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HomeMy WebLinkAboutMiscellaneous - 173 COACHMANS LANE 121 Town of North AndoverF N°oTM OFFICE OF RECEIVED COMMUNITY DEVELOPMENT AND5 �MHAW ER x . 27 Charles Street NORTH ANDOVER `►c9 -,,_ ,>�� North Andover,Massachusetts 01845 ssACNuSEt<y WILLIAM J. SCOTT = MR 10 P 3 34 Director (978)688-9531 Fax(978)688-9542 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filing this Notice in the Office of the Town Clerk. Date: March 10, 2000 Date of Hearing: March 7, 2000 Petition of: Richard&Peggy Issenberg Premises affected: 173 Coachman's Lane Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: the construction of a 265 SF addition,patio and minor landscaping in the Watershed Protection District. After a public hearing given on the above date,the Planning Board voted To: APPROVE the: Watershed Special.Permit based upon the following conditions(attached): Signed `' CC: Director of Public Works Alison NL Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Yiee Chairman Health Sanitarian Assessors Alberto Angles,Clerk Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 173 Coachman's Lane Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Richard&Peggy Issenberg, 173 Coachman's Lane, North Andover, MA 01845, dated February 2, 2000, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the construction of a 265' square foot addition and a patio and minor landscaping that would affect an additional 937 square feet in a previously disturbed area within the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the:finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following fads a) The proposed project is located on town sewer, b) The area where the addition is proposed is an area that was previously disturbed for house construction and sewer line installation c) Constriction of the addition will result in no alteration to vegetation; d) The creation of a subsurface drainage discharge that will be able to accommodate the runoff from the 100 year storm, supplemented by appropriate erosion and sedimentation controls has mitigated any increase in stormwater runoff. 2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity,associated with the proposed project because a proposal on the western side of the property would require the removal of mature fix=and ledge,as well as there is no means of egress from the three sets of existing sliders, and could result in a failure to comply with zoning setbacks. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled Permit Site Plan Location: 173 Coachman's Lane,North Andover,MA Owned by: Richard&Peggy Issenberg Scale: I,,=20' Date: 1/28/00,revised 2/1712000 Prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 The Town Planner shall approve any changes made to these pians. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of one thousand($1000)dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted b) Erosion control measures as required must be in place and reviewed by the Town Planner. c) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the approved plan. This as- built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constricted as shown on the approved pian. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved pian. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition#1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant,it's employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date which the Special Permit was granted unless substantial use or construction has commenced cc. Director of Public Works Applicant Town of North Andover kORT01 OFFICE OF -RECEIVED ,�0.1 COMMUNITY DEVELOPMENT ANIb W p TO ' 27 Charles StreetNORTH ANDOVER North Andover, Massachusetts 01845 WU J"J. SCOTT 3 3''` SSACHU Director M11c1 10 P 7 (978)688-9531 Fax(978)688-9542 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filing this Notice in the Office of the Town Clerk. Date: March 10, 2000 Date of Hearing: March 7, 2000 Petition of: Richard&Peggy Issenberg Premises affected: 173 Coachman's Lane Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: the construction of a 265 SF addition, patio and minor landscaping in the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted To: APPROVE the: Watershed Special Permit based upon the following conditions(attached): Signedy CC: Director of Public Works Alison 1% Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Vice Chairman Health Sanitarian Assessors Alberto Angles,Clerk Police Chief Fire Chief Richard S. Roweu Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i 173 Coachman's Lane Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Richard&Peggy Issenberg, 173 Coachman's Lane, North Andover, MA 01845, dated February 4 2000, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the construction of a 265' square foot addition and a patio and minor landscaping that would affect an additional 937 square feet in a previously disturbed area within the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick The Planning Board bases its findings on the following facts: a) The Probed Project is located on town sewer, b) The area where the addition is proposed is an area that was previously disturbed for house construction and sewer line installation. c) Constriction of the addition will result in no alteration to vegetation; d) The creation of a subsurface drainage discharge that will be able to accommodate the runoff from the 100-year storm, supplemented by appropriate erosion and sedimentation controls has mitigated any increase in stormwater runoff. 2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any discharge, structure or activity, associated with the proposed project because a proposal on the western side of the property would require the removal of mature trees and ledge,as well as there is no means of egress from the three sets of existing sliders, and could result in a failure to comply with zoning setbacks. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the Mowing findings: A The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians, D. Adequate and appropriate facilities are provided for the proper operation of the proposed use; E. The Planning Board also maims a specific finding that the use is in harmony with the general Purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled Permit Site Plan Location: 173 Coachman's Lane,North Andover,MA Owned by: Richard&Peggy Issenberg Scale: 1"=20' Date: 1/28/00,revised 2/17/2000 Prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of one thousand ($1000)dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted b) Erosion control measures as required must be in place and reviewed by the Town Planner.. c) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the approved plan. This as- built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to fiuther impact the site than as proposed on the plan referenced in Condition#1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contant Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant,ifs employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. cc. Director of Public Works Applicant Town of North Andover NORTh OFFICE OFRECEtVEO �?os,• COMMUNITY DEVELOPMENT ANjb W A TOWN CJS 27 Charles Street NORTH ANDOVER ,�9 ; North Andover Massachusetts 01845 °••..a <y 9 t WMLIAM J.SCOTT `O P 304 S SacMus� Director (978)688-9531 Fax (978)688-9542 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. Date: March 10,2000 Date of Hearing: March 7, 2000 Petition of. Richard&Peggy Issenberg Premises affected: 173 Coachman's Lane Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: the construction of a 265 SF addition, patio and minor landscaping in the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted To: APPROVE the: Watershed Special Permit based upon the following conditions (attached): Signed OL�-r,-17) -cl-Ij r'-�LLe aL��c , CC: Director of Public Works Alison NL Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,vice Chairman Health Sanitarian Assessors Alberto Angles,Clerk Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540, PLANNING 688-9535 173 Coachman's Lane Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Richard&Peggy Issenberg, 173 Coachman's Lane, North Andover, MA 01845, dated February 2, 2000, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the construction of a 265' square foot addition and a patio and minor landscaping that would affect an additional 937 square feet in a previously disturbed area within the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick The Planning Board bases its findings on the following facts: a) The proposed project is located on town sewer, b) The area where the addition is proposed is an area that was previously disturbed for house construction and sewer line installation. c) Construction of the addition will result in no alteration to vegetation; d) The creation of a subsurface drainage discharge that will be able to accommodate the nmoff from the 100-year storm, supplemented by appropriate erosion and sedimentation controls has mitigated any increase in stormwater runoff. 2) That there is no reasonable alternative location outside the Non Distu bane Zone for any discharge, structure or activity, associated with the proposed project becMise a proposal on the western side of the property would require the removal of mature am and ledge,as well as there is no means of egress from the three sets of existing sliders, and could result in a failure to comply with zoning setbacks. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: A The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; B. The use will not adversely affect the neighborhood as the lot is located in a residential zone; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities are providers for the proper operation of the proposed use; E. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Pian titled: Permit Site Plan Location: 173 Coachman's Lane,North Andover,MA Owned by: Richard&Peggy Issenberg Scale: F,=20' Date: 1/28/00,revised 2/17/2000 Prepared by: Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board 2) Prior to any work on site: a) A performance guarantee of one thousand($1000)dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted b) Erosion control measures as required must be in place and reviewed by the Town Planner.. c) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as4xWt plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the approved plan. This as- built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed constriction be allowed to fiuther impact the site than as proposed on the plan referenced in Condition#1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant,it's employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced cc. Director of Public Works Applicant I Massachusetts Department of Environmental Nrorecrion Bureau of Resource Protection- Wetlands DEP file Number 242-1000 A A Form J - Order of Condors 173 Coachmans Lane WA - - - - for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER February 2, 2000 consnation commission Date For: The public hearing was closed on: 242-1000 March 1, 2000 Pmjex File Numbs Date To: Richard & Peggy Issenberg Title and Date of final Plans and Other Documents: App#affName Plans prepared by Hancock Environmental 173 Coachmans Lane MzATAd&= Consultants, Entitled "Permit Site Plan" North Andover WOW for 173 Coachman's Lane dated 1/28/00, MA 01845 stare IrpCO& REV 2/17/00 The project site is located at: North Andover . Ci TOW i Assess=WIN 1 Parcd/Got/ and the property is recorded at the Registry of Deeds for. Essex 3417 260 cxnfy Book Page cemficae C11mg rered Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (dick one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission finds that the IN the following conditions which are necessary,in accordance area in which work is proposed is signifirdpt to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in ®Public Water Supply accordance with the Notice of Intent referenced above,the 5 Private Water Supply following General Conditions,and any other special 5W Groundwater Supply conditions attached to this Order.To the extent that the ®Flood Control following conditions modify or differ from the plans, ❑Land Containing Shellfish specifications,or other proposals submitted with the Notice ®Fisheries' h ries of Intent,these conditions shall controk 9 Storm Damage Prevention 12 Prevention of Pollution 3 Protection of Wildlife Habitat 242-1.000 Massachusetts DeparOwnt of Envirvmw ltal Protection 173 Coachman's Lane Bureau of Resource Protection- Wedands WPA.Form 5 - order of Cones and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, 5 40 Protection Bylaw. Findings (cont) debris,including but not limited to lumber,bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to prated those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No wont shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is riot sufficient the land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act of recorded lard,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides sufficiert information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on the land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke ori modify this Order. words. "Massachusetts Department of Envirorimental Protection" 2. The Order does not dant any property rights or any (or,"MA DEP']"File Number exclusive privileges,it does not authorize any injury to 242-1000 private property or invasion of private rights. PmjeaF#enhrmber _ 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, 10,Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either of the following apply: 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the AM or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shalt conform to the following attached plans and years,from the date of-issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as time period are set b1h as a special condition in this needed): Order. Permit Site plan for 173 Coachman's Lane 5. This Order may be extended by the issuing authority for rxk one or more periods of up to three years each upon 1/28/00, REV 2/17/00 application to the issuing authority at least 30 days,prior to the expiration date of the Order. Craig Vancura, RPLS & Richard nnhPrty,P.E. 6. Any fill used in connection with this project shall be clean Sled and Slim*by NACC fill. Any fill shall contain no trash,refuse,rubbish,or On file widr n...... s c 11... MI./IN1 Massachusetts Department of Eavironniental Protection _ 242-1000 Bureau of Resource Protection- Wetlands - 173 Coachman's Lane WPA Form 5 - Order of Con-dttfts and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. ' Findings (cont.) Findings as to municipal law,bylaw,or ordinance 13.Any changes to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant NORTH ANDOVER enough to require the riling of anew Notice of Intent. Common comisson hereby rinds(check one that applies): 14.The Agent or members of the Conservation Commission and Department of Environmental Protection shall have the p that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at standards set f°rth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. AWManaowrror ofmna*law,*W.aro0 mice 15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless interest or successor in control of the subject to and until a revised Notice of Intent is submitted which property ! provides measures which are adequate to meet these this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued. ing work conditioned by this Order. that the following additional conditions are necessary to 16.Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of Ca the wetland in the vicinity of the proposed work area shall tallylly with a municipal law,bylaw,or ordinance,specifi- be marked by wooden stakes or flagging. Once in place, , Chp. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of Mw aW0 afm typal lav,bylaw:orardirerxe work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of The Commission orders that all the work shall be performed Compliance has been issued by the Conservation Commis- in accordance with the said additional conditions and with cion. the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, specifications,or other proposals submitted with the Notice repair until all disturbed areas have been fully stabilized °f Intent,the with vegetation or other means. At no time shall sediments condttons shah control. be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove ordinance accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the See attached conditions site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Special Conditions(Use additional paper if necessary) See attached conditions DEP FILE #242- 1000 Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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 below. 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 18.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. 19.This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of .Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20.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. 21.The work authorized hereunder shall be completed within three years from the date of this order. 22.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 thirty days (30) prior to the expiration date of the Order (Refer to Section Vlll (B)(p.33) of the North Andover Wetland Regulations). 23.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. CAWinword\00C\242-1000.doc l NACC 03/14/2000 DEP MILE #242 - 1000 24.Where the Department of Environmental Protection (DEP) 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. 25.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. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26.The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.The proposed work includes: Construction of an addition to the existing house with wood steps, the creation of a blue stone patio(both of which are outside the 50'No Construction Zone) and landscaping (consisting of a fire pit and a blue stone walkway with crushed stone- approximately 6"separation between stepping stones) within the Buffer Zone to a Bordering Vegetated Wetland(BVM. The walkway as approved shall not be used for any leisure activities. 28.The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Richard & Peggy Issenberg, applicants Hancock Environmental Consultants, Representative Site Plans prepared by: Hancock Environmental Consultants Signed and Stamped by: Craig Vancura, RPLS and Richard Doherty, P.E. Plans Entitled: "Permit Site Plan" for 173 Coachman's Lane Dated 1128/00, REV 2/17/00 CAWinword\00C\242-1000.doc 2 NACC 03/15/2000 DEP FILE#242 - 1000 29.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25`) No-Disturbance Zone and a fifty foot (50`) No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. 32.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33.This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. CAWinword\00C\242-1000.doc 3 NACC 03/14/2000 DEP FILE #242- 1000 34.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36.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. 37.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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38.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 242-1000. Expiration date=-----." CAWinword\00C\242-1000.doc 4 NACC 03/14/2000 DEP FILE #242 - 1000 39.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 maybe 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 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. 40.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas,installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42.Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. CAWmword\00C\242-1000.doc 5 NACC 03/14/2000 DEP FILE#242- 1000 43.A row of double staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and 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. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 44.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 (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. 45.A check payable to the Town of North Andover shall be provided in the amount of$1,500 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 through the NACC before commencement of work. Said 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 provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary 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. 46.The applicant shall stake out the foundation corners prior to construction for projects including, but not limited to, single family homes, additions, decks, pools, etc. C:\Winword\OOC\242-1000.doe 6 NACC 03/14/2000 DEP FILE #242 - 1000 47.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 48.Once these above mentioned pre-construction requirements are complete, 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,the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 49.IMPORTANT: Immediately upon completion of the foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 50.Upon beginning work, the applicant shall submit written progress reports every other 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. CAWinword\000242-1000.doc 7 NACC 03/14/2000 DEP FILE #242- 1000 51.No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into nto a resource area 52.Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 53.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54.No re-grading 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. 55.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 56.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 57.Al I 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 (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 58.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 59.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. CAWinword\OOC\242-1000.doc 8 NACC 03/14/2000 DEP FILE #242 - 1000 MCONSTRUCTION 60.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. 61.Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a 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 and shall remain in perpetuity. 62.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: 63.Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A—"Request fora Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number, h. A written statement from a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: CAWinword\00C\242-1000.doc 9 NACC 03/14/2000 DEP FILE #242- 1000 ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP #242- 1000. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (condition #31) ➢ Discharge or spillage of pollutants (Condition # 59); ➢ Prohibition of underground fuels (Condition #60); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions #61). CAWinword\OOC\242-1000.doc 10 NACC 03/14/2000 DEP FILE #242- 1000 APPENDIX A -AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 8 4. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\00C\242-1000.doc 11 NACC 03/14/2000 ,1 242-1000 Massachusetts Department of Environmental Protection -'--- 133-coachman's Lane Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Con--d" ins and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont:) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 15th from the date of issuance. March 15, 2000 day of March Date MwXh 2000 ' This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail ver (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, J r. time to the appropriate regional office of the Department of Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. r &Vay Pok vj67(J ;►9' a+ s This Order is issued to the applicant as follows: El by hand delivery on Daae ® bya#Mmail,uM on March 16, 2000 Dare Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely,the objections to any owner of land abutting the land subjeckto this Order,or the Order which is being appealed and how the.Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the eadert that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of-Environmental Protection has Appendix E.Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the 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 to the applicant, if he/she is not the appellant. tl- ,ni C Massachusetts Department of Environmental Protection 242-1000 Bureau of Resource Protection Wetlands 173 Coachman's Lane %?A Form 5 - Order of CoridMans and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw. 0 Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of tide 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 subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Tide of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER consffy"n cormtis&w on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. ----- --- _. —.---------- ------------ To: consevaowrcanMSM Please be advised that the Order of Conditions for the project at RvjeaLo=on 00 FileNumbw has been recorded at the Registry of Deeds of Cam and has been noted in the chain of title of the affected property in aoMc PV in accordance with the Order of Conditions issued on Date If recorded land the instrument number which identifies this transaction is liMmetNumbrr If registered land,the document number which identifies this transaction is Doarmdt Numbw sign W o(Appikn Massachusetts Department of Environmental Protection 242-1000 Bureau of Resource Protection Wetlands 173 Coachman's Lane WPA Appendix E - Request for De0'* mental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, §40 protection Bylaw. Please type or print clearly all Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent.Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address M&ffngAd&w C41TO n CiFTOW -7are Lp Code ,Slate Zip Code Phone Mtmber Ph"N=ber Fax Mrmba(if appliable) Fax N mba(dookaW) Project Location: DEP file Number: .2149eAd&ess City/town i Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commormealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. Town of North Andover pORTIy Ip �teo •6, OFFIGE OF 3� y° E o� COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street North Andover,Massachusetts 01845 �9ssgcr+us�t�y WILLLA,M J. SCOTT Director (978)688-9531 Fax(978)688-9542 _ MODIFICATION TO ORDER OF CONDITIONS File No. 242-1000 Project: 173 Coachman's Lane The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on September 20, 2000 agreed to accept �� e4,441 k-, &Aalaa VI-5 Coo,(,Vna . ��el`*" IAA 211-1IUD as a Modification. to the Order of Conditions issued in file 242- 1000 dated March 15, 2000 and recorded in Book # 3417 and Page 260 Issued by the NORTH ANDOVER CON VATION COMMISSION: On thi 20th day Waf September, 2000 , before me -personally appear d Scott Masse to me known to be the person described in and who executed the foregoing instrument 4nd acknowledged that he/she executed the same as his/her free act and deed. A� &mea _ Notary Public My Commission Expires A receipt from the Registrl of Deeds :must - be submitted to this P office showing that this Xodit.¢.cation has been recorded and referenced to the Book and' Page numbers where the original Order 242- 1000 was recorded. i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Bureau of Resource Protection— Wetlands 242-1000 e WPA Form 8B - Certificate ®f Compliance' 173 CoLanean's'' Massachusetts Wetlands Protection Act M.G.L. 1.31, §40 and North Andover 7e>=land Protection Bylaw. ' Project Information 1. This Certificate of Compliance is issued by: 3. The project site is located at: North Andover North Andover Coru�v�ionCommrsron �y?� 173 Coachman's Lane To: SLWAdd= Richard & Peggy Issenberg 64 .67 AmessorxM4.01ano P�Ltotf Name 173 Coachman's Lane MadingMhes and the final Order of Conditions was recorded an North Andover, MA April 3, 2000 CWOM oxe 01845 at the Registry of Deeds for Qae ItpCO& Essex .County 3417 260 2 This Certificate of Compliance is issued for work regulated cam awk Page by a final Order of Conditions issued to: Richard & Peggy Issenberg C�tnberepfrasee��and) rd"y_ 4. A site inspection was made in the presence of the applicant. March 16, 2000 or the apps k='s agent,on: axed 242-1000 F7�rndr oate Ceii Ycation Q Invalid Order of Conditions: It is hereby certified that (Check all that apply): the wont regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has Complete Certification It is hereby certified that the lapsed and is therefore no longer valid. No future work rfk regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may tions has been satisfactorily completed. commence without firing a new Notice of Intent and, receiving a new Order of Conditions. Q Partial Certification It is hereby certified that only the following portions of the work regulated by the above-- Ongoing Conditions The following conditions of the referenced Order of Conditionshave been satisfactorily der shall continue:(Include any conditions contained in completed.The project areas or work subject to this partial the final Order,such as maintenance or monitoring,that certification which have been completed and are released should continue for a longer period) from this Order include: Condition Numbers: ,ninn Massachusetts Deparmwnt of Enviranmental Protection 242-1000 Bureau of Resource Protection- Wetlands 173 Coachman's Lane A Fore 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 737, §40 and North Andover wetland Protection Bylaw. Authorization On this 4th Issued by: North Andover day of October C n etvarfon C Jnutlr;SOn :Norm October 4,2000 2000 0.Jealsmaar Year This Certification must be signed by a majority of the before me personally appeared conservation commission and a copy sent to the applicant Scott Masse and appropriate DEP Regional Office(see Appendix A). to me known to be the person described in and who executed Signature(s) the foregoing instrument and acknowledged that he/she executed the same as his/her free as and deed. ` xe-4-� / o o 7 r� ' Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located Detach on dotted line and submit to the Conservation Commission. ------ ------ g ----------- To: If recorded land.the instrument number which identifies this transaction is C4nSffV rmnC0=SSion . Please be advised that the Certificate of Compliance for the project at lnsaumerrhrmna' If registered land the document number which identifies this transaction is PMJeaCocoon FILE NfAT/09' - CoamOT A OT has been recorded at the Registry of Deeds of Sirar nOlApphalT CAM and has been noted in the chain of title of the affected property on ode BOO. ?JC�'B