HomeMy WebLinkAboutMiscellaneous - 30 ANNE ROAD 310 CMR 1U.99
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' Form 5 0242-750
RFO� t�{�� DEP F;bNo.
JOYCE 8ll A S -11 W (to t,e wwxk4 by UEf't
TOWN CLERK
-�— NORTH ANDOVER North Andover
t� Commonwealth Cary.town
of Massachusetts E�t►f Q ( s t Paisano Realty Trust
JUN J �# .39 A ADDrrt ant
' . Lot 2 Anne Road
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION C0114ISSION
ToPaisano Realty Trust Same
(Name of Applicant) (Name of properly ownerl
440 South Union Street
Address Lawrence, MA 01843 Address Same
This Order is issued and delivered as follows:
C by hand delivery to applicant or representative an (date)
.XXZX by certified mail. return receipt requested on 6-9-95 P406-914-723 (date)
I-his project is located at Lot 2 Anne Road
The property is recorded at the Registry of NnrrhPrn_Essex -
Book 3597 Page 193
Certificate (if registered) ..The Notice of Intent for this project was filed on March 30, 1995 _ (date)
The public heal,rng was closed on May 17, 1995 (date)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Nonce fit,
)nient and plans and has held a public hearing on the project. Based on the information availacle to the
tIACC at this time. the tfAta' _- has deterriwied that
the area on wt--ch the proposed worts is to be done is significant to the following interests in accoraance v.ith
the Presumpt,cns of Significa ce ort in the re ulations or each Area Subject to ProtectiQp Under the
►. sl�i Recreation
III a^ ro riate : Ch.178: Prevention of Erosion & `Sedimentation Ch.178 Wildlife
Ac,t (check as .�R R 1 � .,�
Pubilo -.rater supplyFlood control [3 Lind containing sheillish
Private water supply T Storm damage prevention Fisheries
Ground water supply (7 Prevention of pollution j Protection of wildlife habitat
Total Filing Fee Submitted $55.00 State Share
City[Tbwn Share $40.00 ("_ Ipp in r'xcess of S?5t
Total Refund -ue S City(Town Portion S State Portion S
(iiz total) (1/2 total)
°lective ' ?/. . ie9 5. 1
DEP FILE # 242 - 751
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
7. The proposed work includes a home addition as specified in the below referenced
Notice of Intent and Plans.
8. The work shall conform to the following(except as noted in the remainder of this
document where revisions may required):
Notice of Intent filed by : Paisano Realty and Trust
440 South Union Street
Lawrence, MA 01843
(DATED 3/27/95)
Plans prepared by: Merrimack Eng Services
66 Park Street
Andover,MA 01810
Entitled"Site&Topa Plan of Land"
(DATED 3/23/95/REV 4/26/95)
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DEP FILE # 242 - 751
9. The following wetland resource area is affected by the proposed work: buffer zone of
bordering vegetated wetland. This resource areas is significant to the interests of
the Act and Town ByLaw as noted above. This resource area is also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
10. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 3/23/95/REV 4/26/95. Prior to the issuance of
a Certificate of Compliance, the applicant will submit a plan showing the site's
wetland delineation at a scale identical to the Town wetland map for this
location.
11. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control.
13. The NACC finds that the intensive use of t he upland areas and buffer zone proposed
on this site to construct a home addition will cause further alteration of the wetland
resource area. In order to prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent and approved herein, a twenty five(25)foot
no-disturbance zone-and a fifty(50)foot no-construction zone shall be established
from the edge of the adjacent wetlands. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local
Regulations).
14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
15. This Order of Conditions is issued in addition to those issued under File No. 242-
725.
PRIOR TO CONSTRUCTION
16. 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,
17. 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
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DEP FILE #242 - 751
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.
18. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts Department of
Environmental Protection,File Number 242-750'
19. 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.
20. The applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also shall be made a part of
the contractor's written contract. The applicant or contractor shall notify the NACC in
writing of the identity of the on-site construction supervisor hired to coordinate
construction and to ensure compliance with this Order.
21. The applicant shall submit a construction schedulelsequence to the NACC detailing the
proposed sequence of work on site to complete this project.
22. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing so that erosion control measures can be properly placed and
wetland impacts can be monitored.
23. 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 referenced and approved herein
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DEP FILE #242 - 751
and shall be inspected and approved by the NACC prior to the start of construction
and shall remain intact until all disturbed areashave 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.
24. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 25 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.
25. 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 Treasure before
commencement of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel,and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of the local
ByLaw.
DURING CONSTRUCTION
26. Upon beginning work,the applicant shall submit written progress reports every 2
months 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.
27. 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.
28. No exposed area shall remain unfinished for more than thirty(30) days, unless
approved by the NACC.
29. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
30. There shall be no stockpiling of soil or other materials within twenty-five(25)feet of
any resource area.
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DEP FILE # 242 - 751
31. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
32. 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.
33. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
34. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require,following field inspection, additional information
or resource protection measures.
3 5. 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
36. 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.
37. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
38. 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.
39. Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Civil Engineer or Land Surveyor certifying compliance
with this Order of Conditions and the approved plans referenced herein(or approved
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DEP FILE # 242 - 751
revisions). A stamped"As-Built"topographic plan of all areas within the jurisdiction
of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
B) "As-Built" elevations and grades of all filled or altered wetland resource areas;
C) Distances from structures to wetland resource areas;
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
40. The following special conditions shall survive the issuance of a Certificate of
Compliance for this project:
14. Maintenance of Catch Basins
35. Discharge of spillage of pollutants.
36. Prohibition of storage of fuels underground.
37. Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\OOC\242-751.doc 6 NACC 6/9/95
1
D,E,-P. #242— 750
Lot 2 Anne Road
Issued By NORTHANDOVER _ Conservation Commission
Signature(s)
Lei
t
i
This Ceder must be signed by a majority of the Conservation Commission.
On this 7th day of June 95
19 , before me
persorially appeared George L Reich tome known to be the
person described in and who executed the foregoing instrument and acknowledged that he/stye executed
the lain as nis/her free act and deed.
L��e%u--_ Qa2
Notary Public Donna Nae D'Agata My commission expires March 22, 2002
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or any len residents of the city or town in which such land is located are hereby notified of their right to request the Department of
Environmental Quality Engineering to issue a Superseding Order,providing the request is made,by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten 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 the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court.
RECORDING INFORMATION:
North Andover Conservation Comma
Detach on dotted line and submit to the _prior to commencement of work.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover P 418/5 ly
To ssuing Aul for
Please be advised that the Order of Conditions for the project at Lot 2 Anne Road
File Number 242-750 has been recorded at the Registry of Deeds, Northern Essex and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on __. 19_
If recorded land, the instrument number which identifies this transaction is
It registered land, the document number which identities this transaction is ______ ---.-------_--
Signature Applicant
5.4A
Ut >
310 CMR 10.99 , `
Form 8
DEP File toe 242-553
-.tet no ve arowoed by DEF)
,_ Commonwealth cdv lowr North Andover
� >'_ = 01 Massachusetts AooOIcanr Scott Giles
430 Anne Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
NORTH ANDOVER CONSERVATION COrtMISSION
. From IJJUIrYQ.Author 11}
To Scott Giles 50 Deermeadow Rnad, Nnrtb Andnyp_rfMA '01$45
(Name) (Address)
Date of Issuance October 21, 1992
This Certificate is issued for work regulated by an Order of Conditions issued to Ercole L. Sidefi, Jr.
dated 6/14M and issued by the NACC
1. UX It is hereby certified that the work regulated by the above-referenced Order of Conditiotis ti_,'s
been satisfactorily completed,
2. 71 It is hereby certified that only the following portions of the work reoulated b�, Ifie.above-rnler-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Corriphamc .
does not include the entire project,specify what portions are included.)
t
3. It is hereby certified that the worts reoulated by the above-reterenced Oder of Condihons wac,
never commenced.The Order of Conditions has lapsed and,is10Wrefor e no tot�oery id t 1 Y lut r+
work subject to regulation under the Act maybe commenced without fihri e Heti•.. Notice of iriIe!I
and receiving a new Order of Conditions.
(Leave Soace eiank)
I� .
6.1
4. NX This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on (d.aie)
at the Registry of , Book , Page
t .
i
5. The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order. such as maintenance or monitoring, which are to continue for a longer period.)
I�
.issued by NOR ;'ANDOVER CONSERVATION C01MISSION
Signatures)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this day of 0C7Vr3tS . 19 before ine
personally appeared A51 CH to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
otary Pub id -�IL- 67N My commission expires
'I
Detach on dotted line and submit to the NORTH ANDOVER CONSERVATION COMMTSSTQN
..............................................................................................................................................................................................................
To North Andover Conservation Commission Is sum c)nuv �,�:
Please be advised that the Certificate of Compliance for the project at. 430 Anne Road
File Numoer 242— 553 has been recorded at the Registry of Deeds North Essex
and has been noted in the chain of bile of the allected orocerty on
it recereee fano.me instrument numoer wrncn loenia,es mis-.ransacnon is �—
If registered land,the eocument number wnich odenbbes this transaction is
Signature
u
dE t,Q:;�h,/�
�,•. I SSS N U i
ACN09
SFR 11 ,`�
Any appleal shall be filed OF NORTH ANDOVER
within ("0) {'ays a h'.or Hhe MASSACHUSETTS
date of i i. r,6� of ti I; i�c,bic2
in 1112 ®dice of the Town
DOARD OF APPEALS
Clerk.
NOTICE OF DECISION
Date . . .April• 27, .1992. . . . . . . . . .
Petition No.. . . 009-92. . . . . . ... . . . .
Date of Hearing-April. 1A. l 992. ..
Petition of . . David. & Susan. .S;id?ri. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 3Q. Anne.Roa.d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the .Section .4, . . . . .
F.aragraph. .4...121(1.7.). .of .the. Zoning. Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .cons.t.ruction. .of :a.Family. .Suite... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
::
. . . . . . . . . . . • .
After a public hearing given on the above date,the Board of Appeals voted to . GRANT. . . .. c the
. .Special. P.ermit. . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . David. &. Susan. Sider.i . . . . . . . . :`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1. the premises be occupied by Ronald and Elizabeth Fountain;
2. the Special Permit shall expire at the time that Ronald and Elizabeth Fountain
cease to occupy the Family Suite;
3. the Special Permit shall expire at the time the premises are conveyed to any
person, partnership, trust, corporation or other entity;
4. the applicant, by acceptance of the
Certificate of Occupancy issued Signed
pursuant to the Special Permit, Fran Serio, Jr., Chairman
grants the Building Inspector or . . . . . . . . . . . . . . . . . . . . . . . . . .
his lawful designee the right to Willi m Sullivan, Vice-Chairman
inspect the premises annually. •
. . . Walter Soule: Clerk.. . . . . . . . . . . .
Anna O'Connor
Board.of Appy
OF NORTHq e C�yyt�J r
°NA TEO WnPp �y.
Any appeal sha"I lbn tiled 9SSACHUS��
Within ("!') &r,-n the
dato 0f t i ; C m C)?r y� TOWN OF NORTH ANDOVER
in the Dike Gia ;:f MASSACHUSETTS
BOARD OF APPEALS
David and Susan Sideri Petition #009-92
30 Anne Road
North Andover, MA 01845 * DECISION
The Board of Appeals held a public hearing on Tuesday, April 14,
1992 upon the application of David and Susan Sideri requesting a
Special Permit under Section 4, Paragraph 4.121(17) of the Zoning
Bylaws so as to allow a family member an in-law apartment located
at 30 Anne Road. The following members were present and voting:
Frank Serio, Jr. , Chairman, William Sullivan, Vice-Chairman,
Walter Soule, Clerk and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on April
1 and 8, 1992 and all abutters were notified.
Upon motion by Mr. Sullivan and second by Mrs. O'Connor, the
Board voted unanimously to GRANT the Special Permit as requested,
subject to the following conditions:
1. the premises be occupied by Mr. & Mrs. Ronald Fountain;
2. the Special Permit shall expire at the time that Mr. &
Mrs. Fountain cease to occupy the family suite;
3. the Special Permit shall expire at the time the
premises are conveyed to any person, partnership,
trust, corporation or other entity;
4. the applicant by acceptance of the Certificate of
Occupancy issued pursuant to the Special Permit, grants
the Building Inspector or his lawful designee the right
to inspect the premises annually.
NORTH ANDOVER BOARD OF APPEALS
DAVID & SUSAN SIDERI DECISION
The Board finds that the petitioner has satisfied the provisions
of Section 10, Paragraph 10.31 of the Zoning Bylaw.
Dated this 27th day of April 1992.
BOARD OF APPEALS
Frank Serio, Jr
Chairman
I