HomeMy WebLinkAboutMiscellaneous - 209 BRIDGES LANE �g�W +y� Town of North Andover NORTH
JOYCE t✓kA-01''HA 0`tz�90 6 fit°
NORTH CLERK
DEVELOPMENT AND SERVICES °OFFICE OF2 ry....
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MAR L l 1 48 po ' 146 Maw treet ,� o _ •
North Andover,Massachusetts 01845 QogAT{D "t�5
SSACHUS�
BOARD OF APPEALS
NOTICE OF DECISION
Property: Lot 59 Bridges Lane
Joseph & Colleen Contrada Date: -21-96
209 Bridges Lane Petition# :005-96
North Andover, MA 0 845 Date of Hearing: 3-12-96
The Board of Appeals held a regular meeting on Tuesday evening, March 12, 1996 upon the
application of Joseph Contrada requesting a variation of Section 7,Paragraph 7.1,7.2 and Table 2 of
the zoning By Law so as to permit relief of one-acre from two-acre zoning and relief on 25' from
the street frontage requirement for property located at Lot 59 Bridges Lane, Zoning district R-1 for
purposed of building a single family dwelling.
The following members were present and voting:William Sullivan, Raymond Vivenzio,Ellen
McIntyre, John Pallone and Joseph Faris.
The hearing was advertised in the North Andover Citizen on 2.21.96& 2.28.96and all abutters were
notified by regular mail.
Upon a motion by Ray Vavencio and seconded by John Pallone the Board of Appeals unanimously
voted to GRANT relief of 1 acre from the required 2 acre zoning and relief of 25' from the street
frontage requirement of 175'.Voting in favor; Raymond Vivenzio,John Pallone, Ellen McIntyre,
Joseph Faris and Scott Karpinski.
The petitioner has satisfied the provisions of Section 10,Paragraph 10.4 of the Zoning Bylaw and
that the granting of these variances will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw.
BOARD OF APPEALS,
William Sullivan,Chairman
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
y Town Clerk:
19#k"I
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Joseph & Colleen Contrada �
Address 2n_9 Bridges Lane
Nnrth Andover, Ma. Tel. No.
1.. Application is hereby made:
a) For a variance from the requirements of Section
Paragraph-i and Table 2, , of the Zoning Byl ws.
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
C) As a Part yy Aggrieved, for review of` a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land X and building(s)
numbered dgs T ✓ -Street.
b) Premises affected are Property with frontage on the
North ( ) South ( j East 0() West ( j side of
_�ridQes Lane Street.
Street, and known' as No. Lot # 59 (approx. 195 Bridges)
Street.
C) Premises affected are its Zoning District R- '1 , and the
premises affected have an area of 450524 sq.
�quare feet
and frontage of 150 feet.
3 . Ownership
A) Name and address of owner (if Joint ownership, give all
names)
Joseph '& Colleen Contrada
Date of Purchase 5/29/86 Previous Owner
b) 1. If applicant is not owner, check his/her interest
in the premises;
Prospective Purchaser Leesee other
2. Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: front; feet deep;
Height stories; feet.
a) Approximate date of erections
b) occupancy or use of each floor:
c) Type of construction:
5. Has there been 'a previous appeal, under zoning, on these
premises? no . If so, when? .
6. Description of relief sought on this petition Rllow the
building of single family on -1--acre instead of 2 acre with only 150 Frontage
7. Deed recorded in the Registry of Deeds in Book 2204 Page 68
Land Court Certificate No. BookA.
Page .
The principal points upon which I base my application are as
follows: (must be stated i del
In 1986 I bou Tthis lot for 110, �6 as a 1 acre buildable lot. The Zoning was
changed and now--that T-n-e-ecT to se
unbuilable becaAe t son yT acre.
1 acreAnd t Iha9f is n comp anc .
I agree y h filing ee, dvert g in " newspaper, and
inciden s
ign ure of Pet tioner(a)
Every a p ication fo ction by the Board shall be made on a form
approve by the Board. These forms shall be furnished b the
Clerk upon request An y
q communication nication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
pp ion
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest which list shall include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001 ) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding 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 Boa
every abutting ,city or town. ri •f
*Every application shall be submitted with an application charge
cost in the amount of $25. 00. In addition, theetitioner 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 plan of land approved
by the Board. No petition will be brought before the Board
unless said plan has been submitted. Copies of the Board's
requirements regarding plans are attached hereto or are available
from the Board of Appeals upon request.
Rev. 4/93
I
J ot.�'
Any appoal ,,, Q
1
e filed
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6n tl�lC' �CAI�:�' �)E the Town �f►wv��� � �� 3
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Date . August. !A,. .1994. . . . . . . . . .
Petition No.. . . 0.3.0-94. . . . . . . . . . . .
Date of Hearing. . August. 9.,. .199.4.
Petition of . . . . .JQseph. .GQutrada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . .209 .Bri.d.g.es .Lane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of M. Sec.t.ion.7,. . . . .
Paragraph .7.1 . and. Table. 2. .o.f .the. Zoning.Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit .relief. .from. one-acre. to. .two.acres .for. the. required lot.area.. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . GRANT the
. .variance. as .requested. . . . . . . and hereby authorize the Building Inspector to issue a
Permit to Joseph Contrada.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fluAtllX4 4X RAX$
The Board finds that the petitione has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning Bylaw and that the granting of the variance will
not adversely affect the neighborhood or derogate from the intent and purpose
of the Zoning Bylaw.
Signed
William 4airmanJ Sullivan, Vic
. . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Robert Ford
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
John Pallone
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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SSacHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Joseph Contrada * DECISION
209 Bridges Lane
North Andover, MA 01845 * Petition #030-94
The Board of Appeals held a regular meeting on Tuesday evening,
August 9, 1994 upon the application of Joseph Contrada requesting
a variation of Section 7, Paragraph 7. 1 and Table 2 of the Zoning
Bylaw so as to permit relief from one-acre to two-acres for the
required lot area and relief of twenty-five (25) feet for the
required lot area on the premises located at Lot 59 Bridges Lane.
The following members were present and voting: William Sullivan,
Vice-chairman, Walter Soule, Clerk, Robert Ford, John Pallone and
Scott Karpinski.
The hearing was advertised in the North Andover Citizen on July
20 and 27, 1994 and all abutters were notified by regular mail.
Upon a motion by Mr. Ford and seconded by Mr. Soule, the Board
voted unanimously to GRANT the variance.
The Board finds that the petitioner has satisfied the provisions
of Section 10, Paragraph 10.4 of the Zoning Bylaw and 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 16th day of August 1994.
BOARD OF APPEALS
William JZ Sullivan
Vice-chairman
310 CMR 10.99 F,f=
JO)
Form 2 (`
fi;1t'};N► 1R+*! #�+ DEP Fits No.
4 � (To be orovided by DEP)
- .:- Commonwealth OCT C,ry,rown North Andover
of Massachusetts Aovlicant JOSEPH CONTRADA
Etfg .v
yCiC�
BRIDGES LANE, TOWN MAP #104—D, Oats ReouestFiled 09/21/95
TOWN LOT #108 , SUBD V SIO L T. �59
POSITIVE Determina{lon o / pp 16
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From NORTH ANDOVER CONSERVATION COrIIIISSION Issuing Authority
To Joseph Contrada Joseph Contrada
(Name of person making request) (Name of property owner)
209 Bridges Lane 209 Bridges Lane
Address North Andover MA 01845 Address North Andover MA 01845
This determination is issued and delivered as follows:
0— by hand delivery to person making request on (date)
'LXX by certified mail,return receipt requested on _ ,�� '�= _(date)
Pursuant to the authority of G.L. c. 131, §40, the North Andover Conservation Commission
has considered your request for a Determination of Appitcability and its supporting documentation, and has
made the following determination(check whichever is applicable):
Location: Street Address Bridges Lane, Town Map #104—D, Town Lot #108,
Lot Number: Subdivision Lot #59
1. rJ The area described below,which includes all/part of the area described in your request, is an
Area Subject to Protection Under the Act.Therefore, any removing, filling, dredging or
altering of that area requires the filing of a Notice of intent.
2. C The work described below, which includes all;part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or after that area.There-
fore, said work reauires the filing of a Notice of Intent.
I
Effective 11110189
2.1
3. xRX% The work described below, which inciudes all:part of the work oescnbed to vour reoues!. is within
the Buffer Zone as defined to the regulations. and will alter an Area Subject to Protection Under
the Act. Therefore,said work requires the filing of a Notice of Intent The North Andover
Conservation Commission disagrees with the wetland delineation as shown
on Plan entitled: "PLAN OF SUBSURFACE DISPOSAL SYSTEM" dated
July 7, 1995, Revised 8/23/95, drawn by-Merrimack Engineering Services,
Inc.
This Determination is neoative:
1. D The area described in your request is not an Area Subject to Protection Under the Act
2. D The work described in your request Is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or alter that area.Therefore. said work does not require the filing of a
Notice of Intent.
3. D The work described in your request is within the Buffer Zone, as defined in the reoulatlons. but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the
filing of a Notice of Intent.
4. D The area described in your request Is Subject to Protection Under the Act. but since the work
described therein meets the requirements for the foliowlno exemptfon.as specified in the Act and
the regulations, no Notice of Intent is required
issued by NORTH ANDOVER Conservation Commission
Signature(s)
v
his 4Determinatioqnmust be signed by a majority of the Conservation Commission.
Oen this 4th day of October 19 95 before me
personally appeared George L. Reich , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledoed that he:she executed
the sa a as his/her free act and deed.
March 22, 2002
Lfi Notary Public Donna Mae D Ag to My commission expires
This Determination does not relieve the applicant trom compiymo wan alf other ecptic2ole tedera, state o•Coca!statutes.oroinances.
by-taws or reputations This Determination shalt oe vale for three years form the oaie of issuance
The applicant.the owner.any person aggrieved by this Determination,any owner o!land abuning the Iona upon wnicn the proposed work
is to be done.or any ten resloents of the city or town In Which such land is localec.are nereby notified or their tight to request the Department
of Environmental Protection to issue a Supersedmo Determination of Applicaoility.provioing the reouesf is mage py cerUtied mail or hand
delivery to the Department.with the appropriate filing fee and Fee Transmittal Form as provioed in 310 ChtR 10.03(7 t wtinin ten pays from
the Cate of Issuance of this Determination.A copy of the tepuest shali at Ins same time be cent by certified mail or nano oeuvery to the
Consery abon Commission and the apowent.
1
JOYCE BRAD HAW
'TO'WN CLERK
NORTH ANDOVER
Received by Town Clerk: fE8 15 3 51
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant 'r/ g 6- l Gu177_W:2)-4 Address 204f7 GA) /LO✓4x��adc,
L GG A S. 69,077e-4-D4 Tel No.
1 . Application is hereby made:
a) For a variance from the requirements of Section
Paragraph '7Y I and Table A of the Zoning Bylaws.
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land �/" and building (s)
numbered i7- `S 9 4ii�S �l E Street.
b) Premises affected are property with frontage on the
North ( ) South ( ) East DO West { ) side of
Street.
Street, and known as No
Street.
c) Premises affected are in Zoning District k--I_, and the
premises affected have an area of 2 ' #quare feet
and frontage of _L56 feet.
3 . Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
Date of Purchase Previous Owner /6 1T1�
- b} 1 . If applicanthis/her
Brest. is not owner, check /
in the premises:
Prospective Purchaser Lessee Other
Rev. 10/95
a
2 . `Letter of authorization. for Variance/Special Permit
required.
4 . Size of proposed building: front; feet deep;
Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5. Has there been a previous appeal, under zoning, on these
premises? 5 If so, when? && qS
6. Description of relief sought on this petition. Please explain
in detail below. (If requesting a variance or special permit
please fill out the attatched table.)
a Sem 7, 77 i
Zty 64 Aek) S6
jf+ Dir 6h2 Qlelny, f 5w �A � evd �
7 . Deed recorded in the Registry of Deeds in BookZ-Zz)_qPage �Oc�
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows : (must be stated in detail)
n /4Y C IF ,ho /0t- -*//o 0 o / /d % /af-. zap.
4J4C'i y y7C.�f S"/rd Sor' rhe /of i(e / %tee►-we, o
/ �",�, Ig ivn� �L �� /loYr►45 in- D�t c�mc, ire cn. / � � �S /�. /af- �.f i k,
G-rn�/<� ;� ���o��v� 2x�`red � � �C'e. �.n. off- /7TH S �,G�iv/✓as�✓
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE ACCEPTED OR HEARD
AT THE PUBLIC HEARING.
2-6
Name of Applicant (s) (Print) Signature of A licant (s)
Rev. 10/95
w.
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT:
Required Setback Existing.Setback Relief
or Area or Area Requested
Lot Dimension a e
Area
Street Frontage
Front Setback
ILIA
Side Setback(s)
Rear Setback
Special Permit Request: ,�(
LIST OF PARTIES OF INTEREST PAGE OF
_SUBJECT PROPERTY
MAP PARCEL NAME (ADDRESS
ABUTTERS
M/!P PARCEL NAME 'ADDRESS
O 7 `
/!,G / C"J ,E Ii ,
03 leo-06— Cr AA? , ?
r
310 CMR 10.99 Bridges Lane, between 185 & 209
FOfrt1 5 DEP Fire r4o. [� 242-818
.�
n
(Io"vvvx)M try UEI'r
Commonwealth Cny,Town North Andover
of Massachusetts Joseph Contrada
Aoubcaril
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION CORiIISSION
To Joseph Contrada Same as Applicant
(Name of Applicant) (Name of property owner)
209 Bridges Lane
Address
No. Andover MA 01845 Address Same as Applicant
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on /��} (date)
-21 by certified mail, return receipt requested on (1,L4.fhL-� -{ ; T 7 (date)
Chis project is located at Bridges Lane, between 185 and 209, Lot 59
The property is recorded at the Registry of Northern r•ss�eX -
Book 2202 Page 68
Certificate (if registered) ---
The Notice of Intent for this project was filed on 06/27/96: (dale)
07/24/96 (date)
The public.hearing was closed on
Findings
The North Andover Conservation Commission has revievied the above-reler Priced Notice of
Intent and plans and has held a public hearing on the project. Based on the information ararlaole Ic the
NACC at this time. the _SIA h<as deterrruned that
the area on which the pr000sed work is to be done is significant to the followinu interests in aCCorQnnce voth
the Presumptions of Significannc8e " forth in the regulations :or each Area Sutlect to Prolec'iora Under the
(;h. 1/ Recreation
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch. 178Y Wildlife
17 Pubiio water supply Flood control ❑ Land containing shellfish
Private water supply Storm damage prevention Fist,eries
Ground water supply Prevention of pollution Protection of wildlife habitat
$112.50
$250.00 State are ---------
Total Filing Fee Submitted Sh
City/Town Share $137.50 ('.'_ IPP in r�xcess of S'?5)
Total Refund Due S CityrTown Portion S Slate Portion S
('iz total). ('iz total)
DEP FILE #242- 818
Therefore, the North Andover Conservation Commission(hereafter the
"NACC") hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights.
3. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal,state or local statutes,
ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended by the issuing authority for one or more
periods of up to one year each upon application to the issuing authority at
least 30 days prior to the expiration date of the Order (Refer to Section VIII
(p.15) of the North Andover Wetland Regulations).
6. Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
7. The proposed work includes: Construction of a single family home,portion
of a driveway and grading within the buffer zone of a bordering vegetated
wetland.
8. The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required);
Notice of Intent filed by; Joseph Contrada
CAWinword\00C\242-818.doc 1 NACC 8n196
DEP FILE #242 - 818
209 Bridges Lane,North Andover,MA 01845
Plans prepared by: Merrimack Engineering Services,Inc.
Plans Titled"Plan of Subsurface Disposal System in
North Andover as prepared for Joseph Contrada,209
Bridges Lane,North Andover,MA"
Revised Date 6/27/96
9. The following wetland resource areas are affected by the proposed work:
P
Buffer Zone and Bordering Vegetated Wetland (BVW). These resource
areas are significant to the interests of the Act and Town ByLaw as noted
above. These resource areas is also significant to the recreational and wildlife
interests of the ByLaw. The applicant has not attempted to overcome the
presumption of significance of this resource area to the identified interests.
10. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated (revised) 6/27/96 . Prior to the
issuance of a Certificate of Compliance,the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control
13. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site to construct a single family home will cause further
alteration of the wetland resource areas. In order to prevent any alteration of
wetland resource areas beyond those proposed in the Notice of Intent(NOD
and approved herein, a (25) foot no-disturbance zone and a (50) foot 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 Appendix 5 of the local Regulations).
PRIOR TO CONSTRUCTION
14. No work shall be undertaken until all administrative appeal periods from
PP
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department or Court have been completed..
CAWinword\00C\242-818.doc 2 NACC 8n196
DEP FILE #242- 818
15. 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.
16. 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 242-818".
17. 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.
18. The applicant shall contact the Conservation Office prior to site
preparation or construction and shall arrange an on-site conference with an
NACC representative,the contractor and the applicant to ensure that all of
the Conditions of this Order are understood. This Order also shall be made
a part of the contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with
this Order.
19. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
CAWinword\00C\242-818.doc 3 NACC 8/7/96
DEP FILE # 242- 818
20. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
21. IMPORTANT: Previous violations reveal that approximately six (6) septic
system test pits were conducted within the delineated BVW and the"No-
Disturbance Zone." These disturbed areas must be restored to their original
grade and indigenous wetland vegetation shall be introduced.A buffer
zone/wetland restoration plan must be submitted to the Conservation
Administrator by a qualified Wetland Biologist prior to construction for
approval. This plan shall specify proposed plantings,access routes, and a .
detailed construction methodology. NOTE: All work is to take place by
hand and absent of any heavy equipment. Work associated with dwelling
construction is not permitted until this Condition is satisfied and approved
by the Conservation Administrator. Refer to Section VI(E) of the North
Andover Wetland Regulations for additional requirements.
22. 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 above referenced
plan 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.
23. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty(20) 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.
24. A check payable to the Town of North Andover shall be provided in the
amount of$4,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasure before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all conditions
hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for
performance of any conditions which are of continuing nature. The applicant
may propose a bond release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is
issued under the authority of the local ByLaw.
CAWinword\000242-818.doc 4 NACC 8n196
DEP FILE #242 - 818
DURING CONSTRUCTION
25. 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.
26. 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.
27. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
28. No regrading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
29. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
30. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
31. 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.
32. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
33. Members of the NACC or its agent shall have the right to enter upon and
inspect the premises to evaluate and/or effect compliance with this Order of
Conditions. The NACC reserves the right to require, following field
inspection, additional information or resource protection measures.
34. 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
CAWinword\00C\242-818.doc 5 NACC 8/7/96
DEP FILE #242-818
shall be notified by the applicant within one (1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
35. 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.
36. Fertilizers utilized for landscaping and lawn care shall be organic and low
nitrogen content, and shall be used in moderation. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition is
issued under the authority of the Town`s Wetland Protection ByLaw.
37. 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.
38. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Civil Engineer and Land Surveyor
certifying compliance with this Order of Conditions and the approved plans
referenced herein (or approved revisions). In addition, a letter from a
qualified wetland scientist certifying compliance with local/state
regulations is also required for the Wetland Restoration Area. Certification
includes, but is not limited to, verification that the limit of work coincides
with the approved "NO-DISTURBANCEJNO-BUILD" zones. A stamped
"As-Built"topographic plan of all areas within the jurisdiction of the
Wetlands Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
a) "As-Built' elevations of all drainage structures constructed within
100 feet of any wetland resource area;
b) "As-Built' elevations and grades of all filled or altered wetland
resource areas;
CAWinword\00C\242-818.doc 6 NACC 8n196
DEP FILE # 242 - 818
c) Distances from structures to wetland resource areas. Structures
include,but are not limited to, septic systems, stone walls,
retaining walls, and approved decks;
d) A line showing the limit of work. "Work" includes any
disturbance of soils or vegetation,
e) Location of all subsurface utilities entering the property
f) Location of existing erosion controls.
41)Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to
whom the compliance is to be granted;
c) The street address and assessor's map/parcel number for the
project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions
and approved plans.
C:\Winword\00C\242-818.doc 7 NACC 8n196
DEP FILE #242- 818
42. 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 DEP #242-818. Future
work within 100' of existing wetland resource areas will require a
separate filing with the NACC (refer to Section XI(page 18) of the
Regulations for performance standards within these zones) The
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 of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
C:\Winword\OOC\242-818.doc 8 NACC 8n196
242-818
Bridges Lane
Between 185 and 209
Issued By ortii AjoverijiConservation Commission
Signature
This Order must be signed by a majority of the Conservation Commission.
On this 7th day of August 19 96 before me
personally appeared Joseph W. Lynch, Jr. . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he:64e executed
the same as his/fir free act and deed.
�,
March 22, 2002
Al
Notary Public My commission expires
The acaiicant,the owner.any person aggneved by this Order,any owner of land abutting the land uocn which the oroocsea work is to be
acne.or any ten resicents of the city or town in which such land is located.are hereby notified of their ngnt to reduest the Department of
Environmental Protection to issue a Superseding Order. providing the request is rhade by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR t0.o3m.within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand astivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING
THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF
DEEDS.
on�r_
Detach on dotted line and submit to the North Andover Con .—'o-m. prior to commencement of work.
n�
120 Main Street, No Andover MA 01845:................... .........................
.........
To Forth Andover Conservation Commission :ssu:ng Autnoruv
Bridges .Lane, Between 185 and 209
Please be advised that the Orcer of Conditions for the project at
;.ie rvumoer 242— 818 rias been recorded at the Reaisry of Deeds Essex North District inti
has Deen noted in the cnain at tate of the attected orooerry in accordance with General cenatnon a on
t9
It recorced land. the instrument number which idenali s mis transaction is
It registered tand. the document numberwhich identifies this transaction is
Accucl^'
31cna:ura
,lt}Y CErAG:.
TOWN CLrRK
Town NORTH ANGOYE12 of North Andover E NORTN ,
OFFICE OF s%i! ie.6.
COMMUNITY DEVELOPMENT AND SERVICES A
146 Main Street �, gDATED 0P`y�y
KENNETH R.MAHONY North.Andover,Massachusetts 01845 "SSgtMUs��
Director (508)688-9533
Joseph & Colleen Contrada Extension Permit
209 Bridges Lane, Lot 59 Petition#030-94
North Andover, MA 01845
The Board of Appeals held a regular meeting on Tuesday evening, August 8, 1995 upon
the request of Joseph& Colleen Contrada requesting an extension to a variance granted in
August of 1994. The variance allowed relief of one acre from the two acre lot area
requirement for property located at 209 Bridges Lane.
According the Massachusetts General Law, Chapter 40A, Section 10, the Board of
Appeals may extend a permit for a period not to exceed six months. If work on the
property is not exercised within the six month extension the applicant must refile for the
variance.
The following members were present and voting: William Sullivan, John Pallone, Joseph
Faris, Scott Karpinski and Ellen McIntyre.
Upon a motion by John Pallone and seconded by Scott Karpinski, the board voted
unanimously to Grant a six month extension to a variance granted on August 16, 1994 for
property located on 209 Bridges Lane.
Dated this 16th day of August, 1995.
BO OF PEALS,
William Sullivan John Pallone
Joseph Faris Ellen McIntyre
Scott Karpinski
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Paaino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
I