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HomeMy WebLinkAboutMiscellaneous - 0 STILES STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1203 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to`. forms on the Eugene P. Willis computer, use Name only the tab key to move 76 Boston Hill Road your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code � 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Same Name ' June 26, 2003 242-1203 Dated DEP File Number 3. The project site is located at: 10 Stiles Street North Andover Street Address City(rown Map 107D Parcel 14 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 8624 238 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 6/23/09 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 71 C. Authorization Issued by: North Andover 5-h Conservation Commission Dat of Isstlance This Certificate must be signed by a majority of the Conseriation Commis-,inn and a copy sent to the applicant and appropriate DEP Regional Office(See Attac ent). Signatures: . / wpaform 8b.doc•rev.7113/04 Page 2 of 4 'Lj\ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1203 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town J::c: � Si ature of Notary Public Z 4t M.WEDGE YPUBUC Printed Name of Notary Public OF MASSACHUSETTSt<es Aug.7,2008 My Commissio xpires(Date) Place notary seal and/or any stamp above .10; 121 -1;k Signature of Notary Public wpaform 8b.doc°rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1203 Provided by DEP D. 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. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 10 Stiles Street 242-1203 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: it If registered land, the document number which identifies this transaction is: I Document Number Signature of Applicant wpaform 8b.doc•rev.7113104 Page 4 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington ecket Easthampton Hinsdale Mount Washington Sandisfield Wendell Phone:413-784-1100 B Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Miliville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Wesfford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillioston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfieet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.6/12/09 Page 1 of 1 Town of North Andover of No RTO Office of the Conservation Department Community Development and Services Division ;_ , • 27 Charles Street ss,►crn,saj North Andover,Massachusetts 01845 Telephone(978)688-9530 Alison E. McKay . Interim Conservation Administrator Fax(978)688-9542 Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: "pen e- R 4X I(�S 71e 3b 5 f'o r, wit i�ao_ Nar4L, �►.dovr�r. MA otgg5' Ile- nla n e n+i"71eJ � 'I TI 11 �n IUer'�� �ndofGr: M/�55. �r2D[.r¢.d �or 6tnc t,��ll,'r, Laz� �?�,v• ��.�Z 9/9/ay, as a Modification to the Order of Conditions issued in File 242- (a 03 dated 4&( 0 and recorded in Agin d(oa8 Issued by the NORTH VER CONSERVATION COMIVIISSION: On this a.;Ln of er a'My before me personally appeared Scott Masse tome day l mwyryr 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. DONN�'WEDGE Notary Public piS2ooa A receipt from the Lawrence Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the book and page numbers. 1.. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NOTICE OF.DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED ILJJ t,. # Owner/Applicant: Eugene P.Willis Premises: Lot 0 Stiles Street, North Andover,Assessor's Map 107D/Lot 14 Application: Definitive Subdivision Plan Stiles Street,M.G.L.c.41,s.81U Conditional Approval The public hearing on the above-referenced application was closed by the North Andover Planning Board on November 18,2003.Present were Planning Board Chair Alberto Angles,Vice Chair George White, Clerk Felipe Schwarz,Members Richard Nardella,John Simons,and Associate Member James Phinney,Donald F. Borenstein,Esq.and Eugene Willis,P.E.,appeared on behalf of the applicant. Nardella made, and Schwarz seconded, a motion to grant and approve the Stiles Street Definitive Subdivision, subject to the conditions set forth below. This one lot Definitive Subdivision was requested by Eugene P. Willis of 76 Boston Hill Road, North Andover, MA 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on August 6,2003,with subsequent submittals and extensions on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 5.5 of Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last revised February 1989, and MGL Chapter 41, Section T. The area affected is on Stiles Street, a public way, located off of Gray Street in the R-2 Zoning District. The motion to approve was subject to the FINDINGS OF FACTS and CONDITIONS set forth in Appendix A attached to this decision. The Planning Board voted on the motion by a vote of 4 in favor to 0 against. A definitive subdivision permit requires a vote of at least three members of a five-member board. See M.G.L.Chapter 41 Sections 8 1 K to 81 GG and the Rules and Regulations Governing the Subdivision of Land,North Andover, Massachusetts, last revised February 1989. Accordingly, the Application for a Definitive Subdivision is conditionally approved. The applicant and abutters are hereby notified that should they disagree with this;decision,they have the right,under MGL Chapter 41,Section 81BB,to appeal this decision within twenty days after the date this decision has been filed with the Town ClerL Respectfully Submitted: ANorth 0AAndaver ng Director Planning Board: Voted: Alberto Angles,Chairman Y-N-Abst-N/A John Simons,Vice Chairman Y-N-Abst-N/A Richard Nardella,Clerk Y-N-Abst-N/A George White Y-N-Abst-N/A Felipe Schwarz Y-N-Abst-N/A Janes Phinney,Associate Member Y-N-Abst-N/A j Appendix A Owner/Applicant: Eugene P.Willis Premises: Lot 0 Stiles Street,North Andover,Assessor's Map 107D/Lot 14 Application: Definitive Subdivision Plan Stiles Street,M.G.L.c.41,s.81U FINDINGS The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The Definitive Subdivision Plan, dated August 8, 2003 and last revised November 10,2003 ("Plan"),is substantially complete and technically adequate,except as amended herein. B. The Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan as proposed is for one lot only and adequate access will be provided to the lot via a driveway approved by the Planning Board,department of public works,fire and police departments. C. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. As there is only one driveway, to one proposed house lot, there will be minimal congestion to Stiles Street. D. The Definitive Plan reduces danger to life and limb in the operation of motor vehicles. The further construction of the roadway as provided herein will provide better traveling for the operation of motor vehicles versus the condition of the roadway. E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The further construction of the roadway as provided herein will provide better access for emergency situations. F. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. G. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire Department and has been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. The further construction of the roadway as provided herein will enable future lots on Stiles Street and other connecting ways to tie into the improved roadway. I. The Definitive Plan conforms with the design and construction standards described in these Rules and Regulations and in the attached Appendices with the exception of the waivers granted as set forth herein. I The Definitive Plan conforms with all applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: Stiles Street Eugene Willis Definitive Subdivision CONDITIONS 1) ALTERNATIVE BUILD OUT: For so long as the Applicant's land shown on the Plan, being known as Assessors Map 107D, Lot 14, and consisting of 7.294 acres ("Locus"), is used or developed for not more than one, single-family residence and uses and structures accessory thereto, the Applicant and his successors in interest to the Locus shall only be required to construct and build out the "Driveway", as shown and specified on Sheet 5 of the Plan. In the event that the Locus is at any time developed or used for more than one, single- family residence or the Locus is further divided into additional building lots utilizing frontage on Stiles Street, or another party or landowner should seek to develop, use or create any additional building lot utilizing Stiles Street for frontage,the party seeking to utilize Stiles Street for such development, use or division shall be required to construct and build out the "Roadway", as shown and specified on Sheets 1 through 4 of the Plan. A) Driveway: In connection with the use and development of the Locus for not more than one, single-family residence and uses, buildings and structures accessory thereto,the Applicant shall, prior to the issuance of an occupancy permit, construct a driveway servicing such residence(as indicated on the Plan as "Driveway")and according to the dimensions, specifications and conditions indicated on Sheet 5 of the Plan. No bond or other security shall be required in connection with the construction of the Driveway, other than the withholding of occupancy permit until construction is complete. However,prior to a Certificate of Occupancy being granted,the following must occur: 1. Town Planner must inspect the property and ensure the driveway has been constructed in accordance with the dimensions, specifications and conditions indicated on Sheet 5 of the Plan;and 2. The applicant must submit an as-built drawing of the driveway to ensure it has been built in accordance with the dimensions, specifications and conditions indicated on Sheet 5 of the Plan. 3. A bond of$1,000 must be posted to the ensure the completion andd submission of As Built Plans. The following waivers have been specifically granted by the Board in connection with the Driveway construction: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision 1. 6.17.1 Installation: All electrical and communications lines shall be installed underground. Existing are overhead. 2. 6.18 TREES AND OTHER PLANTINGS 3. APPENDIX I—A.5 Gravel sub-base. 4. APPENDIX I--A.7 pavement 5. APPENDIX IV 6. APPENDIX V Rules and.Regulations Governing Stormwater Management 7. 5.3 STORMWATER MANAGEMENT REPORT 8. 15.2.5.3(5). The location and identification of all permanent project bench marks in the subdivision. A minimum of two (2)bench marks are required for each street; 9. 5.4 ENVIRONMENTAL AND COMMUNITY IMPACT STATEMENT 10. All other applicable road construction standards inconsistent with the specifications reflected on Sheet 5 of the Plan The Planning Board determined that the above waivers fi-om the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and Regulations and therefore have been GRANTED. B) Full Roadway: In connection with the use or development of the Locus at any time in the future for more than one, single-family residence and uses, buildings and structures accessory thereto, or the division of the Locus into any additional building lots utilizing frontage on Stiles Street, or if another party or landowner should seek to develop, use or create any additional building lot utilizing Stiles Street for frontage, the parry seeking to utilize Stiles Street for such development, use or division shall be required to construct a roadway(as indicated on the Plan as"Roadway") according to the dimensions, specifications and conditions indicated on Sheets 1 -4 of the Plan, prior to the issuance of any occupancy permit associated with any such development utilizing Stiles Street. In addition, the party then required to construct the Roadway shall also comply with the following conditions: 1. Street lights to be installed per direction of the Planning Board; 2. A performance guarantee [as referred to in Condition 2Ec below] 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. 3. Additional"standard"conditions,as set forth at Condition No. 2 below. The following waivers have been specifically granted-by the Board in connection with the Full Roadway construction: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision 1. 5.2.5.1 b.)Notation that all deeds from the owner of the subdivision shall reserve the fee in all streets or ways shown on the subdivision plan, such fee to be retained by the developer until conveyed to the Town. 2. 5.2.5.3(2)Existing contours extending 50'beyond the perimeter of the subdivision. 3. 5.2.5.4(2)Radii, arc length and central angle of all curves along the center line and right-of-way; 4. In order to keep as much of the road pavement between the stone walls as possible 6.8.1 Min. ROW Width 50 feet to 40%Min. Pavement Width 26 feet to 24'; Min. Centerline Curve Radius from STA4+60.39 to STA 4+91.02 225 feet to 100 feet; Min. Tangent length between reverse curves STA 4+40.75 to STA 4+60.39 150 feet to 19.65 feet, a K.value of 19.86' for the first vertical curve where 30 is required, and a maximum slope of 5.5% 6%is required. 5. 6.11.2 Standard sidewalk 5'wide to 4' 6. 5.12 Only the construction of the Driveway(as provided herein)is required within the two(2)year period provided at Section 5.12 and that Section shall be deemed to have been complied with for all purposes upon the completion of the Driveway only within said two(2)year period. The commencement of construction of the Full Roadway(as provided herein) shall have no time limitation and Section 5.12 or any successor provision thereto shall have no effect whatsoever in limitation of the Full Roadway construction, excepting only that once commenced(at any time in the future)the Full Roadway shall be completed within two (2)years of the date of said commencement(construction of the Driveway shall not be deemed to constitute commencement of construction of the Full Driveway). The Planning Board determined that the above waivers from the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and Regulations and therefore have been GRANTED. 2) Additional Conditions Applicable to"Full Roadway"Build Out The following "standard conditions" shall be applicable only in the event of the build out and construction of the "Full Roadway" and shall not be applicable to the construction and build out of the "Driveway", as defined and set forth in Condition No. 1 above. A. . Environmental Monitor: .The party seeking to build out and construct the Full Roadway shall designate an Environmental Monitor, who shall be chosen in consultation with the Planning Department. The Environmental Monitor may be the applicant/project engineer, Eugene Willis, P.E. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board's designated official. The Environmental BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non- compliance, if any,and actions taken to resolve such issues. B. Prior to any site work being conducted, the following shall be adhered to by the party seeking to build out and construct the Full Roadway: a) Submit a Site Opening Bond in an amount to be determined per direction of the Planning Department in consultation with the Board's consulting engineer, to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover`that will be placed into an interest bearing escrow account. A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board Said lots may be released from the covenant upon posting of security as required in Condition 5(c). b) Submit to the Town Planner a FORM M for all utilities and eases placed on the subdivision. C) All subdivision application fees must be paid in full and verified by the Town Planner. d) Meet with the Town Planner in oder to ensure that the plans cor&rm to.the Board's decision e) A Development Schedule must be submitted for signature by the Planning Board, which conforms to applicable sections of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) All documents shall be dared at the expense of the party seeking to build out and construct the Full Roadway, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. C. Prior to ANY WORD commencing with regard to the build out and construction the Full Roadway a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on Sheets 1 —4 of the Plan The Planning Staff must be contacted prior to any cutting and or clearing on site. b) Any erosion control measures shown on the plan must be in plaice and reviewed by the Town Planner. D. Throughout and During Construction: a. Dust, mitigation, and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner,throughout the construction process. b. Street sweeping must be performed, at least once per month,throughout the construction process,or as directed by the Town Planner. C. Hours of operation during construction are limited from 7 am to 5 p.m., Monday through Friday and 8 a.m.—5 p.m.on Saturdays. E. Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of the following documents: recorded subdivision approval, recorded Covenant(FORM n, and recorded FORM M must be submitted to the Town Planner as proof of recording. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision b) The party seeking to build out and construct the Full Roadway must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning DepartnIent in consultation with the Board's consulting mgmeer, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form actable to the North Andover Planning Department. Items covered by the Bond may include, but shall not be limited to, (to the extent set forth on the Plan or as required by this Conditional Approval)the following: i) as-built drawings; ii) sewers and utilities; iii) roadway construction and maintenance; iv) lot and site erosion control; v) site screening and street trees; vi) drainage facilities; vii) site restoration; viii) final site cleanup. F. Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Departent: a) The party seeking to build out and construct the Full Roadway must submit a certified copy of the recorded FORM J reffred to in Condition 5(b)above. b) A plot plan for the lot in question must be submitted, which includes all of the following: i) location of the structure; ii) location ofthe driveways; iii) location of the septic systems if applicable; iv) location of all water and sewer lines; V) location of wetlands and any site mWvements required under a North Andover Conservation Cornmission oder of conditions; vi) any grading called for on the lot; vii) all required zoning setbacks; viii) Location of any drainage,utility and other easements. c) All required erosion control masures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. e) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the party seeking to build out and construct the Full Roadway shall ensure that all required inspection and testing of water, sewer, and drainage facilities, if any, have been completed. To the extent applicable,the party seeking to build out and construct the Full Roadway must submit to the Town Planner and the Department of Public Works an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover Subdivision Regulations. G. Prior to a Certificate of Occupancy being requested for an individual lot,the following shalt be required: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) Permanent house numbers must be posted on dwellinp and be visible from the road. c) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position d) If a sidewalk is to be constructed in from of the lot, then such sidewalk must be graded and staked at a minimum. H. Prior to the fine[ release of security retained for the site by the Town, the following shall be completed by the party seeking to build out and construct the Full Roadway: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b) All prupa easemNits have been recorded at the Registry of Deeds. L The party seeking to build out and construct the Full Roadway shall ensure that all applicable Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions for the Roadway. J. There shall be no burying or dumping of construction material on site. K The location of any stump dumps on site must be pre-approved by the Planning Board. L.. The contractor shall contact Dig Safe at least 72 hours prior to cominencing any excavation At Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, revised plans may need to be submitted to the Planning Board for approval. N. The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 3) This Definitive Subdivision Plan approval is based upon the following information that is incorporated into this Decision by reference: Plan titled: Definitive Subdivision Plan,"Stiles St." Located in North Andover,Massachusetts Dated: August 8,2003,last revised November 10,2003 Applicant: Eugene P. Willis 76 Boston Hill Road,North Andover,MA 01845 Engineer: Eugene P.Willis,No.45216 76 Boston Hill Road,North Andover,MA 01845 Sheets: 1 -5 Scale: As Noted BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 j NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED # twu3 tui r n tom: Owner/Applicant: Eugene P.Willis Premises: Lot 0 Stiles Street, North Andover,Assessor's Map 107D/Lot 14 Application: Definitive Subdivision Plan Stiles Street,M.G.L.c.41,s.81U Conditional Approval The public hearing on the above-referenced application was closed by the North Andover Planning Board on November 18,2003.Present were Planning Board Chair Alberto Angles,Vice Chair George White, Clerk Felipe Schwarz,Members Richard Nardella,John Simons,and Associate Member James Phinney,Donald F. Borenstein,Esq.and Eugene Willis,P.E.,appeared on behalf of the applicant. Nardella made, and Schwarz seconded, a motion to grant and approve the Stiles Street Definitive Subdivision, subject to the conditions set forth below. This one lot Definitive Subdivision was requested by Eugene P. Willis of 76 Boston Hill Road, North Andover, MA 01845. The original application, excluding revised documentation, as cited herein,was filed with the Planning Board on August 6,2003,,with subsequent submittals and extensions on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 5.5 of Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last revised February 1989, and MGL Chapter 41, Section T. The area affected is on Stiles Street, a public way, located off of Gray Street in the R-2 Zoning District. The motion to approve was subject to the FINDINGS OF FACTS and CONDITIONS set forth in Appendix A attached to this decision. The Planning Board voted on the motion by a vote of 4 in favor to 0 against. A definitive subdivision permit requires a vote of at least three members of a five-member board. See M.G.L. Chapter 41 Sections 81K to 81 GG and the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last revised February 1989. Accordingly, the Application for a Definitive Subdivision is conditionally approved. The applicant and abutters are hereby notified that should they disagree with this decision,they have the right,under MGL Chapter 41,Section 81BB,to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk. Respectfully Submitted: H ' i$in,Acting Planning Director f e North Andover Planning Board: Voted: Alberto Angles,Chairman Y-N-Abst-N/A John Simons,Vice Chairman Y-N-Abst-N/A Richard Nardella,Clerk Y-N-Abst-N/A George White Y-N-Abst-N/A Felipe Schwarz Y-N-Abst-N/A James Phinney,Associate Member Y-N-Abst-N/A Appendix A Owner/Applicant: Eugene P.Willis Premises: Lot 0 Stiles Street,North Andover,Assessor's Map 107D/Lot 14 Application: Definitive Subdivision Plan Stiles Street,M.G.L.c.41,s..81U FINDINGS The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The Definitive Subdivision Plan, dated August 8, 2003 and last revised November 10, 2003 ("Plan"),is substantially complete and technically adequate,except as amended herein. B. The Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan as proposed is for one lot only and adequate access will be provided to the lot via a driveway approved by the Planning Board,department of public works,fixe and police departments. C. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. As there is only one driveway, to one proposed house lot, there will be minimal congestion to Stiles Street. D. The Definitive Plan reduces danger to life and limb in the operation of motor vehicles. The further construction of the roadway as provided herein will provide better traveling for the operation of motor vehicles versus the condition of the roadway. E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The further construction of the roadway as provided herein will provide better access for emergency situations. F. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. G. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire Department and has been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. The further construction of the roadway as provided herein will enable future lots on Stiles Street and other connecting ways to tie into the improved roadway. L The Definitive Plan conforms with the design and construction standards described in these Rules and Regulations and in the attached Appendices with the exception of the waivers granted as set forth herein. ' I The Definitive Plan conforms with all applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: Stiles Street Eugene Willis Definitive Subdivision CONDITIONS 1) ALTERNATIVE BUILD OUT: For so long as the Applicant's land shown on the Plan,being known as Assessors Map 107D, Lot 14, and consisting of 7.294 acres("Locus"), is used or developed for not more than one, single-family residence and uses and structures accessory thereto, the Applicant and his successors in interest to the Locus shall only be required to construct and build out the "Driveway", as shown and specified on Sheet 5 of the Pian. In the event that the Locus is at any time developed or used for more than one, single- family residence or the Locus is further divided into additional building lots utilizing frontage on Stiles Street, or another party or landowner should seek to develop, use or create any additional building lot utilizing Stiles Street for frontage,the party seeking to utilize Stiles Street for such development, use or division shall be required to construct and build out the "Roadway", as shown and specified on Sheets 1 through 4 of the Plan. A) Driveway: In connection with the use and development of the Locus for not more than one, single-family residence and uses, buildings and structures accessory thereto,the Applicant shall, prior to the issuance of an occupancy permit, construct a driveway servicing such residence(as indicated on the Plan as"Driveway")and according to the dimensions, specifications and conditions indicated on Sheet 5 of the Plan. No bond or other security shall be required in connection with the construction of the Driveway, other than the withholding of occupancy permit until construction is complete. However, prior to a Certificate of Occupancy being granted,the following must occur: 1. Town Planner must inspect the property and ensure the driveway has been constructed in accordance with the dimensions, specifications and conditions indicated on Sheet 5 of the Plan,and 2. The applicant must submit an as-built drawing of the driveway to ensure it has been built in accordance with the dimensions, specifications and conditions indicated on Sheet 5 of the Plan. 3. A bond of$1,000 must be posted to the ensure the completion and submission of As Built Plans. The following waivers have been specifically granted by the Board in connection with the Driveway construction: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision 1. 6.17.1 Installation: All electrical and communications lines shall be installed underground. Existing are overhead. 2. 6.18 TREES AND OTHER PLANTINGS 3. APPENDIX I A.5 Gravel sub-base. 4. APPENDIX I A.7 pavement 5. APPENDIX IV 6. APPENDIX V Rules and Regulations Governing Stormwater Management 7. 5.3 STORMWATER MANAGEMENT REPORT 8. 15.2.5.3(5). The location and identification of all permanent project bench marks in the subdivision. A minimum of two (2)bench marks are required for each street; 9. 5.4 ENVIRONMENTAL AND COMMUNITY IMPACT STATEMENT 10. All other applicable road construction standards inconsistent with the specifications reflected on Sheet 5 of the Plan The Planning Board determined that the above waivers from the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances. of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and Regulations and therefore have been GRANTED. B) Full Roadway: In connection with the use or development of the Locus at any in the future for more than one, single-family residence and uses, buildings and structures accessory thereto, or the division of the Locus into any additional building lots utilizing frontage on Stiles Street, or if another party or landowner should seek to develop, use or create any additional building lot utilizing Stiles Street for frontage, the party seeking to utilize Stiles Street for such development, use or division shall be required to construct a roadway(as indicated on the Plan as"Roadway") according to the dimensions, specifications and conditions indicated on Sheets 1 4 of the Plan, prior to the issuance of any occupancy permit associated with any such development utilizing Stiles Street. In addition,the party then required to construct the Roadway shall also comply with the following conditions: 1. Street lights to be installed per direction of the Planning Board; 2. A performance guarantee [as referred to in Condition 2Ec below] 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. 3. Additional"standard"conditions,as set forth at Condition No.2 below. The following waivers have been specifically granted by the Board in connection with the Full Roadway construction: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision 1. 5.2.5.1 b.)Notation that all deeds from the owner of the subdivision shall reserve the fee in all streets or ways shown on the subdivision plan, such fee to be retained by the developer until conveyed to the Town. 2. 5.2.5.3(2) Existing contours extending 50' beyond the perimeter of the subdivision. 3. 5.2.5.4(2)Radii, arc length and central angle of all curves along the center line and right-of-way; 4. In order to keep as much of the road pavement between the stone walls as possible 6.8.1 Min. ROW Width 50 feet to 40';Min. Pavement Width 26 feet to 24'; Mn. Centerline Curve Radius from STA4+60.39 to STA 4+91.02 225 feet to- 100 feet; Mn. Tangent length between reverse curves STA 4+40.75 to STA 4+60.39 150'feet to 19.65 feet, a K value of 19.86' for the first vertical curve where 30 is required, and a maximum slope of 5.5% 6%is required. 5. 6.11.2 Standard sidewalk.5'wide to 4' 6. 5.12 Only the construction of the Driveway(as provided herein) is required within the two (2)year period provided at Section 5.12 and that Section shall be deemed to have been complied with for all purposes upon the completion of the Driveway only within said two (2)year period. The commencement of construction of the Full Roadway(as provided herein) shall have no time limitation and Section 5.12 or any successor provision thereto shall have no effect whatsoever in limitation of the Full Roadway construction, excepting only that once commenced(at any time in the future)the Full Roadway shall be completed within two (2)years of the date of said commencement(construction of the Driveway shall not be deemed to constitute commencement of construction of the Full Driveway). The Planning Board determined that the above waivers lim the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and Regulations and therefore have been GRANTED. 2) Additional Conditions Applicable to"Full Roadway"Build Out The following "standard conditions" shall be applicable only in the event of the build out and construction of the "Full Roadway" and shall not be applicable to the construction and build out of the "Driveway",as defined and set forth in Condition No. l above. A. . Environmental Monitor: The party seeking to build out and construct the Full Roadway shall designate an Environmental Monitor, who shall be chosen in consultation with the Planning Department. The Environmental Monitor may be the applicant/project engineer, Eugene Willis, P.E. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board's designated official. The Environmental BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non- compliance, if any,and actions taken to resolve such issues. B. Prior to any site work being conducted, the following shall be adhered to by the party seeking to build out and construct the Full Roadway: a) Submit a Site Opening Bond in an amount to be determined per direction of the Planning Department in consultation with the Board's consulting engineer, to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM In securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 5(c). b) Submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision c) All subdivision application fees must be paid in full and verified by the Town Planner. d) Meet with the Town Planner in order to ensure that the plans conform to the Boards decision e) A Development Schedule must be submitted for signature by the Planning Board, which conforms to applicable sections of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) All documents shall be pmpared at the expense of the party seeking to build out and construct the Full Roadway, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. C. Prior to ANY WORK commencing with regard to the build out and construction the Full Roadway a) Yellow "Caution"tape must be placed along the limit of clearing and grading as shown on Sheets i —4 of the Plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. b) Any erosion control measures shown on the plan must be in place and reviewed by the Town Planner. D. Throughout and During Constructions a. Dust, mitigation, and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner,throughout the construction process. b. Street sweeping must be performed, at least once per month, throughout the construction process,or as directed by the Town Planner. C. Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 am.—5 p.m.on Saturdays. E. Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and record subdivision plans and one (1) certified copy of the following documents: record subdivision approval, recorded Covenant (FORM 1), and record FORM M must be submitted to the Town Planner as proof of recording. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stites Street Eugene Willis Definitive Subdivision b) The parry seeking to build out and construct the Full Roadway must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning Department in consultation with the Board's consulting engineer, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form agile to the North Andover Planning Departinent. Items covered by the Bond may include, but shall not be limited to, (to the extent set forth on the Plan or as required by this Conditional Approval)the following. i) as-built drawings; ii) sewers and utilities; iii) roadway construction and maintenance; iv) lot and site erosion control; v) site screening and street trees; vi) drainage facilities; vii) site restoration; viii) final site cleanup. F. Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department a) The party seeking to build out and construct the Full Roadway must submit a certified copy of the recorded FORM J referred to in Condition 5(b)above. b) A plot plan for the lot in question must be submitted, which includes all of the following: i) location of the structure; ii) location ofthe driveways; iii) location of the septic systems ifapplicable; iv) location of all water and sewer lines; V) location of wetlands and any site improvements required under a North Andover Conservation Commission order of conditions; vi) any grading called for on the lot; vii) all required zoning setbacks; viii) Location of any drainage,utility and other easements. c) All required erosion control measures for the lot shall be in plaice. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. e) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the party seeking to build out and construct the Full Roadway shall ensure that all required inspection and testing of water, sewer, and drainage facilities, if any, have been completed. To the extent applicable,the party seeking to build out and construct the Full Roadway must submit to the Town Planner and the Department of Public Works an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover Subdivision Regulations. G. Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) Permanent house numbers must be posted on dwellings and be visible from the road. C) There shall be no driveways planed where stone bound monuments and/or catch basins are to be set. It shall be the develops responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position d) If a sidewalk is to be constructed in fror t of the lot, then such sidewalk must be graded and staked at a minimum H. Prior to the final release of security retained for the site by the Town, the following shall be completed by the party seeking to build out and construct the Full Roadway: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b) All proper easements have been recorded at the Registry of Deeds. L The party seeking to build out and construct the Full Roadway shall ensure that all applicable Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions for the Roadway. J. There shall be no burying or dumping of construction material on site. K The location of any stump dumps on site must be pre-approved by the Planning Board L. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. NL Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, revised plans may need to be submitted to the Planning Board for approval. N. The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 3) This Definitive Subdivision Plan approval is based upon the following information that is incorporated into this Decision by reference: Plan titled: Definitive Subdivision Plan,"Stiles St" Located in North Andover,Massachusetts Dated: August 8,2003,last revised November 10,2003 Applicant: Eugene P. Willis 76 Boston Hill Road,North Andover,MA 01845 Engineer: Eugene P.Willis,No.45216 76 Boston Hill Road,North Andover,MA 01845 Sheets: 1 -5 Scale: As Noted BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stiles Street Eugene Willis Definitive Subdivision CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File I BOARD OF APPEALS 688-9541 BIALDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688A535 S Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"umber L11 WPA Form 5 - Order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Eugene P. Willis Same Name Name reran 76 Boston Hill Road Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 0 Stiles Street North Andover Street Address City/Town 107D 14 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 3047 129 County Book Page Certificate(if registered land) 3. Dates: 5/30/03 d (nZ24:Zd 3 Date Notice of Intent Filed -ba—tePtiglic He ring Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): NOl 5/28/03 Title Date NOI Plan 5/28/03 Final Title revised 6/14/03 Title Date 5. Final Plans and Documents Signed and Stamped by: Eugene P. Willis P.E. Name 6. Total Fee: 250.00 (from Appendix B:Wetland Fee Transmittal Form) wpaform5.doc•rev.12/15/00 Page 1 of 7 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"umber: WPA Form 5 - Order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply [ Fisheries Z Protection of Wildlife Habitat ® Groundwater Supply Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to ® the following conditions which are necessary,in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless and until a new Notice of intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 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. The 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, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number; 1 WPA Form 5 —Order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain 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 of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number 242-1203 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the 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. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Munici pal-Ordinance or Bylaw Citation- The Commission orders that all work shall berformed in accordance ce with the said additional 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. Wpaform5.doc•rev.12/15/00 Page 4 of 7 DEP FILE#242 - 1203 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 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 VIII(B)(p.33) of the North Andover Wetland Regulations). CAWinword\00C\242-1203.doc 1 NACC 6/26/03 DEP FILE #242 - 1203 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. 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. This Order of Conditions is issued under File No.242-1203. 26. 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. 27.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. 28. The proposed work includes: The construction of a single family home, driveway and associated appurtenances in the buffer zone to bordering vegetated wetland. 29. 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: Gene Willis 76 Boston Hill Road North Andover, MA 01845 Dated May 28,2003 Site Plans prepared by: Arjuna Construction Co. Inc. 160 Pleasant Street North Andover,MA 01845 Entitled: Notice of Intent Plan for 0 Stiles St. in North Andover, Mass. Prepared for Gene Willis, Revised through June 14,2003; 30. The following wetland resource areas are affected by the proposed work: Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted CAWinword\00C\242-1203.doc 2 NACC 6/26/03 DEP FILE#242 - 1203 to overcome the presumption of significance of this resource area to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32.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 (251 No-Disturbance Zone and a fifty foot(501 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. (See Section III(D) &Appendix G of the local Regulations). 33. 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. 34. 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. 35. 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. CAWinword\00C\242-1203.doc 3 NACC 6/26/03 DEP FILE #242 - 1203 36. 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 37. 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. 38. 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. 39. 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 DEP,File Number 242-1203." 40. 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 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. 41. 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 C:AWinword\OOC\242-1203.doc 4 NACC 6/26/03 DEP FILE #242 - 1203 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. 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. 43. 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. 46. A row of 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. 47. 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. 48. A check payable to the Town of North Andover shall be provided in the amount of $3,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, C:\Winword\OOC\242-1203.doc 5 NACC 6/26/03 DEP FILE #242 - 1203 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. 49. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The NACC or its Administrator will provide a list of approved consultants, of which one of the firms,will be required to provided the monitoring services. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 50. In order to enhance the 25' No-Disturbance Zone, a planting plan must be prepared by the Erosion Control Monitor and submitted to the Conservation Administrator for review and approval The planting plan may consist of buffer zone tree and/or shrub plantings. 51. Prior to construction, thea applicant shall permanently mark the edge of the "25' No- Pp P Y g Disturbance Zone" with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to CAWinword\00C\242-1203.doc 6 NACC 6/26/03 DEP FILE #242 - 1203 buyers/lessees/landscapers and all persons taking over the property from the applicant. 52. 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 "Compliance Certification Form 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. 53. 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 54. Upon beginning work, the applicant shall submit written progress reports every one (1) week 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. 55. De-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de-watering activities are occurring and until complete. If de-watering becomes necessary, activities shall be conducted in accordance with a de-watering plan to be submitted and approved by the Conservation Department.Activities shall be monitored daily by the erosion control monitor to ensure that sediment CAWinword\00C\242-1203.doc 7 NACC 6/26/03 DEP FILE #242 - 1203 laden water is appropriately settled prior to discharge toward the wetland resource areas. 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 a resource area. 56. A boulder wall must be constructed along the edge of the 25' No-Disturbance Zone. The boulders shall be no less than 36"in height and boulders must be installed so that they are continuously abutting each other. This requirement supercedes the wall detail displayed on the record plan. 57. 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. 58. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. 59. 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. 60. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area and shall occur at the locations designated on the site plan. 61. Washings from concrete trucks, or surplus concrete,shall not be directed to,any drainage system, or wetland resource area. 62. All waste generated by, or associated with,the construction activity shaII 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. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64. 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 CAWinword\OOC\242-1203.doc 8 NACC 6/26/03 DEP FILE#242 - 1203 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 65. 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. 66. 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. 67. No road salt, sodium chloride,or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 68. 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. 69. Upon complete stabilization of the site, all erosion controls must be removed and disposed of properly and unvegetated areas must be seeded immediately. 70. 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 for a Certificate of Compliance." q p 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 a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. CAWinword\00C\242-1203.doc 9 NACC 6/26/03 DEP FILE #242 - 1203 e. The name and address of the individual/trust or corporation to whom the' compliance is to beg ranted. 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 Civil Engineer(and/or 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 Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "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 as disturbance of soils or vegetation ➢ Location of all subsurface utilities entering the property. 71. 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the CAWinword\OOC\242-1203.doc 10 NACC 6/26/03 DEP FILE #242 - 1203 authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition# 64); ➢ Prohibition of underground fuels (Condition#65); ➢ Limitations on the use of fertilizers,herbicides, road salts, de-icing compounds and pesticides (Conditions#66&67). C:AWinword\OOC\242-1203.doc l I NACC 6/26/03 7L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A co y also must be mailed or hand delivered at the same time to the appropriate Department of Environ ntal Protection Regional Office (see Appendix A) and the operty owner(if different from appl' Signature . r OnOf Day Month an ear before me personally appeared 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 V My confmisa4w Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on 12,01e L Date Date Wpaform5.doc•rev.12115/00 Page 5 of 7 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number; 1 WPA Form 5 - Order of Conditions 242-1203 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal 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. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. 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 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.12/15/00 Pages of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1203 Provided by DEP Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of We of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If,registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/15/00 Page 7 of 7 DEP FILE #242 - 1203 APPENDIX A -AFFIDAVIT 1, 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. I 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. 4. I 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. I 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\242-1203.doc 12 NACC 6/26/03 Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) �a Project Location Mailing Address reran City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3);Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or moneyorder for payable to the Commonwealth of Massachusetts to: ord 50.00 $ , Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.6/11/03 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpaform5.doc-Appendix E•rev.6/11/03 Page 2 of 2 EROSION CONTROL MONITORING FIRMS West Environmental Inc. 122 Mast Road, Suite 6 Lee, NH 03824 (603) 659-0416 Contact Mark West Seekamp Environmental Consulting 29 South Main Street Newton, NH 03858 (603) 382-3896 Contact: Michael or Patrick Seekamp Epsilon Associates 150 Main Street, PO Box 700 Maynard, MA 01754 (978)461-6247 Contact Michael Howard Form C -- Application For Definitive SubdivisI Al i r C,. r., .. � { Received; Town of North Ando TjO*&gleFk (Pagn Stamp) Sfnp three (3) forms with the Town Clerk. -File one (1) with the Town Clerk and one (1,).,with the Planning Department. To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-T and 81-U,MGL, for approval of a proposed subdivision plan,hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said Definitive plan by the Board: a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public Works, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities with the utilities within the limits of ways and streets; b. To complete and construct the street or ways and other improvements shown thereon in accordance.with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices (I-V") and Figures(1-27), and the approved Definitive plan,profiles and cross- sections of the same. Said plan,profiles,cross-sections and construction specifications are specifically,by reference,incorporated hereing and made a part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, administrators, successors,grantees of the whole or part of said land, and assigns of the undersigned; and C. To complete the aforesaid installations and construction within two (2) years from the date hereof. I. Name of Applicant: /,[fir'//Is Address: _Ar,4,Jd,m-''" Signature of Applicant: 2. Name of Subdivision: 3. Description of Premises: n SL;le .51- i' 42 /0 7 r 4. Address of Property Being Affected: d STde-s 5T. Zoning District: Assessors: Map# D 7 h Lot# / y 5. Deed Reference: Book 3©4 7 ,Page /2] and Certificate of Title No. 6. Name of Surveyor/Engineer: f/ s Address: 160 Icy SrtLo ger Easements & Restrictions of Record (Describe &Include Deed References): 7. Preliminary Plan Submitted? IYo Plan Approved? ; Date Signature of Owner(s); e,4('- Address: 74 361-ri . MA h Received by Town Clerk: ' N E it E-OK FORMA u -S2 , 13 APPLICATION FOIt-ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 20 63>� To the Planning Board ofthe Town nfNorth Andover-, The undersigned wishe -to.recordihe.accompanying.plaaand requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land.slwvun..on.the accoru}aan}ring.plan is not a subdivision because every lot shown thereon has thl,amount of frontage required by the North Andover Zoning By Law and is on a public way,namely, or a private way.namely. S 1C 5T• , being land bounded as follows: e r J� ®ti.z j" ° u� o 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: yL vo tt 4 C d A4 of c. -o�-r^q c- CS i'-Ira v c.-.. Q . -$ " ` 3. Lot frontage and aqr . each lnt.1icted on accau�an 19 lan• / C l -✓�, 'fit �;E f �j 4 4. Description of proposal Vc ct_ 5. Title referencq North Essex Deed,Book .30 9 7 ;Page��`;or Certificate of Title No. ,Registration Book ;Page Appl' ' S' at , Owner's signature and address if not the applicant: (print name) Applicant's ddr= ®c Z) Ve r Tel.No. Y- EUGENE P.WILLIS 76 Boston Hill Rd. NorthAndover,Ma. 01845 978-685-7570 July 8, 2003 North Andover Planning Board 27 Charles St. North Andover MA. 01845 Re: ANR plan for 0 Stiles St. Dear Board Members, Under Section 2.7.2 of the Planning Board Rules and Regulations Governing the Subdivision of Land, Waiver of Specific Rules and Regulations, I request a waiver of any requirement to upgrade the existing conditions in Stile St. North Andover to provide for access to a single family dwelling to be built on lot 0 Stiles St. The reasons for this request are the following: 1. The lot in question does not meet the definition of subdivision according to section 1.3.25 of the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Stiles St. is a way that is currently used by the public to access Trustees of the Reservation Ward Hill Reservation area. 3. Has been used by construction vehicles in the past to access the rear of lots located on the westerly side of Penni Lane 4. Has overhead utility lines and poles along its entire length and is regularly accessed and maintained by Massachusetts Electric Co. 5. Will have a private well and septic system. b. Has adequate access for fire protection as indicated by the North Andover Fire Dept. sign off of the form U. 7. Stiles St. is paved up to 0 Stiles St. lot line. Sincerely, I Eugene P. Willis P.E. Delivered via hand delivery 7/08/03 ASSESSOR'S MAP 107D LOT 14 1 1 PROPOSED SINGLE ro FAMILY RESIDENCE N N W N EXISTING SHED S i .' t3 0.24' S 530 3'46" E \� EXISTING BUILDINGS \ PROPOSED HOUSE LOCATION \ A EXISTING f�R 0 S11LiES ST PAVEMENT ffir NORTH ANDOVER, MASS PREPARED f17R: �\ GENE WIUJS ' PLAN SCALE I " = 40' Town of North Andover °f NORTH , Office of the Planning Department F? °`z� o°p Community Development and Services Division * i 27 Charles Street North Andover,Massachusetts 01845 'SS�cHUSEt htt p:IIwww.townofnor thandovej.coin Planning Director: iwoods@townofnorthandover.com p 978)688-9535 J.Justin Woods F (978)688-9542 SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED July 9,2003 Gene Willis,Arjuna Construction 76 Boston Hill Road North Andover,MA 01845 r:n RE: 1n of Land on Stiles Street,ANR Form A Denial -< Dear Mr.Willis: r—,Lo At the regularly scheduled meeting of July 8,2003,you presented the above-referenced Form A Applestion to the North Andover Planning Board. The Board voted unanimously to deny the Form A application because the plan does not comply with the provisions of MGL Chapter 41, Section 81P or with the provisions of the of the Town of North Andover, Massachusetts Planning Board Rules and Regulations Governing the Subdivision of Land dated November, 2000, last Amended December 2002 (North Andover Subdivision Rules&Regulations),for the following reasons: 1) The private way known as Stiles Street DOES NOT meet the indicative criteria for the determination of frontage in accordance with Section 3.3 and Section 3.3.1 of the Town of North Andover Rules & Regulations. Specifically, the way is not paved and is not adequate to accommodate public safety access. 2) The Planning Board determined that the lot DOES NOT have frontage on a way that, in the judgment of the Board, has sufficient width, suitable grades and adequate access to provide for the needs of the vehicular traffic and public safety access in relation to the existing and proposed use of land abutting thereon or served thereby and for the installation of municipal services to such land(s)and/or buildings erected or to be erected thereon. 3) The Planning Board determined that the subject plan is a subdivision,as defined by MGL Chapter 41,Section 81L. You may re-submit the plan to the Planning Board for approval under the Subdivision Control Law and you are hereby notified that should you disagree with this decision, you have the right, under MGL Chapter 41, Sections P & BB, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Please feel free to contact me if you have any questions. #A!OFAPOPPEALS688-�9541 ly, ods BUILDING 688A545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i A t Received by Town Clerk: FORMA �L3vil_ — ? P12: 23 APPLICATION FOIA ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL IV Jam. To the Planning Board ofxhe Tawn afNoxth Andover: The undersigned wishestnrecord-the-accompan-ing.plan,and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land..shnwn..on.the-accom}a?}ung.plan is.nota subdivision because every lot shown thereon has thp-amount of frontage required by the North Andover Zoning B Law and is on a�ublic way,namely, or a private way,namely, � 1e ?/ . being land bounded as follows: e lid JB3 i — h o 2. The division of land shown on the accompanying plan is n/ot a subdivision for the following reasons: is 6 V�o 0 a „ 31 3. Lot fronta e and acr , a£each.lot.denictedm accon4=y g,. lan. Q� f r I . fj rels 4. Description of proposal tyy , I f 5. Title reference North Essex Deed,Book 30 L/ 7 ;Page_4:2 or Certificate of Title No. ,Registration Book ;Page Appl' ' S' a , Owner's signature and address if not the �' applicant: (print name) Applicant's ddr= 2�G e3 b', ' . /`, Tel.No. �� " J` _ 7 U` 7� EUGENE P. WILLIS 76 Boston Hill Rd. North Andover,Ma. 41845 978-685-7574 July 8, 2003 North Andover Planning Board 27 Charles St. North Andover MA. 01845 Re: ANR plan for 0 Stiles St. Dear Board Members, Under Section 2.7.2 of the Planning Board Rules and Regulations Governing the Subdivision of Land, Waiver of Specific Rules and Regulations, I request a waiver of any requirement to upgrade the existing conditions in Stile St. North Andover to provide for access to a single family dwelling to be built on lot 0 Stiles St. The reasons for this request are the following: 1. The lot in question does not meet the definition of subdivision according to section 1.3.25 of the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Stiles St. is a way that is currently used by the public to access Trustees of the Reservation Ward Hill Reservation area. 3. Has been used by construction vehicles in the past to access the rear of lots located on the westerly side of Penni Lane 4. Has overhead utility lines and poles along its entire length and is regularly accessed and maintained by Massachusetts Electric Co. 5. Will have a private well and septic system. 6. Has adequate access for fire protection as indicated by the North Andover Fire Dept. sign off of the form U. 7. Stiles St. is paved up to 0 Stiles St. lot line. Sincerely, Eugene P. Willis P.E. Delivered via hand delivery 7/08/03 i ASSESSOR'S MAP 107D LOT 14 cn PROPOSED SINGLE N FAMIL Y RESIDENCE e N r N W N "= EXISTING SHED S 2105 �PR�ti ©e2� oti PR��ASE 3 i 0.24' 53" 346 E EXISTING BUILDINGS \ PROPOSED HOUSE LOCATION \ FOR EXISTING 0 STILES ST PAVEMENT by NORTH ANDOVER, AMASS. PWAv FOR. v GENE WILLIS ��� PLAN SCALE I" = 40'