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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . May 19? 1992. . . . . . . . . . .
Petition No.. . . . .Q 17-92 . . . , _.. , , ,
Date of Hearing. .MaY. .0 x .199?. . . .
Petition of . .In-Laws Inc, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 2QQ .Sutton .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of thw. Sen.tion.7,. . . . .
. .Paragraph. 7,2. .and.Tabl.e .2 .of. the .Zoning. Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . r.elief of. .6.'. .f or, the .front. setback. in .order. to .erect. a .canopy.,. . .
. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date,the Board of Appeals voted to . . .GRANT. . . the
variance and hereby authorize the Building Inspector to issue a
Permit to .In-Laws•-Inc. . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions: there be no signage
on the canopy and that a new plan be submitted showing as such.
i'
SignedU/ � %K��%
Frank Serio, Jr. , ChaArman
William Sullivan, Vice-Chairman
Walter Soule, Clerk
. . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Anna O'Connor
. . . . . . . . . .
Robert Ford
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeal
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in the Office of the Town
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�•9 SAA TED P?Ry.�G
SSACHUSE�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
**************************
*
In-Laws Inc.
Sutton Street Sunoco * Petition #017-92
200 Sutton Street
North Andover, MA * DECISION
*
The Board of Appeals held a regular meeting on Tuesday, May 12,
1992 upon the application of In-Laws Inc. requesting a variation
of Section 7, Paragraph 7.2 and Table 2 of the Zoning Bylaw so as
to permit relief of 6' for the front setback in order to erect a
canopy on the premises located at 200 Sutton Street. The
following members were present and voting: Frank Serio, Jr. ,
Chairman, William Sullivan, Vice-Chairman, Walter Soule, Clerk,
Anna O'Connor and Robert Ford.
The hearing was advertised in the North Andover Citizen on April
29 and May 6, 1992 and all abutters were notified by regular
mail.
Upon motion by Mr. Sullivan and second by Mrs. O'Connor the Board
voted unanimously to grant the variance with the condition that
there be no signage on the canopy and that a new plan be
submitted showing as such.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 19th day of May 1992.
BOARD OF APPEALS
Frank Serio, Jr
Chairman
Massachusetts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection- Wetlands
242-1015
200 Sutton
WPA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
North Andover May 5, 2000
Conservation Commission Date
For: The public hearing was closed on:
242-1015 May 17, 2000
Prglea file Number Date
To:
Title and Date of final Plans and Other Documents:
C.W. McAllister & R.E. Blais
AppiicarrName Plans prepared by Scott Giles, RPLS
200 Sutton St.
Mailing Address Entitled "Plan of Land" drawn for Sutton
North Andover
City/Town Street Service Station dated 4/26/00,
MA 01845
State Zip code REV. 5/12/00.
The project site is located at:
North Andover
City/Town
28 23
Assessors MawRlat I ParcelAot,f
and the property is recorded at the Registry of Deeds for.
North Essex 2756 301
Courny Book Page
Certificate(if regisrered land)
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced Notice of Intent Approved subject to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the ® the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
®Public Water Supply accordance with the Notice of Intent referenced above,the
®Private Water Supply I following General Conditions,and any other special
TK Groundwater Supply conditions attached to this Order.To the extent that the
*Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
S�Fisheries of Intent,these conditions shall control.
Y Storm Damage Prevention
X Prevention of Pollution
X Protection of Wildlife Habitat
n ..a c
_ Massachusetts Department of Environmental Protection 242-1015
Bureau of Resource Protection- Wetlands 200 Sutton S t.
WPP A Form 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
debris, including but not limited to lumber,bricks,plaster,
Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any [or,"MA DEP"] "File Number
exclusive privileges;it does not authorize any injury to 242.-1015
private property or invasion of private rights.
Protect File Number
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, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department
three years from the date of this Order unless either of the _
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years,from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
"Plan of Laid" drawn for Sutton St.
5. This Order may be extended by the issuing authority for We Service Station
one or more periods of up to three years each upon 4/26/00, REV 5/12/00
application to the issuing authority at least 30 days prior to dated
the expiration date of the Order. Scott Giles, RPLS
6. Any fill used in connection with this project shall be clean signed and Stamped by
fill. Any fill shall contain no trash,refuse,rubbish,or NACC
on file with
n n-r c
Massachusetts Department of Environmental Protection 242-1015
Bureau of Resource Protection- Wetlands 200 Sutton St.
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation North Andover
Commission in writing whether the change is significant
enough to require the filing of anew Notice of Intent,.. cormwoon commission
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. Name and=ion ofmunicipal taw,bylaw,orordlnwm
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unlessand until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Order.
a that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law,bylaw,or ordinance,specifi-
adjacent to a Bordering Vegetated Wetland,the boundary of cally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place, Chp, 178 of the Code of North Andover
the wetland boundary markers shall serve as the limit of Name and ararion of municipal lav,bylaw,or ordinance
work(unless another limit of work line has been noted in
the plans of record)and be maintained until a Certificate of
Compliance has been issued by the Conservation Commis The Commission orders that all the work shall be performed
Sion.
in accordance with the said additional conditions and with
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intent,the conditions shall control.
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw,or
erosion controls on a daily basis and shall remove
accumulated sediments as needed. The applicant shall ordinance:
immediately control any erosion problems that occur at the See attached conditions.
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.
Special Conditions(Use additional paper if necessary)
See attached conditions.
DEP FILE #242 - 1015
Therefore, the North Andover Conservation Commission(hereafter the "NACC")
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify.this Order.
19.This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued,to
evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further, work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
21.The work authorized hereunder shall be completed within three years from
the date of this order.
22.This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to.Section VIII
(B)(p.33) of the North Andover Wetland Regulations).
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.
C:\Winword\OOC\Dep#242-1015.doc 1 NACC 06/05/2000
DEP FILE #242 - 1015
24.Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department
25.The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
26.The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
27.The proposed work includes:- Construction of a 16'8" X 31' 8" addition within
the Riverfront Area to Cochichewick Brook.
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: C.W. McAllister & R.E. Blais, applicant
Frank Giles, representative
Site Pians prepared by: Scott Giles, RPLS dated 4/26/00, REV
5/12/00
Entitled: "Plan of Land" drawn for Sutton Street
Service Station
Signed and Stamped by: Scott Giles, RPLS
29.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bank and Riverfront Area to Cochichewick Brook. These
resource areas are significant to the interests of the Act and Town ByLaw as
noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified
interests.
30.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
CAWmword\00C\Dep#242-1015.doc 2 NACC 06/05/2000
DEP FILE#242 - 1015
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.
32.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.
33.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.
34.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and
its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any
way imply or certify that the site or downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
35.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.
C:\Winword\OOC\Dep#242-1015.doc 3 NACC 06/05/2000
DEP FILE #242- 1015
PRIOR TO CONSTRUCTION
36.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.
37.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.
38.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 242-1015
Expiration date=-----."
39.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.
CAWinword\00C\Dep#242-1015.doc 4 NACC 06/05/2000.
DEP FILE #242 - 1015
40.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.
41.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
42.A row of double staked hay bales shall be placed between all construction
areas and wetlands. The erosion control barrier will be properly installed and
placed as shown on the plans approved and referenced herein and shall be
inspected and approved by the NACC prior to the start of construction and
shall remain intact until all disturbed areas have been permanently stabilized
to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the
direction of the NACC. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could
result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in
this Order of Conditions. Should such installation be required by the NACC,
they shall be installed within 48 hours of the Commission's request.
43.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 15 extra 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.
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DEP FILE #242- 1015
45.The applicant shall stake out the foundation corners prior to construction for
projects including, but not limited to, single family homes, additions, decks,
pools, etc.
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 "Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating
that said applicant and/or owner has read these Orders of Conditions
and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
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).
48.All construction and post construction stormwater management shall be
conducted in accordance with supporting documents submitted with the
Notice of Intent, the Department of Environmental Protection Stormwater
Management Policy and as approved by the NACC in this Order of
Conditions.
49.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 NACC.
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DEP FILE #242- 1015
50.The applicants, owners, and their successors and assignees, shall maintain
all culverts, collection basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to
on site or off site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
51.IMPORTANT: Immediately upon completion of the foundation, and prior to
further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth (R.P.L.S.) which accurately depicts the foundation location
and it's proximity to wetland resource areas as approved under this Order of
Conditions. Said plan shall be submitted to the Conservation Administrator
for approval.
52.Upon beginning work,the applicant shall submit written progress reports
every other 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.
53.No discharge of water is allowed directly into an area subject to jurisdiction of
the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If
emergency de-watering requirements arise, the applicant shall submit a
contingency plan to the Commission for approval which provides for the
pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
54.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.
55.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
56.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.
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DEP FILE#242- 1015
57.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
58.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
59.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal
of waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject to protection under the Act or
local ByLaw.
60.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
61.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.
EER CONSTRUCTION
I -- -_ -M
62.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.
63.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.
NCC 0
C:\Wmword\OOC1Dep#242 1015.doc 8 A 06/05/200
DEP FILE #242- 1015
64.No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate
due to the importance of the site and wetlands. (2) Permanent signs
designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be
displayed in prominent locations and shall be approved by the
Conservation Administrator prior to installation.
65.After completion of work, the applicant shall permanently mark the edge of
wetland resource areas and with signs or markers designating their
sensitivity(i.e. Protected Wetland Resource Area). This will ensure 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.
66.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.
67. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A—"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Land Surveyor
of the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Land Surveyor of the Commonwealth, for the public
record. This plan will include:
CAWinword\00C\Dep#242-1015.doc 9 NACC 06/05/2000
DEP FLLE #242- 1015
➢ "As-Built' post-development elevations of all drainage &
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If portions of the
stormwater systems exist partially within the Buffer Zone than
the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas.
Structures include (but are not limited to) septic systems,
additions, fences, sheds, stone walls, pools, retaining walls,
subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work7 includes anv disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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 shah
be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP #242-
1015. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established
under the local ByLaw(condition# 31)
➢ Discharge or spillage of pollutants (Condition#61);
➢ Prohibition of underground fuels (Condition #62);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Conditions#'s 63 & 64).
CAWinword\00C1Dep#242-1015.doc 10 NACC 06/05/2000
DEP FILE #242- 1015
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Omer of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\00C\Dep#242-10I5.doc ll NACC 06/05/2000
Massachusetts Department of Environmental Protection 242-1015
Bureau of Resource Protection- Wetlands 200 Sutton St.
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, PO Protection Bylaw.
Findings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 7th
from the date of issuance.
June 7, 2003 day of
Dare June
June
Umh
This Order must be signed by a majority of the conservation 2000
commission.The Order must be mailed by certified mail r�
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same
time to the appropriate regional office of the epartmentof Scott Masse
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
Notary Public
C� CJ z�l L_
My commission upues
This Order is issued to the applicant as follows
VIA
❑ by hand delivery on
Dare
❑ by ilWmail, on
June 8, 2000
Date
Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c 131,§40
appropriate p
ria Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
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.
n....n A ,.L C
Massachusetts Department of Environmental Protection 242-1015
Bureau of Resource Protection- Wetlands 200 Sutton s t.
WPA Form 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
protection Bylaw.
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 shall be submitted to the
North Andover
Conservation Commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission,
———— ---------------�-------- —
To:
Consavarion Commission
Please be advised that the Order of Conditions for the project
at
Project Location DEP File Numbs
has been recorded at the Registry of Deeds of
County
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 which identifies this
transaction is
Instiumm Number
If registered land,the document number which identifies this
transaction is
Document Number
Signature ofApplicant
n.,.,..c t c
Massachusetts Department of Environmental Protection 242-1015
Bureau of Resource Protection- Wetlands 200 Sutton S t.
WPA Appendix E . Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Mailing Address
Mailing Address
City/Town
City/IoW7
State Zip Code
State Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
Street Address
otya-n
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonvveald7 of Massachusetts,to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEP regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicaru, if he/she is not the appellant.
Received by Town Clerk:
i
f ..
f TOWN OF NOwrif ANDOVElt, MASSACHUSETTS
BOARD OF APPEALS ,l
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING Ojo4CE � �1 )$i' ,(•
Applicant tr.t r , �, f. Addres �
1. Application is hereby made:
a) For a variance from the requirements of Section Paragraph
and 'Cable
Of the Zoning By Laws.
b) For a Special Permit under Section Paragraph of the Zoning
By Laws. ---
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 ( ) East ( ) We:t ( ) side of
Street, and known as No.`s -.2 -L---'1---,:-------
- - 3_Lfii— =j------- Street .
c) Pxemisc. affected are in 'loninq District _, and the premises
affected have an area of,2 (C'f't' -square fee t and f ront:rrlc ()f
.-----
3. Ownership
'�
a) Name and address of ( if pint ownership, give all names ):
oc ><t
��-'��1� _?__ six_!__ _ r l t<,_•_� i > > r f� r l
Date of Purchase ) j ` c4}-- Previous Owner}`'
b) If applicant is not owner, check Iris/her interest in the premises:
--Prospective Purchaser Les cc `- Otlrcr (expLain)
4v Size of proposer] brie, di' g ?Af, front; , tj feet deep
height stories;16, — feet.
a) Approximate date of erection:—(Z2))/1�_
b) Occupancy or use of each floor:
C) Type of construction: t" '_(_ l'?11� _� f._tict
S, Size of existinq building: feet front; [c t dc-op;
Height stories; ---Cert . -----
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction: -------- r-_
------------------ -
6. Itis there been a [)r c v I oxis appr :rl undrrr 7.0 11 nry, rnr tiv ,rt prrIII ic:r•r,'
_', — If so, when? 'J/,Jr ->_4'�
7A' Description of relief so
uglst on this petition
:4 8 Deed recorded in the Itegistry of Deeds in Book ' 1;C, Page >� )
S :. Land Court Certificate No.w ^Dook Page ;
The
;.R,
principal points upon which I base .my a � is
P 1 anon are as fol owss
Y PP
••(must be stated in detail) •5,�•
. t � r' 4'4�� c_! t�, aJ v srr',� •,�Q t�1 C�(� y� `
I agree to pay the filing fee, advertising In newspaper, and incidental
; expenses*
s
.r S• t
L j '
Signature of Petz tior�er�s)-' ,
, Every application for action by the Board shall be made on a form approved
by. the Board. These forms shall be furnishes( by the Clerk upon request.
Any communication purporting to be an application shall be trented as mere
jnotice of intention to seek relief until such time -as it is .madc on the ,
• official application form. ALL information 'called -for by the form shall .
be furnished by the applicant in the manner Frherein.:presccibcd. •!
' %li
Every-application shalL be submitted with n list of "Parties in Interest"
?which list shall include .the petitioner, abuttern, ownern Of laird directly
,opposite on any public or private street or way, and abutters to •thc
; abutters witlhin' thrcc hundred feet (300' ) of the property line of the
petitioner as they appear . oil the most recent applicable tax List,
,notwithstanding that the land of any such owner is located its another city
or town, the Planning Board of the city or town,. and the Planning Board of o
,every, abutting city or town. '
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible
;for any and all costs involved in bringing the petition before the Board....
Such costs shall include mailing and publication, but are not necessarily.
limited to these.
Every application shall be submitted with a pian of land approved by the L�
Board. No petition will be brought before the Board unless said Man has '91
been submitted . Copies of the hoard's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request. t
LIST OF PARTIES IN ItITEnEs'T
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