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HomeMy WebLinkAboutMiscellaneous - 60 BEAVER BROOK ROAD JOYCE BRADSHAW c TOWN CLERK NORTH Ahtl30ViR Town of North Andover NORTH MAY i 1 11 J 3 A '96 OFFICE OF COMMU�NiITY DEVELOPMENT AND SERVICES 0o �' A 146 Main StreetArgo KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSnCH S Director (508)688-9533 ii ,-,y appeai shall be filed within (20) days after the BOARD OF APPEALS date of filing of this Notice NOTICE OF DECISION in the Office of the Town Clerk. Property: Lot 14 Evergreen Estates Thomas Losco Date`. May 21, 1996 Lot 14 Evergreen Estates Petition:012-96 North Andover MA 01845 Date of Hearing; April 23 & May 14, The Board of Appeals held a continued meeting on Tuesday evening, May 14, 1996 upon the petition of Thomas Losco requesting a variance from requirements .of Section 7,Paragraph 7.3 and Table 2 of the Zoning By Laws as to provide relief from square foot area requirement in R-2 district request for relief of 25'side set back for the purpose of constructing a home on Lot 14 with the combination of wetlands offset of 50',septic offset of 35' and sideline off set of 30'. In a telephone conversation with Vice Chairman, Walter Soule,Mr. Losco claimed that he would be making arrangements with the developer to situate the home as not to require a variance on the side setback. He was requested to submit to the Board a letter of withdrawal without prejudice. The Board to date had not received a letter notifying the board of any changes or request. A motion was made by Walter Soule and seconded by Raymond Vivenzio to deny the request for a variance due to the absence of a letter of withdrawal without prejudice. The following members were present and voting; William Sullivan,Walter Soule, Raymond Vivenzio, and Robert Ford. The hearing was advertised in the Lawrence Eagle Tribune on March 20,and March 27, 1996 and all abutters were notified my regular mail. Board of Appeals William Sullivan,Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nic atta Michael Howard Sandra Starr Kathleen Bradley Colwell s JOYCE SRA AW 4 0?3 NOR TH AND ER Received by Town Clerk: MAR I q #1 o ` TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Thomas Losco Address 152 Partick Road, Tewksbury MA 01876 Tel. No. 508 640 1515 1 . Application is hereby made: a) For a variance from the requirements of Section_7 Paragraph 7_a and Table 2 of the Zoning Bylaws . b) For a special Permit under ,Section- Paragraph of the Zoning Bylaws. : c) As a Party Aggrieved, for :review of a decision made by the Building Inspector or other authority. 2 a) Premises affected are land and building(s) numbered - Street, b) Premises' affected are property with frontage on the North ( ) , South (X) East ( ) West ( } nide of Beaver Brook Road Street Street, and known as No. Lot 'Number 14, Evergreen Estates Street, c) Premises affected are in Zoning District R - 2, and the Premises affected l have an area of 43560 square feet, and frontage of feet. 3 . . Ownership: a) Name and address of owner (if, joint ownership, give all : names) : D E C M Essex, Inc 660 Rogers St. , Lowell, MA 01852: Alraitillard agent Date of Purchase 1995 previous Owner Smith/Gorman/Farr b) 1 . If applicant is not owner, check his/her interest in the premises: X Prospective Purchaser` Lessee Other Rev. 10/95 2 . Letterof authorization for Variance/Special Permit required. 4 . Size ofro osed building: 60 front; 52 feet deep; P P g� ------ ------ Height 2 stories; 15 feet. a) Approximate date of erection: Spring/Summer 1996 b) Occupancy or use of each floor: residential c) Type of construction: wood; frame 5 . Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on 'this petition. Please explain in detail below. (If requesting a variance or special permit please fill out the attatched table.) Sideline setback (Refer to Table) 14F7 .3f 7 . Deed recorded in the Registry of Deeds in Book Z?,O/' Page Land Court Certificate No. Book Page The, principal points upon which I base my application are as follows : (must be stated in detail) The combination of wetlands offset of 50' , septic offset of 35' and sideline offset of 30' makes it difficult to locate a hawse of t e lot The-area adjacent to the proposed house on Lot 13 cannot be built upon �f-- wetland offset Therefore, the variance, if granrPd 11 nnfi rause the house to be in close proximity of and lot construction on lot 13. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE ACCEPTED OR HEARD AT THE PUBLIC HEARING. Name of Applicant (s) (Print) S 4igrRa 5tu Mre-1 of App Rev. 10/95 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: R _ - 2 Required Setback. Existing Setback Relief or Area or Area Requested Lot Dimension Area 43, 560 43, 560 - Street Frontage 150' 40 ' 133 ' _ Front Setback Side Setback(s) 50 - 30 ' 5 ' 25 ' Rear Setback 30 ' 215 ' Special Permit Request: D.E`,C.M• C/O AL COUILLARD 6 6 o ROGERS ST I.OWBLL, MA 01852 I AtPI'HORI zE THOMAS , LOSCO TO PURSUS A VARIANCE FOR smE SST BACK REQUIREMENTS AT LOT14 , EVERGREEN ESTATES , op SIGNED r-- AL C OU I LLARD, ENT FOR r .E.C.M DATE RECORD OWNER, E'V'ERGREEN ESTATES Parties of Interest Map 1068, Lots 41 28 "k UiSi CITY MAP NAME 6B/1 Michael & Deborah Fried1535 Salem St. No. Andover, MA 01845 ✓ 1557 Salem St- No.. Andover MA 01848 _ 6B/2 ,.,' Donald �& Bernadette tE 1 Deadder 100 CAMBRIDGE ST RM 1905 06B/214,24 MR. NICK vONTZALIDES" MA DEPT ENV NGT BOSTON MA 02202 06B/26- Thaddeus & Lucyna Mateja 1607 Salem St. No. Andover, MA 01845 43 83 84 George & Wanda Farr 216. Releigh Tavern Lane No. Andover, MA 01845 ;06B/2 / , ,Q68/3 Lauren Rough Y1565 Salem St. No. Andover, MA` 01845 06B/4• Jeffrey,& Susan Green J 1577 Salem St. No. Andover, MA 01845 L06B� �5 Richard a Marianne 1589 Salem St. No. Andover, MA 01845 Galeazzi K.rt �PS R0_1ph + k.ym... .f. No. .Andover, MA 01845 . AlaYntl�eryw..Yaa 16Q1 Salem St. 1068/6' James e 1 .01 06B/80 ' George Bias 'c/o 'Margarete One Ronson Rd. Islip, NY 08830 8anlo 1631 Salem St. No. Andover, MA 01845 1068/81" Paul & A,lize Aloskyr 1068/82' Ian' & Denise Danis 1641 Salem St. No. Andover, I4A 01845 100 CAMBRIDGE ST ' R3: 1905 106D/15,14, 13,2 MR. NICK vONTZALIDES MA DEPT ENV MGT BOSTON MA 02202 Sof � f�`� ' 1�rNSf. oto- Alvpovr pow jjlad ,�,¢�eru S+ Na- -h1Tw�-tY Nl -� Ot ��S " IOce �6r2ca 310 CMR 10.99 ' Form a DEP Fate Na 242-799-� ` rfo oe oroviaed by OEP) — — City Lown • North Andover _ = .7 Commonwealth Aaoacant of Massachusetts Christiansen & Sergi, Inc. • — — Lot 14, Beaver Brook Road Certificate of Compliance Massachusetts Wetlands Protection Act, C.L. C. 131 , §40 Frorn North Andover Conservation Commission Issuing Authority 160 Summer Street To Christiansen & Sergi Haverhill, MA 01830 (Name) (Address) Date at Issuance November 5, 1997 This Certificate is issued for work regulated by an Order of Conditions issued to Thomas Losco dated 4/19/96 and issued by the NACC It is hereby certified that the work regulated by the above-referenced Orcer of Conditions has been•satisfactorily completed. 2. ❑ It is hereby certified that only the following portions of the work regulated by the above- refer-enced Oraer of Conditions have been satistactorily completed: (If the Certificate of Compiiance does not include the entire project:specify what portions are included.) Q It is hereby certified that the,work regufatedby the above-referenced Orcer of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longervaiid. No future work subject to regulation unser the Act maybe commenced without filing a new Notice cf intent anc receiving a new Order of Conditions.' ........................................................................... (Leave Soace Blank) s•1 ' 4. D 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 6/24/96 {date) at the Registry of Deeds, North Essex , Book , Page Instrument #15873 5, Q 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.) Issued by Forth Anov r anservation Commission Signature(s) 14 (21 F,_A/J A LWhen issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 5th day of November . 19 97 , before me personally appeared Joseph W. Lynch, Jr. , to me known to be the person described in and who executed the foregoing instrument and acknowledged that hershe executed the same as his/her free act and deed. Notary Public My commission expires Detach on dotted line and submit to the 7o NACC Issuing Authority Please be advised that the Certificate of Comottance for the protect at. File Number 242— Mas beenrec=edatthe Regmwyot Deeds, Northern Essex and rias been notea in the matin of title of the allected Voceny an t 9 it.reccroed ianc.me instrument numoet wncn ioenuues taus transacuon is tt regtsterea tans.me cocurrment number wn=icenattes tris cansacuon is W 136f, 242-799 Lot 14 Beaver Brook Road Evergreen Estates Town of North Andover ✓�i P NORTM OFFICE OF �/7 a 3?0`` a D o L COMMUNITY DEVELOPMENT AND SERVICES41 p 146 Main Street rD North Andover,Massachusetts 01845 �9 Dq,TlDN••°�� SSACHUS� MINOR MODIFICATION TO ORDER OF CONDITIONS File No. 242-799 Projects Lot 14 Beaver Brook Road` Evergreen Estates The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on July 10, 1996 , agreed to accept Plan dated February 22, 1996, revised 3/22/96, 6/27/96 entitled "Site Plan of Land located at Lot 14 Evergreen Estates in North Andover, prepared for Thomas Losco" as drawn by Christiansen & Sergi , as a Modification to the Order of Conditions issued in file #` 242- 799 dated April 19, 1996 and recorded as Instrument #15873 on June 24, 1996. and recorded in Book # and Page' # Issued by the NORTH ANDON R ONSE NATION COMMISSION: 71 -1�,Af�1� On this 10th day of July 1996 , before me personally appeared -J0se10h W, 4y/7oh, fir"• , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/gA4 executed the same as his/Wif free act and deed. i March 22, 2002 Aotary/APu,�Aic& Donna Mae D'Agata My Commission Expires A receipt from the Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the Book and Page numbers where the original Order 242- 799 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688=9540 PLANNING 688-9535 ♦ &0 �✓I�*` �d�,,:�aar. RrN�i"�. 3rT;F :' .I 310 CMR 10.99 !4m Forma DEP Fib No. f w242-799 •,��• (to De-awKSM try DEt't City,y own North Andover 1 of Massachusetts �ool�caThomas. Losco fit =' = Lot 14 Beaver Brook Road Evergreen Estates ' '♦ 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 COMMISSION Al Coulliard To Thomas Losco DECM (Name of Applicant) (Baine of property owner) 152 Patrick Road 660 Rogers Street Address Tewksbury MA 01876 Address- Lowell MA 01852 This Order is issued and delivered as follows: 0 by hand delivery to applicant or representative on (dale) XIXApril 19, 1996 (date) by certified mail, return receipt requested on ' This project is located at Lot 14 Beaver Brook Road/Evergreen Estates The property is recorded at the Registry of NarrhP ro r•gcwx Book .1087 & 2901 Page 31.4 & 13 Certificate (if registered) -- - The Notice of Intent for this project was filed on March 5, 1996 (date) The public hearing was closed on April 17, 1996 (date) Findings The North Andover Conservation Commission has reviewed tine above-relerenced Notice of Intent and plans and has held a public hearing on the protect..Based on the information avallaale tc Ude NACC at this time, the _11A _ has deterrnrrted that the area on which the pr000sed work is to be done is significant to lite foUo%ving interests in accorall"Ce v,ith the Presumptions of SignificaLtce Ste( orth in the regulations :or each Area Subject to Protenipji Ander tyre c:n17� � Recreation Act (check as appropriate): Ch:178: Prevention of Erosion & Sedimentation Ch.178 / Wildlife [2 Pubiic water supply ® Flood control C Gard containing shellfish 2 Private water supply © Storm damage prevention ® Fisheries ® Ground water supply, Q Prevention of pollution 5d Protection of wildlile habitat Total Filing Fee Submitted $250.00 State Share112.5Q _------ City(Town Share 37.50 (?�_ ler, in r�xccss of S.'.I) Total Refund Due S CitylTown Portion S State Portiort S (1/z total) (112 total) FIfective 11/10/89 5-1 t DEP FILE #242 - 799 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(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 7. The proposed work includes: Construction of a single family dwelling, driveway,and associated grading within the 100'Buffer Zone of a Bordering Vegetated Wetland (BVW). 8. 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: Mr.Thomas Losco DATED 3/5/96 CAWinword\00C\242-799.doc 1 NACC 4/9/96 DEP FILE #242- 799 Plans Prepared By: Christiansen&Sergi entitled"Site Plan of Land-Lot 14 Evergreen Estates" dated REV 3/26. 9. The following wetland resource areas is affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland(BVVI). This resource area 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 REV 3/22/96. 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 the upland areas and buffer zone proposed on this site to construct a single family home will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent(NOD and approved herein, a twenty five foot(25') No-Disturbance Zone and a fifty foot (501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. THE NATURAL RESOURCFA AND USE PLANNER ANDjOR 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 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. CAWinword\00C\242-799.doc 2 NACC 4/9/96 DEP FILE # 242 - 799 15. This Order of Conditions is issued in addition to those issued under File No. 743. 16. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CETAIN PORTIONS OF THE PROPERTY WILL NOT BE QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e). 17. The NACC shallbenotified in writing of any lot or number changes with a copy of a plan showing these changes prior to any work on these lots. PRIOR TO CONSTRUCTION 18. 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. 19. 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. 20. 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 242-799' 21. 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 C:\Winword\00C\242-799.doc 3 NACC 4/9/96 DEP FILE # 242 - 799 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. 22. 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. 23. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 24. 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. 25. 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 approved plans 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. 26. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifteen (15)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. 27. 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 CAWinword\00C\242-799.doc 4 NACC 4/9/96 DEP FILE # 242 799 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 28. Upon beginning work, the applicant shall submit written progress reports every two (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. 29. 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. 30. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 31. 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. 32. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 33. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area: 34. 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. 35. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 36. 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 resourceP rotection measures. CAWinword\00C\242-799.doc 5 NACC 4/9/96 . DEP FILE #242- 799 37. 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 38. 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. 39. 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. 40. 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. 41. Upon completion of the project, the applicant shall submit aletter to the NACC from a Registered Professional Civil Engineer and Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO-DISTURBANCE/NO-BUILD" zones. -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) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and approved decks; CAWinword\00C\242-799.doc 6 NACC 4/9/96 DEP FILE #242- 799 c) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; d Location tion o fall subsurface utilities entering the property; e) Location of existing erosion controls; Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessor's map/parcel number for the project; d) The DEP file number; e) A statement certifying compliance with the Order of Conditions and approved plans. 47. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 13) 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC(refer to Section XI(page 18) of the Regulations for performance standards within these zones)The Natural Resource/Land Use Planner and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw; 14) Maintenance of catch basins; 37) Discharge of spillage of pollutants; 38) Prohibition of storage of fuels underground; 39) Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-799.doc 7 NACC 4/9/96 f Evergreen Estates, Lot 14 Beaver Brook Road 242- p9 Issued By North And r Conservation Commission Signature! ,f This Order must be signed by a maiority he Conservation Commission. On this-17th day:of April 19 9,6 before me personally appeared George L. Reich to me known to be the person described in and who executed the foregoing instrument and acknowledged that he.iddexecuted the same as his/hh( free act and deed. xia4w-D l �Z& March 22, 2002 Notary Public Donna Mae D'Agata My commission expires The aooticant,the owner.any person aggneved by this Order,any owner of land abutting the land upon which the oroocsea work is to be aone.or any ten residents at the city or town in which such land is located.are hereby notified of their right to recuest the Department of Environmental Protection to issue a Superseding Order,providing the reouest is made by certified mail or hand delivery to the Oeoanment. with the appropriate tiling fee and Fee Transmittal Form as provided in 310 CMR 10.030.within ten days from the date of issuance of this Determination.A copy of the request shall at the same time tie 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. A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING THAT THIS ORDER OF CONDITIOXS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. 120 Main Street, No Andover MA 01845................................................. ................................................. ........ .......... ...... .......T .... ... . To North Andover Conservation Commission !ssa:ng Autnonty Please be advised that the Order of Conditions for the protect at Fver;;reen Estates Lot 14 BPavar Rrnnlr l?r1_ Fite Numaer 242—r/2etas been recorded at the Reatsty of Deeds Essex North District ono has peen notes in the chain of tate of the atfectea orooerry in accordance with General Condition8 on t 9 It recorded land. the instrument number wnicn identifies this transaction is It registered land. the document number which identifies this transaction is Acciican, Sicnature 5j'4A: I - 3?0 CMR 10,99 top lal . Fori'n 5 DEP F;b No. f 242_799 i t (to too awKjoa try UE111 North Andover - f •-=- - - Commonwealth city tow.. — = of Massachusetts Ay 1i nt Thomas• Losco op Lot 14 Beaver Brook Road 1' Evergreen Estates 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 C01*1ISSI0N Al Coulliard To Thomas Losco DECM (Name of Applicant) 114ame of property owner) 152 Patrick Road 660 Rogers Street Address Tewksbury MA 01876 Address Lill MA 0I852 This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) XIX by certified mail, return receipt requested on April 19, 1996 (date) This project is located at Lot 14 Beaver Brook Road/Everergen Egtates The property is recorded at the Registry of Nnrt'liern rs<ax Book 1087 & 2901 Page 314 & 13 Certificate (if registered) ---- -------- The Notice of Intent for this project was filed on March 5, 1996 (date) The public hearing was closed on April 17, 1996 (date) Findings North Andover eren Notice of • The d er Conservation Commission has reviewed the abov_ ret. ced Intent and plans and has held a public hearing on the project. Based on the information ava+laole to the NACC at this time, the _-.�10tIL' has delerrntrred that the area on which the proposed work in to be done is significant to iiie following interests in accordance v.ith the Presumptions of S1.�}t� tion Significa ce orth in the re ulatlons for each Area Subject to Protectigli Under the t�h. Act(check as appropriate): Ch.178: -4Recrea .2!C Prevention of Erosion & Sedimentation Ch.178 Wildlife 2 Pubic water supply ® Flood control 0 land containing shellfish ® Private water supply Storm damage prevention (O Fisheries ® Ground water supply Prevention of pollution Gd Protection of wildlife habitat - Total Filing Fee Submitted $250.00 State Share _ $II2,_. Q City/Town Share •50 (+!: (erg in r�xcass of S#2530 Total Refund Due S City(Town Portion S State Portion S (+iz total) (Yz total) rii..�•...� , , i.neon 5•t r �,C� 1O I, DEP FILE #242 - 799 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(DEP)is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department 7. The proposed work includes: Construction of a single family dwelling, driveway, and associated grading within the 100'Buffer Zone of a Bordering Vegetated Wetland(BVW). 8. 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: Mr.Thomas Losco DATED CAWinword\00C\242-799.doc 1 NACC 4/9/96 DEP FILE # 242.- 799 Plans Prepared By: Christiansen&c Sergi entitled"Site Plan of Land-Lot 14 Evergreen Estates" dated REV 3/22/96. 9, The following wetland resource areas is affected by the proposed work Buffer Zone to Bordering Vegetated Wetland (BVM. This resource area 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 REV 3/22/96. 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 the upland areas and buffer zone proposed on this site to construct a single family home will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent(NOI) and approved herein, a twenty five foot(251 No-Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. THE NATURAL RESOURCFJI AND USE PLANNER 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 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. CAWin' w ord100C1242-799.doc 2 NACC 419/96 DEP FILE # 242 - 799 15. This Order of Conditions is issued in addition to those issued under File No. 743. 16. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CETAIN PORTIONS OF THE PROPERTY WILL NOT BE QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e). 17.The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lois. PRIOR TO CONSTRUCTION 18. 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. 19. 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 format the end of this Order prior to commencement of the work. 20.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 242-799". 21. 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 b3' 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 CAWinword\00C\242-799.doc 3 NACC 4/9/96 DEP FILE #242 - 799 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. 22. 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. 23. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 24. 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. 25. 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 approved plans 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. 26.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifteen(15) 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. 27. 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 CAWinword\00C\242-799.doc 4 NACC 4/9!96 DEP FILE #242 - 799 may propose a bond release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. DURING CONSTRUCTION 28. Upon beginning work, the applicant shall submit written progress reports every two (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. 29. 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, 30. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 31. 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 32. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 33. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 34. 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. 35. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 36. 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. CAWin%Drd\000\242-799.doe 5 NACC 4/9/96 DEP FILE # 242 - 799 37. 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 38. 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. 39. 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. 40. 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. 41. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer and Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved "NO-DISTURBANCE/NO-BUILD" zones. A stamped'AAs-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) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and approved decks; CAWinword\00C\242-799.doc 6 NACC 4/9/96 DEP FILE #242 - 799 c) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; d) Location of all subsurface utilities entering property; the ro rty e) Location of existing erosion controls; Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessor's map/parcel number for the project-, d) The DEP file number; e) A statement certifying compliance with the Order of Conditions and approved plans. 47. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project 13) 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC(refer to Section XI(page 18) of the Regulations for performance standards within these zones)The Natural Resource/Land Use Planner and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; 14) Maintenance of catch basins; 37) Discharge of spillage of pollutants 38) Prohibition of storage of fuels underground; 39) Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-799.doc 7 NACC 4/9/96 Evergreen Estates, Lot 14 Beaver Brook Road 242- 7 9 9 Issued By North And r Conservation Commission Signature( ':1111111Z?�14 OR l���F�t�'l"��.�,Q• � Com,, This Order must be signed by a majority cif the Conservation Commission. On this 17th day of April 19 96 ,before me personally appeared George L. Reich to me known to be the person described in and who executed the foregoing instrument and acknowledged that he.idwexecuted the same as hislh, t free act and deed. `i ��/ March 22, 2002 jo &' -Z'�f Notary Public Donna Mae D'Agata I My commission expires The aapiicant.the owner.any person aggneved by this Order,any owner of land abutting the land upon which the propesed work is to be done.or any ten residents of the city or town in which sucn land is located.are hereby notified of their right to rettuest the Department of Environmental Protection to issue a superseding Order,providing ins request is rhade by certified mail or hand celivery to the Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMA 10.03(7).within ten days from me date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand cefrvery 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. A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS. Detach on dotted line and submit to the North Andover CMervati on Comm, prior to commencement of work. ............................................................ 120.Main_Street wro.�:..,,Andover..:' ..01$45... ................................ . To North Andover Conservation Commission tssu:.igtiutnonty Please be advised that the Order of Conditions for trio protect at Evergreen Estates, Tot 14 Reaver grank RA ;:-le Numoer 242-!Z2 _nas been recorded at the Registry of Deeds Essex North District ,1nd Mas seen noted in ins cnain of tine of the attectee orocerty in accordance with General Condition 8 on 19 It recorded land. the instrument numoer wrucn identifies 11115 W211132=00 13 It registerea land. the document number which identifies this transaction rs Sicna:ure 5.44 ';Zecei ved by Town Clerk RECEIVE FORM A JOYCE BRADSHAW TOWN OLERK APPLICATION FOR ENDORSEMENT OF PLORTH ANDOVER BELIEVED NOT TO REQUIRE APPROVAhO 1 48 Fri ' /a-- 19 S,G To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private way , namely , , being land bounded as follows Gig ,:f-,2red /Ud)z7 t cie L 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons / r C D7 S 4-601 3 . Title reference North Essex Deeds , Book .._; Page >_25, or Certificate of Title No . Registration Book Page p I" t s natur Owner' s signature and address if not the applicant : Appli ant ' s Adress : A /9+✓ro: Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARt By : Date : I I �ecei ved by Town Cl er',, FORM A AW Olt APPLICATION FOR ENDORSEMENT OF PLAN ;}, R BELIEVED NOT TO REQUIRE APPROVAL 19 SL To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it " under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private way, namely , C/ry C<22�ux- m- ' , _being land bounded as follow s : Zo, i !�v e 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons: 1 _ 3 . Title reference North Essex Deeds , Book I& ok _, Page 2-2-L or Certificate of Title No , Registration Book Page plica t s atur Owner' s signature and address if not the applicant : Appli nt ' s Adress : Cho ` ., C'7 ���="o�,. Received by Town Clerk : ao R �iv�o �w Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The N h Andover Planning d has determined said plan s ws a subdivision , as efined G . L . c . 41 s . 81-L , and ust therefore be re- bmitted to 1 for ap oval under t e Subdivision Control Law . Very truly yours , NORTH ANDOVEP PLANNING BOARL By : I, Date :