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Home My WebLink AboutMiscellaneous - 357 DALE STREET Town of North Andover °°A Office of the Planning Department Community Development and Services Divis "' r r' Osgood Landing CH 1600 Osgood Street Building#20,Suite 2-36 29,08 24 -3 PM 4: 12 Lincoln Daley North Andover,Massachusetts 01845 Town Planner P(978)688-9535 Y T F(978)688-9542 � 1 Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20&December 4 2007 Date of Decision: December 4, 2007 Petition of: Fred McCarthy,357 Dale Street, North Andover, MA 01845 Premises Affected: 357 Dale Street,North Andover,MA 01845,Assessor's Map 64,Parcel 24 within the Residential 1 Zoning District. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10& Section 4.136 of the Zoning Bylaw for a Watershed Special Permit so as to allow: to raze the existing single-family residence and construct a new 2, 035 s.f single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non-disturbance Buffer Zone of the Watershed Protection District. At a public heating given on the above date for a Watershed Special Permit for 357 Dale Street,Lot 64,Parcel 24,the Board voted unanimously in favor based on the following conditions: Signed: Richard Nardel a, Chairman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence r- December 4,2007 The public hearing on the above referenced application was opened Novep2 2007 and close�by the North Andover Planning Board on December 4, 2007. Benjamin Osgood,Jr., . Idv�"l nd Engineering Services,Inc. was present and represented the applicant. On December 4, 2007,upon a motion made by Richard Nardella and 2nd b r A f les,the Planning Board voted to GRANT a Watershed Special Permit to raze the existing sing t�xmr rip and construct a new 2,035 s.f single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non- Disturbance Buffer Zone of the Watershed Protection District,under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Frederick J. McCarthy, 357 Dale Street,North Andover,MA 01845 on October 19,2007. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a unanimous vote of 6-0. A Special Permit issued by the Special Permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. 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. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: A) The proposed structure will be connected to Town sewer. B) The topography of the site will not be altered substantially. C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence as shown on the plan;and D) A deed restriction will be placed restricting the types of chemicals(fertilizers,pesticides,herbicides, salts)that can be used on site. E) The project as proposed will result in the cumulative reduction of approximately 2,513 s.f of impervious surface. Approximately 2,700 s.f.of additional impervious surface related to the driveway extension and pool may be removed at a future date allowing for further infiltration and purification of storwater runoff. F) The construction of the single-family residence and pool has been reviewed by the Town Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of 2 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Disturbance and Non-Discharge Buffer Zone for any discharge, structure or activity. The location of the proposed single-family residence was designed to maintain the functionality of property while minimizing the impact to the environment and neighboring properties. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following FINDINGS OF FACT: 1) 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; 2) The uses will not adversely affect the neighborhood,as the lot is located in a Residential 1 Zoning District and are accessory uses to an existing single-family dwelling.The proposal includes the planting of 21 Spruce,Hemlock,and Pine trees along the southern portion of the property to further screen the proposed single-family residence. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use. 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: A) The"Locus"refers to the 122,045 sq. ft.parcel of land with legal frontage on Dale Street as shown on Assessors Map 64,Parcel 24,and also known as 357 Dale Street,North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by New England Engineering Services,Inc.dated October 19, 2007,revised November 13,2007,November 20,2007 entitled"Site Plan, 357 Dale Street, North Andover,MA 01845,Assessors Map 64,Lot 24"and consisting of Sheet 1 of L C) The"Project"or"357 Dale Street"refers to razing the existing single-family residence and constructing a new 2,035 s.f. single-family residence,removal of portion of impervious driveway, associated grading work and drainage/stormwater management improvements,and other improvement shown on the"Plans"as defined above. D) The"Applicant"refers to Fred McCarthy,357 Dale Street,North Andover,MA 01845,the applicant for the Special Permit. 3 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit-Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 2) 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. 3) Prior to any Work on Site: A) A performance guarantee bond of two thousand dollars($2,000.00)made out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of any other condition contained herein 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 limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. C) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department during each phase of construction. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved Watershed Special Permit for this project. D) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: A) The Planning Board must endorse the final site plan mylar and three copies of the signed plans must be delivered to the Planning Department. B) The decision, including the Construction Sequence Schedule,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) No pesticides,fertilizers or chemicals 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. 5) Prior to 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 certification from the design engineer that the site was constructed as shown on the approved plan. B) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 6) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#13. 7) The terms and conditions of this special permit shall also include the removal of impervious surface relating to the existing pool and asphalt driveway extension along the western portion of the property. The Project Owner shall notify the Town Planner in writing of the removal of said pool and driveway extension. The applicant,its employees and all successors and assigns in interest or control shall employ Best Management Practices for the removal and potential reuse of materials onsite. 8) The Project Owner shall employ and adhere to the construction sequence schedule developed by New England Engineering Services,Inc.dated 12/11/07 throughout the duration of construction and the removal of the driveway extension and pool.Any changes or modifications to the construction schedule shall be submitted in writing and approved by the Town Planner. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 12)This Special Permit approval shall be deemed to have lapsed December 4,2009 (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. 13) This decision must be filed with the North Essex Registry of Deeds.The following information is included as part of this decision: A) Plan titled: Site Plan 357 Dale Street North Andover,Massachusetts 01845 Assessors Map 64,Lot 24 Prepared for: Frederick McCarthy 357 Dale Street North Andover, Massachusetts Prepared by: New England Engineering Services,Inc. 1600 Osgood Street Building 20,Suite 2-64 North Andover, Massachusetts Scale: 1"=20' Date: October 19,2007,Revised 11/13/07, 11/20/07 Sheets: 1 5 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Z Engineer v x Filey w i J 6 Town of North Andover f NORT,, Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover,Massachusetts 01845 'SSAC„ys�� bU://www.townof-northandover.coni P (978) 688-9535 P (978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY JANUARY 1,2008&JANUARY 8,2008. CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OFPUBLIC BEARING,TUESDAY,JANUARY 15,2008 @ 7:00 P11L In accordance with the provisions of M.G.L. Chapter 40-A,Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Site Plan Review Special Permit under Section 8.3 and 10.3 of the North Andover Zoning Bylaw respectively. The Applicant seeks permits to construct a 20,540 s.f.2 floor masonry and steel building to serve as the location of a pet care facility within the I-2 Zoning District. Applicant/Petitioner: The DF Parker Company,LLC One Parker,Lawrence,MA 01843 Owner: City of Lawrence through the Municipal Lawrence Airport Commission, 492 Sutton Street Lawrence,MA 01840 Address of Premises Affected 500 Sutton Street(at the intersection of Old Clark Street, Sutton Street and the airport emrance drive). Assessors Map and Lot: Map 74,Lot#I B Public Hearing Date&Time Tuesday,January 15,2008 @ 7:00 PM. Location of Public Hearing Town Hall, 120 Main St.,North Andover,MA 2 'floor c/r. All interested persons may appear and be heard. Persons needing special accommodations and/or those interested in viewing the application materials should contact the North Andover Planning Department at(978)688-9535. Richard Nardella,Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 e Town of North Andover cf N�orH�ti Office of the Planning Department �? p Community Development and Services Division - 1600 Osgood Street North Andover,Massachusetts 01845 b-U://www.townofnorthandover.com P (978)688-9535 P (978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY JANUARY 1,2008&JANUARY 8,2008. CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,JANUARY 15,2008 @ 7:00 PM. In accordance with the provisions of M.G.L. Chapter 40-A,Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Site Plan Review Special Permit under Section 8.3 and 10.3 of the North Andover Zoning Bylaw respectively. The Applicant seeks permits to construct a 20,510 s.£2 floor masonry and steel building to serve as the location of a pet care facility within the 12 Zoning District. Applicant/Petitioner: The DF Parker Company,LLC One Parker,Lawrence,MA 01843 Owner: City of Lawrence through the Municipal Lawrence Airport Commission, 492 Sutton Street Lawrence,MA 01840 Address of Premises Affected 500 Sutton Street(at the intersection of Old Clark Street, Sutton Street and the airport entrance drive). Assessors Map and Lot: Map 74,Lot#1-B Public Hearing Date&Time Tuesday,January 15,2008 @ 7:00 PM. Location of Public Hearing Town Lig 120 Main St.,North Andover,MA 2 d floor c/r. All interested persons may appear and be heard. Persons needing special accommodations and/or those interested in viewing the application materials should contact the North Andover Planning Department at(978)688-9535. Richard Nardella, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers ifGAEwm1 NORTH A D01tER'rj;%ANWING BOARD`: ,,;'F10TIC�°i:�F Pt1BL�(C HE4�tING, 46LSDAY,J [7gETf 1 :20Q8PiN F in aocordano mint the,pron itr§ f 1 'i Chapter.4 �l,S rteW�lortloue�p " —80 ard° P�arr1 ""� awe• Mud ". F rl el`�B} tLocat�or t i4 t ' eanT o ial a Cil im Street,2ndttoor c Y ., pm Any person interested or.vftNng to.be heard on the,proposed:plan should appear at.he time and place dcs gnated ab6w' Richafd Nacdella;Cipairman Mrth Andbver° :.ET 12/2911)7 1�t/08 k P�annmg Board . �� I t � NORTH Town of North Andover Office of the Planning Department x Community Development and Services �'hqD Osgood Landing r SSACHOS 1600 Osgood Street ., Building#20,Suite 2-36 2008 JAN —a PH 4: 12 Lincoln Daley North Andover,Massachusetts 01845 Town Planner .A- P(978)688-9535x ; `f F(978)688-9542 MA S, NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20&December 4 2007 Date of Decision: December 4, 2007 Petition of Fred McCarthy,357 Dale Street,North Andover,MA 01845 Premises Affected: 357 Dale Street,North Andover,MA 01845,Assessor's Map 64, Parcel 24 within the Residential 1 Zoning District. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10& Section 4.136 of the Zoning Bylaw for a Watershed Special Permit so as to allow: to raze the existing single-family residence and construct a new 2, 035 s.f. single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non-disturbance Buffer Zone of the Watershed Protection District. At a public heating given on the above date for a Watershed Special Permit for 357 Dale Street, Lot 64, Parcel 24, the Board voted unanimously in favor based on the following conditions: Signed: 0 6e Aw ,e Richard Nardel a, Chairman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,20071` "'E I V E rl - mar `— The public hearing on the above referenced application was opened November 20,2007 and closed by the North Andover Planning Board on December 4,2007. Benjamin Osgoo *.,AJf.;3e fKn419t Engineering Services, Inc.was present and represented the applicant. On December 4,2007,upon a motion made by Richard Nardella and 2ndles,the Planning Board voted to GRANT a Watershed Special Permit to raze the existIV,sglttl}i residence and construct a new 2,035 s.f. single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non- Disturbance Buffer Zone of the Watershed Protection District,under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Frederick J. McCarthy, 357 Dale Street,North Andover,MA 01845 on October 19,2007. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a unanimous vote of 6-0. A Special Permit issued by the Special Permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision,the applicant has the right,under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. 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. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: A) The proposed structure will be connected to Town sewer. B) The topography of the site will not be altered substantially. C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence as shown on the plan; and D) A deed restriction will be placed restricting the types of chemicals(fertilizers,pesticides,herbicides, salts)that can be used on site. E) The project as proposed will result in the cumulative reduction of approximately 2,513 s.f of impervious surface. Approximately 2,700 s.f.of additional impervious surface related to the driveway extension and pool may be removed at a future date allowing for further infiltration and purification of storwater runoff. F) The construction of the single-family residence and pool has been reviewed by the Town Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of 2 1 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Disturbance and Non-Discharge Buffer Zone for any discharge, structure or activity. The location of the proposed single-family residence was designed to maintain the functionality of property while minimizing the impact to the environment and neighboring properties. In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following FINDINGS OF FACT: 1) 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; 2) The uses will not adversely affect the neighborhood,as the lot is located in a Residential 1 Zoning District and are accessory uses to an existing single-family dwelling.The proposal includes the planting of 21 Spruce,Hemlock,and Pine trees along the southern portion of the property to further screen the proposed single-family residence. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use. 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: A) The"Locus"refers to the 122,045 sq. ft.parcel of land with legal frontage on Dale Street as shown on Assessors Map 64,Parcel 24, and also known as 357 Dale Street;North Andover, Massachusetts. B) The"Plans"refer to the plans prepared by New England Engineering Services,Inc.dated October 19, 2007,revised November 13,2007,November 20,2007 entitled"Site Plan,357 Dale Street, North Andover,MA 01845,Assessors Map 64,Lot 24"and consisting of Sheet 1 of 1. C) The"Project"or"357 Dale Street"refers to razing the existing single-family residence and constructing a new 2,035 s.f. single-family residence,removal of portion of impervious driveway, associated grading work and drainage/stormwater management improvements,and other improvement shown on the"Plans"as defined above. D) The"Applicant"refers to Fred McCarthy,357 Dale Street,North Andover,MA 01845,the applicant for the Special Permit. 3 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 2) 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. 3) Prior to any Work on Site: A) A performance guarantee bond of two thousand dollars($2,000.00)made out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of any other condition contained herein 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 limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. C) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department during each phase of construction. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved Watershed Special Permit for this project. D) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: A) The Planning Board must endorse the final site plan Mylar and three copies of the signed plans must be delivered to the Planning Department. B) The decision, including the Construction Sequence Schedule,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) No pesticides, fertilizers or chemicals 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. 5) Prior to 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 certification from the design engineer that the site was constructed as shown on the approved plan. B) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 6) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#13. 7) The terms and conditions of this special permit shall also include the removal of impervious surface relating to the existing pool and asphalt driveway extension along the western portion of the property. The Project Owner shall notify the Town Planner in writing of the removal of said pool and driveway extension. The applicant,its employees and all successors and assigns in interest or control shall employ Best Management Practices for the removal and potential reuse of materials onsite. 8) The Project Owner shall employ and adhere to the construction sequence schedule developed by New England Engineering Services,Inc.dated 12/11/07 throughout the duration of construction and the removal of the driveway extension and pool.Any changes or modifications to the construction schedule shall be submitted in writing and approved by the Town Planner. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 12) This Special Permit approval shall be deemed to have lapsed December 4,2009(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. 13) This decision must be filed with the North Essex Registry of Deeds.The following information is included as part of this decision: A) Plan titled: Site Plan 357 Dale Street North Andover,Massachusetts 01845 Assessors Map 64,Lot 24 Prepared for: Frederick McCarthy 357 Dale Street North Andover,Massachusetts Prepared by: New England Engineering Services,Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover,Massachusetts Scale: 1"=20' Date: October 19,2007,Revised 11/13/07, 11/20/07 Sheets: 1 5 357 Dale Street,North Andover,Map 64,Parcel 24 Watershed Special Permit—Raze Existing Single-Family Residence& Construct New Single-Family Residence December 4,2007 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File rq 6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Frederick McCarthy use the return a. First Name b.Last Name c.Company key. 357 Dale Street d.Mailing Address hNorth Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: a.Street Address b.City/Town c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) c. Book d.Page 11/2/07 7. Dates: a. Date Notice of Intent Filed b.Date Pu is Hearing Closed C.Date dt Iss ante s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title New England Engineering Services Inc. Benjamin C. Osgood, P. E. b. Prepared By c.Signed and Stamped by 10/19/07, revised 136 07 V =20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $220.00 $42.50 $177.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc rev.3/1/05 - Page 1 of 9 [LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that appfy: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution f. ® d. ® Private Water Supply e. El Fisheries Protection of WildlifeHabitat g. ® Groundwater Supply h. E Storm Damage Prevention i. Z Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10:05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt 14. ❑ Coastal Banks a. linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final Until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1417 wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14, The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessaryto comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 p Y additional conditions, See attached select box to attach a text document wpaform5.doc• rev.311/05 Page 6 of 9 DEP FILE #242 -1417 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\242-1417\357DaleSt.doc 1 NACC 12/20/2007 DEP FILE # 242 -1417 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 is issued under File No. 242-1417. 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: The razing of an existing single-family dwelling for the construction of a new SFH, removal of a portion of existing pavement, utility installation (water and sewer) and planting activities within the buffer zone to, a Bordering Vegetated Wetland (BV4). Additional work activities were proposed during the public hearing to include the removal/razing and burial of an existing pool and removal and burial of additional driveway pavement within the buffer zone as described on the approved plan referenced herein. However,these additional work activities were not approved by the NACC as described and referenced on the approved plan. Should the applicant decide to conduct any work activities not approved within the scope of the initial Notice of Intent filing as described above, the applicant shall submit a modification/amendment or a separate filing, whichever is appropriate, to the NACC for subsequent review and approval. 29. The NACC hereby GRANTS the applicant a waiver to work within the regulated 25- foot No Disturbance Zone and 50-foot No-Build Zone for the purposes of removing portions of existing pavement areas and for the installation of plantings for buffer zone restoration. The NACC finds that the approved restoration activities are necessary to prevent future inadvertent encroachment into the wetland resource areas. 30. The NACC finds the applicant's proposal of 21 Spruce,Pine, and Hemlock tree row along the 25-foot No-Disturbance and the buffer zone restoration area consisting of five (5) Highbush Blueberry (Vaccinium corybosum),one (1) Red Maple (Acer Rubrum), and two (2) Oaks behind the existing Basketball Court to be adequate for previous disturbances within the No-Disturbance Zone and to prevent future inadvertent encroachment into the wetland resource areas. 31. The buffer zone restoration area and the Spruce,Pine, and Hemlock row shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section 8.3 (p.37) of the local Regulations for performance standards). C:\Winword\OOC\242-1417\357Da]eSt.doc 2 NACC 12/20/2007 DEP FILE #242 -1417 32. A qualified wetland scientist shall monitor the restoration area and for TWO FULL GROWING SEASONS (spring and fall) upon installation of the plantings. At the end of each seasonal inspection,a progress report shall be prepared and submitted to the Conservation Department that describes the survivability,health and vigor of the planted species. A total of FOUR separate monitoring reports for the restoration area and Evergreen row shall be submitted over a two-year period. If at the end of the first growing season, overall success of the planting activities is not achieved,the NACC reserves the rights to require additional mitigation measures. 33. The restoration activities described above shall be performed in accordance with the approved plan referenced above. 34. The work shall conform to the following: Notice of Intent filed by: Fred McCarthy (Applicant) 357 Dale Street North Andover, MA Received November 2,2007. Prepared by: New England Engineering Services, Inc. (Representative) 1600 Osgood Street,Suite 2-64 North Andover, MA 01845 Site Pians prepared by: New England Engineering Services,Inca Entitled: "Site Plan", dated October 19,2007(initially filed plan) and November 13,2007,last revised November 20,2007. Stamped & Signed by Benjamin Osgood,Jr. P.E. Other Record Documents: Letter prepared by Eugene Willis,P.E., Director of Engineering, dated November 5,2007. 35. 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. 36. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein. 37. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas, a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of C:\Winword\OOC\242-1417\357DaleSt.doc 3 NACC 12/20/2007 DEP FILE #242 -1417 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). 38. 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, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 39. 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 40. 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 41. 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. 42. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. C:\Winword\OOC\242-1417\357DaleSt.doc 4 NACC 12/20/2007 DEP FILE # 242 -1417 43. 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 242-1417." 44. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. 45. 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. 46. Prior to any work commencing on site,the applicant shall submit to the NACC for review and approval,a detailed sequence of construction,including a dated timetable of construction, installation of sedimentation/erosion control devices,any re-vegetation to be completed, and the installation of the utility tie-ins. 47. 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. 48. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The installation of silt fence only is not approved under this filing. 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 C:\Winword\OOC\242-1417\357DaleSt.doc 5 NACC 12/20/2007 DEP FILE # 242 -1417 impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. 50. A check payable to the Town of North Andover shall be provided in the amount of $4,000 ($3,000 for the SFH and $1,000 for required mitigation/enhancement plantings) shall be provided to the Town of North Andover, 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. 51. Prior to the construction of the single family dwelling, the corners of the foundation shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. 52. Prior to construction, the applicant shall permanently mark the edge of the No Disturbance Zone with ten (10) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. C:\Winword\OOC\242-1417\357Da]eSt.doc 6 NACC 12/20/2007 DEP FILE #242 -1417 53. The applicant shall designate a Qualified Professional 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 the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 54. 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 herein) 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. 55. 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, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting(e.g. 72 hours). DURING CONSTRUCTION 56. Accepted engineering and Best Management Practices BMPs for construction standards g ( ) shall be followed in the conduct of all work. 57. Upon beginning work, the applicant shall submit written progress reports every week 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. C:\Winword\OOC\242-1417\357DaleSt.doc 7 NACC 12/20/2007 DEP FILE # 242 -1417 58. ON EVERY MONDAY of each week,or otherwise arranged by the NACC,in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect ect 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. The applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 59. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 60. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 61. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities 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. 62. 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. 63. Upon removal of the approved pavement area, the asphalt may be buried on site in accordance with the applicants assertion that this is an allowable activity by DEP pursuant to 310 CMR 16.05 (3) (e), so long as the asphalt or other associated materials are not buried within the 100 foot buffer zone to the wetland resource area. 64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until C:\Winword\OOC\242-1417\357DaleSt.doc 8 NACC 12/20/2007 DEP FILE # 242 -1417 climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 65. 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. 66. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 67. There shall be no stockpiling of soil or other materials beyond the limit of work or within twenty-five (25) feet of any resource area. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 69. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 70. 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 71. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 72. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or within the Riverfront 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. C:\Winword\OOC\242-1417\357DaleSt.doc 9 NACC 12/20/2007 DEP FILE # 242 -1417 73. 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. 74. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of. All exposed areas beneath said erosion controls shall be seeded for permanent stabilization. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the property owner 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 a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1417\357DaleSt.doc 10 NACC 12/20/2007 DEP FILE #242 -1417 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVW) resource area. Future work within 100' of existing resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (Condition #37); ➢ Discharge or spillage of pollutants (Condition#70); ➢ Prohibition of underground fuels (Condition#71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #72). C;\Winword\OOC\242-1417\357DaleSt.doc 11 NACC 12/20/2007 DEP FILE # 242 -1417 APPENDIX A—AFFIDAVIT I, (authorized agent of applicant and/ or owner) oath do hereby deposeose and state: (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of , 20---, I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1417\357DaleSt.doe 12 NACC 12/20/2007 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special f a b condition pursuant to General Conditions#4, from the date of issuance. 1.Date of lissuafice Please indicate the number of members who will sign this form: S This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, " not filing electronically, and the property owner, if different from applicant. Signatures: �T Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 11of �lLc.�ber 6IQ2 Day Month Year Before me, the undersigned Notary Public, 5r-0+1L Mo Sse 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 � DO A M.WEDGE H o?ARY PUBLIC COV%VIONWIALrH OF c Signature of Notary Public ' Printed Narpe of otary Public Place notary seal and/or any stamp above c,200 My Com issi Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Q/'by certified mail, return receipt requested,on Date Date wpaform5.doc• rev.311/05 Page 7 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.311105 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------ ------ To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 357 Dale Street 242-1417 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North 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.3/1/05 Page 9 of 9 ; w1 WATERSHED SPECIAL PERMIT APPLICATION p 357 DALE STREET' NORTH ANDOVER, MA 01845 " k PREPARED FOR : FREDERICK McCARTHY 357 DALE STREET NORTH ANDOVER, MA 01845 October 19,2007 PREPARED BY: NEW ENGLAND ENGINEERING 1600 OSGOOD STREET NORTH ANDOVER, MA 01845 WATERSHED SPECIAL PERMIT APPLICATION 357 DALE STREET NORTH ANDOVER, MA 01845 INTRODUCTION This application is being submitted to allow the construction of a replacement dwelling at 357 Dale Street,North Andover,within the watershed protection district. The project site,recorded with the Town of North Andover as assessor's map 64 lot 24, exists as a 122,045 square foot parcel in zoning district R-1 and the watershed protection district. The lot was created in prior to 1948 and conformed to zoning at the time or creation. The enclosed plans propose the construction of a new 2104 sq. ft. dwelling to replace the existing 2035 sq ft. dwelling within the non-disturbance buffer zone of a wetland. Listed below are the bylaw sections under which the special permit is requested. SPECIFIC SPECIAL PERMIT REQUESTS 4.136(3)(c)(ii)(1) Changes in topography or grade. Construction and grading for the proposed replacement dwelling will occur in the Non- Disturbance Buffer Zone. Grading associated with the new dwelling will be minimal. 4.136(3)(c)(ii)(2) Vegetation removal or cutting. Site preparation for the construction of the dwelling will require temporary removal of lawn. Upon completion of construction there will be a larger amount of lawn than currently exists on site. 4.136(3)(c)(ii)(4) Replacement of any permanent structure. This project calls for the construction of anew dwelling which will attach to the existing garage. The existing dwelling will be razed upon completion of the new dwelling. STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF A REPLACEMENT DWELLING 357 DALE STREET,NORTH ANDOVER,MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water runoff from impervious surfaces. • Chemical loading as a result of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters, i.e. Lake Cochichewick due to the following: • Erosion control consisting of double staked hay bales backed by siltation fence will be installed between the project site and the wetland area to prevent siltation during construction. • Environmental monitoring will be performed by Benjamin C. Osgood,Jr.,P.E. to insure all best management practices are exercised to prevent damage to wetland resource areas. • Due the fact that there will be less impervious area on site upon completion of the project there will be a decrease in storm water runoff and an increase in recharge to the groundwater. • The homeowner will agree to the use of organic and low nitrogen fertilizers and curtailing the use of pesticides will reduce the potential chemical loading in to adjacent wetlands. • The dwelling will be connected to the municipal sewage system. Application of the above measures will result in no increase in concentrations of nitrogen, phosphorous and other dissolved inorganic chemicals. The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 245 Bridle Path,North Andover. Benjamin C. Osgood, P.E. J g Jr., Town of North Andover Planning Board EE Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: �� errlk X M 6241%/ Petitioner's Address: t,7pr (LR C SA. Telephone number: YXf—(0109'`.93.3 2. Owners of the Land: e— Address: Number of years of ownership: 3. Year lot was created: 4. Is the lot currently on septic or sewer? SG'�_f, Sewer towxi-ech-o+y - i icnL� If on sewer,please provide date the sewer connection was completed: 5. Description of Proposed Project: 4, T vIr • �d a .xa.r e r G '�/✓ ✓A. r G Dom/' �4 WG / 7l?9.ais G°'t'i S i�J ,��/.c.1E a✓ /�a+v/. 6. Descri tion of Premises: 7. Address of Property Being Affected (�,�, ✓/e S Zoning District: , / Assessors: Map: Lot# Gdc.E Registry of Deeds: Book#: Page#: 8. Existing Lot: Lot Area(Sq.Ft) BuildingHeight 113, Street Frontage: YX•3 Side Setbacks: ac Front Setback: Rear Setback: do Floor Area Ratio: il/A Lot Coverage: •f!/a 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) A Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 137. 1 ZO s, Building Height A� Street Frontage: 17S" Side Setbacks: 34>` Front Setback: 10 Rear Setback: 54,` Floor Area Ratio: M I& Lot Coverage: t- 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) 2,O 3 S, #of Floors: 2 Total Sq.Ft. �� (e I.< Height: $ Use: Weyzj 4Wvc. Type of Constructions ,w tG 12. Proposed Building: Ground Floor(Sq.Ft.) me'$ #of Floors: 2 �j Total Sq.Ft. �2 104 Height: 32 Use: Type of Construction wo o v Z 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? Ef If so,when and for what type of construction? �, a !/'4 14. Section of Zoning Bylaw that Special Permit Is Being Requested_ Al, 1-4 3� E .t:..it__C 1)T[2 . to 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: �Q Print or type name here: Alco"iZK /V t' .&.Mku Owner's Signature: Print or type name here:_ �L�, AV 16. Please list title of plans and documents you will be attaching to this application. !� 5 tirr" F'�-�, 3.s? D��E ST2s�'"%� N.�r2c� ,moo✓E7� MA Oct 17 2007 2. 40PM Town of North Andover Mas 9786883211 p. 2 l� Abutter to AbUHer( ) SuOng Dept. f ) Conservation ( ) Zoning { ) RE !1REMENT.; MGL 40A,Secti n 11 elites in paR'PaAica in In arpa1 as ut&1 Minis petgershall mean fie peillitbnw, abutters,owners of land directly oppoitson arty plblic er prh ate way,and abutters to adaters wdhl n Three hundred CJ"fed of the pop"lint of the petitioner as yiey appear on the meal reCaM applicable tat list,not wiymlardng that the lard of any such owner is located in another city or loam,ye planning board of the CRY crown and the Nanning be ard of every abutting ay or town." Srrbtecr Pronertr MAP PARCEL Name Address 64 24 Frederick McCarthy 357 Dale Street North Andover,MA 01845 Abutters Pmoertles Map Parcel Name Aoldiess 64 5 Stephen Taney 323 Dale Street North Andover,MA 01845 64 8 Peter Plantidosi 311 Dale Street North Andover,MA 01845 64 16 Diane Mane Carney 268 Dale Street North Andover,MA 01845 64 20 Town of North Andover 120 Main Street North Andover,till 01845 64 25 Maria Colon 300 Date Street North Andover,MA 01845 64 26 Edward Welch 54 Chandler Ledges Rd Milan,NH 03588 64 33 David Rand 280 Date Street North Andover,MA 01845 64 34 Rita Danahy 400 Dale Street North Andover,MA 01845 64 100 Fernando Cafua 450 Bear Hitt Road North Andover,MA 01845 64 101 Fernando Cafue 450 Bear Hit Road North Andover,MA 01845 64 111 Anthony Daigle 457 Bear Hili Road North Andover,MA 01845 64 112 Andrew Scoppa 443 Bear Hill Road North Andover,MA 01845 64 113 Joseph Sean 431 Bear Hill Road North Andover,MA 01845 64 114 Bradford Smith 419 Bear Hill Road North Andover,MA 01845 64 115 V.R.Hayes 407 Bear Hill Road North Andover,MA 01845 64 116 William Campbell 395 Bear Hilt Road North Andover,MA 01845 'I Date 10/17/2007 Paole 1 of i This certifies that the names appearing on the records 0f the Assessors Office as of Cerb'fied by: Date Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1012 dvided b 2 DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Fredrick McCarthy computer, use Name only the tab key to move 357 Dale St. your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 4:1 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Fredrick McCarthy Name 5/3/00 242-1012 Dated DEP File Number 3. The project site is located at: 357 Dale St. North Andover Street Address City/Town 64 24 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Fredrick McCarthy Property Owner(if different) Essex 4787 332 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 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 8b.doc•rev.10/9/01 Page 1 of 3 w Massachusetts Department of Environmental Protection Lll � Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1012 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: C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed byajority of the Conservation Commission and a copy sent to the applicant and appropriate DEP e " al Office(See Appendix A). Signatures: On Of O'cf X001 Day Month and Year before me personally appeared Scott Masse to me known to be the person described in and who execut d the foregoing instrument and acknowledged that he/she executed the same as his/her ee act and deed. LI DA DIANE MAGEE l Notary Pubic My of Massachusetts My Corranisew Expires Fetuua2t 14,2008 wpaform 8b.doc•rev.10/9/01 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 242-1012 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: Conservation Commission Please be advised that the Certificate of Compliance for the project at: 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 Sb.doc•rev.10/9/01 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - 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 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 NewBedford 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 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD: 978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom 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•Appendix A•rev.10/9/01 Page 1 of 1 Town of North Andover NORTH OFFICE OF 3a oy`" °1�° COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street North Andover, Massachusetts Q1845 4SSACHus�` WILLIAM J.SCOTT Director NOTICE OF DECISION (978)688-9531 Sax(978)688-9542 Any appeal shall be filled a z a within (20) flays after the o� date of filing this Notice _` sir" in the Office of the Town r.z�m Clerk. "p 40� �Cnv N � D Date: May 12,2000 Date of Hearing: May 2,2000 `: Petition of. Frederick McCarthy Premises affected: 357 Dale Street Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section 4.136 so as to allow: the removal and replacement of a garage and the addition of a farmer's porch to an existing dwelling located in the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted To: APPROVE the: Watershed Special Permit based upon the following conditions (attached): Signed CC: Director of Public Works Alison NL Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Vice Chairman Health Sanitarian Alberto ngles,Clerk Assessors Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 357 Dale Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Frederick McCarthy, 357 Dale Street, North Andover,MA 01845, dated March 28, 2000, requesting a Special Permit under Section 4.136 of the Zoning Bylaw to allow the removal and replacement of a garage in the Non-Disturbance Zone and add a farmer's porch to an existing dwelling within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board 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 project is located on a septic system and the replacement of the garage and the construction of the farmer's porch will result in no increase in flow to the existing septic system. b) There will be no change in the flow characteristics except that they will be less since the proposed garage is in the same location as the existing garage; c) The removal and replacement of the garage will bring the garage further away from the wetlands than was previously permitted therefore the project will have less of an effect on the wetlands. The proposed garage is a significant reduction in square footage than the garage originally existing. 2) That there is no reasonable alternative location outside the Non-Disturbance Zone and Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project because the existing garage was already -located in the Non Disturbance Zone and the proposed farmers' porch will attach to the existing dwelling which was already located in the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: 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; A. The use will not adversely affect the neighborhood as the lot is located in a residential zone; B. There will be no nuisance or serious hazard to vehicles or pedestrians; C. Adequate and appropriate facilities are provided for the proper operation of the proposed use; v D. 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: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Modification to Existing Structures for Property Located at 357 Dale Street,North Andover,MA Location : 357 Dale Street,North Andover,MA 01845 Owned by: Frederick McCarthy Scale: 1"=20' Date: March 1,2000,Revised 4/13/00 Prepared by: New England Engineering Services,Inc. 60 Beechwood Drive North Andover,MA 01845 The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a publichearing and modification by the Planning Board. 9) Prior to any work on site: a) A performance guarantee of five hundred ($5W) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) Erosion control measures as required must be in place and reviewed by the Town Planner.. c) 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. 10)Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features as shown on the approved plan. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 11)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# 1. . 12)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13)The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 14)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. 15)This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. cc: Director of Public Works Applicant NEW ENGLAND ENGINEERINq qCES INC CLERK . NORTH ANDOVER 1000 RAR 2& P 3: 48 March 28, 2000 Alison Lescarbeau, Chairperson North Andover Planning Board Town Hall Annex 27 Charles Street North Andover, MA 01845 Re: 357 Dale Street watershed special permit. Dear Madam Chairperson: Enclosed with this letter is a submittal package for the above referenced property. The property is located in the watershed protection district. The applicant is proposing to remove and replace a garage, and add a farmer's porch to an existing structure. Since the overall size of the footprint will be reduced the amount of impervious surface at the site will be reduced. Under this condition there will not be an increase in the volume of runoff from the site and no impact on Lake Cochichewick. I have discussed this project with Mr. Rand at the DPW and he feels that he could probably review this project since it is so simple. This would negate the need for the applicant to place the $2000.00 consultant's bond so the bond is not being submitted at this time. If at a future time the outside consultants review is deemed as being necessary the bond will be posted. If you need further information or clarification,please advise. Sincerely, Ben a n C. Osgoo /,EITJ g � President 60 BEECHWOOD DRIVE-NORTH ANDOVER.MA 01845-(978)686-1768-(888)359-7645-FAX(978)585-1099 Town of North Andover Planning Board NORTH ANOpyER 3. 48 . 4 p v .......... . .................... Mss�.ss::;xsss Please type or print clearly. 1. Petitioner: !►Zr pE2tcy, /,Lk, ,g Tvt. j Address: 35_7 C— V o 2 T7-r f4,4j D6 e- Telephone number: q7 g 2. Owners of the Land: F2C o Fki cAkc C Address: 3.7 7 D^�E M E, ivc��2TN A-OV� Telephone number: Number of years of ownership: 3 yrAiz5 If applicant is not the owner, please state interest in property: 3. Request for a Special Permit under Section 4,/3(, of the North Andover Zoning Bylaw to Ze12ic,« e- 1,aa,%,k,k,,,E,,,r sr,20Cry ^j AIVAJ - Pis7_02011"'C ' 8OFFFA Zvtic or= 0151-4.tc1- . A n Tv PCNA A PoRcVA To THl f-iW o i S-F,2 oc-ro j?C I IJ I f Na n.A-D1.stA4 }N t WAI 2Sk6 P r»175e t c T- 4. Location of Property: 357 DA-Le e—, Zoning District: R- 1 Assessors: Map: 6, Lot#: Registry of Deeds: Book 76 Page#:: _3 1_2>Z 5. Existing Lot: Lot Area (Sq.Ft.): /o7,4 g b Building Height: Street Frontage: a.8 ; Side Setbacks: 2z ` Front Setback: __. / Rear Setback: 3z Floor Area Ratio: -3. 20/- Lot Coverage: 6. Proposed Lot (if applicable): Lot Area (Sq.Ft.): to 7,G9 r6: Building Height: xC)rnrn Street Frontage: yy Side Setbacks: zd' Ila �'cz.=rn a Front Setback: _ y Rear Setback: 3z ' -o �rncDo q ' Floor Area Ratio: Lot Co' erage: 3,Z vel ,�,�xs tVno,<- 1,,;c avDE pv ackrs' fr r-ja c-r4-2AGc--s. 0 I� 7. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft.): 9712-0 Building Height: 3� Street Frontage_: /T5' Side Setbacks: 3o Front Setback: • ?,p Rear Setback: 30 Floor Area Ratio: A�tl+ - Lot Coverage: N 8. Existing Building (if applicable): Ground Floor(Sq. Ft.): 35--G o # of Floors: i Total Sq. Ft.: Height: Use: n„"c.kv Type of Construction:-ILoo t--I?AAA C 9. Proposed Building: Ground Floor(Sq. Ft.): -5 00 # of Floors: IN o Z Total Sq. Ft.: yp;2 8 Height: X25' Use: g cs*'PC..4;1-1 7)1 e11-M � Type.of Construction: Wood r2 c 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? N(p If so, when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and regulations may result in a dismissal by the Planning Board of this application as incomplete. —==- Petitioner's Signature: - Print or type name here:_ j�EO,< Owner's Signature: Print or type name here:- r c n,�-g tc K /u, C'M iii i v' APPENDIX WATERSHED SPECIAL PERMIT APPLICATION 357 DALE STREET NORTH ANDOVER, MA PROJECT DESCRIPTION I CONSTRUCTION SEQUENCE I ASSESSOR'S MAP 2 LIST OF PARTIES OF INTEREST 3 PROJECT DESCIPTION The proposed project consists of the removal and reconstruction of an existing garage in the non-disturbance buffer zone of the watershed protection district, and the addition of a farmer's porch to an existing dwelling located in the non-discharge zone of the watershed protection district. The property has existed in its current size and layout sine 1984, and therefore is subject to the smaller zone definitions in the watershed protection bylaw. The existing garage to be removed is located 45 feet from the edge of a bordering vegetated wetland. The wetland borders a tributary to Lake Cochichewick. The new structure that will replace the existing garage will be smaller in footprint and will be located no closer than 50 feet to the wetlands. Portions of the existing driveway in the buffer zone will be removed to accommodate the new garage location. The result will be more impervious area and less runoff from the site. The proposed farmer's porch is located outside of the 100 foot non-disturbance buffer zone in the non-discharge buffer zone. The increased pervious area created with the replacement of the existing garage and removal of portions of the driveway will create a net reduction in the impervious area on the site. Wetlands that exist on the site will be protected by the installation of erosion control consisting of a single row of double staked haybales backed by siltation fence. The erosion control will be located to maintain the conservation commissions required 25 foot no disturbance buffer zone. The erosion control will remain in place until all disturbed areas are stabilized with grass. CONSTRUCTION SEQUENCE 1. Erosion control shall be installed and inspected by a representative of the Town of North Andover. 2. Remove existing garage structure. 3. Install foundation, cut driveway, and grade site to subgrade. 4. Construct garage. 5. Stabilize site with loam and seed. 6. Construct farmer's porch. 7. Erosion control shall remain in lace until the site is stabilized with ass. �I P �' 1 x m v e 144 $S s N � `mss_ � 145 d6 r� 149 1 N 140 tat e 13s tt t38 �. •� 2)1 4147 fc. O r t6 X26 J��13 L p a m sew z, AA t o t zq VA k, O 34 � X18 .a LLI K' 41 V e Q ,s . 14, 33 \tori �' � t'd a7 16 AIM 23 ,a91 Ja 31 � 15 t' .e : CogV 95 J1\ m p,AC \, + 47.'10.\ 4,.rib .S.11, \M ,� � T'C4 �•r� T'� arc. � 16 '" ' iA�,M ,y,BEARr H1LL ROAD 26 t' 6Z .eO, �' 7621 t34 444W s" x T NO.37 64 NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST 357 DALE STREET,NORTH ANDOVER MA. ASSESSORS MAP #64 LOT #24 MAP 64 LOT 8 PETER J PIANTIDOSI 311 DALE STREET NORTH ANDOVER, MA 01845 MAP 64 LOT 5 STEVEN TANEY&CECILIA FEENEY-TANEY 323 DALE STREET NORTH ANDOVER, MA 01845 MAP 64 LOT 14 JAMES &SANDRA GOODWIN 299 DALE STREET NORTH ANDOVER,MA 01845 MAP 64 LOT 16 JOHN&CECILIA SANGERMANO 268 DALE STREET NORTH ANDOVER, MA 01845 MAP 64 LOT 25 P&M REALTY TRUST P A&M W BRYANT,TR 300 DALE STREET NORTH ANDOVER, MA 01845 MAP 64 LOT 26 ECW TRUST EDWARD J WELCH,TR 24 PRESCOTT STREET NORTH ANDOVER, MA 01845 MAP 64 LOT 33 DAVID&FRANCES RAND 280 DALE STREET NORTH ANDOVER,MA 01845 MAP 64 LOT 34 DANAHY FAMILY TRUST DONNA WHITE,PE&RH DANAHY,TR 73 PINEHURST ST METHUEN,MA 01844 MAP 64 LOT 20 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 MAP 64 LOT III ROBERT HATFIELD,JR 12 ROGERS ROAD HAVERHILL,MA 01835 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)886-1768-(888)359-7645-FAX(978)685-1099 I MAP 64 LOT 112 ARTHUR&DOROTHY PAUK 443 BEAR HILL ROAD NORTH ANDOVER, MA 01845 MAP 64 LOT 113 JOSEPH&MADELINE BEAN 431 BEAR HILL ROAD NORTH ANDOVER, MA 01845 MAP 64 LOT 114 BRADFORD A SMITH&DONNA M CANTY 419 BEAR HILL ROAD NORTH ANDOVER, MA 01845 MAP 64 LOT 115 TIMOTHY &VALORIE HAYES 407 BEAR HILL ROAD NORTH ANDOVER, MA 01845 MAP 64 LOT 116 MICHAEL&ELIZABETH PALFREYMAN 395 BEAR HILL ROAD NORTH ANDOVER, MA 01845 THIS CERTIFIES THAT ON 3/10/00,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE �(� SESSORS OFFICE iY/aSSaG7rIS2:a5..e" fL717[UT C1JY1lUl7ITdC17C:i1 rlulc...�� ,E&WL ofRe~curc Protection— Wedlands DEP Foe 242-11012012 WPA !-o !Il 5 - Order of Con vis 1357 Dale Street for OEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Protection Bylaw. 13 Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER March 23, 2000 clnsmion c:.==11 Gate For The public hearing wa4 dosed on: 242-1012 May 3, 2000 ftI CReMxw Out To: Titre and Date of final P!ans and Other Documents: Frederick McCarthy ,AO=,Vme "Modification to Existing Structures For 357 Dale Street 'WaULVAdaw Property located at 357 Dale Street" North Andover cwqAff Dated March 1,2000, REV 4/13/2000 MA 01845 .lae 60 Cade The project site is fcmted at North Andover Wim" 64 24 Assc=AU&PLSi Pacrlrtaf and the property is recorded at the Registry of Deeds for. Essex 4787 332 ' awk P39-* camto(Itm7saal Lane) U Findings Furthermore,this commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed.is: Protection Acu (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject Ur and based on the information provided in this application and presented at the public hearing, this commission finds that the '�3I the following conditions which aro necessary,in accordance P&f with the ormance standards set forth.in the wetlands area in which work is proposed is significant to the following interests of the Wetlands Protection Act(check all that apply): regulations.to Protect those interests checked above. This Commission orders that all the work shall be performed in ®Public Water Supply accordance with the Notice of Intent referenced above,the ®Private Water Supply following Genei al Conditions,and any other special ®Groundwater Supply conditions attached to this Order.To the extent that the ®Flood Cormvo! fallowing conditions modify or differ from the plans, Land Containing Shellfish specifications,or other proposals submitted with the Notice ❑ 0 !, Fisheries of Intent.these condidorrs shall contra • ®Storm Damage Preventicn JZ Prevention of Pollution 2S Protection of Wildlife Habitat n --� -Ira Marc -setts Department of Lurroammntai Protection `Eureadof) Psctrce Protection- Wedands 242-1012 —--- 357 Dale Street WPA Form 5 - Order of Con (ffis Massachusetts Wetlands Protection Act M.G.L. c.-131, 40 and North Andover wetland Protection Bylaw. Findings (cont.) debris,including but not limited to lumber, bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. C, the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests decked above. Therefore,work appeal periods from this Order have elapsed,or if such an an this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a Final Order of Conditions is issued. S. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicam is not sufficient the Land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act. of retorted land the F'inai Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intern is submitted which land upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land.the Final Order shall also be noted which are adequate m protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CUR 10.05(b)(c). Commission an the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Candidons commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke dr modify this Order. 'cam Massachusem Department of Environmental Protection" 2 The Order does not grant any property rights or any (or,WA OEP'J'File Number ezCusive privileges:it does not authorize any injury to 242-1012 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,ardinanm, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. The wont authorized hereunder shall be completed within hearings before he DepartrnenL three years from the date of this Order unless either of the following apply. 11.Upon compietion of the work described herein,the appliprtt (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Acr or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years, but less than five 12.The work shalt contort to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special ciraunstances warranting the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Omer. "Modification to Existing Str c es For 5. This Order may be extended by the issuing authority for Tft Froperty tocated at 357 Dale Street" one or more periods of up to three years each upon 4. March 1, 2000, REV 4/13/2000 application to the issuing authority at least 30 days prior to 0AW the expiration date of the Order. Richard Tangard, P E. 6. Any fill used in connection with this project shall be clean s4rad a,dsumwby NACC fill. Any fill shall contain no trash,refuse,rubbish,or on ale wrdr Ma=atusetts Deparumnt of Environmentai Protection _ 242-1012 Buread of Resource Protection- Wetlands 357 Dale Street WPA Form 5 - Order of GonMas and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw. Findings (cont.) Findings as to mcmicipal law,bylaw,or ordinance 13.Any changes to the plans identified in Condition t 12 above furthermare,the shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant NORTH ANDOVER enough to require the filing of anew Notice of Intent. cametWWC nm=W hereby finds(died one that applies): 14.The Agent or members of the Conservation Commission and Department of Environmental Protection shall have the p that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at Standards set forth in'a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- Specifically tions stated in this Order,and may require the submittal of arty data deemed necessary by the Conservation Commis- sion or Department for that evaluation. Aw w av came ormruz;uJay.Oat aracrrm m 15.This Order of Conditions shall apply to a successor in Therefore,work on this project may not go forward unless PP y any and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these this Order and to any contractor or other person perform- 5.tandards�and a final order of Conditions is issued. ing work canditianed by this Order. 16.Prior to the start of work.and if the project involves work (Exthat the following additional conditions are necessary to adjacent to a Bordering Vegetated Wetland.the boundary of comply with a municipal law,bylaw,or ordinance,specifi- the wetland in the vicinity of the proposed work area shall ally be marked by wooden stakes or flagging. Once in place. ClZip. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of AU=aW' ctmorg im..*w.orardrrenm work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all:the work stroll be performed in accordance with the said additional conditions and with sion. the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair undi all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegemdon or other means. At no time shall sediments of Intent.the conditions snail control be deposited in a wetland or water body. During construc- don.the appikmm or his/her designee snail inspect the Additional erosion controls on a daily basis and shall remAdditionalczxndmans relating to municpal law,bylaw,or ove accumulated sediments as needed. The applicant shall ordnance: immediately control any erasion problems that occur at the See attached conditions. site and shall also immediately notify the Conservation Commission.whidt reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. special Conditions(Use additional paper if necessary) See attached conditions. DEP FILE #242 - 1012 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18.Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shalt 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 Vlll 8 .33) of h O(p the e Nort . Andover Wetland Regulations}. 23.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. CAWinwor&00C1242-1012.doc 1 NACC 04/26/2000 DEP FILE #242 - 1012 24.Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26.The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.The proposed work includes: Removal and reconstruction of an existing garage, the addition of a farmer's porch (which is outside the 100'Buffer Zone), new driveway location, and associated grading within the Buffer Zone to a Bordering Vegetated Wetland(BVW). 28.The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Fred McCarthy, applicant New England Engineering, representative Dated March 23, 2000 Site Plans prepared by: New England Engineering Services, Inc. Entitled "Modification to Existing Structures For Property located at 357 Dale Street Dated March 1, 2000, REV 4/13/2000 Signed and Stamped by: Richard Tangard, P.E. Base Map used: Plan of Land Showing a Change in Lot Lines dated November 1, 1984 stamped by William MacLeod, R.P.L.S. CAWinword\00C\242-1012.doc 2 NACC 04/26/2000 DEP FILE #242 - 1012 29.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. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25`) No-Disturbance Zone and a fifty foot (50`) No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. 32.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33.This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. CAWinword\00C\242-1012.doc 3 NACC 04/26/2000 DEP FILE #242 - 1012 34.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35.Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36.No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences maybe recorded by the NACC at the applicant's expense. 38.A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection, File Number 242-1092 Expiration date=-----." CAWinword\00C\242-1012.doc 4 NACC 04/26/2000 DEP FILE #242- 1012 39.Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42.Wetland flagging shall be checked prior to start of construction and shalt 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. CAWinword\00C\242-1012.doc 5 NACC 04/26/2000 DEP FILE #242 - 1012 43.A row of double 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 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. 44.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 extra hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45.A check payable to the Town of North Andover shall be provided in the amount of$1,000 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. 46.The applicant shall stake out the foundation corners prior to construction for projects including, but not limited to, single family homes, additions, decks, pools, etc. CAWinword\00C\242-1012.doc 6 NACC 05/03/2000 DEP FILE #242 - 1012 47.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five(5)business days prior to the closing of said land transaction. 48.Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference , with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 49.IMPORTANT: Immediately upon completion of the foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 50.Upon beginning work, the applicant shall submit written progress reports every other month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. CAWinword\00C\242-1012.doc 7 NACC 04/26/2000 DEP FILE #242 - 1012 51.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. 52.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. 53.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54.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. 55.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area 56.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 57.Al I waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 58.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 59.During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. C\Winword\OOC\242-1012.doc 8 NACC 04/26/2000 DEP FILE #242 - 1012 AFTER CONSTRUCTION 60.No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 61.Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 62.Upon completion of construction and grading,.all disturbed areas located outside resource areas shall be stabilized permanently against erosion.. This shall be done either by foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 63.Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer 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 of the Commonwealth, for the public record. This plan will include: CAWinword\00C\242-1012.doc 9 NACC 04/26/2000 DEP FILE #242 - 1012 ➢ "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. "Works includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP#242- 1012. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (condition#31) ➢ Discharge or spillage of pollutants (Condition # 59); ➢ Prohibition of underground fuels (Condition #60); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Condition#61). CAWinword\000242-1012.doc 10 NACC 04/26/2000 DEP FILE #242- 1012 APPENDIX A -AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NA CC numbed the North Andover Conservation Commission. Wor 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 1 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#) 8� 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) .Massac.Sirs m Department of Environmental Protection __- ._._ 242-1012 Bureau of Resource Protection— Wetlands 35 7 Dale Street WPA. Form 5 - order of Con-Z ns and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions>;t4, 3rd 'ram the date of issuanm. Gare May 3, 2003 day of May ,WWW This Order must be signed by a majority of the conservation 2000 commission.The Order must be mailed by certified mail Y°'r (return receipt mquesteO or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr. time to the appropriate regional office of the Oepartmentof Environmental Prote sign. to me known to be the person described in and who executed Signatures the foregoing instwnent and acknowledged that he/she executed the same as histher free act and deed. AA=Y PLd7C ' ;Wrw«c•� This Order is issued to the applicant as follows: r ❑ by hand delivery on 117 (3xby mr ded mail.mMffiflW*k"kqg@4.on May 4, 2000 an Appeals The appiic M the owner,any person aggrieved•by this Order, The request shall state clearly and concisely,the objections to any owner of land abutting the land subje4to this Order,or the Order which is being appealed and how the.order does not any ten resided of the city or town in which such land is oantrtbute to the protection of the interests identified in the located.are hereby notified of their right to request the Massachrss=Wedands Protection Act(M.G.L c.131,§40 appropriate Department of Environmental Protection Regional. and is inconsistent'mith the wedands regulations(310 CMR office to issue a Superseding Order of Conditions.The request 10.00).To the extent that tate order is based an a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this order.A copy of the request shall at the same time be sent by certified main or hand delivery to the conservation commission and to the applicant, if heishe is not the appellant Massaaiusetis Departlnet It of Envimanwntai Protection 242-1012 Bureau of Resource Protecv'on—Wetlands 357 Dale street WPA Form 5 - order of Conus and North Andover Wetland Massachusetts (Wetlands Protection Act M.G.L. c. 131, §4O protection Bylaw. Renag rdin 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 ctiain 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 an the Land Court Certificate of rale of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER CaMMMW C-Ounw an the form below,winch must be stamped by the Registry of Deeds. Oemch an darted line and submit to the Conservation Commission. To: Cor�aon C.xrms�on Please be advised that the Order of Conditions for the project at RgaaOEP Re mow has been recorded at the Registry of Deeds of cam and has been noted in the chain of title of the affected property in 9bo1r in accordance with the Order of Conditions issued an Dae If recorded land.the instrument number which identifies this transaction is k%WJMrNW=ff If registered land.the document number which identifies this transaction is Qawrnmr Plurnac SigWoC Appil= Massac'iuse=Department of Eaviroanw tai Protection 242-1012 Bureau of Rescurr,-Protection— Wed/ands 357 Dale Street ii WPA Appendix E • Request forOe0a mental Action Fee Transmittal Fom and North Andcyer Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, §40 protection Bylaw. ;lease type or rint hearty all Request InfOrmation iformation :quested on this Mn. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent.Abbreviated Notice c dzen group's representative): of Resource Area Delineation,or Request for Oetermination of Applicability): Name Name A46VAddress Ma fingAdd est C VTOW 2" Lp Code blare Zip Cade PhMMmmar Pham AbnW Fa:AtQrAW0i3PPe) Fa:AAdnDe'(d appaicak) Project Location: DEP File Number. 3MAdd= i U. Insavdions 1. When the departmental action request is for(check one): 2 On a separate sheet attached W this form,state c!eariy and condsely the objections to the Determination or Order Ci Superseding Order of Conditions which is being appealed.To the extent that the Determina- p Superseding Determination of Applicability tion or Order is based an a municipal bylaw,and not on the C] Superseding Order of Resource Area Delineation Massachtaetts wetlands Protection Act or regulations,the Department of Environnierual Protection has no appellate Send this form and a check or money order for 550.00, jurisdiction. payable to the Commorrwulth of Massachusetts:to 3. Send a copy of this form and a ctipy of the checik or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate DEP 02211 regional office as lh%ad'in Appendix A. Boston.MA 4. A copy of the request shall at the same time be sent by certified mail or handdelivery to the conservation commis- cion and to the applicant if he/she is not the appellant. f DALE STREET 2g 3336" w ZONING: R-1 WATERSHED PROTECTION DISTRICT _DIMENTIONAL REQUIREMENTS PROVIDED AREA: 87,120 sq. ft. 122,045 SITE FRONTAGE: 175 ft. 443 ft. SETBACKS: 30 ft. 36+ ft. BUILDING HEIGHT: 35 ft. 32 ft. EXISTING IMPERVIOUS AREA PROPOSED IMPERVIOUS AREA kirr�oc ROOF; 3,350 sq. ft. 1,941 sq. ft. PAVE �R�qo POOL: 10497 sq. ft. 9,530 497 sq, ft. e TOTAL: 14,589 sq, ft. 11,968 sq, ft. gPpLFTpN 3TR�Fl R�qO LOCUS MAP NOT TO SCALE 1"x1"x3'STAKE SPACED 6' APART ALONG PROPOSED LINE Al W FILTER FABRIC 1"ER H STAKE FENCING FOR REGISTRY USE ONLY = A5 � (2)PER HAYBALE PROPOSED o �� A3 SPRUCE TREE ROW o Z z A2 A4 96 ' I z _ NOTES: / I • � 00'\ �`• " \ � � � � � 25' CONSERVATION 1. P COMMISSION ROPERT Y LINES TAKEN FROM PLANS OF RECORD. _ — NO DISTURB ZONE 1\;11� 2. SITE FEATURES, DWELLINGS, LOCATIONS AND TOPOGRAPHY FROM AN ON THE GROUND SURVEY BY NEW ENGLAND O I PAVEMENT, 1\\\\\\. ENGINEERING SERVICES, INC IN OCTOBER 2007.� � \\1�_ BASKETBALL TO BE REMOVED 3. WETLANDS DELINEATED BY NEW ENGLAND ENGINEERING 50' CONSERVATION COURT FILTER FABRIC 6'" SERVICES INC. ^ICOMMISSION BELOW GRADE • NO BUILD ZONE 357 DALE STREET 4. DEED REFERENCE: BOOK 4787, PAGE 333, NORTH ESSEX EROSION CONTROL DETAIL COUNTY REGISTRY OF DEEDS. / ASSESSORS MAP 64, LOT 24> NOT TO SCALE 5, PLAN REFERENCE: PLAN # 11869 122 045 S.F.± NORTH ESSEX COUN TY + REGISTRY OF DEEDS. 6. A NOTICE OF INTENT WILL BE FILED WITH THE NORTH ANDOVER EXISTING L � ,I � � I � I i, I ��, � �� CONSERVATION COMMISSION. GARAGE � l PROPOSED POOL <,\ � I I DWELLING / 7. THIS PROPERTY IS IN THE WATERSHED PROTECTION DISTRICT. APPROVAL BY NORTH AND goo/ SILL 98.5 OVER PLANNING BOARD 8. PROPOSED CONDITIONS WILL RESULT IN A REDUCTION OF ILII II PERVIOUS AREA BY 2,628 S.F. / 100' CONSERVATION CONSTRUCTION SEQUENCE: COMMISSION BUFFER 1 ZONE/PLANNING BOARD INSTALL EROSION CONTROL TO BE INSPECTED BY No. ANDOVER O DECK CONSERVATION COMMI NON-DISTURBANCE ZONE SSION REPRESENTATIVE. SOIL INSTALL SPRUCE TREES UPSLOPE OF 25ft. NO DISTURB ZONE STOCK EXISTING S � PILE � N BUILDING �j CONSTRUCT PROPOSED HOUSE. �. SILL 101.08 4X00INSTALL SEWER#357 i E LATERAL. (TO BE RAZED) I � \ 6 Q) INSTALL 1" PRESSJRE WATER SERVICE. MAINTAIN t Oft. 6� SEPARATION BETWEEN WATER ON ER & SEWER LINES. RAZE EXISTING HOUSE BENCHMARK; BOT RT CNR 1st STEPlL ORCH ELEV. 100.00(ASSUMED DATUM) \ P / LOAM AND SEED ALL DISTURBED AREAS, DATE N4 / * EROSION CONTROL TO REMAIN IN PLACE UNTIL ALL DISTURBED AREAS ARE STABILIZED WITH GRASS OR OTHER SUITABLE LANDSCAPE MATERIAL. LEGEND 96/ pl,VF�OR/V PROPOSED GRADE 98 EXISTING GRADE WETLANDS LINE Al A2 / Oo 25NO DISTURB ZONE (off / 50' NO BUILD ZONE s' 4 / 100' BUFFER ZONE EROSION CONTROL - - - - - - - - - - - - - - - SWALE 0 N EXISTING SPOT GRADES gg+gg N 462� 6� v'•\ PROPOSED SPOT GRADES 99 99 TEST PIT PERCOLATION TEST S• 20 0 20' 40' 60' S 3> 66:27,S2 Z - a �� SITE PLAN 357 DALE STREET <4I NORTH ANDOVER, MA 01845 CIV ASSESSORS MAP 64, LOT 24 '��► � �y PREPARED FOR MR. FREDERICK McCARTHY .-•-`d j r` 357 DALE ST <v O l NORTH ANDOVER MA S SCALE: 1" = 20' October 19, 2007 o ,N REVISED NEW ENGLAND ENGINEERING SERVICES, INC. .�� DALE STREET � 1600 OSGOOD STREET = BUILDING 20, SUITE 2-64 37.45' NORTH ANDOVER, MA 01845 S 75'52„ e (978) 686-1768 DRAWN BY: SHEET#: CHECKED BY: T.S.M. 1 of 1 B.C.O. Jr. FILE#: DESIGN BY: 1463-WC B.C.O. Jr. ZONING: R-1 WATERSHED PROTECTION DISTRICT 28 3336 IN DIMENTIONAL REQUIREMENTS PROVIDED AREA: 87,120 sq. ft. 122,045 DALE STREET FRONTAGE: 175 ft. 443 ft. SETBACKS: 3C ft. 36+ ft. BUILDING HEIGHT: 35 ft. 32 ft, SITE EXISTING IMPERVIOUS AREA PROPOSED IMPERVIOUS AREA ROOF: 3,350 sq. ft. 1,941 sq. ft. PAVEMENT: 10,742 sq. ft. 9,530 sq. ft, POOL: 497 sq, ft. 497 sq. ft. TOTAL: 14,589 sq. ft. 1 1,968 sq. ft. GFRpgp 9 E4 qy�(R \N Er OZ 1"x1""x3'STAKE SPACED 6' gpPL �qp APART ALONG PROPOSED LINE ON SrRF�T C7 6��1� FILTER FABRIC FOR REGISTRY USE ONLY LOCUS MAP NOT TO SCALE Z w 1"x1"x3'STAKE FENCING (2)PER HAYBALE � O Al A5 0 n! PROPOSED o SPRUCE TREE z A3 _ ROW i A2 A4 NOTES: 1. PROPERTY LINES TAKEN FROM PLANS OF RECORD. 96� 2. SITE FEATURES, DWELLINGS, LOCATIONS AND TOPOGRAPHY 0 2 25' CONSERVATION \\�\� COMMISSION FROM AN ON THE GROUND SURVEY BY NEW ENGLAND _ NO DISTURB ZONE � \\�' ENGINEERING SERVICES, INC IN OCTOBER 2007, 3. WETLANDS DELINEATED BY NEW ENGLAND ENGINEERING o x,15 — �, oNpP PAVEMENT SERVICES INC. OFILTER FABRIC 6" I TO BE REMOVED BELOW GRADE BASKETBALL 4. DEED REFERENCE: BOOK 4787, PAGE 333, NORTH ESSEX 50' CONSERVATION COUNTY REGISTRY OF DEEDS. COURT ` COMMISSION EROSION CONTROL DETAIL NO BUILD ZONE 357 DALE STREET NOT TO SCALE 5, PLAN REFERENCE: PLAN # 11869, NORTH ESSEX COUNTY REGISTRY OF DEEDS. ASSESSORS MAP 64 LOT 24 , — — -0 122,045 S.F.± 6. A NOTICE OF INTENT WILL BE FILED WITH THE NORTH ANDOVER I � 1 / 'VL CONSERVATION COMMISSION. 7. THIS PROPERTY IS IN THE WATERSHED PROTECTION DISTRICT. �.. , EXISTING ' ' � � ' � I, � POOL y 8, PROPOSED CONDITIONS WILL RESULT IN A REDUCTION OF GARAGE PROPOSED APPRO`�/AL BY NORTH ANDOVER PLANNING BOARD PERVIOUS AREA BY 2,628 S.F. �. DWELLING \ SILL 98.5 CONSTRUCTION SEQUENCE: goo j / o 0 INSTALL EROSION CONTROL TO BE INSPECTED 100' CONSERVATION BY No. ANDOVER { �� 1 CONSERVATION COMMISSION REPRESENTATIVE. COMMISSION BUFFER ZONE/PLANNING BOARD INSTALL SPRUCE TREES UPSLOPE OF 25ft, NO DISTURB ZONE NON-DISTURBANCE ZONE 03 CONSTRUCT PROPOSED HOUSE. C§l DECK 4� SOIL INSTALL SEWER LATERAL, STOCK EXISTING 5 INSTALL 1" PRESSURE WATER SERVICE. MAINTAIN 10ft. SEPARATION >> S PILE N BUILDING 9° BETWEEN WATER & SEWER LINES.SILL 101.08 Q > #357 RAZE EXISTING HOUSE (TO BE RAZED) ' � moo; LOAM AND SEED ALL DISTURBED AREAS. 7 6 � F DATE EROSION CONTROL TO REMAIN IN PLACE UNTIL ALL DISTURBED AREAS ARE STABILIZED WITH GRASS OR OTHER SUITABLE LANDSCAPE MATERIAL. PORCH BENCHMARK: BOT RT CNR 1st STEP / ELEV. 100.00(ASSUMED DATUM) �pj. LEGEND PROPOSED GRADE N EXISTING GRADE — — i PAV'FO QRS WETLANDS LINE �}Al v A2 96VFWA y 25' NO DISTURB ZONE 50' NO BUILD ZONE a / 100' BUFFER ZONE • . � o EROSION CONTROL — — — — — — — — — — — — — -- - �° �`0 \ SWALE 4 EXISTING SPOT GRADES 99+99 PROPOSED SPOT GRADES 99*99 Ln N 9; TEST PIT Lo PERCOLATION TEST °' E 2 4°20'p m S 20' 0 20' 40' 60' Z 25g 3�° f S �° h�H� 4 ! SITE PLAN 66, ' 357 DALE STREET NORTH ANDOVER, MA 01845 Osoml'JR, CIVIL ASSESSORS MAP 64, LOT 24 �� ra PREPARED FOR MR. FREDERICK McCARTHY -' 357 DALE ST 0 i t l� NORTH ANDOVER,MA 101 SCALE: 1" = 20' October 19, 2007 REVISED NEW ENGLAND ENGINEERING SERVICES, INC. N� 1600 OSGOOD STREET = BUILDING 20, SUITE 2-64 NORTH ANDOVER, MA 01845 DALE STREET 137.45' (978) 686-1768 S 75*27 '52„ E DRAWN BY: SHEET#: CHECKED BY: T.S.M. 1 of 1 B.C.O. Jr. FILE#: DESIGN BY: 1463—WC B.C.O. Jr.