HomeMy WebLinkAboutMiscellaneous - 165 BRIDLE PATH p�ORTM 1
Town of North Andover4,
of
Office of the Planning Department
CommunityDevelopment and Services Division *; ...�:. ,>
P � 4 . ra, 5
400 Osgood Street ae�s
North Andover,Massachusetts 01845
hu:l/www.townofrtorthandover.com P (978)W4535
Town Planner F (9'78)688=4542
:Pt" 2 it `s 1
NOTICE OF DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk
Date: March 16,2005
Date of Hearing: March 1, 2005
Date of Decision: March 15, 2005
Petition of: Gabrielle Schmitt,165 Bridle Path,North Andover,MA 01845
Premises Affected: 165 Bridle Path,North Andover,MA 01845,within the R-1 Zoning
District,As ors Map 1040,Lot 86.
Referring to the above petition for a Watershed Special Permit from the requirements of the North
Andover Zoning Bylaw, Section 4.136(4).
So as to allow: for a small addition of 795 sq. ft. of living space (410 sq. ft. of additional
impervious surface)to the existing single-family residential home in the Nan-Disturbance Zone
of the Watershed Protection District.
After a public hearing given on the above date,the Planning Board voted to APPROVE the Special
Permit for the Watershed Protection District,based upon the following conditions:
Signed .rte
Lincoln aley, To lanner
for the North Andover Planning Board:
Alberto Angles, Chairman
George White,Vice Chairman
John Simons
Richard Nardella
James Phinney, Associate Member
cc: applicant
engineer
abutters
Town Departments
165 Bridle Path decision
March15,2005
Pd&A D OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
165 Bridle Path
Watershed Special Permit
The Planning Board makes the following findings regarding the applications of Gabrielle Schmitt, 165 Bridle
Path, North Andover, MA 01845, application dated January 26, 2005,requesting a Watershed Special Permit
under Section 4.136(4) of the North Andover Zoning Bylaw to allow for a small addition of 795 s.f. (410 s.f
of additional to impervious surface)to the existing single family residential home in the Non-disturbance Zone
of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria,are met Specifically the Planning Board makes the following finds:
1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
Board bases this finding on the following facts:
a) The existing dwelling is connecled to the Town sewer system.
b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary to construct the proposed addition.
e) Certification has been provided by a registered professional engineer that the addition will not have an
effect on the quality or quantity of runoff entering the watershed protection district
f) The construction has been reviewed by the Town's Engineer and with the application of the erosion
control and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity
of water in or entering Lake Cochichewick or any wetlands.
2. There is no reasonable alternative location outside the Non-Disturbance Zone 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:
L The specific site is an appropriate location for the proposed use as all feasible stem 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 zone;
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 existing lot does not meet the minimum lot area requirements for a lot within the R-1 District as shown in
Table 2 of the North Andover Zoning By-laws, but per Section 9.1 of the Bylaw, when a pre-existing
structure has been made noxi-co&miing due to changes in the lot size required by flus bylaw, such
structure may be extended or altered based on a finding by the Zoning Enforcement Officer that such
structure after the change meets all current zoning requirements except for lot size.
6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
165 Bridle Path decision
March 15,2005
Page 2
Upon reaching the above findings, the Planning Board approves this Watershed Special Permit based upon the
following SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as
part of this decision:
a) Plan titled: Site Plan#165 Bridle Path,North Andover,MASS.
Prepared for: Gabrielle Schmitt
Prepared by: Andover Consultants Inc.
I East River Place
Methuen,MA 08144
Scale: 1"=20'
Date: January 26,2005
The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the
Town Planner would require a public hearing and modification by the Planning Board.
2) Prior to issuance of a building permit:
a) A performance guarantee of$1,000.00 dollars in the form of a check made out to the Town of North
Andover must be posted to insure that construction will take place m accordance with the plans and the
conditions of this decision and to ensure that the as-built plans will be submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner.
c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. 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.
3) 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 mitigation trenches 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
per-
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan
4) In no instance shall the applicanfs pressed construction be allowed to further impact the site other than as
proposed on the plan referenced in Condition#1.
5) No open burning shall be done except as is permitted during burning season under the Fire int
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be,binding upon the applicant, its employees
and all successors and assigns in interest or control.
8) This Watershed Special Permit shall be deemed to have lapsed on March 15, 2007 (two years frtn the date
permit granted)unless substantial use or construction has commenced.
mi/desk"l65BridlePathwatershed
165 Bridle Path decision
March 15,2005
Page 3
Town of North Andover Planning Board
Application for Watershed Special Permit
Please type or print clearly. _ k
1. Petitioner: Gabrielle Schmitt
Petitioner's Ad dress: 165 Bridle Path, North Andover, MA 01845
Telephone number: 978-689-
2.
78-689-2. Owners of the Land: m as abo e
Address:
Number of years of ownership: 2 8 ear s
3. Year lot was created: 1976
4. Is the lot currently on septic or sewer? sewer
If on sewer,please provide date the sewer connection was completed:�Toyember 9, 2000
5. Description of Proposed Project: Construction of an addition to a
single family dwelling within the non-disturbance
zone and 100 feet of a wetland resource area.
6. Description of Premises: An existing single family, dwelling
the R-1 zoning district.
located on an existing lot4ftn The existing lot was created prior to October 24, 1994.
7. Address of Property Being Affected 1 6 5 u Y i P Path
Zoning District: R-1 Lot#_8 6
Assessors: Map'--LQA-,C------ Page#: 11
Registry of Deeds: Book#: 2 a 7 8--
g
8. Existing Lot:
Lot Area(Sq.Ft) � -a 9 Acres BuildingHeight 2 8 ' +/-
Street Frontage: 190 -P t. Side Setbacks:_ 32 JJ--
Front
t.Front Setback: 139 F t. Rear Setback: 164 f t.
Floor Area Ratio: 0.47: 1 Lot Coverage:
9. Proposed Lot(if applicable): 2 g +�_
Lot Area(Sq.Ft) 1 . 19 Acres Building Height
Street Frontage: 19 0 F t. Side Setbacks:
Front Setback: 138-Ft. Rear Setback: 164 F t.
Floor Area Ratio: 0,0 Lot Coverage: 0.04: 1
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 87, 120 SF Building Height 35 Ft.
Street Frontage: 175 Ft. Side Setbacks: 30 Ft.
Front Setback: 30 F t. Rear Setback: 30 Ft.
Floor Area Ratio: N/A Lot Coverage: N/A
11. Existing Building(if applicable):
Ground Floor(Sq.Ft) 2 , 22o 9F #of Floors: 2
Total Sq.Ft. 4,020 SF Height: 281
Use: Residential Type of Construction wood f came
12. Proposed Building: Addition
Ground Floor(Sq.Ft) 410 S F #of Floors: 2
Total Sq.Ft. 795 S F Height: 281 +/—
Use: Type of Construction Wood frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? N o If so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit Is Being
Requested 4. 13 6 .3 C. i i (6)
15. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. 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 Clerk or Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard
of this application as incomplete.
Petitioner's Signature:
Print or type name here: Gabrielle Schmitt
Owner's Signature: cy
Print or type name here: Gabrielle Schmitt
16. Please list title of plans and documents you will be attaching to this application.
Construction of Addition at 165 Bridal Path,North Andover
Reference: Plan dated 01/26/05,prepared by Andover Consultants Inc
PROJECT DESCRIPTION
The Applicant proposes to construct an addition to an existing single-family dwelling within
the non-disturbance zone of a wetland resource area(non-bordering isolated wetland)within
the Lake Cochichewick Watershed Protection District. The applicant has obtained an Order
of Conditions from the Conservation Commission for the proposed work.
The addition will be attached to the back of the existing dwelling and has a gross floor area
which totals less than 25%of the existing dwellings gross floor area. There is no new
pavement proposed onsite. The existing dwelling is serviced by town sewer. Erosion control
will be provided to ensure protection of the wetland. An existing buried fuel tank will be
removed from the property. The project does not require filing with the Department of
Environmental Protection. Since the adjacent wetland is isolated and not regulated by the
Wetlands Protection Act.
GENERAL REQUIREMENTS TO BE MET FOR OBTAINING A
SPECIAL PERMIT
1. Encouraging the most appropriate use of land: By attaching the addition to the rear
side of the dwelling, it enables the addition to be placed in an existing grass area
requiring no further clearing of trees or other dense vegetation.
2. Preventing overcrowding of land: The proposed addition does not create
overcrowding of land.
3. Conserving the value of land and buildings: The proposed addition should increase
the value of the land and dwelling.
4. Lessening congestion of traffic: The proposed addition will not generate more traffic.
5. Preventing undue concentration of population: The proposed addition is an extension
of a single-family dwelling. Further concentration of population is not expected.
6. Providing adequate light and air: Does not pertain to this application.
7. The proposed addition does not propose additional hazards from fire or other dangers.
8. Assisting in the economical provision of transportation,water, sewerage, schools,
parks, and other public facilities: Does not pertain to this application.
9. Controlling the use of bodies of water, including watercourses: Does not pertain to
this application.
10. Reducing the probability of losses resulting from floods: Does not pertain to this
application.
11. Reserving and increasing the amenities of the town: Does not pertain to this
application.
1
Andover Consultants Inc. Phone: (978) 687-3828
1 East River Place Fax: (978) 686-5100
Methuen, MA 01844
STATEMENT OF WATER QUALITY IMPACT
Water
quality ipacts associated with this project include the following:'
•
1. Construction activity-Erosion control will be installed prior to the start of
construction and remain in-place throughout construction. Erosion control measures
include the installation of haybales and siltation fencing as identified on the above
referenced plan. Additional haybales will be kept onsite for emergency use.
2. Nitrogen and Phosphorus loading- The use of low nitrogen fertilizers and the limited
use of pesticides will reduce potential chemical loadings. In addition, overland flow
will help reduce nutrient loading into the adjacent wetlands. There is no active
subsurface disposal systems located on this site.
3. Groundwater contamination due to subsurface sewage disposal systems-The existing
dwelling is connected to the public sewer system.
4. Stormwater runoff generated from the rooftop of the proposed addition will be
infiltrated into the ground through overland flow across grassed area within the non-
disturbance zone.
If followed properly,the above applications should assure that the water quality associated
with the Lake Cochichewick Watershed Protection District will not be adversely impacted by
the construction of an addition to 165 Bridal Path in North Andover.
ALTERNATIVE PROJECT LOCATION
The proposed building addition will be used by the homeowner for additional living space.
The proposed addition is placed in a position that fits well with the layout of the existing
dwelling. There is no alternative location for the addition that will provide less impact to the
non-disturbance zone.
�H M
JOSEPH P.
BURKE
CIVIL
10 NoI39M
2
Andover Consultants Inc. Phone: (978)687-3828
1 East River Place Fax: 978 686-5100
Methuen, MA 01844
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subiect Property:
MAP PARCEL Name Address
104.0 86 Gabrielle Schmitt 165 Bridle Path,North Andover MA 01845
Abuffers Properties
Map Parcel Name Address
Map Parcel Name Address
104.0 85 Kathleen Ercolini 195 Bridle Path,North Andover MA 01845
104.0 87 Thomas Mitro 145 Bridle Path,North Andover MA 01845
104.0 88 Kimberlee Chaston 127 Bridle Path,North Andover,MA 01845
104.0 89 Loren Carlson 117 Bridle Path,North Andover MA 01845
104.0 90 Thomas Greaves 103 Bridle Path,North Andover MA 01845
104.0 79 Harry Dow 200 Bridle Path,North Andover MA 01845
104.0 78 B&R Const 38 Monterio Way,North Andover MA 01845
104.0 77 Kevin Merli 172 Bridle Path,North Andover MA 01845
104.0 76 Patrick Morgan 160 Bridle Path,North Andover MA 01845
104.0 75 Linda Weeks 148 Bridle Path,North Andover MA 01845
104.0 74 Stephen Lopilato 136 Bridle Path,North Andover MA 01845
104.0 73 William Orlansky 124 Bridle Path,North Andover MA 01845
64 35 Denis Dragonas 109 Brentwood Cir.North Andover MA 01845
64 36 Richard R.Blain 123 Brentwoon Cir.North Andover MA 01845
64 37 Alden Lincoln 135 Brentwood Cir.North Andover MA 01845
64 38 David Fournier 15 Timber Ln.North Andover MA 01845
64 2 Connie Yee 137 Brentwood Cir.North Andover MA 01845
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by' Date /o0y
t r
Massachusetts Department of Environmental Protection DEP File Number:
�-- Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: From: North Andover
When filling 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Gabrielle Schmitt
use the return a. First Name b.Last Name c.Company
key. 165 Bridle Path
d.Mailing Address
rah North Andover MA. 01845
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:
165 Bridle Path North Andover
a. Street Address b.City/Town
Map 210 Block 1046 Lot 86
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-45-31 71-15-26
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)
2478 11
c. Book d.Page
7. Dates: 11/4/04 12/8/04 12/27/04
a. Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Existing Conditions Plan& Proposed Improvement Plan
a. Plan Title
Andover Consultants,Inc. Joseph P. Burke, P. E.
b. Prepared By c.Signed and Stamped by
11/4/04 1" = 20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $ 105.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.12/23/04 Page 1 of 9
7
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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. ® 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)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
s. ❑ 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.12/1/04 Page 2 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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. ❑ RlVerfront area a.total sq.feet b.total sq.feet.
Sq ft within 100 ft c.square feet d.square feet
Sq ft between 100-200 ft 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.Gy nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes
a.square feet b.square feet c.c/y 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. ❑ 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. F1 Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc- rev.1211/04 Page 3 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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, WA DEP"]
"File Number NACC# 17 "
wpaform5.doc• rev.12/1104 Page 4 of 9
Massachusetts Department of Environmental Protection DEP File Number:
L7 Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.1211104 Page 5 of 9
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
2. ❑ 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.
s. ® 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:
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NACC #17
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary; in accordance with the Performance
Standards set forth in the local Bylaw and Regulations,to protect those interests noted above.
The NACC orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following conditions
modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC, agent of the NACC or reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate compliance with
this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland Bylaw
and Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or information
deemed necessary by the NACC for that evaluation. Further,work shall be halted on the
site if the NACC agent 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 #17.
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NACC #17
25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assignsin interest or control. These obligations shall
g
be expressed in covenants in all deeds to succeeding owners of portions of the property.
26. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
27. The proposed work includes: Construction of a 42'x10' addition to an existing
single-family dwelling within the buffer zone to an Isolated Vegetated Wetland (IVV I),
jurisdictional under the North Andover Wetlands Protection Bylaw only.
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: Gabrielle Schmitt (Applicant)
165 Bridle Path
North Andover,MA 01845
Dated November 4,2004.
Site Plans and NOI
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen,MA 01844
Site plans entitled, "Existing Conditions Plan",
Sheet 1, dated November 4,2004, and "Proposed
Improvements Plan", dated November 4,2004.
Signed &stamped by Joseph P. Burke,PE.
Other Record Documents: Letter from Donald F. Borenstein,Esq., dated November
17,2004;
Letter from Donald F. Borenstein,Esq., dated December
6,2004;
Site Inspection Report written by Alison E. McKay,North
Andover Conservation Administrator, dated December 2,
2004.
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 Act and Town Bylaw as noted above and therein. The applicant has not attempted
j to overcome the presumption of significance of these resource areas to the identified
interests.
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30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot(25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
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. 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
34. 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 Court have
been completed.
35. 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.
36. 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 File #17."
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NACC #17
37. 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.
38. 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.
39. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including installation of
sedimentation/erosion control devices and re-vegetation to be completed before other
work begins on-site.
40. 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 anytime. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
41. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with three (3) signs or markers spaced evenly every 20 feet
incorporating the following text; "Protected Wetland Resource Area". This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
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
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NACC#17
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
imposeose additional conditions on portions of this project to mitigate an
impacts which
result from site erosion or an noticeable degradation of
surface water quality
could res q Y
Y �'
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
$1,500,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
45. The applicant shall designate a qualified wetland scientist as the project's "Erosion
Control Monitor" (ECM)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 ECM
will be required to inspect all such devices and oversee cleaning and the proper disposal
of waste products. Cleaning shall include removal of any entrapped silt. At least ONCE
during each week in which construction activities occurs on-site and for as long thereafter
as ground remains unstabilized,the applicant shall submit a written report from the
"Erosion Control Monitor"to the NACC certifying that,to the best of his/her
knowledge and belief.based on a careful site inspection,all work is being performed in
compliance with this Order of Conditions and that approved setbacks are being
adhered to. The erosion control monitor must visually inspect all sedimentation/erosion
control measures and assume responsibility for their maintenance on a weekly basis and
that they are functioning as intended. In addition, all wetland resource areas must be
visually inspected for siltation, turbidity, and/or other water quality impacts.
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NACC#17
46. 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 the
closing of said land transaction.
47. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer,wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
48. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
49. 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.
50. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
�I
51. Water quality down gradient of IVW shall not differ significantly following completion of
the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
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NACC #17
52. De-watering activities anticipated shall be supervised and witnessed by the designated
Erosion Control Monitor (ECM). This designee must be on-site while work specific to de-
watering activities are occurring and until complete. Activities shall be monitored daily
by the ECM 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 under the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a resource area.
53. 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.
54. 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 1gt 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.
55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or
biodegradable matting.
56. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any
resource area.
57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
58. 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
g P
r
allowed within 50 of areas subject to
dumpsters will be a ) Protection under the Act o
local Bylaw.
59. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
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NACC #17
wetland resource areas, and no vehicle refueling, equipment lubrication,or maintenance
is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
60. No underground storage of fuel oils shall be allowed on any lot within one hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions and
shall run with the title of the property. This condition is issued under the authority of the
Towns Wetland protection Bylaw.
61. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25-feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
62. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either
by loaming and seeding according to SCS standards. If the latter course is chosen,
stabilization will be considered complete once vegetative cover has been achieved.
63. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
64. 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 NACC file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
e Commonwealth certifying that the
>< 1 Land Surveyor) of the g
Registered Professional y ) uY
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:
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NACC #17
➢ Distances from structures to wetland resource areas. Structures include(but
are not limited to) septic systems, additions,fences, sheds, stonewalls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aRy disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
65. 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;
➢ Discharge or spillage of pollutants (Condition# 59);
➢ Prohibition of underground fuels (Condition#60);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#61).
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NACC #17
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)
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special v A 7�0
condition pursuant to General Conditions#4, from the date of issuance. 1. Date o Issud nce
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 Regional Offic , if not filing electronically, and the prope r, if different
from applicant.Signatures-Ile, c
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this o1a of Te!cC-4" t a� y
Day Month Year
Before me, the undersigned Notary Public, ��t+ / n C C P
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
DONNA M.WEDGE
NOTARY PUBLIC S nature of Notary Public
1 COMMOINIFAIJHOFMAS&ACHUSEfi3 ul iL/CT�"i
My Comm.Expku Aug.7,2= D/of e2 a )0--
-
Prin ed Name of Notary Public
Place notary seal and/or any stamp above My commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on dby certified mail, return receipt requested,on
IJL
��
Date Date 1
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 17
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
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.
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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# 17
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
i
Signature of Applicant
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