HomeMy WebLinkAboutMiscellaneous - 12 BONNY LANE ti
ILIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions NACC#29
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
,When filling out 1. Applicant:
forms on the Anthony F. Grasso
computer,use Name
only the tab
key to move 9 Cochicewick Road
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
2. Property Owner(if different):
Same
Name
gun
Mailing Address
Cityrrown State Zip Code
B. Authorization
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
r40/^-
5/ vNorth Andover
Date Issued by; Conservation Commission
for work at: 12 Bonny Lane- Map 62 Parcel 41
Street Address Assessor's Map/Plat Number Parcel/I of Number
recorded at the Registry of Deeds for:
Essex North 11794 131
County Book Page
Certificate(K registered land)
is hereby extended until: 5/10/11
Date . Date the Order was last extended(if applicable)
This date can be no more than 3 years from the expiration'date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to
the applicant and the appropriate DEP Regional Office(hftD:/twww.mass.00v/der)/about/re-gion/findyour.htm
Signat es: —`� /S 10
9 C � �//i� Date.
wpaformTdoc•rev.3/1/2010 Page 1 oft
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Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection-Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions NACC#29
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of
Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
12 Bonny Lane NACC#29
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 in accordance with GeneralCondition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.3/1/2010 Page 2 of 2
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,Vice-Chairman
NORTy
Richard J.Byers,Esq.Clerk 3?oE t�.o ,�'�•yoL k,s1`4� �3'' �,
D.LaGrasse �`:�' `• O 3:
Richard M.Vaillancourt F
Associate Members
it
Thomas D.Ippolito
Daniel S.Braese,Esq. �,y"Oq,..o••` � t €� .
Michael P.Uporto SSACNCITown—,ar i#e
Minor Modification to Notice of Decision Year 2007
Decision Address: 12 Bonny Lane
NAME: Bonny Realty Trust MODIFICATION DATE: Aril 14,2009
ADDRESS: 12 Bonny Lane, FETMON: 2007-013
North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at its regular meeting an Tuesday,April 14,2009,at 7:30
PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA upon the application of Bonny
Realty Trust,Amy F. Constantino,Trustee,70 Pine Ridge Road,North Andover for premises at:12 Bonny Lane
(Map 62,Parcel 41),North Andover requesting that decision 2007-013 be modified in order to allow the pry
single family dwelling to be moved slightly closer to Bonny Lane. Said premise affected is property with frontage on
the East side of Bonny Lane within the R-1 zoning district
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito,
Daniel S.Braese,and Michael P.Liporto.
Upon a motion by Richard J.Byers and 2"d by Richard M.Vaillancouit the Board found that the request to re-locate
the proposed single family dwelling closer to the front lot line rather than the 2007-013 Variance decision's Site Plan
location is a minor modification and that this modification does not alter the intention of Variance decision 2007-013.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi III,and Richard M.
Vaillancourt.
Upon a motion by Joseph D.LaCirasse and 2°d by Ellen P.McIntyre,the Board voted to GRANT Bonny Realty
Trust's request to modify Variance 2007-013 to locate the single family dwelling closer to the front lot line than the
setback shown on the 2007 Site Plan. In all other respects,the original decision remains in full force and eff
modified hereby pert r 4*, . x, ?l,s� Y e�
Site: 12 Bonny Lane(Ma2 62,Parcel 41,North Andover,MA 10845
Site Plan Title: Site Plan,Single Family Dwelling,Bonny Lane,North Andover,MA 01845,
Owner:Bonny Realty Trust,Amy F. Constantino,Trustee,70 Pine Ridge Road,
North Andover,MA 01845
Date(&Revised Dates): 3/17/09
Registered Professional Land Robert E.Smith,Jr.,;#35794,Cammcit Engineering,297 Elm Street,Amesbury,
Surveyor: MA
Sheet/Drawing: Sheet I of l
Page 1 of 2
1
1,600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover•com
i
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman l cam, _`'t�.D
Ellen P.McIntyre,Vice-Chairman '-
pORT/j
Richard J.Byers,Esq.Clerk pf�q{RD ,s
Joseph D.LaGrasse 3? ®`+� IN.•e �pL vt ! Ft
Richard M.Vaillancourt
Associate Member
r
Thomas D.Ippolito � 4
�D a" �`
Daniel S.Braese,Esq. A-4•o K E^TED i
7 g
Michael P.Liporto �sSgcNusMASS' Stamp
BuildingPlan Title: Bo Lane,North Andover MA,01845
By: R C.Searles Associates,7 Gladwalt Rd.,MWIbborOugh Ma
Sheet/Drawing: Sheetsl-0
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard L Byers,Albert P.Manzi III,and.Richard M
Vaillancourt
North Zoning Board of Appe"
Albert,P.Manzi,III,Esq.,Chairman
Ell .McIntyre, Vice Chairman
12 J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Richard M.Vaillancourt
2007-013.
M62P41.
Page 2 of 2
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiordmdover.corn
s' 1
Town of North Andover
ZONING BOARD OF APPEALS _ n 111
Albert P.Manzi III,Esq.Chairman
S. 3
Ellen P.McIntyre,Vice-Chairman
Richard J.Byers,Esq.Clerk cE No oT 6 �
o ps.. +
Joseph D.LaGrasse F 2. `° .•`° p� n0 t�y -5 i l
Richard M.VaMancourt
Associate Members it
Thomas D.Ippolito *?o�. ea" Jg t
Daniel S.Braese,Esq.
Michael P.Liporto 9SswCHuS��
amp
Minor Modification to Notice of Decision Year 2087
Decision Address: 12 Bonny Lane
NAME: - Bonny Realty Trust I MODMCATION DATE: Aped 14,2009
ADDRESS: 12 Bonny Lane, PETITION: 2007-013
North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 14,2009,at 7:30
PM in the Town Hall top floor meeting roam, 120 Main Street,North Andover,MA upon the application of Bonny
Realty Trust,Amy F.Constantino,Trustee,70 Pine Ridge Road,North Andover for premises at:12 Bonny Lane
(Map 62,Parcel 41),North Andover requesting that decision 2007-013 be modified in order to allow the proposed
single family dwelling to be moved slightly closer to Bonny Lane. Said premise affected is property with frontage on
the East side of Bonny Lane within the R:1 zoning district
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Richard M.Vaillancourt. The fallowing non-voting members were present: Thomas D.Ippolito,
Daniel S.Braese,and Michael P.Liporto.
Upon a motion by Richard J.Byers and rd by Richard M.Vaillancourt,the Board found that the request to re-locate
the proposal single family dwelling closer to the front lot line rather than the 2007-013 Variance decision's Site Plan
location is a minor modification and that this modification does not alter the intention of Variance decision 2007-013.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi III,and Richard M.
Vaillancourt
Upon a motion by Joseph D.LaGrasse and 2'd by Ellen P.McIntyre,the Board voted to GRANT Bonny Realty
Trust's request to modify Variance 2007-013 to locate the single family dwelling closer to the front lot line than the
setback shown on the 2007 Site Plan
1. The modified Site Plan dated 3117/19 herein referenced shall be recorded at the Eswx North registry
of Deeds and filed with the Board of Appeals.
In all other respectsi,the originaldecision remains in full force and effect as modified hereby per:
Site: 12 Bow
yLaneWap 62,Parcel 41 North Andover,MA 10845
Site Plan Title: Site Plan,Single Family Dwelling,Bonny Lane,North Andover,MA 01845,
Owner.Bonny Realty Trust,Amy F.Constantino,Trustee,70 Pine Ridge Road;
North Andover,MA 01845
Date(&Revised Dates): 3/17109
Registered Professional Land Robert E.Smith,Jr.,#35794,Cammett Engineering,297 Elm Street,Airy,
Surveyor: MA
Sheet/Drawing.- Sheet I of 1
Page I of 2
1600 Osgood St.,Bldg 20-Suite 2-36,North Ate,ISA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.towaotordmdmw.com
1 y.
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman a
Ellen P.McIntyre,Vice-Chairman
Richard J.Byers,Esq.Clerk at No Dr`qq, +3 qpA
Joseph D.LaGrasse i"
Richard M.Vaillancourt ti
Associate Members
Thomas D.Ippolito tCA , 1ej:,£i_ ;
Daniel S.Braese,Esq. 'ss �Nwr.c•*" b ,r s r .�a,
Michael P.Liporto 9��wCHus�� To &m— stamp
Building Plan Title: Bomly Lane,North Andover MA,01845
By: R C.Searles Associates,7 Gladwalt Rd.,Nppftoroug Ma.
-
Sheet/Drawin : Sheetsl-6
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard L Byers,Albert P.Manzi III,and Richard M.
Vaillancourt
N Andover Zoning Board AppealsP.Manzi,HI,Esq.,Chairman
Wen P.McIntyre, Vice Chairman
Richard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Richard M.Vaillancourt
2007-013.
M62P41.
Page 2 of 2
1600 Osgood St.,Bldg 20-suite 2-36,Nom At dow,MA 91846
Phone-978-688-9541 Fax-978-699-9542 Web-www.tDwnofiwrdmtdow.com om
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CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
12Bonny Lane,North Andover
At the April 8, 2009 public hearing the North Andover Conservation Commission (NACC)
voted to issue a minor modification to NACC #29.The Modification shall conform to the
plans and documents referenced below.
Applicant: Anthony F. Grasso
9 Cochicewick Road
North Andover,MA 01845
Record Plans: Site Plan,Single Family Dwelling,Bonny Lane,North Andover,MA
01845
Prepared by: Cammett Engineering
Revision Date: 3/17/09
Revised Elevations and Floor Plans,Bonny Lane,North Andover,
MA 01845
Prepared by: Searles Associates
6 sheets
Other Record Documents: Letter Re: 12 Bonny Lane,North Andover,Map 62/Parcel 41
Prepared by:Donald F.Borenstein,Johnson&Borenstein,LLC
Dated: March 24 2009
Approved Modifications
❖ Relocation of house footprint and associated appurtenances (deck,walkway,etc.) as depicted on
the herein referenced documents and plans.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/N kndoverN-IA—Conservation/index
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CONSERVATION DEPARTMENT
Community Development division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: 6,tr4sso
,t Q Bonne Ly /j
_A',j�:gid, Ado vEyL IpW Q7ggS"=1x3`7
Z'4A�e PQ (0 0(A_�'QY) t) Q1 P -CM�Qt—JY.DL f)n
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as a Modification to the Order of Conditions issued inFile YA&0 a9 dat �o o and
recorded in Book#//1'�-V and page i3/
Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
Cr
t
On this �Gr of ,e;1�oQ 9 before me personally appeared`Scott Masse tome
y mon yr
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 M Commission Ex ices
DONNA M.WEDGE
vq NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS i
My comm.Expires Aug.7,2009 .
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com
` IVI
Town of North Andover h
3
° ti Office of the Planning Department2069 APR 15 PM 2: 5
* Community Development and Services Division
*�gss,r.o�SE� 1600 Osgood Street F10 r '
A`HU li
North Andover,Massachusetts 01845 lA5 ,4�" i`.
NOTICE OF DECISION
Watershed Special Permit-Waiver
Date of Decision: April 7,2009
Application of: Amy Constantino, Trustee, Bonny Realty Trust
70 Pine Ridge Road
North Andover,MA 01845, AND
Anthony Grasso
9 Cochichewick Drive
North Andover,MA 01845
Premises Affected: 12 Bonny Lane, North Andover,MA 01845,Map 62,Parcel 41,within
the R-1 zoning district.
HISTORY AND BACKGROUND
On March 12, 2007, the Planning Board unanimously voted to grant the applicant, Amy
Constantino, Trustee, Bonny Realty Trust, a Watershed Special Permit, so as to allow the
construction of a 3,950 s.f. single-family residence with attached garage, 110+ foot driveway,
installation of underground utilities, and associated grading and landscaping 60' from a
delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed
Protection District.
The applicant and his attorney, D. Borenstein, appeared before the Planning Board on April 7,
2009, to request that a revised plan, dated March 17, 2009,named"Site Plan for Single Family
Dwelling, Bonny Lane,North Andover,MA 01945,prepared for Bonny Realty Trust replace
the previous plan as the plan of record for the above mentioned approved Watershed Special
Permit. The new plan shows a slightly smaller building footprint,with the total amount of
impervious surface to be reduced by approximately 50 sq. ft.
DECISION
After a Planning Board meeting on the above date, and upon a motion by T. Seibert and 2n'by
M. Walsh, a vote was taken with regard to a waiver of the Watershed Special Permit. The vote
was unanimous in favor of the waiver.
FINDING OF FACT
The Planning Board has made its decision based on the following findings:
• The building footprint differs slightly from the original and retains the same setbacks
from the wetlands as the original.
• The total impervious surface of the project is reduced by approximately 50 sq. ft.
I�
• The new plan allows the conservation of several large trees on the property.
• The new plan has been approved by the Town of North Andover Conservation
Commission.
CONDITIONS
The conditions approved by the Planning Board with regard to the original Watershed Special
Permit are in full force and effect.
m
orth Ando r PlaUding Board
John Simons, Chairman
Jennifer Kusek, Clerk
Richard Rowen
Tim Seibert
Michael Walsh
2
%SORT .6 FIVED
NORTH + t
Town of North Andover -
° = Office of the Planning Department
Community Development and Servicesc
1600 Osgood Street
SACHUSE i
North Andover,Massachusetts 01845 X10 I r "
NOTICE OF DECISION
Watershed Special Permit-Extension
Date of Decision:February 24,2009
Application of: Amy Constantino, Trustee, Bonny Realty Trust
70 Pine Ridge Road
North Andover,MA 01845,AND
Anthony Grasso-
9 Cochichewick Drive
North Andover, MA 01845
Premises Affected: 12 Bonny Lane, North Andover, MA 01845, Map 62,Parcel 41,within
the R-I zoning district.
On March 12, 2007, the Planning Board unanimously voted to grant the applicant, Amy Constantino,
Trustee, Bonny Realty Trust, a Watershed Special Permit, so as to allow the construction of a
proposed 3,950 s.£ single-family residence with attached garage, 110+ foot driveway,
installation of underground utilities, and associated grading and landscaping 60' from a
delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed
Protection District.
Referring to the above petition for a Watershed Special Permit from the requirements of the
North Andover Zoning Bylaw, Section 4.136.3(cii), (1), (2),(5) & (6).
After a Planning Board meeting on the above date, and upon a motion by R.Rowen and 2"d by J.
Kusek, a vote was taken with regard to an extension of the Watershed Special Permit for the
period of one year from the date of the meeting. The vote was unanimous in favor of the
application.
jrth Andover P nning Board
imons, C irman
Jennifer Kusek, Clerk
Richard Rowen
Tim Seibert
Michael Walsh
JOHNSON&
Mark B.Johnson(MA,NH,DQ
BO_RENSTEIN, L_ LC
td�-
"'t- '=Borenstein(MA,ME,NH)
ATTORNEYS AT LAW2009 MAR 25 # � Lorri S.Covitz(MA)
istine M. Sheehy(MA)
Denise A.Brogna(MA,CA)
12 Chestnut Street , f ._jeslie Crofton Carey(MA,RI)
Andover, MA 01810-3706 ' s' P r' Karin M. Theo(MA)
Tel: 978-475-4488 '`
Fax: 978-475-6703 Paralezals
www.jbilclaw.com Kathryn M.Morin,J.D.
don@jbllclaw.com Michele C.Jonikas
Karen L.Bussell
Via Hand Delivery
March 24, 2009
Planning Board ,Zoning Board of Appeals
Town of North Andover Town of North Andover
120 Main Street 120 Main Street
North Andover, MA 01845 North Andover, MA 01845
Conservation Commission
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: 12 Bonny Lane, North Andover
Map 62/Parcel 41
Ladies and Gentlemen:
As you may recall, I represent Bonny Realty Trust,owner of the above-referenced
residential lot. The following permits and approvals have been issued for the
development of a single-family home on the property:
Planning Board
Watershed Special Permit dated 3/6/07 recorded at ENDROD 10952/8
Special Permit Extension dated 2/24/09 recorded at 11503/209
Zoning Board
Variance dated 9/20/07, recorded at 10952/5,Petition #2007-013
Variance Extension dated 10/17/08 recorded at 11393/45
MAR 242009
L�!
BOARD 00, APPEALS
Planning Board
Zoning Board of Appeals
Conservation Commission
Town of North Andover
March 24, 2009
Page 2
Conservation Commission
Order of Conditions, NACC #29, dated 5/10/07,recorded at 10794/131
Bonny Realty Trust now has the property under agreement to sell the lot to
Anthony Grasso Mr. Grasso lives nearby and intends to assist his son with the
construction of a home on the property for his son and his son's family.
In connection with his intended construction,Mr. Grasso is having final building
plans prepared. The building plans Mr. Grasso would like to proceed with differ
slightly from the plans approved by the Town boards in 2007. Specifically, the
house design has been finalized and changed slightly from the approved schematic
plans and, the location of the house has been moved slightly closer to Bonny Lane.
Although these changes do not require any further zoning variance and appear
consistent with the spirit and intent of the prior approvals, Mr. Grasso desires to
keep the boards fully informed of his proposed construction. Mr. Grasso would
also like to receive confirmation from each of the boards that these changes are
minor modifications, consistent with their original approvals, and do not require
any further public hearing or formal amendment. To assist the boards in this
regard, I have enclosed' an "Overlay Site Plan"prepared by the project
engineer/surveyor dated 3/1/7/09. The Overlay Site Plan compares Mr. Grasso's
proposed home (shown in red)to the original approval.
I have also enclosed a letter from the project engineer dated 3/18/09 confirming
that the area of disturbance in the 100' non-discharge buffer zone is not changed
by Mr. Grasso's minor modifications and that the total amount of impervious area
on the property is reduced slightly, by 30 s.f., by Mr. Grasso's modifications.
Finally, I have enclosed a 6 sheet house plan, prepared by R.C. Searles Associates,
reflecting the home Mr. Grasso proposes to build, and a revised "Site Plan"
prepared by the project engineer/surveyor showing the location of the home Mr.
Grasso proposes to build. These two plans would replace the previously approved
' Two full sized copies and seven 11"X17" copies have been enclosed of each plan for
each of the boards. If electronic copies or any additional hard copies are desired, please
contact me.
s W
Planning Board
Zoning Board of Appeals
Conservation Commission
Town of North Andover
March 24, 2009
Page 3
plans as the plans of record for the Project, if the boards agree and confirm that
Mr. Grasso's proposal constitutes a minor modification within the boards' original
approvals.
Would you be so kind as to place this request for confirmation of a minor
modification on your board's agenda as an information discussion item according
to the following schedule:
Planning Board-April 7, 2009
Zoning Board—April 14, 2009
Conservation Commission April 8, 2009
In the meantime, Mr. Grasso also expects to submit building plans and a building
permit application to the Town's Building Inspector for his review and comment.
Thank you very much for your anticipated cooperation in these regards.
Should you need any further documents or information in connection with this
request, please do not hesitate to contact me.
Very truly yours,
JOHNSON & BO ENSTEIN, LLC
Donald F. Borenstein
DFB/mbf
Enclosures
Cc: Gerald Brown, Inspector of Buildings, via hand delivery
Anthony Grasso, I"class mail
Bonny Realty Trust P class mail
Woodbury C.Cammett,PE MA NH
Fred V.Ford,PE MA cPEsc,cPswo
Est. '�, Lee R Thibodeau,PE MA,NH,ME
m� 1975 °e, Robert E.Smith,PLs MA,NH
CA
M M ETT
0
CE
HIJONEERNC4 Consulting Engineers and Land Surveyors
Land Survey
March 18,2009
Mr. Anthony Grasso
9 Cochichewick Drive
North Andover,Ma. 01845
RE: 12 Bonny Lane
North Andover,Ma.
Dear Tony,
At your request, our office has modified the proposed site plan at 12 Bonny Lane to incorporate
the proposed house footprint you propose to build. With this modification we have checked the
areas of disturbance in the 100'non-discharge buffer zone and the non-discharge buffer zone.
These areas have not changed and remain the same as indicated on the site plan. We have also
checked the amount of impervious area on the total lot between the previously approved plan and
the proposed plan. The proposed plan provides a slight reduction,30 sf,of impervious area from
3930 sf to 3900 sf.
If there are any questions regarding this information,please contact this office.
Sincerely,
W. C. Camm Engineenn Inc.
r f
Fred V. Ford,P.E.
Title: M1Winword1200910900811etters1090081etterAnthon
yGtasso031809
r r W.C.Cammett Engineering, Inca
297 Elm Street • Amesbury,Massachusetts 01913
Telephone: 78)388-2157 ♦ Fax: (978)388-0428
an �i'''' www.camrnef.com
BOAR[ OF �\PPEALS
r�
Town of North Andover
ZONING BOARD OF APPEALS ` Town )C r1 ,,r,t stA,7,P
Albert P.Menzi 1TI,F',sq, (.hoirman
F�1
1'llen P. Mclrnttre, "OitTp
Richard J. liters 1-'sq. C;lerk Of10 ,e 9,y
Joseph D. 1 aGrasse �r �� *° OL '� 7 Ca 7 r5 F ^^• e
David R. Ck%chster �¢ to 4UU1 V:..3 u v
71
Irrn iala tllembers 'A
Ilio,nas D Ippolito
Richard,4t Vaillancourt * """""" p`t
+OT4TE0 y+(�*
7
Daruel S, Braese, �sSRCHUS��
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass.Gen. L.ch:
40A, §17 Property at: 12 Bonny Lane
NAME Bonny Realty Trust,Amy F. HEARING(S): August 14&September 11,2007
Constantino, Trustee, 70 Pine Ride Road
ADDRESS: 12 Bonn Lane PETITION: 2007-013
North Andover, MA 01845 TYPING DATE: Se tember20,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11,2007 at 7:30 PM upon the
application of Bonny Realty Trust,Amy F.Constantino, Trustee, 70 Pine Ridge Road,North Andover for premises
at: 12 Bonny Lane(Map 62, Parcel 41),North Andover requesting dimensional Variance from Section 4, Paragraph
4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer Zone
and Section 7, Paragraphs 7.1, 7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order
to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny
Lane within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in
the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July_,2...007.
The following voting members were present: Ellen P. McIntyre,Joseph D. LaGrasse,Albert P. Manzi, III, David R.
Webster,and Thomas D. Ippolito. The following non-voting members were present: Richard M.`Vaillancourt and
Daniel S. Braese.
Upon a motion by Ellen P. McIntyre and 2nd by David R. Webster,the Board voted to GRANT a dimensional
Variance from Section 4, Paragraph 4.136.3.c.ii.3 for relief of 36' from the requirements of the 100' Watershed
Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a proposed single
famil dwellinper:
Site: 12 Bonn Lane(Map 62,Parcel 4I ,North Andover,MA 10845
Site Plan Title: Site Plan,to Accompany,Variance Request,,Single Family Dwelling,`Bonny
Lane,North Andover, MA 01845,Owner: Bonny Realty Trust,Amy F.
Constantino, Trustee,70 Pine Ride Road,North Andover,MAD 1845
Date(&Revised Dates): 6-14-07
Registered Professional Land - Robert E. Smith,Jr.,#35794,Cammett Engineering,297 Elm Street,
Surveyor: Amesbua,MA
Sheet/Drawing: Sheet t of 1
Building Plan Title: House Plans,to Accompany, Variance Request,Single Family Dwelling,
Bonny Lane,North Andover,MA 01845,Owner:Bonny Realty Trust,Amy F.
Constantino, Trustee, 70 Pine Ride Road,North Andover,MA 01845
By: Cammett Engineering,297 Elm Street,Amesbury,MA
Date: 7/05/07
Sheet/Drawing: Sheet oft
Page l of 2
1600 Os�lmd Street,Building 20-Suite 2-36,North Andover,Mas.-ichtz, s 01845
I'hn
oe-978-688-9541 I Fax-r)78-688-9542
Web-tkl%cta-.to\taiotirorthanaovcr.eom
Town of North Andover
Tc+vn Clerk k Tu ..;i[anrt±
ZONING BOARD OF APPEALS
lb(•r£P. '%4anzi III,Iicy Chnirmarr
[]len R NtilcIntvre, 1 °'"-C;hurrm.nr µOR7N
Richard i. I3vers,Esq. C,Zer� o eo ,61+ ...?,
)owph D. L, pa be "' '° OL L 1 i .7 i� C
David R.Webste F u
'Is
sojlr,L1emherr
Ihomas D Ippolito
Richard M. Vaillancoirrt
Daniel S.Braese,Esq. �sSACHUSE�
With the following conditions:
1• The applicant shall record the Planning Board Watershed Special Permit,the Conservation
Commission Notice of Intent,and this Variance at the Essex North Registry of Deeds.
Voting in favor of the Variance: Ellen P. McIntyre,Joseph D.LaGrasse, David R. Webster,and Thomas D.
Ippolito. Voting against the Variance: Albert P. Manzi, Ill.
The Board finds that owing to circumstances relating to the specific shape and topography of the land affect 12
Bonny Lane(Map 62, Parcel 41),but does not affect the Residential l and Watershed Protection District zoning
districts in which it is located,a literal enforcement of the provisions of Paragraphs 4.136.3.c.ii.3 would involve
substantial hardship, financial or otherwise,to the petitioner. The Board finds that the Planning Board Watershed
Special Permit dated March 6,2007 statesin Findings of Fact:"1)b)The topography of the site will not be altered
substantially. The single-family residence and proposed driveway were specially designed and located closer to
Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the
property...."and the Conservation Commission Notice of Intent dated 5/10/07 states that"27. The proposed work
includes:the construction of a single-family dwelling,deck,driveway,retaining wall, installation of utilities, '
stormwater features(water quality swale/roof infiltration trench),removal of existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland
(IVW)....". The Board finds that the above decisions contain conditions designed to protect the Watershed
Protection District even though the location is 64',not 100' from the Non-Disturbance Protection Zone. The Board
finds that that there was no written or spoken opposition. The Board finds that 12 Bonny Lane(Map 62,Parcel 41)
is Lot I on the Definitive Plan of Hardtcourt Estates, located in,North Andover, Massachusetts,and recorded at the
Registry of Deeds,North District Essex County on October 23, 1979. The Board finds that desirable relief may
granted without substantial detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the North Andover Bylaw.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of building permit as the applicant must abide
by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as
required by the Inspector of Buildings.
Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,
it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit
granted under the provisions contained herein shall be deemed to have lapsed after two(2)year period from the
date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse
and may be re-established only after notice,and a new hearing.
jNoAndover Zoning oard of ppeals
Manzi, III,Esq.,Chairman
Ellen P. McIntyre, Vice Chairman
Joseph D.LaGrasse
David R. Webster
Associate Member
Thomas D. Ippolito
Decision 2007-013. M62P41.
Page 2 of 2
1600 Osgood Street.Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542
w`eb tvwxv tow-mAriorthandover.coin
Town of North Andover
ZONING BOARD OF APPEALSe -
-filbert P.Manzi 11I,Esq. Chairman
Ellen P.McIntyre,lfice-Cbairman
Richard 1.Byers Esq.Clea cE NORTk
�tt�.o �0 2008 OCT 0 P.11 •.
1
Joseph D.LaGrasse 3a' s..:+ • o�
Richard M,Vaillancourt
r
Asso aate Alembers
Thomas D,Ippolito
�cw�
Daniel S.Bxaese,Esq. �i 'b+,..,�•" 4`� �"s ,•µ�,;,��, '��"uri�Stamp
�SSACHUSE�
October 17,2008
Donald F.Borenstein,Esq.
Johnson&Borenstein
12 Chestnut Street,
Andover,Massachusetts 01810
RE: Bonny Realty Trust,Amy F.Constantino,Trustee
70 Pine Ridge Road
North Andover,Massachusetts 01845
Regarding your request for a six(6)month extension of the Variance 2007-013:
Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises
affected at the 12.Bonny Lane,North Andover,Massachusetts.
The Zoning Board of Appeals voted to extend for a period of six months the Variance granted by the 2007-013
decision to and including April 14,2009 during the regular October 14,2008 meeting upon a motion by Joseph D.
LaGrasse and 2n'by Richard M.Vaillancourt. Mass.Gen.L. ch.40A,§10 allows the Variance permit,Panting
authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor:
Joseph D.LaGrasse,Richard J.Byers,;Richard M Vaillancourt,and Thomas D.Ippolito.
North And Z Board of Appeals
Richard J.Byers, ..sq.,Acting Chairman and Clerk
Joseph D.LaGrasse
Richard M.Vaillancourt
AssociateMembers
Thomas D.Ippolito
cc: Town Clerk
ZBA file 2007-013. M62P41.
1600 Osgood SL,Bldg 20 Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web' www.townofnorthmdover.corn
Town of North Andover
Tn.rn+ I rI, !'rrr< <rrr,t�
ZONING BOARD OF APPEALS
1lbert P.Manzi 111, l q. c;7zrirm.rx
I?llf n P. 1lclntvre, 1-ire-Chairwan 4 NORTq
Richard 1. Byers,Esq. Clerk. � thio Sr-,) (
lciscph f). JmGra,ce 3`r ��;� " se Opw vn i J`-rj G S p + u
David R \X'cb. er td
.,.so,iale.1h.mberc
Iltornae D.Ippolilo ' �" #
Richard M. \'aillancourtowe»o
l?arriel ti. Brac•Se,F:ul. s$ACiJUS��
Any appeal shall be filed within
Notice of Decision'
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass.Gen. L.ch.
40A, §17 Property at: 12 Bonn bane
NAME: Bonny Realty Trust,Amy F. HEARING(S): August 14&September 11,2007
Constantino, Trustee,70 Pine Ride Road
ADDRESS: 12 Bonn Lane PETITION: 2007-013
North Andover, MA 01845 TYPING DATE: Se tember 20,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11 2007 at 7:30 PM upon the
application of Bonny Realty Trust,Amy F.Constantino,Trustee,70 Pine Ridge Road,NorthAndover for premises
at: 12 Bonny Lane(Map 62,Parcel 41),North Andover requesting dimensional Variance from Section 4,Paragraph
4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer Zone
and Section 7, Paragraphs 7.1, 7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order
to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny
Lane within the R-I zoning district. Legal notices were sent to all names on the abutter's list and were published in
the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July 2,2007.
The following voting members were present: Ellen P. McIntyre,Joseph D. LaGrasse,Albert P.Manzi, III,David R.
Webster,and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt and
Daniel S. Braese.
Upon a motion by Ellen P. McIntyre and 2'd by David R. Webster,the Board voted to GRANT a dimensional
Variance from Section 4, Paragraph 4.136.3.c.ii.3 for relief of 36' from the requirements of the 100' Watershed
Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a proposed single
famL'1j dwelling, er:
Site: 12 Bonny Lane(Ma 62,Parcel 41),North Andover, MA 10845
Site Plan Title: Site Plan,to Accompany,Variance Request,Single Family Dwelling, Bonny
Lane,North Andover,MA 01845,Owner: Bonny Realty Trust,Amy F.
Constantino,Trustee,70 Pine Ridge Road,North Andover,MA 01845
Date(& Revised Dates): 6-14-07
Registered Professional Land Robert E.Smith,Jr.,#35794,Cammett Engineering,297 Elm Street,
Surveyor: Amesbury,MA
Sheet/Drawin : Sheet I of 1
Building Plan Title: House Plans,to Accompany, Variance Request,Single Family Dwelling,
Bonny Lane,North Andover,MA 01845,Owner: Bonny Realty Trust,Amy F.
Constantino,Trustee, 70 Pine Rid a Road North Andover.o er,MA 018 45
By: Cammett Engineering,297 Elm Street,Amesbury. MA
Date: 7/05/07
Sheet/Drawing: Sheet 2 o£2
Page l of 2
1600 Osgmd Street,Building 20-Suite 2-36.North Andover.Massachusetts 01845
Phone-979-688-9541 Fax-978-089-9542 Web- corn
t
t
Town of North Andover
Iou•,ft iaik I'un,5t;rmy
ZONING BOARD OF APPEALS -,
!, Albert P. Manzi 111,Esq. chaim,",
1?11e1 P. Mdntvre, I t -Chuerman pQRt�{
Richard 1. B�<rs, Fac. (.Icrk OfAYLeo
is scph D. 1,jUrasse A S 70
_,
D:n-id R W'c-bster !°
-l;anrale Memberr, �
•lhoma� D Ippolito
'
At
Richard Al. Caillancourt
Daniel S. Bracse,Esq.
�SSAC Hit`-�K
With the following conditions:
1. The applicant shall record the Planning Board Watershed Special Permit,the Conservation
Commission Notice of intent,and this Variance at the Essex North Registry of Deeds.
Voting in favor of the Variance: Ellen P.McIntyre,Joseph D.LaGrasse, David R. Webster,and Thomas D.
1ppolito. Voting against the Variance: Albert P. Manzi, III.
The Board finds that owing to circumstances relating to the specific shape and topography of the land affect 12
Bonny Lane(Map 62, Parcel 41),but does not affect the Residential 1 and Watershed Protection District zoning
districts in which it is located,a literal enforcement of the provisions of Paragraphs 4.136.3.c.ii.3 would involve
substantial hardship, financial or otherwise,to the petitioner. The Board finds that the Planning Board Watershed
Special Permit dated March 6,2007 states in Findings of Fact;"I)b)The topography of the site will not be altered
substantially. The single-family residence and proposed driveway were specially designed and located closer to
Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the
property...."and the Conservation Commission Notice of intent dated 5/10107 states that"27.The proposed work
includes:the construction of a single-family dwelling,deck,driveway,retaining wall, installation of utilities,
stormwater features(water quality swale/roof infiltration trench),removal of existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland
(iVW)....". The Board finds that the above decisions contain conditions designed to protect the Watershed
Protection District even though the location is 64',not 100'from the Non-Disturbance Protection Zone. The Board
finds that that there was no written or spoken opposition. The Board finds that 12 Bonny Lane(Map 62,Parcel 41)
is Lot I on the Definitive Plan of Hardtcourt Estates, located in,North Andover,Massachusetts,and recorded at the
Registry of Deeds,North District Essex County on October 23, 1979. The Board finds that desirable relief may be
granted without substantial detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the North Andover Bylaw.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as
required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,
it steal l lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit
granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the
date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse
and may be re-established only after notice,and a neAoAndover
Zoning oard of ppeals
nzi,Ill,Esq.,Chairman
Ellen P. McIntyre, t%ice Chairman
Joseph D.LaGrasse
David R. Webster
Associate Member
Thomas D.tppolito
Decision 2007-013. M62P41.
Page 2 of 2
16(1(1()stood Street.Building 20-Suiten-36;North 1lxtdae�7_Masstichttutts tl1845
Hwilc-978-698-9541 Fax 979-688-9542 Web-eil�ie.ta�rnuliu�rthandorer.ca�m
r gORTI,
RE CrtEIVED��jr
• r�ae e .
oq 4 a y
�9SSACNuse�� ,,f ,
MAR {L1
M 10: 59
PLANNING DEPARTMENT
Community Development Division T n"v,i ,�.
1600 Osgood Street t40R,T F. ANk
North Andover,Massachusetts,01845 MASS
Phone:978-688-9535
Fax:978.688-9542
NOTICE OF DECISION
Any appW shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: March12,2007
Date of Hearing: October 17,2006,January 20,207
Date of Decision: March 6,2007
Petition of: Bonny Reaity Trust-Any Constantino Tree
70 PiwRidge Road
North Andover,MA 01845
Premises Affected: 12 Bonny lane,North Andover,MA 01845,Map 62,Parcel 41,within the R-1
zoning district.
Referring to the above petition for a Watmshed Special Permit from the requirements of the North Andover
Zoning Bylaw,Section 4.136.3(cii),(1),(2),(5)&(6).
S9 as to allow: to construct a proposed 3,950 s.f. single-family residence with attached garage, 110+ foot
driveway, installation of underground utilities, and associated grading and landscaping 60 feet from a
delineated wetland resource area within the Non Disturbance buffer zone of the Watershed Protection
District.
After a public hearing given on the above date, and upon a motion by.Richard Rowen and 2 'by Jennifer
Kusek to APPROVE a Watershed Special Permit as amended and based upon the following conditions.Vote
was in favor of the application. Voting members: R. Rowen, A. Angles, J. Kusek, R. Nardella, 4-0. J.
Simons and T. Seibert did not vote the motion.
-On behalf of the North An over Phmiing Board
Richard Nardplla,Chairman
Alberta Angles,..acting Clerk
Richard Rowen
Jennifer Kusek
cc: Town Departments
Applicant
Engineer
Abutters
l
12 Bonny Lane
Map 62,Parcel 41
Watershed Special Permit-Construction of 3,950 s.£ Single-Family Residence
The public hearing on the above referenced application was opened on October 17, 2006 and closed by the
North Andover Planning Board on March 6, 2007. On March 6, 2007, upon a motion made by Richard
Rowennd seconded onded b Jennifer Kusek to GR
ANT a Watershed Special Permit as amended in order to
construct a 3,950 s.f single-family residence with attached garage, 110+ foot driveway, installation of
underground utilities, and associated grading and landscaping approximately 60 feet from a delineated
wetland resource area with the Non-Disturbance buffer zone of the Watershed Protection District.
The proposed single-family residence is located at 12 Bonny Lane, North Andover, Massachusetts,01845,
Assessors Map 62, Parcel 41 and is located within the Non-Disturbance and Non-Discharge Zones of the
Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning
Bylaw.This Special Permit was requested by Bonny Realty Trust-Amy Constantino,Trustee,70 Pine Ridge
Road, North Andover, MA 01845. The applicant submitted a complete application, which was noticed on
October 17, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning
Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1979 and is subject to the Watershed
Protection District provisions for lots before October 24, 1994. This lot was transferred into separate
ownership in 1987.
The Planning Board voted on the motion in favor of the Special Permit. A special permit issued by
the special permit granting authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well as its
specific criteria, are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this finding on the following facts:
a) The proposed single-family residence will be connected to the Town sewer and water systems from
Bonny Lane;
b) The topography of the site will not be altered substantially. The single-family residence and
proposed driveway were specially designed and located closer to Bonny Lane to minimize the
amount of grading/topographical changes and take advantage of natural features of the property.
Further, construction of the proposed stormwater management measures(Rooftop infiltration trench)
and erosion control measures will use Best Management and Engineering Practices and not
substantially alter the topography of the site;
c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
single-family residence and driveway as shown on the plan;and
d) The construction of the single-family residence and stormwater management plan has been reviewed
by the Town's outside consultant and Town Planner and determined that there will be no degradation
to the quality or quantity of water in or entering the isolated vegetated wetland or Lake
Cochichewick.
2
12 Bonny Lane
Map 62, Parcel 41
Watershed Special Permit-Construction of 3,950 s.£ Single-Family Residence
2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any
discharge,structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion
controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The Planning Board also makes aspecific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw;
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of
Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to
allow the construction of the single-family residence (permanent structure) 60 feet from an isolated
wetland resource area within the Watershed Protection district's Non-disturbance Buffer Zone.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
3) Prior To Any Work On Site:
a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the
Town of North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be submitted.
b. The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by Town Planner and Conservation Department.
c. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Department. Deteriorated erosion control measures shall be replaced and maintained
throughout the duration of the project.
d. The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission, Board of Health,Zoning Board of Appeals and the Department of Public
Works and be in compliance with the above permits and approvals.
4) Prior to issuance of a building permit:
a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans
must be delivered'to the Planning Department.
3
12 Bonny Lane
` Map 62,Parcel 41
Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence
b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the
recorded decision must be submitted to the Planning Department.
c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325 feet of
Lake Cochichewick or within 325 feet of wetland resource areas.The applicant shall incorporate this
condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town
Planner and included in the file.
d. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water management services and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) In no instance shall the construction of the project as proposed be allowed to further impact the site than
as shown on the plan referenced in Condition# 11.
7) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
10) This special permit was issued on March 6, 2007, however, this Special Permit shall be deemed to
have lapsed after a two (2) year period on March 6, 2009 unless substantial use or construction has
commenced.
11) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Watershed District Special Permit Plan Preferred Site Layout
Single Family Dwelling
Bonny Lane
North Andover,MA 01845
Prepared for: Bonny Realty Trust
Amy F. Constantino
70 Pine Ridge Road
North Andover,MA 01845
Prepared by: Cammett Engineering
297 Elm Street,Amesbury, MA
Scale: 1 —20 feet
4
12 Bonny Lane
� Map 62, Parcel 41
Watershed Special Permit-Construction of 3,950 s.f. Single-Family Residence
Date: July 10,2006,Revised 1/9/07
Sheets: 1
Report titled: Stormwater Analysis
Project#06013
Bonny Lane
North Andover,MA 01845
Prepared for: Bonny Realty Trust
Amy Constantino
70 Pine Ridge Road
North Andover,MA 01845
Prepared by: Cammett Engineering
297 Elm Street,Amesbury,MA
Date: September 14,2006
5
Town of North Andover Town Clerk Time stamp
ZONING BOARD OF APPEALS
Albert P.Manzi 111,Esq. Chairman
r
Ellen P.McIntyre, P'ice-C Caiman AORT11
Richard J.Byers,Esq. Clerk ? • �. . 0, ry �j ry pig r�
Joseph D.LaGrasse O s..:'' 200! SEP 2 i 1� 3. 59
David R.Webster E" 'A
Assaeiate 11 gembersE 14 I'
Thomas D.Ippolito +w o rb«49 s 91
Richard M.Vaillancourt �i ��wwrfoC
Daniel S,Braese,Esq. 9SSACNus*� Mew ASS,�
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass.Gen. L.ch.
40A, §17 Property at: 12 Bonny Lane
NAME: Bonny Realty Trust,Amy F. HEARING(S): August 14&September 11,2007
Constantino,Trustee,70 Pine Ridge Road'
ADDRESS: 12 Bonny Lane PETITION: 2007-013
North Andover,MA 01845 TYPING DATE: September 20,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,September 11,2007 at 7:30 PM upon the
application of Bonny Realty Trust,Amy F.Constantino,Trustee,70 Pine Ridge Road,North Andover for premises
at: 12 Bonny Lane(Map 62,Parcel 41),North Andover requesting dimensional Variance from Section 4,Paragraph
4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-Disturbance Buffer Zone
and Section 7,Paragraphs 7.1,7.2,and Table 2 of the Zoning Bylaw for relief of lot area and street frontage in order
to construct a single family dwelling. Said premise affected is property with frontage on the East side of Bonny
Lane within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in
the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 25&July 2,2007.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R.
Webster,and Thomas D.Ippolito. The following non-voting members were present: Richard M.Vaillancourt and
Daniel S.Braese.
Upon a motion by Ellen P.McIntyre and 2nd by David R.Webster,the Board voted to GRANT a dimensional
Variance from Section 4,Paragraph 4.136.3.c.ii.3 for relief of 36' from the requirements of the 100' Watershed
Protection District's Non-Disturbance Buffer Zone of the Zoning Bylaw in order to construct a proposed single
family dwelling;per:
Site: 12 Bonny Lane(Map 62,Parcel 41),North Andover,MA 10845
Site Plan Title: Site Plan,to Accompany,Variance Request, Single Family Dwelling,Bonny
Lane,North Andover,MA 01845,Owner:Bonny Realty Trust,Amy F.
Constantino,Trustee,70 Pine Ride Road,North Andover,MA 01845
Date(&Revised Dates): 6-14-07
Registered Professional Land Robert E.Smith,Jr.,#35794,Cammett Engineering,297 Elm Street,
Surveyor: Amesbury,MA
Sheet/Drawing: Sheet 1 of 1
Building Plan Title: House Plans,to Accompany,Variance Request,Single Family Dwelling,
Bonny Lane,North Andover,MA 01845,Owner:Bonny Realty Trust,Amy F.
Constantino,Trustee,70 Pine Ridge Road,North Andover,MA 01845
By: Cammett Engineering,297 Elm Street,Amesbury,MA
Date: 7/05/07
Sheet/Drawing: Sheet 2 of 2
Page 1 of 2
1600 Osgood Stmt,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS ,ii �.fiwEIVE 0
Albert P.Manzi III,Esq. Chairman
Ellen P.McIntyre, Tfice-Chairman f V►ORTjt
Richard J.Byers,Esq.. Clerk 3r�`�-,Ogo #6V6 2001 SEP
25 Fi"'A
59
Joseph D.LaGrasse O to
David R.Webster F' $
Associate Members �
Thomas D.Ippolito ^o 4"* f!E A D 0`£cm ,
Richard M.Vaillancourt �i*��werao���y�g HASS,' :.'v§w l r-
Daniel S.Braese,.Esq. �SSACHuS S
With the following conditions:
1. The applicant shall record the Planning Board Watershed Special Permit,the Conservation
Commission Notice of Intent,and this Variance at the Essex North Registry of Deeds.
Voting in favor of the Variance: Ellen P.McIntyre,Joseph D.LaGrasse,David R.Webster,and Thomas D.
Ippolito. Voting against the Variance: Albert P.Manzi,III.
The Board fords that owing to circumstances relating to the specific shape and topography of the land affect 12
Bonny Lane(Map 62,Parcel 41),but does not affect the Residential 1 and Watershed Protection District zoning
districts in which it is located,a literal enforcement of the provisions of Paragraphs 4.136.3.c.ii.3 would involve
substantial hardship,financial or otherwise,to the petitioner. The Board fords that the Planning Board Watershed
Special Permit dated March 6,2007 states in Findings of Fact:"1)b)The topography of the site will not be altered
substantially. The single-family residence and proposed driveway were specially designed and located closer to
Bonny Lane to minimize the amount of grading/topographical changes and take advantage of natural features of the
property...."and the Conservation Commission Notice of Intent dated 5/10/07 states that"27.The proposed work
includes:the construction of a single-family dwelling,deck,driveway,retaining wall,installation of utilities,
stormwater features(water quality swale/roof infiltration trench),removal of existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an Isolated Vegetated Wetland
(IVW)....". The Board finds that the above decisions contain conditions designed to protect the Watershed
Protection District even though the location is 64',not 100' from the Non-Disturbance Protection Zone. The Board
finds that that there was no written or spoken opposition. The Board finds that 12 Bonny Lane(Map 62,Parcel 41)
is Lot 1 on the Definitive Plan of Hardtcourt Estates,located in,North Andover,Massachusetts,and recorded at the
Registry of Deeds,North District Essex County on October 23, 1979. The Board fords that desirable relief may be
granted without substantial detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the North Andover Bylaw.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as
required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,
it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit
granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the
date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse
and may be re-established only after notice,and a new hearing.
Noydi Andover Zoning oard of Appeals
ert P.Manzi,111,Esq.,Chairman
Ellen P.McIntyre, Vice Chairman
Joseph D.LaGrasse
David R.Webster
Associate Member
Thomas D.Ippolito
Decision 2007-013. M62P41.
Page 2 of 2
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-95142 Web www.towrtofiiorftndover.com iorftndover.com
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman RECEIVED
Ellen P.McIntyre, Lice-Chairman 140er#t ,+ TOWN p 'r {
Richard J.Byers,Esq,Clerk- O<<�"" ;�,e�o
Joseph D.LaGrasse 3? ' o�
#-
David R.Webster 2001 JUN 2 Pn `t' 0 o
Associate Members
Thomas D.Ippolito so ,. ,"* TOW!, t
Richard M.Vaillancourt '�i �Awran�� NORTH 01DOVER
Daniel S.Braese,Esq. 9SswCIN4 MASSACHusETTS
Legal Notice
North Andover,Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the l0a'
of July,2007 at 7:30 PM to all parties interested in the application of Bonny Realty Trust, Amy
F. Constantino, Trustee, 70 Pine Ridge Road,North Andover for premises at:12 Barmy LAne
(Map 62,Parcel 41),North Andover requesting dimensional Variance from Section 4,Paragraph
4.136.3.c.ii.3 for relief from the requirements of the Watershed Protection District's Non-
Disturbance Buffer Zone and Section 7,Paragraphs 7.1, 7.2, and Table 2 of the Zoning Bylaw
for relief of lot area and street frontage in order to construct a single family dwelling.
Said premise affected is property with frontage on the East side ofBominy Lane within the R-1
zoning district.
Plans are available for review at the office of Board of Appeals office, 1600 Osgood Street,
Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of
8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Ntanzi, III, Chairman
Published m the Eagle-Tribune on June 25&July 2, 2007.
I
Legalnotice 2007-013.
M62P41.
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townornorthandover.com
e R
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of C
use only the Conditions ❑ Amended Order of Conditions
tab key to 3. To: Applicant:
move your
cursor-do not Amy Constantino, Trustee Bonny Realty Trust c%Johnson &
use the return a.First Name b.Last Name Borenstien,LLC
Y
12 Chestnut Street c.Company
d.Mailing Address
Andover MA. 01810
e.City/Town f.State
g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State
g.Zip Code
5. Project Location:
12 Bonny Lane North Andover
a.Street Address b.City/Town
Map 62 Parcel 41
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
2483 243
c.Book d.Pae
7. Dates:
3/30/07 619 a _ _
a.Date Notice of Intent Filed b—Datte—Puublic earing Closed c.Date f Is uance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Plan to Accompany Notice of Intent andExisting Conditions Plan to Accompany Notice of Intent
a.Plan Title
Cammett Engineering Fred V. Ford, P. E.
b.P epared By c.Signed and Stamped by
g�a? 1"=20'
d.Fin 1 Revision Date e.Scale
f.Additional itional Plan
or Document Title g.Date
s. Total WPA Fee Paid: $500.00 $500.00
a.Total Fee Paid b.State Fee Paid c.City fr
own Fee Paid
wpaform5.doc• rev.3/1/05
Page 1 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
B. Findings
1. 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:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. Groundwater Supply h. Z Storm Damage Prevention i. ® Flood Control
2. 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. 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. 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. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ 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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank
a.linear feet b.linear feet c.linear feet d.linear feet
a. El Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.3/1/05
Page 2 of 9
ILI I Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
..,,..�w v vVuai 1uo .
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
6. ❑ Bordering Land Alteration Alteration Replacement Replacement
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Rivertront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.cty nourishmt. d.Gy nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.
cty nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks
a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. [1 Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean and/or inland
Land
Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. [:1 Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05
Page 3 of 9
,LEIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Cnnditions NACC#29
MUL wi.u.L.
C. General Conditions Under Massachusetts Wetlands Protection Act
(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.
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
NACC#29 "
wpaform5.doc• rev.3/1/05
Page 4 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
C. General Conditions
Under Massachusetts Wetlands Protection Act
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.
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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doe- rev.3/1/05
Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
r
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.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.
a. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more
space for a The special conditions relating to municipal ordinance orbylaw are as follows:
additional
conditions, See attached
select box to
attach a text
document
wpaform5.doc• rev.3/1/05
Page 6 of 9
NACC #29
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 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 or agent of the NACC 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 or agent 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 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after alegally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
24. This Order of Conditions is issued under NACC #29.
C:\Winword\OOC\12BonnyLane.doc 1 NACC 5/4/2007
NACC#29
25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
26. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
27. The proposed work includes: the construction of a single-family dwelling,deck,
driveway,retaining wall,installation of utilities,stormwater features (water quality
swale/roof infiltration trench),removal of an existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an
Isolated Vegetated Wetland (IVW). The site is also located in the Watershed Protection
District.
Note: The Utility Easement to the rear of the property is not a Town owned easement
as determined from a property deed referenced herein.
28. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Bonny Realty Trust(Applicant)
C/o Johnson &Borenstein,LLC
12 Chestnut Street
Andover,MA 01810
Received March 30,2007
The Neve-Morin Group,Inc (Representative)
C/o Greg Hochmuth
447 Boston Street,Route 1,Suite 12
Topsfield,MA 01983
Bonny Realty Trust (Owner)
Amy F. Constantino,Trustee
70 Pine Ridge Road
North Andover, MA 01845
Site Plans prepared by: W.C. Cammett Engineering,Inc.
297 Elm Street
Amesbury,MA 01913
Dated 3/20/07,revised 4/18/07
Stamped &Signed by Fred V. Ford,P.E.
Entitled "Site Plan to Accompany Notice of Intent"
CAWinword\00C\12BonnyLane.doc 2 NACC 5/4/2007
NACC #29
Other Record Documents: Stormwater Analysis
Bonny Lane
North Andover,MA
Received date March 30,2007
Prepared by W.C. Cammett Engineering,Inc.
Stamped &Signed by Fred V. Ford,P.E.
Deed Book 1478 Page 273-274 referencing the Utility
Easement
29. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests
of the Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein and as approved under an ORAD
issued 1/30/07(File 3 242-1380).
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot(25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Further the
applicant shall cease maintenance of the 25'no-disturbance zone as noted on the
approved plans referenced herein.
32. 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.
33.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. Maintenance Hance of the drainage system,if
g y accepted by the Town as
part of a public way, becomes the responsibility of the Town.
CAWinword\00C\12BonnyLane.doc 3 NACC 5/4/2007
NACC#29
34. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
35. 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.
36. 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.
37. 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 "NACC #29."
38. 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.
39. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all
conditions of this Order de of Conditions are complied with. The protect engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
C:\Winword\00C\12BonnyLane.doc 4 NACC 5/412007
NACC#29
40. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval,a detailed construction sequence, including a dated timetable of construction,
the construction of compensation and retention areas, installation of
sedimentation/erosion control devices, phasing associated with the development and the
construction of the associated stormwater management structures. This timetable must
continue to be updated throughout the project.
41. 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.
42. 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
Commissions request.
43. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 10 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.
44. 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,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
C:\Winword\OOC\12BonnyLane.doc 5 NACC 5/4/2007
NACC#29
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.
45. Prior to the commencement of any work,the foundation corners of the single-family
home shall be staked in the field by a Registered Land Surveyor(R.L.S.).
Measurements shall be taken and verified by the Conservation Department during the
Pre-Construction meeting.
46. 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 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. Proof
of the retained monitor must be submitted to the Conservation Department on
letterhead by the retained consulting firm. 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.
47. ON EVERY MONDAY of each week,or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC
shall certify 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 EMC 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. The reports shall also include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
48. 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 after to
the closing of said land transaction.
C:\Winword\OOC\12BonnyLane.doc 6 NACC 5/4/2007
NACC #29
49. 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 for each pre-
construction meeting(e.g. 72 hours).
ERING CONSTRUCTION
50. IMPORTANT: Immediately upon completion of the dwelling foundation,and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.) which
accurately depicts the foundation location and it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
51. Accepted engineering and Best Management Practices (BMPs)for construction standards
shall be followed in the conduct of all work.
52. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall
be replaced as necessary. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall be in place throughout the duration
of any construction on site or unless authorized by the Conservation personnel
53. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
54. The sewer lines on the site,where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
55. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
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NACC#29
56-Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while any dewatering
is occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment 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.
57. A permanent boulder wall shall be constructed and installed immediately upslope of
the 25' No Disturbance Zone as shown on the approved plan referenced herein.
58. 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.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year.Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding.During construction,any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
60. 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.
61. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
62. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any
resource area.
63. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage
system, or wetland resource area.
64. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (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.
CAWinword\00C\12BonnyLane.doc 8 NACC 5/4/2007
NACC #29
65. 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 an
P g Y
pollutant duringphase of construction the NACC shall any P hal be notifiedby theapplicant
li ant
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.
=[�AF�TE�R�C� ONSTRUCTION
66. 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.
67. 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.
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 approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
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.
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.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
CAWinword\00C\12BonnyLane.doc 9 NACC 5/4/2007
NACC #29
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 any 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. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw (Condition#31);
➢ Discharge or spillage of pollutants (Condition#65);
➢ Prohibition of underground fuels (Condition#66);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Condition #67).
CAWinword\00C\12BonnyLane.doc 10 NACC 5/4/2007
NACC #29
APPENDIX A—AFFIDAVIT
1, on oath do hereby:depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this - - - - day of
20---, 1 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of .20
(Authorized agent of applicant or owner)
C:\Winword\OOC\12BonnyLane.doc 11 NACC 5/4/2007
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
I —IL41 RAO V I UL'1::UL1U1 I ML jvj.
E. Issuance
This Order is valid for three years, unless otherwise specified as a special S /o pp
condition pursuant to General Conditions#4, from the date of issuance. of iss" uinci
Please indicate the number of members who will sign this form: �"
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regio ffice, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
CW1 _✓
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day ♦h of
Month Year
Before me, the undersigned Notary Public, _ c:c-I�-� M �;S� _
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
City/Town Conservation Commission
� �a
DONNA M.YVEDGE
NOTARY PL S nature of Notary Public
'QNIYEALTH OF MASSACHUSETTS Dyhh oe
'n.Expires Aug.7 �t;Og „l cch�
Printed Name of Potary Public
Place notary seal and/or any stamp above `;2w
My Comrrfissio6 Expires( ate)
This Order is issued to the applicant as follows:
❑ by hand delivery"on tla bV certified mail,return receipt requested,on
Date
Z/V
/0
Date
wpaform5.doc• rev.3/1/05
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
F. 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 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.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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.
Section G, Recording Information is available on the following page.
wpaform5.doc- rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
G. 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 this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at.
NACC#29
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 title 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.3/1/05
Page 9 of 9
t
RECEIVED j
1 ♦ f
� T 0 ri tom`„ ,K'S F 1
TOWN OF NORTH ANDOVER
T Ni #
f-'
ZONING BOARD OF,APPEALSNORTH A9 =r
NAME: Bonn RealtyTrust Am F. Constantino, Trus � j
ADDRESS OF APPEAL: 1.2 Bonny Lane, North Andover, MA TownSUrnp
I
Procedure & Requirements
for an Application for a Variance
Ten(10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGALNOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may resin in a dismissal by the the applicant for a hearing date and prepares tate legal
Zoning Board of an application as incom ete. notice for mailing to the parties in interest(abutters) and
The information herein is an abstract of more for publication In the newspaper. The,petitioner is
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The petitioner will comolete items g �T:DFLNERY Of LEGAL NOTICE TO
that are underlined ER
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2; VARIANCE APPLICATION FORM: The petitioner should appear in histher behalf,or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All Information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using
completed. the information it has received to date.
STEP 3: PLAN PREPARATION: STEP 9: DECISION;
Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be
cited in page 4,section 10 of this form. sent to all Parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP a• OBTAIN LIST OF P=g§IN INTEREST: General Law ch. 40A§17,within twenty(20)days aftor
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in interest(abutters).
STi Pi _10: RFCOsTt,RINt3 THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATIQN: The petitioner is responsible for recording certification of
Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar,and any accompanying plans at
copies of all the required information to the Town Clerk's the Essex County,North Registry of Deeds, 381
Office to be certified by the Town Clerk with the time Common St., Lawrence MA,and shall complete the
and date of fling. The original will be left at the'down Certification of Recording form and forward it to the
Clerk's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building
the Zoning Board of Appeals secretary. Department.
'IPORTANT PHONE NUMBERS:
)78--;388-8533 Office of Community Dev.AA I,Sleriices North Andover Town Hall
1800 Osgood Street, 120 Main Street
Morth Andover, UA 41845 978-688-9501 Town Clerk's Office
3;g_: ?8-9ad2 ax for Community Cevelopirent Mires 978-688-9566 Asse:ssor's Office
'378-,388-9545 3uilding Department
D38 -' `t ring Board of,Appeals .;foe ;a: OE '1 ,sf 4
I I
JUN 14 IOU/
BOARD OF APPEALS
i
t
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE
please complete all items 1 -10 below:
'I. Petitioner., Name, Address and telephone number:
Bonny Realty Trust, Amy F. Constantino, Trustee
70 Pine Ridge Road, North Andover, MA 01845
(978) 683-7105
'*The petitioner shalt be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Bonny Realty.Trust, Amy F. Constantino, Trustee
70 Pine Ridge Road, North Andover, MA 01845
(978) 683--7105
Years Owned Land: 19
3. Location of Property;
a. Street: 12 Bonny Lane Zoning DlStriCt: Residence 1
b. Assessors: Map number: 62 Lot Number: 41
c. Registry of Deeds: 'Book Number: 2483 Page Number: 243
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
4. 136.3.c.ii.3 (Permanent Structure within Watershed Protection District Non-Disturbance
Buffer Zone) .
'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
6. Describe the Variance request:
The Applicant requests a variance under Bylaw Section 4.136.3.c.ii.3 to allow the
construction of a permanent structure within the Watershed Protection District
Non-Disturbance Buffer Zone located 64 feet frome edge of a wetlandsresource area.
The above description shalt be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the.
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimenslon(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. N/A* %
B.
* The Applicant requests a variance under Bylaw Section 4.136.3.c.ii.3 to allow the
construction of a permanent structure within the Watershed Protection District
Non-Disturbance Buffer Zone located 64 feet from the edge of a wetlands resource area,
where 100 feet is otherwise required.
I
t
NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE
6 0„ Existing Lot:
Lot Area Open Space Percent nt Lat Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side f3 Rear
43,655 N/A N/A 150 N/A 30 30 30 30
6 G. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq, rt. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
43,655 N/A N/A. 150 N/A 30 30 30 30
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)* prem# es field in isolated ownership ince
4/29 7, current requirements not applicable.
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
87,120 N/A _ N/A 175 N/A, 30 30 30 30
Applicable requirements in effect until 11/27/87 are 150' frontage and 1 acre :lot area.
A. Existing BUilding(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building' of Units"'
N/A
"Reference Uses from the Zoning Bylaw&Table t. "State number of units in building(s).
'10. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* of Units"
1775 2,5 35 3550 single family residential 1
'Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form,which is the official form of tate Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Cleric or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning Board of this application as incomplete.
Si naltire:
Type above narne(s) here- 1'-j,,,hA 1j, IC:.'
-. f
i
1
PAGE 4 OF 4
VARIANCE
9. 1l114RITTEN COCUi1dENTATION '';o.S."Pian Specifications:
Application for a Variance must be supported by a i) Size of plan: Ten(10)paper copies of a pian not
legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40'
detail all facts relied upon. When requesting a Variance I>) one(1)Mylar,with one block for Registry Use
from the requirements of MGLA ch.40A,Sec, 10.4 and Only,and one block for five(5)ZBA signatures&date.
the North Andover Zoning By-taws,all dimensional Iii) Plan shall be prepared,stamped and certified by
requirements shall be clearly identified and factually a Registered Professional hand Surveyor. Please
supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer,
addressed with this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed for the land or *10 C. *Required Features On Plan:
structure. I) Site Orientation shall include:
B. The circumstances relating to soil conditions,shape 1. north point
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3. names of streets
sought which do not affect generally the zoning 4. weiiands(if applicable)
district in which the property is located. 5. abutters of property,within 300'radius
C. Fads which make up the substantial hardship, 9. locations of buildings on adjacent properties
financial or otherwise,which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed restrictions,easements.
with reaped to the land or building for which the m Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E. Fads relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially.derogating from the intent or purpose applicant,owner or record,and land surveyor.
of the Ordinance. 7. Louis
F. Submit RDA from Conservation Commission when 10 D.Minor Projects
Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages,
application. shall require only the plan Information as indicated with
an.asterisk(*). In some cases further information may'
10. PLAN OF LAND to required.
Each application to the Zoning Hoard of Appeals shall 11. APPLICATION FILING FEES
be accompanied by the following described plan. Plans
must be submitted with this application to the Town 11.A. Notification fess:Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:'Town of North Andover-
prior to the public hearing before the Zoning Board of ;/02217604841"for the cost of first class, certified,
appeals. retum receipt($4.64 as of January 2006)x#of all
pardes in interest identified in MGLA ch.40A§11 on the
A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the
Architect may be required when the application applicant shall supply first class postage;damps
involves new constructkWconversion/and/or a ;currently 39#)x the#of parties of interest on the
proposed change in use. abutter's list for the decision mailing.
Mailing labels:Applicant shall provide four(4)
10. A. Major Projects sets of mailing labels no larger than t"x2-618"(3 copies
Major projects are those,which involve one of the for the Legal,and one copy for the Decision mailing).
f:�Ncwin whether existing or proposed: -11.C. ;applicant shall provide a+:heck or money otyler
9 to:'Town of North Andover"per 2005 Revised Fee
1) rive(5)or more parking spaces,
:i)three (3)or more dwelling units, Schedule.
Ilii)2,004:ware feet of building'srea. > ;A Vwfance o;nce granted by sl•.e ZGA will?apse n
1 'one)year if not exercised and a new petition must
"'jlajor?iTjects shall raguire,that in.addition to the 1-:B& e skibrriitted. _
!GC ;e::tures,'hat the plans show detailed utilities,-nils,'
::wd topcgrsphic information.
TO: Town of North Andover Zoning Board of Appeals
FROM: Bonny Realty Trust, Amy F. Constantino, Trustee
70 Pine Ridge Rd.
N. Andover, MA 01845
DATE: 6/13/07
SUBJECT: Variance
Section 9–Variance Application,points A-F
A. The Applicant proposes to construct one, single-family residence.
B. The Town's Watershed Protection District Bylaw only allows construction of a
new permanent structure within the Non-Disturbance Buffer Zone upon the grant
of a variance by the Zoning Board of Appeals. See attached Zoning Bylaw §
4.136.3.c.ii.(3). The circumstances of the Premises, including the soil conditions,
lot shape, topography, and wetlands position and the resulting locations of the
Non-disturbance Buffer Zone,are unique to this lot.
C. Due to the unique circumstances described above,the proposed house location
within the Non-Disturbance Buffer Zone—is the most advantageous location for
the home on Premises, as it minimizes impervious area,reduces and minimizes
any potential negative impacts to the Lake Cochichewick watershed, and reduces
unnecessary paving and site development expenses. Furthermore,this proposed
house location is consistent within the existing neighborhood. For these reasons,
it would be a substantial hardship to require the literal enforcement of the Non-
Disturbance Buffer Zone.
D. Both the Planning Board and the Conservation Commission have indicated a
preference for the proposed house location being within the Non-Disturbance
Buffer Zone, and have, respectively, issued a Watershed Special Permit and
Wetlands Order of Conditions approving the proposed location and the
improvement of the Premises with a single-family home. Please see attached.
E. The Premises complies with all other applicable requirements of the Zoning
Bylaw. A house location outside of the Non-Disturbance Buffer Zone would
increase impervious area, whereas the proposed location of the house is consistent
with the intent and purpose of the Watershed District Bylaw,which is to minimize
and eliminate negative impacts on theLakeCochichewick watershed. The
Applicant's water quality analysis, submitted and reviewed by the Planning Board
and Conservation Commission and their respective experts confirms the proposed
house location is the most advantageous and consistent with the purpose and
intent of the Watershed Protection Bylaw.
F. NA
r y
4.136 Watershed Protection District
1. Purpose
a. The Watershed Protection District is herein established as an overlay district and shall be
superimposed on the other districts established by this Zoning Bylaw. The requirements
enumerated hereafter for this Watershed Protection District shall be in addition to,rather than
in place of,the requirements of such other districts.
b. The Watershed Protection District surrounds Lake Cochichewick,the Town's sole source of
public drinking water supply. Regulations within the District are intended to preserve the
purity of the ground water, the lake, and its tributaries; to maintain the ground water table•,
and to maintain the filtration and purification functions of the land; while conserving the
natural environment;and protecting the,public health,safety and welfare.
C. The Lake Cochichewick Watershed Plan (August 1987),prepared by I.E.P., Inc., for the
Town of North Andover, is a comprehensive study of the lake and its watershed. The
Watershed Protection District is a portion of the I.E.P. study's recommended management
plan. Copies of the I.E.P.report are available in the Planning Board Office.
d. The Special Permit Granting Authority (SPGR) under this Bylaw shall be the Planning
Board.
2. Boundaries and Zones
a. The boundaries of the Watershed Protection District are shown on the Zoning Map as set
forth on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (August
1987), Attachment 1, dated August 1985, prepared by I.E.P., Inc. for the Town of North
Andover. This plan is hereby made a part of this Bylaw and is on file in the Office of the
Town Clerk.
b. The Watershed Protection District shall be divided into four zones. The uses and building
requirements for each zone will vary according to its proximity to the Lake and wetland
resource areas. The Zones are as follows:
i. General: There shall exist a General Zone within the Watershed Protection District
which shall consist of all land located beyond four hundred (400) feet horizontally
from the annual mean high water mark of Lake Cochichewick and all wetland
resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town
Wetland Bylaw)located within the Watershed.
ii. Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the
Watershed Protection District which shall consist of all land areas located between
two hundred fifty (250) feet,and four hundred (400) feet horizontally from the
annual mean high water mark of Lake Cochichewick and between one hundred fifty
(150) feet and four hundred (400) feet horizontally from the edge of all wetland
resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town
Wetland Bylaw)located within the Watershed.
iii. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone within the
Watershed Protection District which shall consist of all land areas located between
one hundred fifty (150) feet and two hundred fifty(250) feet horizontally from the
annual mean high water mark of Lake Cochichewick,and between seventy five(75)
feet and one hundred fifty (150) feet horizontally from the edge of all wetland
resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town
Wetland Bylaw)located within the Watershed.
44
iv. Conservation: There shall exist a Conservation Zone within the Watershed
Protection District which shall consist of all land areas located within one hundred
fifty (150) feet horizontally from the annual mean high water mark of Lake
Cochichewick, and within seventy five (75) feet horizontally from the edge of all
wetland resource areas(as defined in M.G.L.Chapter 131,Section 40,and the Town
Wetland Bylaw)located within the Watershed.
C. In the event that the SPGA determines,on the basis of credible evidence before it,that there
exists a significant doubt or dispute concerning the proper location of boundaries of the
Watershed Protection District on any individual lot or lots,the SPGA shall,at the request of
the owner of such lot or lots, engage a Registered Professional Engineer to advise it in
determining such boundaries. The owner making such request shall reimburse the SPGA for
the cost of such Engineer. Upon completion of the Engineer's report to the SPGA,the SPGA
shall hold a hearing to make a final determination of such boundaries. At such hearing,such
report shall be deemed evidence sufficient to establish the location of the boundary unless
rebutted by credible evidence to the contrary.
d. When the Watershed Protection District boundary divides a lot of record as of June 28, 1978,
in one ownership, that portion of the lot within the Watershed Protection District must
comply with this Bylaw. Where the premises are partially outside of the Watershed
Protection District, potential pollution sources such as on-site waste disposal systems, shall
be located outside of the District to the extentfeasible.
e. The provisions relating to the Conservation Zone shall not apply to any activities undertaken
by the Division of Public Works.
f. The provisions relating to the establishment of the Conservation Zone and the enlargement of
the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or
registered after the date of the enactment of this amendment (October 24, 1994).
(1994/1 STM).
Table 1 -Lots created after October 24 1994
Conservation Non-Disturbance Non-Discharge
From Annual High
Water Mark of
Lake Cochichewick to 150' 250' 400'
From Edge of All
Wetland Resource
Areas Within the
Watershed District to 75' 150' 400'
Table 2-Lots created on or prior to October 24, 1994
Non-Disturbance Non-Discharge
From Annual High
Water Mark of
Lake Cochichewick to 250' 325'
From Edge of All
Wetland Resource
Areas Within the
Watershed District to 100' 325'
45
i
3. Uses and Building Requirements
a. General Zone
There shall exist a General Zone within the Watershed Protection District which shall consist of all
land located beyond four hundred (400) feet horizontally from the annual mean high water mark of
Lake Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40,
and the Town Wetland Bylaw)located within the Watershed.
i. Allowed Uses: The following uses shall be allowed in the General Zone of the
Watershed Protection District as itemized below:
(1) All permitted uses allowed in Section 4.121 "Permitted Uses Residence 1,2,
and 3 District"of the Zoning Bylaw.
(2) All uses associated with municipal water supply/treatment and public sewer
provided by the Town of North Andover.
(3) The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
(4) Maintenance of fire access lanes by the Fire Department.
(5) All agricultural uses, providing that such uses exercise Best Management
Practices and be undertaken in such a manner as to prevent erosion and
siltation of adjacent water bodies and wetlands.
ii. Uses Allowed bySppcial Permit: The following uses may be allowed in the General
Zone of the Watershed Protection District by the granting of a Special Permit issued
pursuant to Section 4 of the Watershed Protection District Bylaw:
(1) Golf courses,public or private with Best Management Practices.
(2) Any other use not provided for elsewhere in this Section.
(3) A commercial kitchen on public sewer.
iii. Prohibited Uses: The following uses are specifically prohibited within the General
Zone of the Watershed Protection District:
(1) Any solid waste facility as defined by M.G.L.Chapter 111,Section 150A.
(2) Municipal sewage treatment facility, not including sewer lines, pump
stations and other accessory sewer system equipment used to transport
sewage to a treatment`facility located outside of the District.
(3) Privately owned waste water treatment plants.
(4) Road salt or other deicing stockpiles.
(5) Underground tanks or collection pits for storage of fuel or hazardous
materials including any tanks or collection pits partially below mean
ground elevation but excluding any tanks located completely within a
building otherwise permitted under this Section.
(6) Dumping of snow from outside the District.
(7) Motor vehicle salvage operations and junk yards.
(8) Car washes.
(9) Self-service laundries,unless connected to public sewer.
(10) Airplanes, boat, or motor vehicle service and repair establishments
(including auto body shops).
(11) Metal plating,finishing or polishing.
(12) Chemical and bacteriological laboratories.
(13) Electronic circuit assembly.
(14) Hotels,or motels,unless connected to public sewer.
(15) Painting,wood preserving and furniture stripping establishments.
(16) Photographic processing establishments.
46
(17) Printing establishments.
(18) Dry Cleaning establishments.
(19) Storage of herbicides, pesticides or fertilizers, other than in amounts
normally associated with household or existing agricultural use.
(20) Commercial cabinet or furniture making.
(21) Commercial storage or sale of petroleum or other refined petroleum.
(22) Commercial manufacture, storage, use, transportation or disposal of any
substance of such physical,chemical or infectious characteristics as to pose
a significant,actual or potential,hazard to water supplies,or other hazard to
human health if such substance or mixture were discharged onto land or
waters of this Town, including but not limited to organic chemicals,
petroleum products, heavy metals, radioactive or infectious waste, acids,
and alkalis, and all substances defined as Toxic or Hazardous under M.G.L.
Chapter 21C and Chapter 21E and the regulations promulgated thereunder,
and also including pesticides,herbicides,solvents and thinners.
(23) Restaurants unless connected to public sewer.
(24) Commercial kitchens unless connected to public sewer.
iv. Building_Requirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater
control in order to preserve the purity of the ground water and the lake;to maintain
the ground water table;and to maintain the filtration and purification functions of the
land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge,Buffer Zone within the Watershed Protection District which shall
consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet
horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred
fifty (150) feet and four hundred (400)feet horizontally from the edge of all wetland resource areas
(as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed
Protection District Bylaw are allowed in the Non-Discharge Buffer Zone'except as
noted below:
ii. Uses Allowed by Special Permit: The following activities may be allowed within
the Non-Discharge Buffer Zone only by the granting of a Special Permit issued
pursuant to Section 4 of this Watershed Protection District Bylaw:
(1) Any surface or sub-surface discharge, including but not limited to, storm
water runoff;drainage of any roadway that is maintained by the Division of
Public Works or any private association; outlets of all drainage swales;
outlets of all detention ponds. All storm water management systems shall
employ Best Management.Practices.
iii. Prohibited Uses: The following uses are specifically prohibited within the Non-
Discharge Buffer Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) The use, or method of application of, any lawn care or garden product
(fertilizer,pesticide,herbicide)that may contribute to the degradation of the
public water supply.
(3) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
47
iv. Building Requirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater
control in order to preserve the purity of the ground water and the lake;to maintain
the ground water table;and to maintain the filtration and purification functions of the
land.
C. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District
which shall consist of all land areas located between one hundred fifty (150) feet and two hundred
fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and
between seventy five (75) feet and one hundred fifty (150) feet horizontally from the edge of all
wetland resource areas(as defined in M.G.L.Chapter 131,Section 40,and the Town Wetland Bylaw)
located within the Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i)_of this Watershed
Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted
below.
ii. Uses Allowed by Special Permit: The following uses shall be allowed within the
Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of
this Watershed Protection District Bylaw:
(1) Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting, other than in connection with agricultural
uses or maintenance of a landscape area.
(3) Construction of a new permanent structure only after a variance has been
granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
(5) Any surface or sub-surface discharge, including but not limited to,
stormwater runoff; drainage of any roadway that is maintained by the
Division of Public Works or any private association; outlets of all drainage
swales;outlets of all detention ponds.
(6) Construction of any accessory structure or expansion of any existing
structure by less than twenty five(25)percent of the gross floor area of the
existing structure.(1994/1 STM)
iii. Prohibited Uses: The following uses are specifically prohibited within the Non-
Disturbance Buffer Zone:
(1) All 'of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) Construction of any septic system.
(3) Construction of any new permanent structure, or expansion of an existing
structure by twenty-five(25)percent or more of the gross floor area of the
existing structure.
(4) The use, or method of application of, any lawn care or garden product
(fertilizer,pesticide,herbicide)that may contribute to the degradation of the
public water supply.
(5) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
iv. BuildingReguirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater
control in order to preserve the purity of the ground water and the lake;to maintain
the groundwater table;and to maintain the filtration and purification functions of the
land. -
48
d. Conservation Zone
There shall exist a Conservation Zone within the Watershed Protection District which shall
consist of all land areas located within one hundred fifty (150) feet horizontally from the
annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet
horizontally from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131,
Section 40,and the Town Wetland Bylaw)located within the Watershed.
i. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the
Watershed Protection District except as noted below:
(1) All uses associated with municipal water supply/treatment and public sewer
provided by the Town of North Andover.
(2) The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
(3) Maintenance of fire access lanes by the Fire Department.
ii. Uses Allowed by Special Permit: No Special Permits will be granted in the
Conservation Zone.
iii. Prohibited Uses:The following uses are specifically prohibited within the
Conservation Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) Any activities which cause a change in topography or grade;
(3) Vegetation removal or cutting, other than in connection with existing
agricultural uses or maintenance of an existing landscape area;
(4) Construction or placement of any new permanent structures;
(5) Any surface or subsurface drainage, including, but not limited to,
stormwater runoff;
(6) Animal feedlots or the storage of manure;
(7) Construction of anyseptic system.
(8) Construction of any accessory structure or expansion of an existing structure "
by twenty-five (25) percent or more of the gross floor area of the existing
structure.
(9) The use, or method of application of, any lawn care or garden product
(fertilizer,pesticide,herbicide)that may contribute to the degradation of the
public water supply.
(10) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
The above prohibitions shall not apply to any activities undertaken by the Division of Public
Works within its authority or to work completed in conjunction with the construction of the
municipal sewer system.(1994/1 STM)
49'
4. Special Permit Reauirements
a. Nine (9) copies of an application for a Special Permit under this Section shall be filed with
the SPGA. Special Permits shall be granted if the SPGA determines that the intent of the
Bylaw, as well as its specific criteria,are met. In making such determination the SPGA shall
give consideration to simplicity, reliability, and feasibility of the control measures proposed
and the degree of threat to water quality which would result if the control measures failed.
b. Upon receipt of a Special Permit Application,the SPGA shall transmit one(1)copy of each
to the Division of Public Works,Fire Chief, Title III Committee, Division of Planning and
Community Development, Conservation Commission, the Board of Health, and the
Watershed Council for their written recommendations. Failure to respond in writing within
thirty(30)days shall indicate approval or no desire to comment by said agency.
C. An application for a Special Permit under this Section shall include the following
information:
i. Application Form for a Special Permit from the Planning Board.
ii. Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered
Professional Engineer or Surveyor showing:
(1) the annual mean high water mark of Lake Cochichewick (if annual mean
high water mark is within four hundred(400)feet of any proposed activity,
(2) the edge of all wetland resource areas, as confirmed by the Conservation
Commission (if edge of wetland resource area is within four hundred(400)
feet of any proposed activity),
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6) the edge of vegetation,clearing(edge of work).
iii. Written certification by a Registered Professional Engineer, or other scientist
educated in and possessing extensive experience in the science of hydrology and
hydrogeology,stating that there not be any significant degradation of the quality
or quantity of water in or entering Lake Cochichewick.
iv. Proof that there is no reasonable alternative location outside the Non-Disturbance
and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge,
structure,or activity,associated with the proposed use to occur.(1994/38)
V. Evidence of approval by the Mass.Dept. of Environmental Protection(DEP)of any
industrial waste water treatment or disposal system or any waste water treatment of
system fifteen thousand(15,000)gallons per day capacity.
vi. Evidence that all on-site operations including,but not limited to,construction,waste
water disposal, fertilizer applications and ,septic systems will not create
concentrations of Nitrogen in groundwater, greater than the Federal limit at the
downgradient property boundary.
vii. Projections of downgradient concentrations of nitrogen, phosphorus and other
relevant chemicals at property boundaries and other locations deemed pertinent by
the SPGA.
d. The SPGA may also require that supporting materials be prepared by other professionals
including, but not limited to, a registered architect,registered landscape architect, registered
land surveyor, registered sanitarian,biologist, geologist or hydrologist when in its judgment
the complexity of the proposed work warrants the relevant specified expertise.
e. Special Permits under this Section shall be granted only if the SPGA determines, after the
time of comment by other Town agencies as specified above has elapsed,that,as a result of
50
the proposed use in conjunction with other uses nearby, there will not be any significant
degradation of the quality or quantity of water in or entering Lake Cochichewick.
f. Any Special Permit issued under this Section for a new permanent structure (other than an
accessory structure or expansion that is less than twenty five(25%)of the gross floor area of
a structure) or a septic system shall require that such structure or system be constructed
outside the Non-Disturbance Buffer Zone.
g. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from
impervious surfaces shall, to the extent possible, be recharged on site and diverted toward
areas covered with vegetation for surface infiltration. Where on site recharge isnot feasible
due to soil or other natural conditions, other mitigating measures such as sedimentation
ponds, filter berms, or restoring wetlands, shall be used only where other methods are not
feasible and after approval by the Board of Health, Building Inspector and the Division of
Public Works to assure that the methods used for on site infiltration and/or other measures
shall remain effective.
h. Provisions shall be made to protect against toxic or hazardous material discharge or loss
resulting from corrosion,accidental damage,spillage or vandalism through measures such as
spill control provisions in the vicinity of chemical or fuel delivery points; secured storage
areas for toxic or hazardous materials, and indoor storage provisions for corrodible or
dissolved materials. For operations which allow the evaporation of toxic materials into the
interior of any structure a closed vapor system shall be provided for each structure to prevent
discharge or contaminated condensate into the groundwater.
i. For any toxic or hazardous waste to be produced in quantities greater than those associated
with normal household use,the applicant must demonstrate the availability and feasibility of
disposal methods which are in conformance with M.G.L.Chapter 21C.
5. Emergencies
a) The Planning Board may issue an emergency special permit,subject to the subsequent
consideration and determination by the Planning Board and upon the following findings:
i) the work proposed is deemed necessary for the protection of the quantity of quality of the
water in or entering Lake Cochichewick,and
ii.) the proposed work must be undertaken before the regular special permit application
processed could be completed.
b) A request for an emergency special permit shall be made in writing to the Planning Board and
shall include the following:
i) a statement as to why the emergency work is necessary to protect the quality and/or
quantity of water in and/or entering Lake Cochichewick,and,
ii) a statement as to why the emergency work must be undertaken before the completion of
the regular special permit application,process,and
iii) a statement describing in detail the proposed work to remedy the emergency situation.
c) All information required by Section 4/136(4)Special Permit Requirements must also be
submitted with the application;provided however,that if all the required information or
documents are not available due to the emergency nature of the situation,the applicant may
request a waiver or delay regarding the submittal of the unavailable information or
documents.
d) Authorized emergency work must be performed within 60 days of the issuance of the
emergency special permit. Any work,which is not completed within this 60-day period
requires compliance with the regular special permit application procedures set forth in section
4.136.4 and renumbering Violations 4.136(6)and Severability 4.136(7).
51
6. Violations
Written Notice of any violation of this Bylaw shall be provided by the SPGA agent to the owner of
the premises specifying the nature of the violation. The agent of the SPGA shall request of the
violator a schedule of compliance, including cleanup of spilled materials. Such schedule shall allow
for the immediate corrective action to take place. This compliance schedule must be reasonable in
relation to the public health hazard involved and the difficulty of compliance. In no event shall more
than thirty (30) days be allowed for either compliance or finalization of a plan for longer term of
compliance. Said schedule of compliance shall be submitted to the SPGA for approval subsequent to
the violation. Said agent of the SPGA shall notify the Building Inspector of any violations of the
Schedule of compliance or of any failure to satisfy the requirements of this paragraph.(1998/25).
7. Severability
In any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the
remainder of this Bylaw shall continue in full force.
8. Waiver of Watershed Protection District Special Permit
1) When any construction proposed on an existing structure within the Watershed Protection District
will not expand the existing footprint of a structure,and will not disturb existing topography, and
is a proposal on town sewer, the Planning Board may determine, without a public hearing, that
submission of a watershed protection district special permit is not required. However,in order
to obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to
perform a minimum of two inspections during the construction process to ensure proper erosion
control is established during construction; the applicant must also agree in writing that the Town
Planner can stop construction if the proper erosion control is not in place. For all proposals on
septic, this section will not apply,and all applicants should refer to Sections 4.136(3)(a)(b)(c)and
(d)of the Town of North Andover Zoning Bylaw.
2) The applicant must request a waiver from obtaining a Watershed Protection District Special
Permit in writing and may be required to submit supporting documentation, including, but not
limited to, proposed plans and correspondence depicting the proposal. The waiver request will
be discussed at a regular meeting of the Planning Board.
(Section 4.136 rewritten and reorganized at the May 1, 1995 Annual Town Meeting,Article 38)4.137Flood
Plain District(1993/39)
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
c. Prevent the occurrence of public emergencies resulting from water quality,contamination,
and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down
the utility network and impact regions of the community beyond the site of flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
52
NOIIT/,
17
1007 ii"R 14 I t� iG: 59
FUNNING DEfARMINT
Community®welopnMnt,�irision , ','
1600 09pW Strom
MWA AW*w,NWssodVmM,01345
MOM 9734.q35
Fax 9786M"42
NOTICE OF DECISION
Any appeal shall be fRed
within(20)days after the
date of 1 lins this noace in
the office of the Town Clerk
Oats: March 12,2007
Dole Of HuriV. October 17,2000,January 2%2007
Date of Decision: March 6,2007
Petition of: )> Resky Any Coq q Tr
North Andover,MA 01845
Premises Affected: 12 Bommy Lameq North Andover,MA 01846,Map 629 Parcd 419 w kb m the R 1
menift district
Referring to the above pemon for a Weed Special Pana from the requirmnew of dw North Andover
Zoning Bylaw,Section 4.136.3(eril(11(21(5)&(6)•
Sp as to allow: to construct a proper 3,930 s.f side-firmly raidence withf
driveway, installation of u� � ached � llt}Foot
delineated wetland resource area within the No®- 1°g v't h feet fmm a
District.
buffer zone the W Protaion
After a public hearing given on dw above dWanduponamatm
by Rkhad Rowen and 2a°by honifa
Kusek to APPROVE a Watershed SPMW Permit as mended and basad RM the following cons.Vote
was in favor of the applies ion Voting >nanbers: R, Rowen, A J. R Nardella, 4-0. 1.
Simons and T.Seibert did not vote the motion.
42�9 P 0- /.-
On belaVoflire North An&w P Board
Richand Mwdek Chairman
Alberto AnSIM Richard Rowan acting CIO*
Jennifier Kusek
cc: Town Deparuments
Applicant
Engineer
Abutters
f
12 Bonny Lane
Map 62,Parcel 41
Watershed Special Permit-Construction of 3,950 s.f.Single-Family Residence
2) There is no reasonable alternative location.outside the.General and .Non-Dista
discharge,structure or activity. Disturbance Zones for any
Y
in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Plannin Board makes
following FINDINGS OF FACT; 8 the
1) The specific site is an appropriate location for the
controls have been placed on the site; use as all feasible stone water and erosion
2) The use will not adversely affect the neighborhood as the lar is located in a Residential I Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians,
4) Adequate and date facilities are providedor the proper operation of the proposes use;
5) The Planning Board also makes a specific finding than the use is in harmony with the general purpose wW
intent of the Nath Andover Zoning Bylaw,
Upon reaching the above findings,the Planning Board approves this Special P
SPECIAL CONDMONS: ermit based upon the following
1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of
Appeals granting a Variance from Section 4, Paragraph 4.13 3 c u 3 of the Zoning Bylaw to
allow the construction of the single-family residence « x u X }
wetland resource area within the Watershed Protection district's Nonr-�disturb)ance 60 feet
frome.
isolated
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board,
3) Prior To Any Work On Site:
a. A performance guarantee of two thousand dollars
Town of North Andover ns ($2,000) in the form of a check made out to the
o be posted to insure that corrstrrrctiOn will take place in accordance with
the plans and the corrobitions of this decisiar and to ensure that the as-built plans will be submitted.
b. The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approvedbythe Town Planner and Conservation Department.
c. All erosion control measures as shown on the plan mustbe
plareviewed by the Town
Planner and Department. Deteriorated erosion control measures shacell be replaced arab maintained
throughout the duration of the project,
d. The site shall have received all
Conservation commission, necessary permits and approvals from the North Andover
Board of Heahh,Zoning Board of A
Works and be in compliance with the above ppeals and the Department of Public
permits and approvals.
4) Prior to issuance of a building permit:
a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans
must be delivered'to the Planning Department,
3
` 12 Bonny Lane
Map 62, Parcel 41
Watershed Special Permit-Construction of 3,950 s.f.Single-Family Residence
Date: July 10,2006,Revised 1/9/07
Sheets: 1
Report titled: Stormwater Analysis
Project#06013
Bonny Larne
North Andover,MA 01845
Prepared for: Bonny Realty Trust
Amy Constantino
70 Pine Ridge Road
North Andover,MA 01845
Prepared by: Cammett Engineering
297 Elm Street,Amesbury,MA
Date: September 14,2006
I
5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 -- Order of Conditions NACC#29
a
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): Order of Conditions E Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Amy Constantino,Trustee Bonny Realty Trust c/o Johnson &
use the return a. First Name b.Last Name Borenstien,LLC
key. c.Company
12 Chestnut Street
d. Mailing Address
Andover MA. 01810
e.Cityrrown f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d. Mailing Address
e. City/Town f State g.Zip Code
5. Project Location:
12 Bonny Lane North Andover
a.Street Address b.City/Town
Map 62 Parcel 41
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known(note:
electronic filers will click for GCS locator): e. Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
2483 243
c. Book d.Pa e
�. Dates: 3/30/07 � 9 C` 1V
a.Date Notice of Intent Filed b.Date Pu lic Aearing Closed c.Date 6f Is uance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan to Accompany Notice of Intent and Existing Conditions Plan to Accompany Notice of Intent
a. Pian Title
Cammett Engineering Fred V. Ford, P. E.
b. Prepared By c.Signed and Stamped by
V=20'
. FiS
� dnalf Rt7evision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $ 500.00 $ 500.00
a.Total Fee Paid b.State Fee Paid c.Cityfl own Fee Paid
wpaform5.doc• rev.3/1/05 Pagel of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
B. Findings
1. 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:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. Protection of Wildlife
Habitat
g. ® Groundwater Supply h. N Storm Damage Prevention i. Flood Control
2. 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. 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. 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. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ 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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a,square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Underthe
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet a Gy nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.cty nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
it
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Gnnrfifions NACC#29
U - '- "r 1--a F..Ll
C. General Conditions Under Massachusetts Wetlands Protection Act
(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 focal statutes, ordinances, bylaws,or regulations.
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 I
"File Number NACC#29 "
wpaform5.doc• rev.3/1105 Page 4 of 9
Massachusetts Department of Environmental Protection
ILI IV—
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
C. General Conditions Under Massachusetts Wetlands Protection Act
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.
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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/7/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? 0 Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.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.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc- rev.3/1/05 Page 6 of 9
NACC #29
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 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
EGENERAL 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 or agent of the NACC 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 or agent 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 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
24. This Order of Conditions is issued under NACC #29.
C:\Winword\OOC\12BonnyLane.doc 1 NACC 5/4/2007
NACC#29
25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
26. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
27. The proposed work includes: the construction of a single-family dwelling, deck,
driveway,retaining wall,installation of utilities, stormwater features (water quality
swale/roof infiltration trench),removal of an existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an
Isolated Vegetated Wetland(IVN). The site is also located in the Watershed Protection
District.
Note: The Utility Easement to the rear of the property is not a Town owned easement
as determined from a property deed referenced herein.
28. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Bonny Realty Trust (Applicant)
C/o Johnson &Borenstein,LLC
12 Chestnut Street
Andover,MA 01810
Received March 30,2007
The Neve-Morin Group,Inc (Representative)
C/o Greg Hochmuth
447 Boston Street,Route 1,Suite 12
Topsfield,MA 01983
Bonny Realty Trust(Owner)
Amy F. Constantino,Trustee
70 Pine Ridge Road
North Andover,MA 01845
Site Plans prepared by: W.C.Cammett Engineering, Inc:
297 Elm Street
Amesbury,MA 01913
Dated 3/20/07,revised 4/18/07
Stamped & Signed by Fred V. Ford,P.E.
Entitled "Site Plan to Accompany Notice of Intent"
C:\Winword\OOC\12BonnyLane.doc 2 NACC 5/4/2007
NACC #29
Other Record Documents: Stormwater Analysis
Bonny Lane
North Andover, MA
Received date March 30,2007
Prepared by W.C. Cammett Engineering, Inc.
Stamped &Signed by Fred V. Ford,P.E.
Deed- Book 1478 Page 273-274 referencing the Utility
Easement
29. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests
of the Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein and as approved under an ORAD
issued 1/30/07(File 3 242-1380).
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Further the
applicant shall cease maintenance of the 25'no-disturbance zone as noted on the
approved plans referenced herein.
32. 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.
33. 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. Maintenance of the drainage system, if accepted by the Town as
part of a public way,becomes the responsibility of the Town.
C:\Winword\OOC\12BonnyLane.doc 3 NACC 5/4/2007
NACC #29
34. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
35. 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.
36. 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 maybe recorded by the NACC at
the applicant's expense.
37. 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"NACC #29."
38. 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 NAC 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.
39. It is the responsibility of the applicant, owner, and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
C:\Winword\OOC\12BonnyLane.doc 4 NACC 5/4/2007
NACC#29
40. Prior to any work commencing on site, the applicant shall submit to the NACC for
approval, a detailed construction sequence, including a dated timetable of construction,
the construction of compensation and retention areas, installation of
sedimentation/erosion control devices, phasing associated with the development and the
construction of the associated stormwater management structures. This timetable must
continue to be updated throughout the project.
41. 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.
42. 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
Commissions request.
43. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 10 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.
44. A check payable to the Town of North Andover shall be provided in the amount of
$3,000, which shall be in all respects satisfactoryto Town Counsel,Town Treasurer,and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
i satisfactory the NACC have been made for performance of an
that provisions, sa fac to p y
P ry
conditions which are of continuing nature. The applicant may propose a monetary
C:\Winword\OOC\12BonnyLane.doc 5 NACC 5/4/2007
NACC #29
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.
45. Prior to the commencement of any work,the foundation corners of the single-family
home shall be staked in the field by a Registered Land Surveyor (R.L.S.).
Measurements shall be taken and verified by the Conservation Department during the
Pre-Construction meeting.
46. 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 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. Proof
of the retained monitor must be submitted to the Conservation Department on
letterheadby the retained consulting firm. 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.
47. ON EVERY MONDAY of each week,or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC
shall certify 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 EMC 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. The reports shall also include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented.Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
48. 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 after to
the closing of said land transaction.
C:\Winword\00C\12BonnyLane.doc 6 NACC 5/4/2007
NACC #29
49. 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 for each pre
construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
50. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)which
accurately depicts the foundation location and 'it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
51. Accepted engineering and Best Management Practices (BMPs)for construction standards
shall be followed in the conduct of all work.
52. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall
be replaced as necessary. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall be in place throughout the duration
of any construction on site or unless authorized by the Conservation personnel.
53. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas,and what work is anticipated to
be done over the next period. This will update the construction sequence.
54. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
55. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP`s are adequately functioning.
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56.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while any dewatering
is occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment 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.
57. A permanent boulder wall shall be constructed and installed immediately upslope of
the 25' No Disturbance Zone as shown on the approved plan referenced herein.
58. 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.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded,loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with alayer of mulch hay until
climate conditions allow for seeding. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
60. 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.
61. Construction equipment/'vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
62. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any
resource area.
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
64. All waste generated by, or associated with,the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (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.
C:\Winword\OOC\12BonnyLane.doc 8 NACC 5/4/2007
NACC #29
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
66. 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.
67. 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.
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 approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
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.
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.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
C:\Winword\OOC\12BonnyLane.doc 9 NACC 5/4/2007
NACC #29
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 anv 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. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw (Condition#31);
➢ Discharge or spillage of pollutants (Condition#65);
➢ Prohibition of underground fuels (Condition#66);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition#67).
C:\Winword\OOC\12BonnyLane.doc 10 NACC 5/4/2007
NACC #29
APPENDIX A--AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20--, 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of .20
(Authorized agent of applicant or owner)
C:\Winword\OOC\1MonnyLane.doc 11 NACC 5/4/2007
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
I _____ . .....car rca� F 1 UMUL1U1 I r%ket 1Vt.v.L. _
E. Issuance
This Order is valid for three years, unless otherwise specified as a special S&0 IC
condition pursuant to General Conditions#4, from the date of issuance. t.Date of issuance
Please indicate the number of members who will sign this form: .S
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regio ffice, if not filing electronically,and the property owner, if different
from applicant.
Signatures:
C
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
#h ��
On this Day of Month Year
Before me, the undersigned Notary Public, <5cc-f+ Hgz,5'e—
personally appeared Name of Document signer
proved to me through satisfactory evidence of identification,which wastwere
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
Cityrrown
Dau►RWEDGE 'A' ? �
NOTARY PUBLIC Si nature of Notary Public
"'OkARJEALTHOF MASSACHUSETTS
crrm.Expires Aug.
y Printed Name of Votary Public
Place notary seal and/or any stamp above 00
My Cam ss' Expires( ate)
This Order is issued to the applicant as follows:
❑ by hand delivery on 9/by certified mail, return receipt requested, on
S11#10-7
Date Date
wpaform5.doc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
F. 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 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.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing,requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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.
Section G, Recording information is available on the following page.
wpaform5.doc• rev.3/1105 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
G. 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 this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
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:
NACC#29
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 title 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.3/1/05 Page 9 of 9
02/01/2007 14:24 0000000000 JOHNSON & BWENSTEIN PAGE 02/P'
JOHNSON & BORENSTEAV, LLCf E I V E
Auomeys at law
12 Chestnut 5eraet
Andmr,Muwhm## 0181(.3704 ,,
2001 FEBE AM 8:
(978)475-4488 1 f 1 O F
art
MARK B. JOMOON (INA NH.Vp M A SSA, CIN t
DONALD F. W*FNSTEIN (MA.ME,.NH)
KATHRYN M. MolttN
MOW C.JOINIKAS
KRISTINE M. SHEEHY(MA) KATHLEEN N. W92R
ANNA a. VERGADOR(MA.NH) KAREN 4. eUSSELL
DENISE A. BROGNA(MA,CA)
EMILY M. SAMANSKY(MA)
LAURA SUCK(MA,FL.)
February It 2007
VM FACSIMILE/(976)686.9542 awd
FIRST CUSS MAIL
Mary 1ppolito,Planning Assistant
Town of North Andover
1600 Osgood Street
Bldg.20,Suite 2-36,Planning Department
North Andover,MA 01845
Re: Bonny Realty Trust,Amy Constantino,Thwees
12 Bonny Lane(Map
(Mapp 6Z Lot 41)
WaxersbW-OmItvnli •OnIYIY.�
Dear Mary:
I hereby request a continuance from the February 6,2007,until the February 20,
2007 Planning Board meeting relative to the above-captioned matter. The Applicant
agrees to waive the time constraints for the North Andover Planning Hoard to make a'
decision regarding the granting of the abovarefcrenced special permit to Tuesday,
Fcbniary 27,2007.
This extension request has become necessary due to the fact that the Project
Engineer hasrecently confirmed that he will be undergoing a medical procedure on
February 6,2007.
very traly yours,
JOHNSON&BORENS ,
Donald F. Borenstein
DFB/dms
cc: Bonny Realty Trust
woody Canunatt,P.E.,Cw m n Engineering
Greg Hochnrutb,Ne veMorin Group
��+aw�..na+,ee4rr��:r..j4.,�+�.M.n.r�r�.+w.Me wnram�r►�oe
12/01/2006 14:17 0000000000 JOHNSON & BORENSTEIN PAGE 02/02
JOHNSON & J30RENSTEIN2 LLC
Att meys az Law RECEIVEO
12 CheSMA Sweet T ,_,l �_ a K S OFFICE
Andover,Massachasetts 01810-3706
(978)475-4488 f ,
TcleWi4r, (.978)475-6703
NORTH
MARK B. JOHNSON (MA NH. PLANNING DEPARTMEN KATHRYN GRIN
DONALD F. HORENSTEIN (MA.ME,Nle MCREU C. joNIKAS
KATHLEEN H. HARDER
KRISTINF M. SNEWT(MA) KAREN L. BUSSELL
ANNA R. VFROADOS(MA.NIH
DENISE A. BROONA(MA.CA)
EMILY M. SAMANSKY(MA)
LAURA BUCK(MA.FL)
November 30,2006
NIA TACSIMLLN(978) 688-9542 and
FIRST CLASS,MAIL
Mary Ippolito, Planning Assistant
Town of North Andover
1600 Osgood Street
Bldg.20, Suite 2-36,Planning Department
North Andover,MA 01845
Re: 12 BonVY1ne/B0nny ltcal v Trust
Dear Mary:
We hereby request a con inuance,from the December 5,2006 meeting until
the January 2, 2007 meeting relative to the above-captioned matter.
Very truly yours,
JOHNSON NSTEIN,LLC
`Domald F. Borenstein
KHH/dms
cc: Bonny Realty Trust
c urwomimn�,n....*oana 121""W ."..raw.
JOHNSON & BORENSTEIN, LLC
Attorneys at Law
12 Chestnut Street ECEIvEj)
Andover,Massachusetts 01810-3706 fi0 ;" ",'1 � ^
0='� h ICE
(978)4754488 2006 UEC 18 AM 9100
Telecopier: (978)475-6703 1.
}�yyy'irH
MARK B. JOHNSON (MA,NH,DC) MASS CV1US� ; 1 ` ale als
DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN
MICHELE C. JONIKAS
KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER
ANNA R. VERGADOS(MA,NH) KAREN L.RUSSELL
DENISE A. BROGNA(MA,CA) DONELL KING
EMILY M. SAMANSKY(MA)
LAURA BUCK(MA,FL)
November 30, 2006
VIA FACSIMILE/(978) 688-9542 and
FIRST CLASS MAIL
Mary Ippolito, Planning Assistant
Town of North Andover
1600 Osgood Street
Bldg. 20, Suite 2-36, Planning Department
North Andover, MA 01845
Re: 12 Bonny Lane/Bonny Realty Trust
Dear Mary:
We hereby request a continuance from the December 5, 2006 meeting until
the January 2, 2007 meeting relative to the above-captioned matter.
Very truly yours,
JOHNSON NSTEIN, LLC
;�7
Donald F. Borenstein
KHH/dms
cc:; Bonny Realty Trust
FANew-DocMconstantino,amy\06-27312 bonny lane,no.andover,ma-planning boardlplanning board It 11-30-06.DOC
r Massachusetts setts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B -
Order of Resource Area Delineation 242-1380
Ll� Massachusetts Wetlands Protection Act M.G.L. c. 13 Provided by DEP
1, 40
A. General Information
Important: North Andover
When filling out From:
forms on the 1.Conservation Commission
computer, use
only the tab key 2. This Issuance is for(check one):
to move your
cursor-do nota. ® Order of Resource Area Delineation Only
use the return Y
key.
b. ❑ Order of Resource Area Delineation Subject to Simplified Review
I. ❑ Not Subject to Stormwater Policy
2. ❑ Subject to Stormwater Policy
c. ❑ Amended Order of Resource Area Delineation
Note:
Before 3. To:Applicant:
completing this
form consu►t Amy Constantino, Trustee Bonny Realty Trust,c/o Johnson&
your local a. First Name b.Last Name
Conservation Borenstein, LLC
Commission 12 Chestnut Street
regarding any d.Mailing Address
municipal bylaw Andover
or ordinance. MA. 01810
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State
-6--Zip Code
5. Project Location:
12 Bonny Lane North Andover
a.Street Address b.City/Town
Map 62 Parcel 41
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude(note: electronic filers
will click for GIS locator): e.Lat'ude f.Longitud
6. Dates: 12/29/06 `' al/07
0-2
a. Date Notice of Intent filed b.Date Fkiblic l4earing Closed c.Date VT issuance
7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Exis�i,.,�Conditions Plan 12/28/06
a.Title
b.Date
c.Title
d.Date
w
afo
p rm4b.doc-rev.06/13/05
Page t of 7
! y
C094v
S p,,ye
�S 7'°
-r%416X,-
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
a. WPA Form 4B — Order of Resource Area Delineation Prova^ '�o
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ea by EP
B. Order of Delineation
1. The Conservation Commission has determined the following(check whichever is applicable):
a. Z Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated
Notice of Resource Area Delineation are accurately drawn for the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. Other Resource Area(s), specifically:
See. ci- +&CkCA r0 1
b. ❑ Modified:The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource
Area Delineation, are accurately drawn from the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s),specifically:
c. ❑ Inaccurate:The boundaries described on the referenced plan(s)and in the Abbreviated
Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed
for the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
I The boundaries were determined to be inaccurate because:
wpaformft.doc•rev.01/07 Page 2 of 7.
Order of Resource Area Delineation
12 Bonny Lane
DEP File #242-1380
Facts & Findings:
The wetland resource area affecting the subject property is located just offsite on the abutting
property owned by Robert&Glorianne Farnum of 46 Bonny Lane. During the initial public
hearing, the North Andover Conservation Commission(NACC) required the applicant to
seek permission from the owner to enter the property for review of this resource area. As a'
result, the Neve-Morin Group,Inc. submitted a letter to Robert Farnum dated January 3,
2007. Mr. Farnum responded on January 11, 2007 granting permission to the Conservation
Commission to enter the property for the purposes of verifying the resource area delineation.
Following permission to enter the Farnum property,the jurisdictional resource areas were
reviewed by the Conservation Administrator and Greg Hochmuth of The Neve-Morin
Group, Inc and the following observations were made:
➢ The resource area appears to be isolated of greater than 1,000 s.f. in size and therefore
only jurisdictional under the North Andover Wetlands Protection Bylaw.
➢ The resource area appears to be isolated of greater than 5,000 s.f. in size and may be
federally jurisdictional;
➢ The isolated resource area did not appear to qualify as Isolated Land Subject to Flooding
(ILSF);
➢ The isolated resource area did not appear to qualify as a Vernal/Ephemeral Pool.
However,notwithstanding the above observations,the jurisdictional wetland resource
areas on the subject property approved under this filing include only those resource areas
that fall within the subject property and include:
➢ The associated 25'No-Disturbance Zone,50'No-Construction Zone,and 100' Buffer
Zone to the off property wetland resource area.
Record Documents:
➢ Abbreviated Notice of Resource Area Delineation,received December 29,2006;
➢ Plan entitled "Existing Conditions' ANRAD Application, Bonny Lane. Prepared by
Cammett Engineering, Inc,dated 12/13/06, last revised 12/20/06. Stamped &signed by
Timothy
J. Meehan P.L.
S,
➢ Letter from The Neve-Morin Group, Inca to Robert Farnham dated January 3,2007;
➢ Note from Robert H. Farnum,Jr. of 46 Bonny Lane dated 1/11/07.
L 9�M Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation
242-1380
7) ] Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review
Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you
must comply with the following conditions. If your project does not meet these requirements, you are
required to either file a Determination of Applicability or Notice of Intent or take other corrective
measures as directed by the Conservation Commission.
Simplified Review Conditions:
Work conducted under Simplified Review requires the following:
1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and
Bordering Land Subject to Flooding.
2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone
shall not be disturbed by any work associated with this project,including placement of any
stormwater management components.
3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified
vernal pool, public water supply reservoir or tributary),as defined in 314 CMR 4.00 or border
coastal resource areas at 310 CMR 10.25-10.35.
4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife
habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare
Wetlands Wildlife).
5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone
line or limit of work(whichever is a greater distance from the resource area)to protect resource
areas during construction.
6. If the project is subject to the Massachusetts Stormwater Policy,all work shall be conducted in
conformance with an approved Stormwater Management Plana
7. The Buffer Zone does not contain a slope greater than an average of 15%at its steepest gradient
across the 100-foot Buffer Zone.
8. The amount of new impervious surface, in combination with existing impervious surfaces, shall
not exceed 40%of the Buffer Zone between 50 and 100 feet.
9. No work is allowed,and no additional NOI or RDA shall be filed, for any work within the 0-to-50-
foot Buffer Zone during the three-year term of an Order associated with this application.
10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall
be flagged; all boundary delineation flagging should be maintained for the term of the Order.
11. If stormwater management structures are proposed in the Buffer Zone,the stormwater
management structures shall be maintained as required in the Stormwater Plan. Such
maintenance constitutes an ongoing condition and is not subject to further permitting
requirements.
en
q ts.
12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the
Registry of Deeds prior to the commencement of work per the requirements of Section F.
13. Prior to proceeding with any work under Simplified Review, applicants are required to provide
written notice to the Commission one week prior to commencing any work.
14. If work authorized under Simplified Review is commenced,no work is allowed,and no additional NOI
or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD
associated with this application. If work authorized under Simplified Review is not commenced,then
future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone.
--End of Conditions--
wpaform4b.doc-rev.06/13/05
Page 3 of 7
ILI]
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4.0 -ProvidedbyDEP
C. Simplified Buffer Zone Review (cont.)
Stormwater Applicability
1. ❑ The project is not subject to the Stormwater Policy.
2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the
project complies with all stormwater standards.
Ineligibility Determinations
Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a
Request for Determination of Applicability or Notice of Intent prior to any work because:
3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25-
10.35.
4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%.
5. ❑ Buffer Zone contains estimated rare wildlife habitat.'
6. ❑ The site borders an Outstanding Resource Water.2
Stormwater
7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient
information to demonstrate compliance with the Stormwater Management Policy.Prior to any
work, the applicant must submit plans showing compliance with the standards in the
Stormwater Policy, the location of the work, the amount of impervious surface, and the
location of erosion controls, to the Commission for its concurrence. (See instructions to
ANRAD Form 4A.)The following necessary stormwater information was not submitted by the
applicant:
a.
8. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or
more of the stormwater standards(specify which standard(s) not met).
a. Standard#
b. Standard#
9. ❑ Impervious surface exceeds 40%of the area of the Buffer Zone between 50 and 100 feet
from the resource area.
10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls
located at the limit of work or at least 50 feet from any resource areas,whichever will be greater.
1 1. ❑ Work is proposed within 50 feet of a resource area.
Notice to Commission
Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR
10.02, must provide written notice to the Commission one week prior to any work.
Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered
Species Program.
2 Certified Vernal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00.
wpaform4b.doc-rev.O6113/o5
Page 4 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1380
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Findings
This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the
boundaries of those resource areas noted above, have been delineated and approved by the Commission
and are binding as to all decisions renderedursuant to the Massachusetts Wetlands s Protection Act
(M.G.L. c.131, §40)and its regulations(310 CMR 10.00).This Order does not, however, determine the
boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,
regardless of whether such boundaries are contained on the plans attached to this Order or to the
Abbreviated Notice of Resource Area Delineation.
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 flours 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.
If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review fora Buffer Zone
project, the applicant has certified that any work associated with the proposed project meets all eligibility
requirements for Simplified Review listed in Section C of this Order.Any work that does not comply with
the Simplified Review requirements will require a Notice of Intent or Request for Determination of
Applicability.
The applicant is responsible for promptly requesting a Certificate of Compliance following completion of
any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order
of Resource Area Delineation unless the Order is extended.
Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the
Department to take enforcement action.
This Order must be signed by a majority of the Conservation Commission.The Order must be sent by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate DEP Regional Office.
E. 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 Resource Area Delineation.When
requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the
objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified
mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for 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.Any appellants seeking to appeal the Department's
Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this
project. Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,
or providing written information to the Department prior to issuance of a Superseding Order or Determination.
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 bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate jurisdiction.
wpeform4b.doc•rev.06/13/05
Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form Q — Order of Resource Area Delineation 242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
F. Signatures and Notary Acknowledgement
Please indicate the number o who will sign this form:
1.Number of Signers
Signatu e o onse� ation co n Member Signatur of ion Member
Sign of'Conservation C mission Member Signatu of Con ery C m ion Member
. .
Si nature of Consery n Com ' sion Member Signat a of s at' 1 sion Member
Signs lure of Con sion Member
This Order is valid for three years from the date of issuance.
This Order is issued to the applicant and the property owner(if different)as follows:
❑ by hand delivery on dby certified mail, return receipt requested on
Date I h k 7
Date
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
h
On this Day �D-q of _7IM(A +kr- _ a 00 0?Moth Year _
Month Before me, the undersigned Notary Public, MaSS� -
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which wastwere
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
Cityrrown Conservation Commission
� DC"IA.WEDGE
COI JMffiE IH0Ft HUSE S nature of Notary Public
@, My GOnNt1.Expires Aug.7,2009'
Printed Name o Notajy Public
Place notary seal and/or any stamp above Z171-14:11
My Commis 'n E fres(Date)
This Order is issued to the applicant as follows:
wpaform4b.doc•rev.06/13/05
Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
ILI-
WPA Form 4B — Order of Resource Area Delineation
242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP
G. Recording Information
If this Order is issued for purposes of Resource Area Delineation only,this Order should NOT be
recorded.
If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 of this form shall be
submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
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:
242-1380
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 title 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
wpaformft.doc•rev.06/13/05
Page 7 of 7
[Lj,
Massachusetts 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
436 Dwight Street Agawam Conway Hancock Pittsfield Wales
Alford Cummington Hatfield Montague Richmond
Wales
Suite 402 Amherst Dalton HawleyMonterey Richmond Ware
Springfield,MA 01103 Ashfield Deerfield Montgomery Rowe Warwick
Heath Monson Russell Washington
Phone:413-784-1100 Be�eheertown Easthampton Hinsdale Mount Washington Sandisfieid
East Longmeadow Holland NewAsMord Wendell
Fax:413-784-1149 Bernardston E remont Savoy Westfield
Blon
andford 9 Holyoke New Marlborough Sheffield
Brimfield Florida Huntington
h New Salem Shelburne West Sp ntgfield
Buckland Gilt 9 North Adams Shutesbury West Stockbridge
Charlemont Goshen Lee Northampton Southampton Whatel
Lenox Northfield Y
Cheshire Granby Levered South Hadley Wilbraham
O
Chester Granville Leyden Southwick Williamsburg
Otis
Chesterfield Great Barri Springfield Williamstown
Chicopee Greenfield Longmeadow Palmer Stockbridge Windsor
Ludlow Pelham
Clarksburg Hadle Sunderland Worthington
Y Middlefield Peru Tolland
DEP Central Region Acton Chariton Hopkinton Millbury Rutland
627 Main Street Ashbumham Clinton Hubbardston Uxbridge
AshbyMillville Shirley Warren
Worcester,MA 01605 Athol Devens Hudson New Braintree Shrewsbury Webster
Phone:508-792-7650 Auburn peas Holliston Northborough Southborough Westborough
Ayer Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Barre Leicester North Brookfield Spencer West Brookfield
TDD:508-767-2788 East Brookfield Leominster Oakham Steerliling Westford
Bellingham FitchburgOxford Berlin Littleton Westminster
Gardner Lunenburg Paxton Sturbridge Winchendon
Blackstone Grafton Marlborough Pepperell Sutton
Bolton Groton Maynard Worcester
Boxborough Harvard Yn Petersham Templeton
Boylston Hardwick Medway Princ ton Townsend
Brookfield Holden Mendon Princeton Upton orough
Milford Royalston Upton
Hopedale P
DEP Southeast Region Abington Dartmouth Freetown Ma isett
Acushnet Dennis Gosnold idle° Raynhcetown Tisbury
20 Riverside Drive Middleborough Raynham Truro
Lakeville,MA 02347 Aquinnah Dighton Halifax Nantucket Rehoboth
Attleboro Duxbu Wareham
Phone:508-946-2700 Avon Eastham Hanson New Bedford Rochester West Bridgewater
Barnstable Hanson North Attleborough Sandwich
West ort
Fax:508-947-6557 East Bridgewater Harwich Norton
Berkley Easton Sandwich Westport
TDD:508-946-2795 Kingston Norwell Scituate West Tisbury
Bourne Edgartown Lakeville Oak Bluffs
Brewster Fairhaven Mansfield Seekonk Whitman
Brewster
Orleans Sharon
9 Fall River Wrentham
Manor Pembroke.
Marshfield Somerset Yarmouth
Brockton Falmouth Marsh
Carver Foxborough Plainville Stoughton
Chatham Mashpee Plymouth Swansea
Franklin ton
Chilmark PI Ymp Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quin
Andover Chelsea Methuen Wakefield
One Winter Street Holbrook Randolph Walpole
Arlington Cohaset Hull
Boston,MA 02108 Ashland Concord Middleton Revere Waterto
Ipswich
Phone:617-654-6500 Bedford Danvers Lawrence Milks Revere Watertown
Belmont Milton Rockport Wayland
Fax: 617-556-1049 Dedham Lexington Nahant Rowley Wellesley
TDD:617-574-6868 Beverly Dover Lincoln Natick Salem Wenharn
Billerica Dracut Lowell Needham
Boston Essex Lynn Salisbury West Newbury
Boxford Everett Y Newbury Saugus Weston
Braintree Framingham Malden NewburyPort Sherbom WestwoodymWeymouth
Brookline Newton Somerville Weymouth
Georgetown Manchester-By-rhe-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead
Cambridge Groveland North Andover Sudbury Winchester
Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewkstw
Haverhill Melrose Peabody ry Woburn
Carlisle
Y Topsfield
Wpaform4b.doc-rev.11/22/00
Pa9 ellof1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1• Person or party making request(if appropriate, name the citizenrou 's representative):
g p p esentative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number
Fax Number(if applicable)
Project Location
rertan
Mailing Address
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 money order for$100.00(single family house projects)or$200(all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02214
Wpaform4b.doc-rev.10/04
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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 h ch is beingappealed. T
pp o 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 theappropriate DEP Re ional
g Office.
4. A copy of the request shall at the same e time be sent b certified mail or
Y hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
Wpaform4b.doc•rev.10104
Page 2 of 2'
�y�y K
\410 TOTAL DISTURBANCE
Q I
ZONING REQUIREMENTS:
v �o `O
DISTRICT RES. 1 WITHIN 100 NON-DISTURBANCE BUFFER ZONE: 4400± SF BOULDERS
MIN LOT AREA 87,120 S.F. RESTORATION OF
MIN LOT FRONTAGE 175 FT.
MIN YARDS EXISTING. PAVEMENT. 1300± SF
NOTES
LOCUS FRONT 30 FT.
g0 iY} SIDE 30 FT, WITHIN NON-DISCHARGE BUFFER ZONE: 4,950± SF 1.) THE LOCATIONS OF EXISTING U77UTIES ARE SHOWN
24"±
eL REAR 30 FT. IN AN APPROXIMATE WAY ONLY AND HAVE NOT 24"±
BEEN INDEPENDENTLY VERIFIED BY THE OWNERMAX. BLDG. HT. 35 FT,
OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL
- . ':"t'.. .
.......... ......
LANE TOTAL: 10,650± SF 88 DETERMINE THE EXACT LOCATION OF ALL EXISTING
****ALSO IN THE WATERSHED DISTRICT""
UTIU77ES BEFORE COMMENCING WORK, AND AGREES
0� / TO BE FULLY RESPONSIBLE FOR ANY AND ALL EXISTING GRADE������
DAMAGES WHICH MIGHT BE OCCASIONED BY THE
LA C-9 CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND SECTION VIEW PROFILE VIEW FOR REGISTRY USE ONLY
LOCUS MAP NOT TO SCALE PRESERVE ANY AND ALL UTILITIES.
2.) VERTICAL DATUM ASSUMED. M M E-=-r
NOTE: WALL TO BE CONSTRUCTED OF VARIABLE
3.) FLOOD INSURANCE RATE MAP COMMUNITY-PANEL SIZED BOULDERS AT A MINIMUM HEIGHT OF 24"
EXISTING
SCS SOIL TYPE DESCRIPTION BUILDING NUMBER 250098 0005 B EFFECTIVE DATE. JUNE 15, 1983 ABOVE GRADE. WALL IS TO BE DRY-LAID AND
LOCUS IS IN A ZONE C. COMPOSED OF NATURAL STONE.
4.) THESE ARE THE EXISTING COND177ONS AS OF FEB. 2, 2006. F=NJ C9 I NFE E=-F=4 1 NJ C-3
coc CHARLTON - A WELL DRAINED, VERY STONY, co THERE WERE MODERATE SNOW CONDITIONS DURING FIELD SURVEY.
FINE SANDY LOAM, HYDROLOGIC GROUP 8 CONNE PROPOSED IRON PIPE1 BOULDER WALL
FOUND 5.) REMAINDER OF PROPERTY OUTSIDE THE 100' NON-DISTURBANCE 297 ELM STREET, AMESBURY, MA,
TER SERVICE �MB LIMIT OF NOT rO SCALE
StB SUTTON - A MODERATELY WELL DRAINED, FINE SANDY WATER MAIN E-TQ WORK BUFFER ZONE LIES WITHIN THE NON-DISCHARGE BUFFER ZONE Phone: (978) 388-2157 Fax: (978) 388-0428
LOAM, HYDROLOGIC GROUP B I 6.) ALL PROPOSED ACTIVITY IS GREATER THAN 400 FT TO THE CONSULTING ENGINEERS&
SuB SUTTON - A MODERATELY WELL DRAINED, VERY STONY, MEAN ANNUAL HIGH WATER MARK OF LAKE COCHICHEWICK. LAND SURVEYORS SINCE 1975
FINE SANDY LOAM, HYDROLOGIC GROUP 8 k G -0 7.) ANY FERTILIZERS USED ON THE PROPERTY SHALL BE :LOW NITROGEN/
Visit us on the WEB at www,cammett.com
SLOW RELEASE FERTILIZERS. NO PESTICIDES USE SHALL BE PERMITTED.
RIB RIDGEBURY A POORLY DRAINED, EXTREMELY STONY, 8.) PROPOSED DWELLING TO BE SERVICED WITH MUNICIPAL WATER Sheet Title:
LEICESTER FINE SANDY LOAM, HYDROLOGIC GROUP C 18"PCP W OUT=79.��r
AND SEWER.
Z V;7 PA R Y
9.) WEILAND BOUNDARY DELINEATED BY THE NEVE - MORIN GROUP.
L Overlay
Sf�L Q;i ;,
BOUN AREA
GRANtgTE BOU 10.) MAINTENANCE WITHIN THE 25' NO DISTURB ZONE SHALL CEASE, AND THE AREA
�OUND
N/F SHALL BE ALLOWED TO GROW NATURALLY.BALES OF HAY 2-2"x2'xj' S7AKES �11W1 DRILL- 0I Site Plan
E. HAFFNER & JOANNE D. FOURNIER
TO BUTT TOGETHER EACH BALE SPACED 1577/11
MAX 7.5' 174113473
P
12"Rc, iNV A F_,R G Y _.Q=70.2�1/ .7 RETAINING
TT
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VARIES �11JRBANC
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o� I /\\ / �• '/ / \` \ F
ly Project Title:
ti FIL TER FABRIC #4425
FLOW IRON RODS CU�n
zo Q) T _/STORMWATER
� FOUND
MANAGEMENT
60 6'*8AcKFxL
AREA 0 Single Family Dwelling
LSA('
C
Bonny Lane
SUPPORT NETQ '!a C T
BEHIND RL 7 ER � I mo' •���% / I BT 9 ��
LSA PLAN REFERENCE:
2-20x2Nx3' STAKES FABRIC
North Andover, MA 0 1845
64CH BALE'
• Y / S Y PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS
TEMPORR�
PLAN ELENA TION EN I" = 40' DATED: AUGUST 11, 1997
• ER ION A SCALE.
TT A
4 PREPARED BY W. C. CAMMETT ENGINEERING, INC.
13T 91.0 X�'l 039
C Q% E.P.
ONTROL LIMIT / j , \
INS rAL LA 770V PROCEDURE* • V 0 D LSA ---------- --------- AS SURVEYED FOR E HAFFNER FOURNIER
4/,V,' 01 4 CAMMETT PLAN 97091WS.DWG.
1. EXCA VA TE APPROXIMA TEZ Y 6 DEEP TRENCH FOR ENTIRE LENGTH OF HA YBALE 9 G TT 92
'50\ �n
4
OF W017 50p
INSTALLA77ON LOCATION.
TT 92.5
A40
2 INSTALL HA YBALES IN TRENCH AND STAKE EACH HA YBALE WITH 2 STAKES EA CH.
• .190� ROD 13T 91.5
Sq WN W H OF Owner:
3 INSTALL SILT FENCE AGAINST FACE OF HA YBALE, AS 0 r BO TrOM
RIAL FOUND (0 DEED REFERENCE:
SIL T FENCE BA CKRLLED Iff 7H APPROXIMA In Y 6 OF RLL MA IF r EXISTING
CFTC WOODED
CXZ) L
TO.- BONNY REALTY TRUST
Bonny Realty Trust
7EMPORARY EROSION CONTROL REAAWN
RETAI FROM: E. HAFFNER FOURNIER & JOANNE D. FOURNIER
Rooftop
DEED BOOK 2483 PACE 243 Amy F. Constantino
TYPE-5 NOT rO SCALE Infiltra I
7
DATED: APRIL 24, 1987
TW AREA
p --, Trench MAP 62 LOT 41 Trustee
ly 43,655± S.F.
'--PROPOSED �A 5 IMIT\ OF
80_2 LDER TT9 . RK 1.00± AC.
WF 12 WALL 70 Pine Ridge Road
WF 11 ��BT 90.0
12 (Tip. A
X
Noah Andover, MA 01845
4r
WF 13 TEMPORARY--A, 1715 4 6 WOODED
EROSION,
CONTROL/LIMT ,-
OF WORK
N
STAKE REVISION
WF 14 SET N/F
WF j MENt TECHNICAL TRAINING FOUNDA77ON NO. DATE DESCRIPTION BY
LEGEND PROPOSED MAINTENANCE WITHIN THE 25' NO DISTURB TO BE REMO V� AMED, 28571286
ZONE\SHALL CEASE, AND THE AREA SHALL �ND R Y�' E �
BE ALLOWED TO GROW NATURALLY. AL
\,�WF 7
NOODEDN/F
E. HAFFNER & JOANNE D. FOURNIER
N/F 1577111
SPOT GRADE ROBERT & GLORIANNE FARNHAM WF 6174113473
JIL 1576180 STAKE
82 SE
CONTOURS
PAVEMENT WF 15
LIMIT OF TON
ERDIRECTLYUNDER
TYPE-5 EROSION CONTROL \ WF 5
ISOLATED
WETLANDS ROOF DRIP LINE OAA14
LIMIT OF WORK OF
GREATER X Mass
UNDERGROUND UTIL177ES • THAN 5000 S.F. ILL FRED V
UE
/WF 4) FORD*
S SEWER SERVICE • • IRON ROD CIVIL
W WATER SERVICE • /X.WF 3 1 SET cl PROPOSED No, 35453
X
TT 925 TOP OF INFILTRATION TRENCH FINISH GRADE
BT 91.5 BOTTOM OF INFILTRATION TRENCH • BUILDING /S GRASSED SLOPE
#2 SOIL TEST LOCATION I _4
WF 2 '-S'#4426 (Typ)-\
• 0
o 0 cop, o
0. 0 0
0 0
0. 00 yo Date:
0 giiq.
0
LOAM & SEED .0.0.0% 0, *06
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6' LOAM & SEED q 000..0 00 0 0 go 00 PROD. MGR.: W. CAMMETT
• I P-Op 0
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1, FIELD: R. 13ROWN/M. SANTIAGO
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0%..o.. .00amp
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0. ..,.o;,
A 1100
0.j %0. DRAWN: L. THIL300EAU, M. TE551ER
C) /WF 1 ^
SMITH JR. a GRASS WATER QUALITY SWALE MCH TO BE CHECKED: R. 5MITH
N0.35794 W TH FILTER 2'-0-
_�MNO F TO SCALE DATE: 3117-09
lgyp SUR FILE: K:�...�2009Q9005Ww��
SCALE: 1 "=20' INFIL TRA TION TRENCH 09005_5p'd�A
TOLL FREE "��--�-
20 10 0 20 40 60 FEET JOB 09005
1-888-DIG-SAFENOT TO SCALE
(1-888-344-7233) C� 5 3 1 0 5 10 15 METERS 5HEET I of
MAR 24 ?Ij0'4
Ago-
Q TOTAL DISTURBANCE
"41
ZONING REQUIREMENTS:
VON DISTRICT RES. 1 WITHIN 100NON-DISTURBANCE BUFFER ZONE: 4400± SF BOULDERS
MIN LOT AREA 87,120 S.F.
MIN LOT FRONTAGE 175 FT. RESTORATION OF
MIN YARDS EXISTING. PAVEMENT: 1300± SF
NOTES
LOCUS
FRONT 30 FT.
pNNy` REAER
30 FT.
55.5� WITHIN NON-DISCHARGE BUFFER ZONE: 4,950± SF 1.) THE LOCATIONS OF EXISTING UTIU77ES ARE SHOW 30 FT., 24"±
1* IN AN APPROXIMATE WAY ONLY AND HAVE NOT
1-4, BEEN INDEPENDENTLY VERIFIED BY THE OWNER
MAX. BLDG. H T. 35 FT. Z
,4�
LANE OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL
****ALSO IN THE WATERSHED DISTRICT**** TO TA L; 10s650± SF
DETERMINE THE EXACT LOCATION OF ALL EXISTING
UlIU77ES BEFORE COMMENCING WORK, AND AGREES low
O TO BE FULLY RESPONSIBLE FOR ANY AND ALL EXISTING GRADE
LAKE U DAMAGES WHICH MIGHT BE OCCASIONED BY THE
LOCUS MAP NOT TO SCALE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND SECTION VIEW PROFILE VIEW
PRESERVE ANY AND ALL UTILITIES. FOR REGISTRY USE ONLY
2.) VERTICAL DATUM ASSUMED. NOTE. WALL TO BE CONSTRUCTED OF VARIABLE mr_1 r=-T_r
EXISTING 3.) FLOOD INSURANCE RATE MAP COMMUNITY-PANEL SIZED BOULDERS AT A MINIMUM HEIGHT OF 24"
SCS 501L TYPE DESCRIPTION NUMBER 250098 0005 B EFFECTIVE DATE: JUNE 15, 1983 ABOVE GRADE. WALL IS TO BE DRY-LAID AND
BUILDING
LOCUS IS IN A ZONE C. COMPOSED OF NATURAL STONE.
COC CHARLTON - A WELL DRAINED, VERY STONY, 4.) THESE ARE THE EXISTING CONDITIONS AS OF FEB. Z 2006.
FINE SANDY LOAM, HYDROLOGIC GROUP 8 THERE WERE MODERATE SNOW CONDITIONS DURING FIELD SURVEY.
CONNE PROPOSED IRON PIPE'
SERVICE M13 FOUND LIMIT OF 5.) REMAINDER OF PROPERTY OUTSIDE THE 100- NON-DISTURBANCE BOULDER WALL 297 ELM STREET, AMESBURY, MA.
StB SUTTON - A MODERATELY WELL DRAINED, FINE SANDY WATER MAIN WORK BUFFER ZONE LIES WITHIN THE NON-DISCHARGE BUFFER ZONE. NOT TO SCALE
LOAM, HYDROLOGIC GROUP 6 iETC 6.) ALL PROPOSED ACTIVITY IS GREATER THAN 400 FT TO THE Phone: (978) 388-2157 Fax. (978) 388-0428
SUB SUTTON - A MODERATELY WELL DRAINED, VERY STONY, iD
LSA MEAN ANNUAL HIGH WATER MARK OF LAKE COCHICHEWICK. CONSULTING ENGINEERS&
FINE SANDY LOAM, HYDROLOGIC GROUP B
LAND SURVEYORS SINCE 1975
7.) ANY FERTILIZERS USED ON THE PROPERTY SHALL BE LOW NITROGEN/
Sz) VW us on the WEB at wwwcammettcom
PJB RIDGEBUR Y A POORLY DRAINED, EXTREMELY STONY, SLOW RELEASE FERTILIZERS. NO PESTICIDES USE SHALL BE PERMITTED.
RIM=33.95 fi
& LEICESTER FINE SANDY LOAM, HYDROLOGIC GROUP C 18"RCP INV OUT=79.95
PROPOSED DWELLING TO BE SERVICED WITH MUNICIPAL WATER
AND SEWER.
Sheet True:
C,
1951 /, 11 I
9.) WETLAND BOUNDARY DELINEATED BY THE NEVE - MORIN GROUP.
'-,-O!L STOCKPILE
GRAWjE BOUN AREA Site Plan
10.) MAINTENANCE WITHIN THE 25' NO DISTURB ZONE SHALL CEASE, AND THE AREA
AR
AY 2-2`x2`xj' STAKES cp W1 DRILb-,H OUND N/F
BALES OF H
SHALL BE ALLOWED TO GROW NATURALLY.
TO BUTT TWINER EACH 8ALE SPACED 9=83�� -
I I E. HAFFNER & JOANNE D. FOURNIER
CB 1577/11
MAX 7.5' 1 f::RR C V IN=79.
I C AV IN FROM C8=79 2 174113473
• VARIES TT 9 `RETAINING
t.
WALL
18"R P iNV OUT=79.22 B T 91.5
VARIES 2.3 , N0N_DjSj1jR0N Q/
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fX TER FABRIC
fzow
#4425
S� T TENNH5
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6`8AwxL 98
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A
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0
44
SUPPWr NET X, LSA( Sing, amily weiling
co
.01
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8&#VD RL 7ER f1l) j m�q
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2-2`x2`x3' STAKES
LSA PLAN REFERENCE:
fAai bAlf
PLAN ELEVA TION TEMPORAWY North Andover, MA 01545
EROSION PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS
A- SCALE: 1* = 40' DATED. AUGUST 11, 1997
TT 92.0 LE.
•
/LIMIT 103.9
IN57ALLA WN PROCEDURE _CSXTRQLA __8T 911.0� PREPARED BY W. C. CAMMETT ENGINEERING, INC.
LSA
OF 4.1 AS SURVEYED FOR
I. EXCA VA 7E APPROXIMA 7EL Y 6 DEEP 7RfNM FOR ENTIRE LENGTH OF HA MALE W1171 TT 92 5 E HAFFNER FOURNIER
INS IALLA 77ON L OCA 716N GANNETT PLAN 97091WS.DWG.
9 T 91. 5
2 INSTALL HA YBALES IN TRENCH AND STAKE EACH HA YBA LE KITH 2 STAR •EA CH. f
�A(o -
TT 925
IRON ROD IV10 BT 91.5
-70A�(
-�; ,� � \ I /
I INSTALL SIL r fDVCE AGAINST FACE OF HA MALE, AS SHOW, WTH 80TW OF :FOUND
SIL T f UVOE BA CKRLLED W 771 APPRO)UMA In Y 6' OF f XL MA T&ML RETAINING�- Owner:
EVS77NG DEED REFERENCE:
STC WOODED WALL
LAWN
A TT 91.0
TEMPORARY EROSION CONTROL RE P# 92.5�� TO. BONNY REALTY TRUST
BT 90.0 Bonny healty Trust
Rooft FROM: E. HAFFNER FOURNIER & JOANNE D. FOURNIER
71 DEED BOOK 2483 PACE 243 Amy F Constantino
TYPE-5 NOT ro SCALE Infilt
L
Trench -AREA DATED: APRIL 24, 1987
OPP LIMPF OF 43�655± S.F. MAP 62 LOT 41 Trustee
ER 1.00± AC.
WF 12 TT 9 1. K
WALL :. Nl�
11 -----BT 90.0 '\ "> 7' 70 Pine Ridge Road
Ix.
WF 13 North Andover, MA 01545
TEMPORAR
WOODED
AL y
EROSION,
AL • kv I
CONTROLIUMT',-
OF WORK
AL
WF 14 STAKE %
SET 4XI TIN N/F REVISION
WF j S EN t NO. DATE DESCRIPTION BY
MkNTENANCE WITHIN THE 25' NO DISTURB TECHNICAL TRAINING FOUNDATION
LEGEND PROPOSED IREMOW!! MED, 28571286 1 3117109 HOUSE FOOTPRINT LT
ZONE,,$WALL CEASE, AND THE AREA SHALL �ND Rpfo C� 5
BE ALLOWED TO GROW NATURALLY. AL
7
WOODED N/F
• E. HAFFNER & JOANNE D. FOURNIER
N/F
1577111
SPOT GRADE ROBERT & GLORIANNE FARNHAM 6 \ na i, 174113473
1576180
82 CONTOURS AL • STAKE
SET
7?, WF\15 • AL
PAVEMENT
TYPE-5 EROSION CONTROL LIMIT OF iL CENTERLINE OF TRENCH T_
ISOLATED
WF 5 TO BE DIRECTLY UNDER
LIMIT OF WORK WETLANDS ROOF DRIP LINE
UE • GREA TER oe
UNDERGROUND UTILITIES THAN 5000 S.F. AL
WwF
S SEWER SERVICE I CO . IRON ROO
/X*
W WATER SERVICE W 3
• 11 SET 3,
TT 2Z5 TOP OF INFILTRATION TRENCH FINISH GRADE PROPOSED
BT 91.5 BOTTOM OF INFILTRATION TRENCH BUILDING
• 2 �4426 (Typ)
12* SOIL TEST LOCA77ON • 6, GRASSED SLOPE
WF
n
0
0.0
0 gAL 0. 0.
L & sA .0.91 Date:
00 ...-00..60
Of 6" LOAM SEED .0 • 0 % 1 _�
RIM=79.62 T , 0. 0
PROD. MGR.: W. CAMMETT
0 0.
8"CCP INV=78.19
OF FIELD:
ROBERT J14 1 112'aLW- R. BROWN/M. SANTIAGO
E. 8"CCP INV=78.22 Snm
SMITH JFt FRED V. DESIGN: L. TfII1300EAU
00
RD 0
0.
0.
0.
0.
0.
38n4 /WF 1 R 6 .9, . . 0 DRAWN: L. TH11300fAU, M. TE551ER
/I 7R901 70 bf UAO
hi GRASS WATER QUALITY SWALE Mf7H fX MR fA" CHECKED: R. WITH
0 354�Y 2'-0-
..Ammon.. NOT TO SCALE I DATE: 3117109
TOLL ON TRENCH FILE. r\.'�...W09Q900ftw9'
Ayzk SCALE: 1 "=20' INFIL TRA 09006ffd�vA
1-888-DIG-SAFE 20 10 0 20 40 60 FEET JOB 0.9006
(1-888-344-7233) Nor TO SCA L E
5 3 1 0 5 10 15 METERS
EXISTING
5HEET Of
NR 2 4 2009
60A,RD, 111F _,P�' LIS,