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Home My WebLink AboutMiscellaneous - 316 JOHNSON STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Eugene&Judith Reilly computer, use Name only the tab key to move 316 Johnson Street your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Eugene&Judith Riley Name 6/15/04 242-1246 Dated DEP File Number 3. The project site is located at: 316 Johnson Street North Andover Street Address City/Town Mak 37D Parcel 25 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 8928 15 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/1/05 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform Bb.doc•rev.7/13/04 Page 1 of 4 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242- 246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 69 C. Authorization Issued by: North Andover 1415- Conservation rConservation Commission Date of Fssuante This Certificate must be signed byfe majority of the Conservation Commission and a copy sent to the applicant and appropriate DF,,P'�e 'oval Office (See Attachment). Signatures: .✓' .�'� �, i y wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License 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 E71�S DONNA M.WEDGE Signature of Notary Public �� h�� NOTARY PUBLIC ?�2L1 y3 E e wrAtrHOf VA'sACHUSMS Prin ed Name of Notary Public E:xrn{ 2009 My Co _m sion txpires(Date) Place nota seal and/or an stamp above notary Y p Sigwature of Notary Public wpeform 8b.doc•rev 7/13/04 Page 3 of 4 lMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1246 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page if recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784 1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792 7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.12/12/05 Page 1 of 1 w L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions ,Q To: Applicant: Property Owner(if different from applicant): Eugene F. Reilly Same Name Name emm 316 Johnson Street Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 316 Johnson Street North Andover Street Address City/Town Map 37D Lot 25 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 3795 132 County Book Page Certificate(if registered land) 3. Dates: 4/16/04 5/26/04 jS o Date Notice of Intent Filed Date Public Hearing Closed Date of Issuary6e 4. Final Approved Plans and Other Documents (attach additional plan references as needed): NOI April 13, 2004 Title Date Site Improvement Plan of Land, Sheets 1-5 5/3/04, revised Title 5/13/04 Title Date 5. Final Plans and Documents Signed and Stamped by: Steve E. Stapinski, P. L. S. & Robert C. Daley, P. E. Name 6. Total Fee: _$220.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc-rev.12/15/00 Page 1 of 7 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands L11 WPA Form 5. - Order of Conditions 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings 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: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,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, to protect those interests checked above. 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 to protect those interests checked above.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. ❑ 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). General Conditions (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. Wpaform5.doc•rev.12/15/00 Page 2 of 7 5 Massachusetts Department of Environmental Protection .DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1246 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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, "MA DEP"] "File Number 242-1246 " 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. Wpaform5.doc•rev.12/15/00 Page 3 of 7 r Massachusetts Department of Environmental Protection DEP File Number: i Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional referenced above. To the extent that the following conditions and with the Notice of Intent 9 conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc rev.12/15/00 Page 4 of 7 L7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. 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 Appendix E: 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.12/15/00 Page 6 of 7 `t Massachusetts Department of Environmental Protection DEP File Number; Bureau of Resource Protection Wetlands IL WPA Form 5 - Order of Conditions 242-1246 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) 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: 242-1246 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 Signature of Applicant wpaform5.doc•rev.12/15/00 Page 7 of 7 y y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1246 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, rom the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. 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 Prot gional Office (see Appendix A)and the property caner(if different from applicant). SignatUP; s: E�� P,5��y OnOf Day Month arA Year before me personally appeared to me known to be the person described in and who executed the fo instnUMMMME acknowledged that he/she executed the same as his/her free act an NWRf PAW CONISIMMINGFWAADUM N ary Public My Commis This Order is issued to the applicant as follows: dby hand delivery on ❑ by certified mail, return receipt requested, on Date Date Wpeform5.doc•rev.12/15/00 Page 5 of 7 i DEP FILE#242 - 1246 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 Tans, 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 8.3 (p.37) of the North Andover Wetland Regulations). C:\Winword\OOC\316JohnsonSt242-1246.doc 1 NACC 6/7/04 DEP FILE#242 - 1246 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. 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. This Order of Conditions is issued under File No. 242-1246. 26. 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. 27. 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. 28. The proposed work includes: Construction of a two-car garage,breezeway, additional living space, three porch renovations, driveway alterations, sewer connection, landscaping features and associated grading and drainage improvements in the buffer zone to a bordering vegetated wetland associated with an intermittent stream. Work is also within the Watershed Protection District. 29. The work shall conform to the following: Notice of Intent filed by: Eugene F. Reilly 316 Johnson Street North Andover, MA 01845 Prepared by: Merrimack Engineering Services,Inc. 66 Park Street Andover,MA 01810 Dated April 13,2004 Site Plans prepared by: Merrimack Engineering Services, Inc. 66 Park Street Andover, MA 01810 Dated May 3,2004, Revised May 13,2004 C:\Winword\OOC\316JohnsonSt242-1246.doc 2 NACC 6n104 P I DEP FILE#242 - 1246 Signed and Stamped by Steven E. Stapinski, P.L.S. &Robert C. Daley, P.E. Entitled: Site Improvement Plan of Land (sheets 1-5) Other Record Documents: Letter from Julie Parrino to Mark West dated December 31,2003; Proposed Landscape Layout Plan,prepared by Hugh J. Collins,Jr. Landscape Designer,Inc. Dated April 27,2004. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). 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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site for wetland flags 38 through 44 and 1 through 23 only. Wetland flags 25 through 35 & CB-1 through CB-7 are not approved under this filing. 32. 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 (251 No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in the those locations which where previously disturbed as depicted on the approved plan. 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). 33. 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. 34. 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 C:\Winword\OOC\316JohnsonSt242-1246.doc 3 NACC 6/7/04 DEP FILE#242 - 1246 liable for any violation of this Order resulting from failure to comply with its conditions. 35. 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. 36. 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 37. 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. 38. 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 beforework commences may be recorded by the NACC at the applicant's expense. 39. 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 DEP,File Number 242-1246." C:\Winword\OOC\316JohnsonSt242-1246.doc 4 NACC 6/7/04 DEP FILE#242 - 1246 40. 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. 41. 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. 42. 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. 43. 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 any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. 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 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 C:\Winword\OOC\316JohnsonSt242-1246.doc 5 NACC 6n104 } DEP FILE#242 - 1246 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. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 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. 46. A check payable to the Town of North Andover shall be provided in the amount of $3,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town 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. 47. The applicant shall plant 12 of the following combinations of plant species (preferably 4 of 3 different types) Shadblow/Serviceberry (Amelanchier Canadensis/arborea), Black Chokeberry (Aronia melanocarpa), Bayberry(Myrica penslyvanica), Northern Arrowwood (Viburnum dentatum), Gray Dogwood (Cornus racemosa) or Highbush Blueberry (Vaccinium corymbosum) 8' on center within the maintained 25' no-disturbance zone upgradient of wetland flags 13 through 16. Any variation to the above shall be reviewed and approved by the Conservation Administrator. 48. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" 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 writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor 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 I C:\Winword\OOC\3167ohnsonSt242-1246.doc 6 NACC 6/7/04 a DEP FILE #242 - 1246 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 ' p is being performed in compliance with this Order of I p Conditions and that approved setbacks are being adhered t pp ghr dee o. 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. 49. Prior to construction,the applicant shall permanently mark the edge of the "25'No- Disturbance Zone"with signs or markers spaced evenly every 40 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 available at the Conservation Office for$2 apiece and 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. 50. 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 prior to the closing of said land transaction. 51. 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). C:\Winword\OOC\316JohnsonSt242-1246.doc 7 NACC 6n104 DEP FILE #242 - 1246 DURING CONSTRUCTION 52. 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. 53. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor 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 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. 57. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Soils shall be stockpiled at the designated locations depicted on the approved plans unless otherwise approved by the Conservation Administrator. 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. um Thea applicant shall maintain dsters (or other suitable p p C:\Winword\OOC\316JohnsonSt242-1246.doc 8 NACC 6/7/04 DEP FILE#242 - 1246 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. AFTER CONSTRUCTION 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. 64. 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. 65. 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. 66. 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:liance: a. WPA Form 8A—„Request for a Certificate of Compliance.” b. A letter from the applicant requesting n a Certificate of Compliance. C:\Winword\OOC\316JohnsonSt242-1246.doc 9 NACC 6/7/04 DEP FILE#242 - 1246 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 Civil Engineer (and/or 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 Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "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. Work includesLny disturbance of soils or vegetation. 69. 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 previously disturbed areas 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# 61); C:\Winword\OOC\316JohnsonSt242-1246.doe 10 NACC 6/7/04 DEP FILE #242 - 1246 ➢ Prohibition of underground fuels (Condition#62); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions#63). I C:\Winword\OOC\316JohnsonSt242-1246.doc 11 NACC 6/7/04 DEP FILE#242 - 1246 APPENDIX A -AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current Trent o caner) (PLEASE CHECK AT LEAST ONE BLOCK) 1• I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. I 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. I 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. I 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. I 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\OOC\316JohnsonSt242-1246.doc 12 NACC 6/7/04 1 'r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) Project Location Mailing Address retwn City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.5/24/04 Page 1 of 2 0 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection-Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpaform5.doc•Appendix E•rev.5/24/04 Page 2 of 2 S � Town of North Andover f µORTH 0 RTtID '` a Office of the Planning Department Community Development and Services Division, 27 Charles Street ` A' '1� DATT.D•� North Andover,Massachusetts 01845 'ss�c,ns�s Julie Parrino Telephone(978)688-9535 Town Planner Fax(978)688-9542 Notice Of Decision Any appeal shall be filed ' 4j Within (20) days after the Date of filing this Notice c.., In the Office of the Town Clerk Date: June 3, 2004 Date of Hearing: May 4, 2004,June 1, 2004 Decision: June 1, 2004 Petition of. Eugene&Judith Riley 316 Johnson Street,North Andover, MA 01845 Premises Affected: 316 Johnson Street,North Andover, MA 01845 Referring to the above petition fora Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A, sec 11 So as to allow: The construction of a 3 stall garage,kitchen expansion, mudroom,front porch, screened rear porch,new driveway, sewer connection and associated grading and landscaping located within the Non-Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date,the Planning Bo rd vo PROVE, the Watershed Special Permit,based upon the following con ons• Signed: o Angles Chairman Cc: Applicant rpz e White,Vice Chairman Engineer Schwarz, Clerk Abutters Rick Nardella DPW John Simons Building Department James Phinney Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 316 Johnson Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Eugene & Judith Riley, filed on April 9, 2004. The area affected is located at 316 Johnson Street in the R-3 Zoning District, Map 37D, Lot 25. The lot was created prior to 1960 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of a 3 stall garage, kitchen expansion, mudroom, front porch, screened rear porch, new driveway, sewer connection and associated grading and landscaping located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. Public hearings were held on May 4 and June 1,2004. FINDINGS OF FACT: In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board 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 its findings on the following facts: a) The proposed structures must be connected to the Town sewer system; b) A covenant will be placed in the deed restricting and limiting the types of fertilizers. that can be used on the site. The applicant has submitted a manufacturers product sheet for the proposed fertilizer to be used on site. The product produced by Simplot Partners is "3-3-2 100%organic, w/l.25% Fe, 1% Ca". 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 structure and appurtenances. All activities will be conducted in previously disturbed areas. e) The square footage of the proposed structures will total less than 25% of the gross floor area of the existing structure. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone, for any discharge, structure or activity,associated with the proposed project. 3. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is accessory to an existing single family; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; stormwater mitigation and infiltration structures will be installed on site and maintained in perpetuity; e) 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. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 2)SPECIAL CONDITIONS: a) This Special Permit is being issued for a single family residence only, with exception for the potential to add a family suite in accordance with the requirements of the North Andover Zoning Bylaw. b) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: • Town of North Andover Planning Board Application for Watershed Special Permit filed by Eugene & Judith Reilly, 316 Johnson (application package includes application, abutter list, topographic map, soils map, narrative, Entech Analytical Labs document and architect letter dated April 7,2004); • Certification letter prepared Merrimack Engineering dazed May 10,2004. • USGS Streamflow statistics report. • Simplot Partners manufacturers product sheet for the organic fertilizer. • Plans entitled: Site Improvement Plan of Land Sheets 1-5, prepared by Merrimack Engineering, Inc., 66 Park Street, Andover, MA 01880, revised May 13, 2004; Proposed Landscape LaXout Plan, prepared by Hugh J. Collins, Jr. Landscape Designer,Inc., 225 Main Street, Wenham, Mass. 01984, Revised May 12,2004. c) The southern driveway may not be paved, and must remain an impervious material in perpetuity. Any changes to the material applied to the driveway,that differs from the approved plan, must be reviewed and approved by the Town Planner. d) 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. e) Stormwater management structures must be maintained in perpetuity by the homeowners. 3) PRIOR TO ANY WORK ON SITE: a) A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c) Erosion controls as shown on the referenced plan must be installed and must be reviewed and approved by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) Wetland resource area boundary flags must be in place and reviewed by the Town Planner. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Only organic or slow release lawn or garden products shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. 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. b) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must delivered to the Planning Department 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) Foundation Plan: Immediately upon completion of the addition/garage foundations and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (F-P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 6) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a written stamped and signed,certification letter from the design engineer stating that the site was constructed in accordance with the approved plan, in addition to certification that the drainage structures have been properly installed. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition 4e. 8) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11) This Special Permit approval shall be deemed to have lapsed June 1, 2006(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board cc: Applicant Engineer File Town of North Andover Planning Board Application for Watershed Special Permit A Please type or print clearly. Eugene and Judith Reilly 1. Petitioner: Petitioner's Address: 316 Johnson street, North Andover, MA 01845 Telephone number: 978-681-0908 2. Owners of the Land: Eugene and Judith Reilly Address: 316 Johnson Street, North Andover, MA 01845 Number of years of ownership: 10 years 3. Year lot was created: Prior to 1960 4. Is the lot currently on septic or sewer? septic If on sewer,please provide date the sewer connection was completed: 5. Description of Proposed Project: Site improvements to include: driveway to garage for 3 cars, kitchen expansion, mudroom, front porch, screened rear porch renovation, new driveway relocation, sewer connection, and associated grading and landscaping, 6. Description of Premises: Established single family residence with detached garage, two driveways, stone wall along side and rear of dwelling uphill of intermittent brook and associated bordering vegetated wetland. 316 Johnson Street 7. Address of Property Being Affected Zoning District: Residential District 3 Assessors: Man: 3 7 D Lot#__---Z-5 Registry of Deeds: Book#: 3795 Page#: 132 8. Existing Lot: Lot Area(Sq.Ft) 206, 126 BuildingHeight Street Frontage: 500 '-± Side Setbacks: 162'+, 286 '+ Front Setback: 301 Rear Setback: 303' + Floor Area Ratio; N/A — Lot Coverage: 1q.1,Ti 9. Proposed Lot(if applicable): N/A Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: I > CD 10. Required Lot(as required by Zoning Bylaw): Res. 3 Lot Area(Sq.Ft) 25,000 Building Height 361 Street Frontage: 125' Side Setbacks; 20 Front Setback: 30' Rear Setback: 30 Floor Area Ratio: – Lot Coverage: – 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) - 2092 #of Floors: 3 story , Total Sq.Ft. • --I6—85 Height: W+ '+ Use:' Single Family Rpsi AAnce Type of Construction Wood Frame 12. Proposed Building: ' Ground Floor(Sq.Ft.) 2474 #of Floors: 2 story Total Sq.Ft. '70 67 Height: 3 Use: Garage, great room, Type of Construction Wood Frame kitchen, 'mudroom 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so,when and for what type of construction?' – 14. Section of Zoning Bylaw that Special Permit Is Being Requested Section 4. 136 Watershed Protection District 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 tiled 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 he responsible for all expenses for tiling and legal notification. Failun;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: A ! r�, Print or type name here: V Gj/s"�! VV 0J \ Owner's Signature:_ j Print or type name here: 16. Please list title of plans and documents you will be attaching to this application. Site' Improvements Plan Project narrative Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing- REQUIREMENT: istingREQUIREMENT: 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 fine 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.* Subject Property: MAP PARCEL Name Address 37D 25 Reilly,Eugene 316 Johnson Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 37D 18 Ridgewood Cemetery PO Box 22 North Andover,MA 01845 37D 24 Ridgewood Cemetery PO Box 22 North Andover,MA 01845 37D 26 Damin Realty Trust 340 Johnson Street North Andover,MA 01845 37D 27 Ridgewood Cemetery PO Box 22 North Andover,MA 01845 38 15. Mihalchik, David&Leanne 364 Johnson Street North Andover,MA 01845 38 63 Demers,Michael&Maura 2 Abbott Street North Andover,MA 01845 38 160 Gatto,Vincent 417 Abbott Street North Andover,MA 01845 38 161 Hermans,Joseph&Shirley 429 Abbott Street North Andover,MA 01845 97 19 Pyle,Duncan Sage 280 Johnson Street North Andover,MA 01845 97 24 Pyle,Duncan Sage 280 Johnson Street North Andover,MA 01845 97 25 Pearson,Donald 521 Salem Street North Andover,MA 01845 97 27 Salisbury,Chanes 301 Johnson Street North Andover,MA 01845 97 36 Packard,Mary PO Box 181 North Andover,MA 01845 97 72 Sparks,Kevin 325 Johnson Street North Andover,MA 01845 97 91 Salisbury,Elsie 301 Johnson Street North Andover,MA 01845 98A 1 Leeman,John 45 Pine Ridge Road North Andover,MA 01845 Date 4/5/2004 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certifi by: to o� jK %3 DO` .,fin cr/ 4729 W • c p N 3 x / •• 200 •� '� w. 04 oo, Mu • 0 10 25 j/ 33 0 . �!` �� •t-�i • • r 'pit. — t_. rad 'fin • • cherry ' J 40, A14 f 125, • #� Ree L,L�( 4 1 � \J • Q 3 3l -TO HW'SO W ST; \• • ESSEX COUNTY, MASSACHIiSETTS, NORTHERN PART — SHEET NUMBER 30 PcE PcE } CmD COB AD n PbD PaD t a _ ' StB Stc e St8 PaB PaD PaC CrC CmC E wsB SIG Raq MB Pad RdA RIB �46�O u° �`O GHQ CSO \WeA We •Pb6 CmC n a Pae a Pae p r H E W° C K $e 06 CaB Wh CDE UD eP �' WsB \ do t# CoC COG 5 • ;�� •_ �t �x - SuB ti SuC,•.•UD CmC ;� CoD �a PaB PbD WWI GoC' \ Q g C StC �_. 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Wh F �I �j/" A \q — s Pbb _ S g Su8 1 S '3 G.` ) SgC i PaMills �i C.. oQD — - brb PaB Hill S B RIB p CbB � ``'9 12dA �..\ Sr6 CaBSrA HfC *3 "� P q: ShC IB Sh [i} Cb8 t;bC SUB 9 M'h9 Ivio 4 C Sh6 9 igrA' Se ShB WaA SrB NARRATIVE Eugene and Judith Reilly are planning to undertake an extensive renovation of their current residential property at 316 Johnson Street. The existing house will be renovated as well as the construction of a three car garage,breezeway, and additional living space. They also plan to make two(2) sewer connections to a new 8"PVC sewer main which is scheduled for construction by the Town in June,2004. Their existing subsurface sewage disposal system will then be abandoned upon completion of the sewer extension and their own sewer connection is made. The scope of work on their property also includes the relocation of the southerly driveway,two(2)bluestone terraces,and a substantial amount of landscaping as appropriate to enhance and accentuate the property. No further alteration of previously undisturbed land surface is proposed. Erosion controls shall be set in place along the limits of proposed alterations prior to start of construction activities. Temporary soil stockpiling shall occur in the specifically designated areas. Since the project site and the proposed activities are located within the 100 foot Non-Disturbance Zone, a Special Permit is required to allow only the allowable activities as proposed to be constructed,based on the local by-law. The combined gross floor area of the proposed building additions excluding the open porch and garage floor areas is slightly less than the 25%maximum allowable increase in the gross floor area of the existing single family residence. See the attached floor area tabulation as prepared by the project architect. The existing sewage disposal facility and components shall be abandoned appropriately upon completion of a sewer connection from the dwelling to a sewer soon to be extended in Johnson Street to this property. This off-site sewer extension project is scheduled to be done in the spring of 2004,under the direction of the North Andover Department of Public Works. The proposed lawn and landscaped area will be fertilized only with organic—type slow release fertilizer, subject to approval of the Planning Board and Conservation Commission,to ensure that there will be no negative impact from nitrogen loading concentrations upon downstream properties. The existing site has impervious surface areas: structures- 3050 sq. ft.;pavement— 1660 sq. ft. for a total of 4710+/-sq. ft. The proposed site alterations result in an increase in impervious surface area: structures—4,561 sq. ft.;pavement—7,378 sq. ft. for a total of 11,939 sq. ft. The overall increase is: 11,979-4710 or 7,229 sq. ft.,not including terraces. It is proposed to directly discharge all of the roof runoff from the proposed additions to a proposed subsurface roof drain leaching basin within the driveway. The runoff from the proposed driveways will be treated to retain and filter any pollutant matter prior to recharging or discharging. The driveway runoff will be directed to a catch basin(C.B.)which will have a four (4) foot deep sump and gas trap affixed to the outlet pipe from the C.B.to the leaching basin. A fossil filter is proposed for installation just below the catch basin grate. The purpose of the fossil filter is to achieve significant pollutant removal,primarily gas,oil, grease and suspended solids such as grit and sand. These pollutants could be generated within the proposed driveway leading to the proposed three car garage. Substantial pollutant removal in the pretreatment of surface runoff prior to discharging into the proposed leaching basin to achieve significant recharge volume is the objective. The area of proposed driveway pavement which will generate runoff to the proposed catch basin is approximately 2000 sq. ft. For a two year storm, a rainfall event of 3.1"in a period would generate a runoff volume of approximately 520 cubic feet(3900 gallons). Using a soil permeability rate of 0.2 inches/hour over the bottom area of the I V x 14' leaching basin, a recharge rate of 2.5 cu. ft.per hour can be realized. In a 24 hour period,60 cubic feet can be recharged. Therefore,with a storage volume capacity of 180 cubic feet,the excess runoff volume(520-60-180=280 c.f.)from the 2 year storm would be discharged as overflow through a proposed 6"pipe to be installed through the existing stone wall to a proposed small rip-rap splash pad below which will be ahead of a proposed grass lined treatment swale. These two(2)proposed subsurface leaching basins shall be installed beneath the proposed driveway pavement, and shall be surrounded with crushed stone. The parent soil at this location is verified by a Soil Evaluator as loamy sand(Paxton—Hydrologic Soil Group"C"),with an estimated seasonal high water table(E.S.H.W.T.)at 56"below existing grade; (E1=240.8).. A similar leaching basin for the runoff from the building addition roof areas is proposed to be installed adjacent to the driveway runoff recharge leaching basin. The total roof area of the proposed addition is approximately 1770 sq. ft. The capacity of this leaching basin is also 180 cu. ft., same as the other proposed basin. The excess storm runoff will be discharged through a similar overflow system,then onward toward the wetland below achieving further treatment and removal of any pollutant matter. As part of this proposed building construction project,there will be a further landscaping enhancement of the exterior surrounding the building. Specifically,there are two (2)proposed terraces in conjunction with walk ways to be located in the front of the dwelling and in between the dwelling and the proposed garage. The proposed finish surface treatment in these terraces is bluestone set on a sand/gravel base. No mortaring of the joints or spaces between the flat bluestone inlays is required. This style lends itself to infiltration of surface runoff to the subsoil directly beneath the bluestone terrace area. There will be a slight pitch to these areas which will allow for surface runoff to flow away from these terraces toward lawn areas,particularly during high intensity rainfall events and when the ground below is frozen. The existing stream channel,which runs through the subject project site,has been determined by D.E.P. to be an intermittent stream with an associated Bordering Vegetated Wetland(B.V.W.)(based on a nearby property at 383 Johnson Street). The proposed garage addition will be approximately 53 feet from the B.V.W.,whereas the existing 90+ year old house is situated approximately 34 feet from the B.V.W. SPECIAL PERMIT UNDER SECTION 4.136 The project site is located within the Watershed Protection District,which is establised to protect the watercourses surrounding and including Lake Cochichewick,the sole drinking water supply source for the Town of North Andover. A Special Permit must be applied for and obtained prior to commencement of the proposed site improvements as shown on the accompanying plan,or as subsequently approved and conditioned by the Planning Board. The project has an intermittent stream which exists within a bordering vegetated wetland(B.V.W.). The existing dwelling is at least 90 years old. Therefore,any proposed work or alteration in the 100 feet non-disturbance zone from the edge of the delineated B.V.W. shall be subject to the requirements specified in the zoning by-laws under Section 4.136 Watershed Protection District. The regulations pertaining to this district relate to the preservation and maintenance of groundwater. There is approximately 21,500 square feet of proposed alteration(work)in the non-disturbance zone between 25 feet and 100 feet from the wetland.No work is proposed within 25 feet of the wetland. All of the work as proposed is typical of the type of permitted by the Special Permit Granting Authority(S.P.G.A.), which is the Planning Board,under a Special Permit. The design of the site improvements include Best Management Practices which serve to improve the quality of storm runoff prior to discharge from the site or where recharge facilities are proposed. For example, the volume of runoff required to be recharged is 0.1"x 7,229 square feet or 60.2 cubic feet, whereas approximately 360 cubic feet of recharge volume capacity is being provided, as proposed on the plan. The two(2) leaching basins can handle this capacity from the proposed building roof area and a large portion of the proposed driveway to the 3 car garage. The runoff from the remaining driveway areas will be discharged into grass-lined treatment swales (40 feet and 50 feet in length)prior to discharge over existing vegetation in the 25 foot no-disturb zone. These stormwater management systems shall serve to adequately address the requirements of this bylaw. r Entech Analytical labs, Inc. CAELAP#1369 52S Del Rey Avenue,'Suite E • Sunnyvale, CA 94086• (408) 735-150 • Fax(408)735-1554 FOSSIL ROCK C6ar6etedutitnu Projekt OBJECi`1YE: Dawmi ae the abirty of FO M ROCK to mnove vatting*vds of a wl&VMV of comminau oomwady f and in bndaeuid stow w*W dischK VL SCOPE: Tes*9 was 90a8uotod at 1Bgk and Loan foLtive c000patrations Sir 60£020w*5 sets of coaata�nts: • Diesd Motor OB Gasofte Oil do Greasy Heavy MoUls PROMDURE: See Atted ,mmt for wmmaryoffitmtm atnd=841MV400dum YJNMTS(in%stat of cxeofaailmd9 a)art summazi nd below for ead W caotaminant Conaminanb LawY.ard CoaoantratloeWeb LsvdChaUlm H Metab No t stile No dgftm FLMMe' Guolise 55X% 6U*A Diad 93.6eK 99AWo - �- motor On 194JOA 99.Zsifi F- Oil&Grease j SSA'N. 153.6w 1. ()(do 17 Mob Ceded,AtMik►M ay aadTlatUM bU dgai6Cat ( ),i m mmdwd valmbdm fiftmfioa See Mubmmt Lor oos eeeMlyticatswaft I his dimV is most Maly dae to d=ptiw aLMesot Oil by Fosa't Rode u Sts -92 f Loteuicn is Solt.Mmor Oil and Slut. veSebbb Oli CONGT•DSIONS: 1. Based on the abm tosting Frig$ods dw*e vbm*A Dred and 1Miotoor 01 Present in water as it saws throw the metedmi 2. Based on the above tesft*Fad Re*dMM man dM 5Q%oftht dasogne pyre w in wata as hL sows tbeou**0 Mttedai. 3.. Based on dna above testing Fan'i Rock dnae not abw*sit amobnts ofHeavy Metals or Non petrola n bayed OB a Ga=n as it Sows dwigh du msted&L t jwk. Nficbad N_Golden,I,ab Aiutactor Environmental Analysis Since 1983 ROB BRAMHALL ARCHITECTS April 7, 2004 Mr. Bob Daley Merrimac Engineering 66 Park Street Andover, Massachusetts 01810 Dear Bob: The following are the square footages for the Reilly residence in North Andover that you requested for your applications. I have broken them out per floor and they are as follows: The square footage for the project is as follows: Existing Basement Heated 1275 Existing 1st Floor 2092 Existing 2nd Floor 1393.5 Existing 3rd Floor 925 TOTAL 5685.5 New area above screened porch 186 New Kitchen area and Mudroom 382 New 2nd level Garage 814 TOTAL 1382 The%increase is 1382/5685.5=.2431 Please let me know if you have any questions or need anything else for your application Sincerely, ROB BRAMHALL ARCHITECTS, INC Robert A. Bramhall, AIA Cc. Gene Reilly 38 Main Street Andover,Massachusetts 01810 Telephone:978 749 3663 Facsimile:978 749 9659 r1� 310 CMR 10.99 c ri ..' Form 21 rr R DEP File No. I JVL2 tp (To be provided yDEP) _ Commonwealth City town North Andover of Massachusetts Applicant Ogden June 30, 1993 Date Reouest Filed #316 Johnson Street Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority To Warren Ogden III 4^ma (Name of person making request) (Name of property owner) Address 100 Maple Tree Avenue Address Same Stamford, Ct 06906 This determination is issued and delivered as follows: 0 by hand delivery to person making request on G• 7- (date) 7 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 Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): Location: Street Address #316 Johnson Street. Lot Number: 1. Cl 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. The work described below, which includes all/part of the work described in your reouest, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter,that area.There- fore. said work requires the filing of a Notice of Intent. Effective 11/10/89 2.1 3, 7 The work described below, which includes all;part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2, ❑ The work described in your request is within an Area Subject to Protection Underthe 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. X The work described in your request is within the Buffer Zone. as defined in the regulations. but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the f Intent. N to filing of a Notice o 4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the foliowino exemption.as specified in the Act and the regulations, no Notice of intent is required II Issued by NORTH ANDOVER Conservation Commission Signatures) I PO J This Determination must be signed by a majority of the Conservation Commission. On this 7A day of—%-70 kV before me personally appeared Gi-ORGxr- J. . Ri5/ to me known to be the person described in.and who executed, the foregoing instrument, and acknowledged that he!she executed the same as his her tt'ee act and deed. . s 9g9g ,,SAJU r L. t5)i FMA) —T Otary Public My Commission expires This Deterraeinafion aces not relieve the apolicant from comDiyino with au other acoliczc!e federal.state o•Iota!statutes.ordinances. pyiaws or regulations.Tnis Determination shall be Valid for three years form the Gale of issuance The applicant,the owner,any person aggrieved by this Determination,any owner o!land abutting the lana upon which the or000sed work is tops done,or any ten residents of the city or town in which such land is located,are hereby notified o!tneir vont to reouest the Department of Environmental Protection to issue a Supersedino Determination or Applicaoildy,proviomg the reouest is mace by cerldlea maii or hand delivery to the Deparment,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten nays from the date of issuance of this Determination.A copy of the reouest Shali at the same time be sent by certified mad or nano oeuvery to the Conservation Commission and the applicant. 2.2A