Mr. Burt Iannazzo
1600 Great Pond Rd.
North Andover MA 01845
Dear Mr. Iannazzo:
Since I assume you will soon be completing work on your
landscaping, please be advised of the following conditions of the
Conservation Commission's permit:
* Conditions #10, 13 , 14 require the planting/replanting of wetlands
and the buffer zone. These plantings should be accomplished during
the month of May or early June. This will result in the highest
survival rate for the plants. I suggest you initiate the planting
immediately.
* Condition #17 requires the installation of a DEP sign. No such
sign is evident. Please install the sign, visible from the road,
before beginning any additional work.
* Condition #23 requires the submittal of progress reports every
month. Please submit one as soon as work begins.
Sincerely,
Richard P. Doucette
Conservation Administrator
Town of North Andover MA