HomeMy WebLinkAboutDecision - 34 THISTLE ROAD 4/16/2010 NORTH
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CONSERVATION DEPARTMENT
Community Development Division
April 16,2010
Benjamin and Kelly Scott
34 Thistle Road
North Andover,MA 01845
34 Thistle Road, North Andover
Fencing
Conservation Conditions of Approval,NACC #64
Pursuant to section 4.4.2 H of the North Andover Wetlands Protection Regulations,Benjamin and
Kelly Scott,applicants/owners/easement holders, filed a small project request for work proposed at
34 Thistle Road,North Andover. The work consists of installing fencing within the buffer zone of a
Bordering Vegetated Wetland (BVW) and an associated vernal pool, .All work i outside the 50400t
No-Disturbance Zone to the Vernal Pool and 25-foot NDZ to the BVW as shown on the plan
referenced herein. The Conservation Department conducted a field inspection of the site on April 1,
2010 and agrees with the proposed fence location.
During the April 14,2010 public meeting,the North Andover Conservation Commission(NACC)
voted unanimously to approve this project as described above and shown on the record documents
referenced below. The following conditions were hereby mandated for the proposed work:
RECORD DOCUMENTS: Small Project Application
Signed by Kelly Scott
Dated: 3/12/2010;
As Built Site Plan with hand drawn fence line
Prepared by,New England Engineering Services, Inc.
Hand edits by owners
Dated: February 5,2007;
Purchase and Sale Document
Section 29 - granting owners easement over adjacent property
(Lot 43);
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Tax 978.688.9542 Web w"vv.http://w-,xw.to%vliofiiorthaiidover.com/cotiservel.htin
CONDITIONS:
1. All work will be conducted more than 50-feet from the edge of the vernal pool and 25-feet
from delineated Bordering Vegetated Wetlands. No soil disturbance shall occur inside of
the 50-foot or 25-foot No-Disturbance Zones. All fencing shall be placed within previously
maintained lawn area.
2. Access over the 20-foot wide "access, utility and drainage easement", shown on the
referenced plan, shall be maintained through the installation,of either gates or removable
fence sections. Small tracked machinery must have access to maintain drainage structures at
the rear of the property. Access shall be provided to the easement on the south side of the
driveway and at the rear of the yard(western portion of fence).
3. Excess material and debris shall be properly disposed of properly off-site.
4. Upon completion of the approved project and site stabilization, please contact the
Conservation Department for a final inspection.
5. This permit shall expire on October 14,2010.
Please do not hesitate to contact me should you have any further questions or concerns in this regard.
Thank you in advance for your.anticipated cooperation.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
1
i Jennifer A. uglies
\CC nervation Administrator
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.http://wunv.towiiofiiorthandover.com/coiiservel.httn
_tet by 5:00 p.m. on April 13, 2006, terminating this agreement. Upon receipt of suc._
_a agreement shall be void and all monies deposited by the BUYER shall be returned. Failure to
rde timely notice of termination shall constitute a waiver. In the event that the BUYER does not
exercise the right to have such inspection(s) or to so terminate, the SELLER and the listing broker are
released from claims relating to the condition of the Premises that the BUYER or the BUYER'S
consultants could reasonably have discovered.
28. WARRANTIES AND REPRESENTATION ACKNOWLEDGEMENT:
The BUYER acknowledges that he has not relied upon any warranties or representations not incorporated
in this Agreement, except for the following additional warranties and representations, if any, made by the
SELLER:
NONE
29. ADDITIONAL LAND
This purchase and sale is conditioned upon the Seller purchasing Lot 44, Thistle Road, North Andover,
MA. The intent of this purchase of Lot 44, Thistle Road, North Andover, MA is that the Seller anticipates
that the purchase will allow the land of Lot 44 that is adjacent to the left rear yard of Lot 43 to either be
deeded to the Buyer or be part of a exclusive use easement running for the benefit of the Buyer. Said
intent is subject to the compliance with the zoning by-laws of the Town of North Andover. The Seller
agrees to provide a signed copy of the purchase and sale agreement for Lot 44, Thistle Road, North
Andover, MA prior to April 14, 2006. Subject to the zoning by-laws of the Town of North Andover, the
Seller will prepare and provide (provided) to BUYERS a plan for Buyers review that satisfies the Buyers
request in paragraph#9 of the Offer to Purchase prior to April 14, 2006.
36. ADDITIONAL,ITEMS/SPECIFICATIONS
o Seller to finish lower level with full bath, includes plastered walls, 2 x 2 suspension ceiling system,
heat, a/c and carpeting
o Paint color in rooms and front door per BUYER'S request.
o Walnut inlay in dining room flooring.
o Formal walk-thru with SELLER and BUYER within 48 hours +/-of closing. It is anticipated that a
punch list of items will be generated for completion after closing.
31. ADDITIONAL PROVISIONS:
In the event that Buyer chooses extras and/or overages on their allowances as set forth in the
General Specifications, Buyer will be required to pay for the extras and/or overages prior to
ordering and/or installation. Buyer also understands and agrees that said extras and selections may
cause delay due to timliness of selections and availability.
Addendums are incorporated by reference into the purchase and sale agreement. A copy of each
has been provided to the Buyer.
Addendum A—General Specifications
Addendum B—Limited Warranty