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Home My WebLink AboutMiscellaneous - 383 JOHNSON STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1159 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Joseph M. Pelich, Realty Trust computer, use Name only the tab key to move 725 Boxford Street your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. Property Owner(if different): 'vel Same Name r�vn Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 8/20/02 Date for work at: 383 Johnson Street Map 98A Parcel 1 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North Instrument#39352 County Book Page Certificate(if registered land) is hereby extended until: 8/20/06 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended(if applicable): pate Issued by: North Andover 7t/y/p S Conservation Commission Date wpaformTdoc•rev.3/1/05 Page 1 of 3 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1159 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the apDLkeent and the appropriate DEP Regional Office. Signatures: I Notary Acknowledgement 11 Commonwealth of Massachusetts County of Essex North 13 ( a00 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared -5( 04`f' Ma.sse.- Name of 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 City/Town Conservation Commission ell Si ture of Notary Public ea Printed Name of Notary Public Place notary seal and/or any stamp above My coff:*CQI=E*WA%I.2= Page NUr FUBW OMA�THHOO�F WSSACNUS M wpaformTdoc•rev.3/1/05 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA .Form 7 — Extension Permit for Orders of Conditions 242-1159 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case,the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-1159 Project Location DEP File Number has been recorded at the Registry of Deeds of. Essex North County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.3/1105 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales g 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 Bemardston 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 Lancaster Northbridge Southbridge West Boylston Fax:508-792 7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welifieet 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 Mashpae Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Y Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform7.doc•DEP Addresses•rev.7/11/05 Page 1 of 1 ? Jun-25-03 11 : 0S MANN & MANN ,PC 978 762 6434 E3 P . C)i Affice ofthe Flam6no Dep CoiiiiuvEiity, Development atild Services, Divislon + 1 ,.: --�""pnYt M, '7 Chai'l(,s 5U.e�l U ,% U Heidi Critfin I clephone (978)088.9 35 L) b88-9-342 Notice Of Decision ti Any appeal shall be filed Within (20) days after the ;1 7 Date of filing this Notice In the Office of the Town Clerk A)ate: December 17, 20012 Date of Hearing: December 3. 2002 December 17, 2002 -0 Petition of: WilEwn Barrett Homes, Inc., 1049 Turnpike Street, North Andover MA Premises Affected: 393 Johnson Street., Lots 1, 2, 3, & 4, North Andover, MA 01845 Referring to the above petition for Watershed Special Permits for Lots I —4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover 7,oning Bylaw and M.G.L. c.40A, see. 9. So as to allow: For Lot 1; construction of a 576 s,I" garage, driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2, construction of a 3,415 sl residence, paved driveway, drainage structures and grading within the Non-Discharge Zone. &)r Lot 3; construction(if a 3,738 01 residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and I I d constniction of a paved driveway, grading and drainage n he t , Non- Disturbance Zone. For Lot 4. construction of a 2,596 s-f' residence a portion of paved driveway,drainage structures and grading within the Non-Discharge Zone, and construction of smill portion of the structures, a paved driveway, grading and drainage S[tLlCtI1f0S in the Non-Disturbance Zone. After public hearings given on the above dates, the Planning Board voted to APPROVE the Watershed Special Permits, based upon the following conditions: Signed: ,Fp hn Simons, Chairman Cc: Applicant Building Department Richard Nardella, Clerk Engineer Conservation Department Felipe Schwart Abutters Health Department George White I)PNNI, ZBA Jun-25-03 11 : 05 MANN & MANN , PC 978 762 6434 P . 02 38:3 jo hnson Street, Lot 4 Special Permit - N atershed Protection District The Plamim'o Board niAe•s the Colluwing findings rcgrir`clirlti the application of Williarul Barrett flumes, lnc,, 1049 'l'umpike Stree(, North Andovcr, MA, 018,15, subuilued on Oct(lhcr 11 . 2002, icclucsting a SNcial Pe.rinit under Section 4,136 of the. %ollit)" By-Law to allOW 01C c(�rlStrUCtlon of a 2.596 scluare: foot single-fart-i.ly residence, a portion of paved dr7vcwit}', dt'itillil"C strilC ores afld gradiil�', within the. Nott-Discharge Zonc of the. Watershed Protection District. And to allow construction of <1 Small portion of [li<. .structure, a paved driveway, gt-ading and drainage structures in the Nun-Disturbance 'Lone of the Watershed Pro tectio n District. FINDINGS OF FACT: In rtL•C0rdun�:e with 4.1.33 tile. Planning Board drakes the briding that the: intent of the Bylaw, t` well as it spu(;ific crite:`ia, ilre met.. Specifically the Planning Board finds: 1. Thrlr as a 1•I:Soll of the proposed consMlction ill conjunction with other Ul us ncarby, there will not be any significant del7adation of the quality or quantity of water ill or cmer'inr, Lake. C'ochicliewiek. The Planning, Board bikes its findings on the followink*facts: a j I he proposed strzrcture will use the Town sewer system. b) A decd restriction will he placed limiting; the types of fertilizers that can be used on (Ile .site, c) The topC)rritplly of the site will nut be altered substantially. d) 1.110. limit of clemlig is restricted to the rrti111111.un necessary. e) Certification Nis heels provided by a registercd Professional engineer that the new struCture will not have an effect on the quality or quantity of ilrnoff orae!ring; t1w watershcd protection district. 0 The Platin and documcni ation have: been reviewed by tht town's outside engineering consultant, V1113, and with the application of the erosion control, WIC] USC of organic low nitrogen fertilir.er:s, there: will tik,. no degradation to the cluirlity Or gL[Llntity Of water in car entering Lake Cochichewick. hj 7tlis lot was issued an Order of Conditions by the Conservation Commission oil �u,trtir -0, 2002, )-)FP#242-1 (59- I'S 59-is nu rcu."'crn.thh: illtQrnativc location uutsidc dw Noit-Dischcuhc Zane for any clis'It;n� ;(itictlrre of activity, as's dallied with the proposed project its the clltirc lot is %bIthin ;t hroleCcw f 7.t nt'.. `I he structure, driveway, :md dr:linl is,t: stniCtUR'.S illy iie�i nc'cl tc) hrm.idc' maximum seth;wk from the wc:tLtncts on site. Jun-25-03 11 : 06 MANN & MANN , PC 978 762 6434 P .O3 In �rccc,rdanc'e: with Section 10.31 of thr NotZ1t Andover "Zoning Bylaw, the Planning Board nLat c:s the iollowitw findings: it1 The specific sire is L111apprc�pr•i!rtc liu:;ttion for the pr'opo5ed use as all feasiblc titrn-m water and erosiotl controls have been placed on t.hesite; hj The, use will not: adversely affect the neighborhood as the: lot is located in a residential zone; c) There will be no nuisance or serious hazard to vetucle•s or pedcstt'ians; J) Adequate and appropriate facilities axe provided for the pi,oper operation of the Proposed use; e) The Pltulrling Board also makes a specific finding that the use is in liarrrtony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning, Board approves this Special PerTnil based uhc)n the fotlowlag, conditions: SPECIAL CONDITIONS: l) This decision riiist he filed with the North Essex Registry of Deeds. The following information is inc:lucicd as part.of this decision: a) F'f;rn titled; Site Development Platt of i.< nd Lots 1-4 Johnson Street North Andover, MA For William Barren Homes Inc. Prepared by: Merrimack Engineering Services 00 Purl. Strict Andover, MA 01810 Sczlc: I' =40' Dato: August 30, 2002, last revised November 1 ], 20}2 h) The: Town Planner shell approve any changQs madc to these. plarts. Any changes cleciued substantial by the Town Planner would ncictitV a public hearing and [1�0dit-ICA60(l by the l'Ittrtnin� BOM-d. 21) Yrir►r to LStt;inct+ ofit htiiloittg permit: e) A p(.,j toimance cur�r.urteL. of one thousmid ($1000) dotiaz`s in a fc>rrrt rcccept;2ble to die Town of hoi'th Andover rrrtjyt 1)c. posted to insure that construction will Ll.ke Jun-25-03 11 : 06 MANN & MANN , PC 978 762 6434 P-04 piacc M accoretanui with the pians and the coi)(litions ()I'Lhis decision and to ensure (tial the as-built PlartS will he tiubtllitted, 1)) All erosion COMI.01 111CUSurCs US shown cm LL platl must he ill place and reviewed by the. ['own Planner'. 0 No pesticides, fertilizers or chernicals shall be u;Cd ii) l<lwn care 01' tl-tain(.entanCe. The applicant shall incorporate this condition as a deed restriction, ll copy of the deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) Thc appl.iC:lnt shall SUbinit ati as-built plat) stamped by a Registered Professional Hi ineer in Massachusetts that shows all constructiOii, including; storin water rrtiti,,aL10t1 trCIIChes and other pertitlent site fcatutrs, "I'biS as-huilt plats shall be suhI11IR 'd to the 'l'own Planner for approval. The applicant must submit a certification from the design engineer that the site was constructcd as shown on the approved plan. h) 'I'hc Planning Roard must by a majority vote make a finding. th;zt the site is in conformance with the approved plan. 4) lit net intitancc Shall the applicant's proposed co struction be allowed to further impact the site thein as proposed on the plan referenced in Condition # 1. S) The ('011traCLor shall cotltact trig Safe at least 72 hours prior to corn mcncing excavation. 6) The. Previsions c>i'this conditional approval shall apply to and he binding upon the applicatlt, ir's empioye(cs and all successors and assigI)s ]il interest or control. 7) This permit shall be deemed to have lapsed after a two- (2) year period fron) the date on which the Special Pcrnnit was granted, or December 17. 2004 unless Wbstant.ial use or construction has commenced. CC. Applicant File CUI1:-�CIVitt1�!I) goot Lot 3 F E=_GF-I +ED ME Ci ADSHAYI Town of North Andover Planning Boaro"'T k i`n,E'_O v ER Application for Watershed Special Permit t'lease type or print clearly. t. Petitioner: William Barrett Homes Inc. Petitioner's Address: 1049 Turnpike Street Telephone number: (9 7 8 ) 682-2320 2. Owners of the Land: John R. Jr. g Elizabeth Leeman' Address: 4� Pine Ridge Road Number of years of ownership: 2 3. Year lot was created: 2002 4. Is the lot currently on septic or sewer? Sewer Available U on sewer,please provide date the sewer connection was completed:`Nn (rnnnp r i_i nn gk t present 5. Description of Proposed Project: To construct a garage and driveway zLp.cegsgry t g the fix: gi—i ng sinal a family dwelling at 383 Johnson �trPet- _ 6. Description of Premises:_ A 27 ,465 5a: Lot Located On the Westerly side of Johnson St. approximatelyr200FT, Northerly of Lise Lane. 7. Address of Property Being Affected No Current Address Zoning District:_ =3- Assessors: 3Assessors: Map: 99 A Lot# 3 Registry of Deeds: Book#: Page#: 8. Existing Lot: Lot Area(Sq.Ft) 2 7 5 6 4 S F BuildingHeight Street Frontage: 1 2 5 Fm Side Setbacks: Front Setback: 62 Rear Setback: NA Floor Area Ratio: NA Lot Coverage: 4. Proposed Lot(if applicable): NA Lot Area(Sq.Ft) Building Height 32FT. + Street Frontage: NA Side Setbacks: 72 FT_ + Front Setback: _ 6 2 FT Rear Setback: 17 3 FT. + Floor Area Ratio: NA_ Lot Coverage: NA AOk Lot 3 0. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) -1?g 0 0 0,. Building Height Street Frontage: 12 5 FT Side Setbacks: Front Setback: 3 0 Rear Setback: Floor Area Ratio: NA Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) NA #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1951 FT #of Floors: 2 Total Sq.Ft. 3738FT Height: 32FT. + Use: Single Family R _si denpe' Type ofConstnictian—Wood Frame 13. Has there been a previous application for a Special Permit from Ow Plitntdtig a""d on Own premises? No If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit 7s Being Requested_ 4 _ 1 36 Wal erGhP Special Permit 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 l3oard, Every application shall be filed with the TO*h iiil W..o offito w, u shot be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes r Owner's Signature: Print or type name here: t 4+J UZVV\A V 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of4383 Johnson Street at Lisa Lane in North Andover, Mass. showingproposed' lots, owner rJohn <R. Leeman Jr. & Elizabeth Leeman dated July 10, 2002 revised July : 26, 2002 by Merrimack Engineering Services, ,Inc. > 2. ) Site Development Plan of land lots 1-4 Johnson Street An North Andover, Mass. , for William Barrett Homes, Inc. ,"' - dated August 30, 2002, Scale V", -- 40' by Merrimack,, Engineering Services, Inc. 3 . ) Letter from Epilons Associates Inc. , dated 10/1 /02 Town otNorth AndorverPlanning ' ORRAUSHAW Application for Watershed S ' pecial Ire oVER Please type or print clearly. 2002 OCT I f A 11: S 1. Petitioner: Bt Homes , Inc'. Petitioner's Address: 10 4 9 Turnpike Street -------------- Telephan+�nurnbert 9 7 8 J 6$� -2�2 q 2. Owners of the Land: John R. Jr . & -Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 7 3. Year lot was created: 2002 4, 14 fhe lot aurroiotly no*$10ptte or e0we*.?1 e t o l; AY If on sewer,please provide date the sewer connection vias completed: No u r r e n t C o n n e c t i o n S. Description of Proposed Project: Construction o f a Sing le Family Residence and Associated utility and site work . 6. Description of Premises: A76 . 072 S f Tot 1 n c a t e d on the Westerly side of Johnson Street -a roximately 320 Ft Northerly of Lisa Lane . 7. Address of Property Being Affected No current address Zoning District: R-3 Assessors: Map: 98-A Lot# Registry of Deeds: Book#:_ 5.7$G Page#z__7 9 S. Existing Lot: Lot Area(Sq.Ft) -76 , 072 S f . BuildingHeight NA Street Frontage: -204 . 1A V+ . Side Setbacks:__ N A Front Setbacks _16 5 F t Rear Setback: NA Floor Area Ratio: NA Lot Coverage: NA 9. Proposed Lot(if applicable): PP ) Lot Area (Sq.Ft) -NA Building Height 20. F t . Street Frontage: NA Side Setbacks: 20 Ft . Front Setback: 165 Ft . Rear Setback: 30 Ft .- Floor Area Ratio: NA Lot Coverage: NA 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft) 2 s , zo Building HeightStreet Frontage: -1 2 5XF t - Side Setbacks:_2 Q+__. Front Setback: 3 0 ' Rear Setback:_jp ' Floor Area Ratio: Lot Cover e. 11. l✓xisting Building(if applicable): Ground Floor(Sq. Ft.) N A #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1939 #of Floors: 2 Total Sq.Ft. --L12-6- Height: 2 0 F t . Use: S i n g l e Family Residence Type Of Construction Wood F r a m e 13. Has there been a previous application for a Special Permit from the Planning Board on these preinises? N n If so,when and for what type of construction? 14. Section of ZoningBylaw that Special Permit Lo Being Regti"ted 4 . 136 of the Water Shed Protection District 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made onthis form which is the official of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Wil I i a m Barrett Homes Owner's Signature: --�""""" Print or type name here: John R. Jr . , & Elizabeth 'Leeman 16. Please list title of plans and documents you will be attaching to this application, 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass showing proposed lots , ' owner John R. Leeman Jr . , & Elizabeth Leeman dated July 10, 2002' revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for William Barrett Homes , Inc . , dated August 30 , 2002 , Scale 1" = 40' by Merrimack Engineering Services , Inc . 3 . ) Letter from Ipilons Associates Inc . , dated 10-1-02 ' 4 . ) Order if conditions issued by the Conservation Commission dated 8-20-02 DEP File #242-1159. nnin CLERK Application for Watershed Special IrAODOVE :Town of North Andover Pla 11: bb Please type or print clearly. 2002 OCT I I A 1. Petitioner: William Barrtott Hom s , Tnc Petitioner's Address: 1(,49 7 u_iii i.k o Street Telephone number: (9 7 8) 682-2320 2. Owners of the Land: John R. Jr . , & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 2 3. Year lot was created: 2002 4. 7s the lot currently on septic or sewer? Sewer Available If on Ne ver,plonow provide dots,the sewer corWastioa WOO COMP10041 Connection at y Property . 5. Description of Proposed Project: Construction of a Single Family R e s i d e n c e "Incl Associated utility and site work . 6. Description of Premises: Sq . on the N o r t h e r n l y amide of Lisa Lane and approximately 100 ft Westerly of Johnson Street . + 7. Address of Property Being Affected N o current address Zoning District:_: R_3 Assessors: Map: 9 8 A Lot# 2 Registry of Deeds: Book#: 5 7 A 6 Page#: 79 8. Existing Lot: Lot Area(Sq.Ft) 25 , 720 s f BuildingHeight N A Street Frontage: 176 . 75 Side Setbacks: NA Front Setback: -60 ft Rear Setback:. , N A Floor Area Ratio: N A Lot Coverage: NA 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) NA Building Height 2 2 Ft . Street Frontage: N A Side Setbacks: 7-2 Ft Front Setback: 60 F t Rear Setback: ; 67, Ft . Floor area Ratio: NA Lot Coverage: NA r ttl. Regt4rerl Lot,(as required by Zo"ing Bylaw), " Lot Area(Sq.Ft) �5Frontage: )( n Building Height t 3 5Street 125 Ft . ' Side Setbacks: Fronk Setback: �_ Rear Setback: 3 0 Moor Area Ratio: N A Lot Coverage:_ e 11. F.xi.sting Building(if applicable): (;round Floor(Sq. Ft.) NA Total Sq,Ft. #of Floors: Height: Use: Type of Construction 12. Proposed 13nildings Ground Floor(Sq.Ft.) 1610 S f 2 Total Sq. Ft. 3411 S f . #of Floors: Llse:_Sino7 ¢ Fam; 7y Residence Height: 28 Ft . . Type of Construction_ w„ d F r a m e 13. Has there been a previous application for a Special Permit from premises? No . the Planning Board on these If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special pecial Permit Big Re nested Water Shed Protection District 15. Petitioner and Landowner signature(s); Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be;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 for filing and legal notification. Failure to comply with application rresponsible for an expenses and in the Planning Board Rules and Regulations y lations ma dismissal bments,as cited herein mstilt in a dismissal by the Planning B bard of this application as incomplete. Petitioner's Signature: Print or type name here: W i l l i a m - Barrett Homes Owner's Signature: Print or type name here: 32!:�sAW John R . Jr . , & Elizabeth Leeman 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover , Mass showing proposed lots, owner John R. Leeman Jr . , & Elizabeth Leeman dated July 1'0 , 2002 revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for William Barrett Homes , Inc . , dated August 30 , 2002 , Scale 1'1 = 40 ' by Merrimack Engineering Services , Tnc : 3 . ) Letter from Epilons Associates Inc . ' dated 10-1-02 -U NED Town of North Andover Planning Boa i� A,�wOVER Application for Watershed Special Permit 11. Co LUUL Please type or print clearly. 1. Petitioner: William Barrett Homes Inc. Petitioner's Address: 1049 TurnAike Street Telephone number: (9 7 8 ) 682-2320 2. Owners of the Land: John R. Jr & Elizabeth Leeman Address: 45 Pine Ridge Road ' Number of years of ownership: 2 3. Year lot was created: 2002 4. Is the lot currently on septic or sewer? Sewer If on sewer,please provide date the sewer connection was completed: 9,/14.f 8 2 � 5. Description of Proposed Project: To cansfrnrt a claragP and driveway 383 Johnson Street. 6. Description of Premises: A 2 7 01 h SP 1 o to with an existing dwelling located on the Westedly side of Johnson Street and abutting the Northerly side of Lisa Lane 7. Address of Property Being Affected 383 Johnson Street Zoning District: R-3 Assessors: Map: 98 A Lot# 1 Registry of Deeds: Book#: 5786 Page#: 79 S. Existing Lot: Lot Area(Sq.Ft) 2 7 01 6 SF BuildingHeight 2 5FT +/- Street /-Street Frontage: 175- 29 Side Setbacks:. 2 1 FT Front Setback: 52 f Rear Setback:_ 31 .4 FT Floor Area Ratio: N-A Lot Coverage: NA 9. Proposed Lot(if applicable): Lot Area(Sq. Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11). Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 25 .000 Building Height 3 5' Street Frontage: T 25 FT Side Setbacksr Front Setback: ' 3 11 Rear Setback: _ 3 0 Floor Area Ratio: NA ` Lot Coverage: NA 1.1. Existing Building(if applicable): Ground Floor(Sq.Ft.) 1 8 4 0 SF #of Floors: 2 Total Sq.Ft. 4680 Height:' 2 5FT +T- Use: RinglA Fami_l RPGitienc e Type of Construction Wood Frame 12. Proposed Buildings Ground Floor(Sq.Ft.) (Garage) #of Floors: 1 Total Sq.Ft, 5-2ESE- .-- ,. Heightt Use: Garage Type of Construction wnnr3 Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? —n If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is Being Requested 4 136 Watershed Special Permit 1s, Rptitioner and Landowner sinnature(s)a 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 shallbe the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes Owner's Signature: Print or type name here: hi A 16. Please list title of plans and documents you wffl be attaching to this application. 1 . ) Plan of land of 383` Johnson'Street at Lisa Lane in North Andover, Mass showing proposed lots, owner John R` Leeman Jr. & Elizabeth Leeman dated July 10, 2002 revised July 26, 2002 by Merrimack Engineering Services, Inc. . 2. ) Site Development Plan of land lots 1-4 Johnson Street in North Andover, Mass. , ,for William Barrett Homes, Inc. dated August 30, 2002, Scale 1 " '= 40 ' by Merrimack Engineering Services, Inc. 3 . ) Letter from Epilons Associates Inc. , dated 10-1-02 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242"1159 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information important: When filling From: out forms on North Andover the computer, conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do Order of Conditions not use the return key. ❑ Amended Order of Conditions VQ To: Applicant: Property Owner(if different from applicant): William Barrett Homes Mr.John R. Leeman, Jr. F�nk Name Name 1049 Turnpike Street 45 Pine Ridge Road Wong Address Mailing Address North Andover MA 01845 North Andover MA 01845 City/Tom state Zip Code City/Town State Zip Code 1. Project Location: 383 Johnson Street North Andover street Address city/rown Map 98A Parcel 1 Assessors AAap/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 5786 79 county Book pap Certificate(if registered land) 3. Dates: 8-2-02 8-14-02 8-20-02 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): See Attached Special Conditions Title Date 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: $550 (+ $50 bylaw fee) (from Appendix B.Wetland Fee Transmittal Form) WPA Forth 5 Rev.02/00 Page 1 of 1 Massachusetts Department DEP File N p rent of Environmental Protection umber: Bureau of Resource Protection - Wetlands a WPA Form 5 Order of Conditions 242- '�' Provideedd by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent, these conditions shall control Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site,the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any to injury IIp riv ate property or invasionof private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,al, state, or local statutes,ordinances, bylaws, or regulations. WPA Form 5 Rev.02100 Page 2 of 2 . Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection -Wetlands 242-1159 WPA Form 5 - Order of Conditions Provided by D& Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b, the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish,or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper;cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Omer 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"for, "MA DEP"] "File Number_" 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. WPA Form 5 Rev.02/00 Page 3 of 3 Massachusetts Department of Environmental Protection DEP FileNumber: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 24vided y DEP } 09Provided b Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings cont. 15. This Order of Conditions shall apply to any successor in interest or successor in.control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and it the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): Please refer to the attached Special Conditions. Findings as to municipal bylaw or ordinance Furthermore,the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically. North Andover c.178 of the Code of North Andover Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the pians, specifications,or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Rev.02100 Page 4 of 4 242-1159 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 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. 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. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application t p pp o the issuing authorityat least days (30)prior to the expiration date of the Order (Refer to Section VIII(p.15) it of the North Andover Wetland Regulations). Order of Conditions242-1159 1 NACC 8/20/02 242-1159 6. 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. 7. 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. 8. 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. 9. 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. 10. The proposed work includes: driveway construction,utility installation and buffer zone restoration measures within the Buffer Zone of a Bordering Vegetated Wetland (310 CMR 10.55)in the Lake Cochichewick Watershed. 11. 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: Epsilon Associates,Inc. DATED August 2,2002 Plans prepared by: Merrimack Engineering Services Entitled"Site Development Plan of Land" Date:July 30,2002 Huntress Associates,Inc. Entitled"Buffer Zone Restoration Plan" Date:August 5,2002 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated g g Wetland (SV41)within the Lake Cochichewick Watershed. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. Order of Condirions242-1159 2 NACC 8/20/02 242-1159 The applicant has not attempted to overcome the presumption of significance h of these resource areas to the identified interests. 13. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance,the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 14. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(251 No-Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). 15. 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. 16. 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. 17. 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 Order of Conditions242-1159 3 NACC 8/20/02 242-1159 of the drainage system,if accepted by the Town as part of a public way, becomes the responsibility of the Town. 18. 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 19. 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. 20. 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 ofQrder -- 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. 21. 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 242-1159." 22. 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 agencies.e .This g may.result in changes to the project plans or wetland impacts. If any such changes occur a revisedp lan Order of CondMons242-1159 4 NACC 8/20/02 242-1159 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. 23. 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. 24. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 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. 25. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on 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. 26. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of twenty (20)hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be I� used for the normal control of erosion. Order of Conditions242-1159 5 NACC 8/20/02 242-1159 27. A check payable.to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC, and Town Counsel,and shall be released after completion of the project,provided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 28. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor"to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site, during any 24-hour period,including weekends. This.person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site in the buffer zone and for as long thereafter as ground remains unstabilized in the buffer zone,the applicant shall submit a written report from the "Erosion Control Monitor"to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. 29. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 30. Prior to construction,the applicant shall permanently mark the edge of the Planning Board's 75'No-Disturbance Zone with signs or markers spaced g p evenly every 50'incorporating the following text: "Protected Wetland I� Order of Conditions242-1159 6 NACC 8/20/02 242-1159 Resource Area" (available for sale of the Conservation Department). 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 prior to their installation. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers .and all persons taking over the property from the applicant. 31. 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 be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 32. 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 33. Upon beginning work,the applicant shall submit written progress reports every (1) 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. Order of Conditions242-1159 7 NACC 8/20/02 242-1159 34. The sewer line on the site shall be tested for water tightness in accordance with North Andover DPW standards. 35. 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. 36. No exposed area shall remain unfinished for more than thirty(30) days, unless approved by the NACC. 37. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 38. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 39. Washings from concrete trucks,or surplus concrete,shall not be directed to, any drainage system,or wetland resource area. 40. 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 100'of areas subject to protection under the Act or local ByLaw. 41. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 42. 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 Order of Conditions242-1159 8 NACC 8/20/02 242-1159 43. 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. 44. 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 is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 45. 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. 46. 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. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. 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 Order of Conditions prior to purchasing their property. d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file number. g. 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. h. A written statement from a qualified wetland scientist stating all restoration activities have been completed in accordance to the approved plans. i. An "As-Built"plan prepared and signed and stamped by a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: I Order of Conditions242-1159 9 NACC 8/20/02 242-1159 ➢ "As-Built"post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "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 wetland under the local wetland 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,and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work"includes gU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 50. 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# 242-1159. Future work within 100'of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI(page 18)of the Regulations for performance standards within these zones). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants; (Condition 42) ➢ Prohibition of underground fuels; (Condition 43) ➢ Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides; (Condition 44) Order of Conditions242-1159 10 NACC 8/20/02 k9iMassachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 242-1159 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached. This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. This Order of Conditions is valid until August 20,2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested nd delivered to the applicant.A copy also must be mailed or hand delivered at the same time to appropriate Department of Environmental Protection Regional Office(see Appendix A)and the ope caner(if different from applicant). Signatures: G� On Of August 2002 Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowl ged that he/she ex e ted the same as his/her free act and deed. oPublic ��—f,CL,:—`1� rY My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail,return receipt requested,on 8-2A02 Date Date WPA Form 5 Page 5 of 5 Rev.02100 Massachusetts Department of Environmental Protection DEP File"umber. Bureau of Resource Protection - Wetlands 242-1159 WPA Form 5 - Order of Conditions Provided by DEP i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant,the owner,any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall.state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act,(M.G.L.c. 131,§40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission WPA Form 5 Rev,02100 Page 6 of 6 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 242-1159 WPA Form 5 Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped b the Registry ist of Deeds and submit Y e9 iY to the Conservation L tion Commission. North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 383 Johnson Street DEP#242-1159 Project location DEP File Number Has been recorded at the Registry of Deeds of: Essex 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 WPA Form 5 Rev.02foo Page 7 of 7 FLIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 — A. Request Information Important: When filling 1• Person or party making request(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do CAW rown not use the State Zip Code return key. phone Number Fax Number(if applicable) Project Location II I Mailing Address city/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1- When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.8120/02 Page 1 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions cont. 2. On a separate sheet attached to this form, state clearly and concise! the objections Determination or Order which is bei a y 1 ons to the ng appealed.To the extent that the Determination or Order is based on a municipal bylaw,and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand deliveryto the Appendix A). appropriate DEP Regional Office (see 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpafonn5.doc•Appendix E•rev.8/20/02 Page 2 of 2 242-1159 Appendix "A" AFFIDAVIT I, (authorized agent applicant and/or current owner) on oath do hereby depose and state: (PLEASE CHEC%AT LEAST ONE BLOC) 1• I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2• I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP orNACC 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 199 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19_. Order of Conditions242-1159 11 NACC 8/20/02 r 1 LlMassachusetts Department of-Environmental Protection Bureau of Resource Protection - WetlandsBRA®SHA WPA Appendix E — Request for Departmental Action F 40_ a Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IANDOVER .T�01 A. Request Information Important: When filling out Person or party making request(If appropriate, name the citizen group's representative): ): forms on the _Kevin &Alison Sparks computer, use Name only the tab 32.5 Johnson Street key to move — your cursor- Mailing Address do not use the North Andover MA 01845 return kev. City/Town State Zip Code (978) 682-8736 1 Phone Number Fax Number(if applicable) rA Project Location 383 Johnson Street jai!n?Address North Andover MA 01845 City/Town State Zip Code 2. Applicant (as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): William Barrett Homes Name 1049 Turnpike Street Mailing Address North Andover MA 01845 City/Town State Zip Code (978) 682-2320 (978) 682-2397 Phone Number Fax Number(if applicable) 3. DEP File Number: 242-1131 B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ® Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Npaform4b.coc•Acoencix E-rev.2,100 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed.To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Wpaform4b.doc•Appendix E•rev.2100 Page 2 of 2 April 9, 2002 Department of Environmental Protection Northeast Regional Office 205A Lowell Street Wilmington, MA 01887 Phone: 978-661-7600 FAX: 978-661-7615 Dear Sir or Madam: We are appealing the Order of Resource Delineation(ORD) #242-1131, sought by L^Julia;. Barret, Homes (1049 Turnpike St., N. Andover, MA 01845) in an Abbreviated Notice of Resource Area Determination (ANRAD) filed on 3/15/02, and issued on 3/28/02. We feel that the determination by the North Andover Conservation Commission, approving the delineation of the bordering wetland boundaries sought by Mr. Barrett - and thus the subsequent 25' No-Disturbance Zone, 50' No-Construction Zone, and 100' Buffer Zone - is inaccurate. Current and historical hydrology and vegetation of the 383 Johnson Street property suggests that the wetlands area extends much farther from the delineated wetlands border approved by this ORD. The property is a disturbed site. The property, owned by John Leeman, was cleared and with a bulldozer over several weeks in October 2000 under Mr. Leeman's direction, without permits, severely impacting vegetation, topsoil and an old rock-edged Japanese pond (pre-1945). The disturbance included the delineated wetlands area as filed in ORD #242-1131, as well as a significant area of adjoining properties owned by Jim and Elaine Keshian (Map 98A-47, Kiernan Rd) and Dorothy Levy (Map 98A-46, 27 Kiernan Rd). No restoration of the delineated wetlands has occurred, nor has any reparation been made to the abutting properties that were cleared in the process of clearing 383 Johnson Street. When requested, the North Andover conservation administrator, Julie Parrino, indicated that no enforcement orders had been written against the unpermitted disturbance as of 3/29/02, despite the impression from the 3/27/02 hearing to the contrary. Hydrology The Japanese pond (site marked by the rock pile on the property map, approximately 80 ft. long x 30 ft. wide) served as a vernal pool with standing water through the spring and mid summer each year, evaporating to soggy soil in mid-summer; soils in the pond always remained saturated. Two --20" deep sample holes, dug on 3/28/02 by a geologist and friend of the current tenants (and former owners), yielded thick (20") organic topsoil horizons and unoxidized saturated subsoil samples that were indicative of wetlands hydrology. The first hole, 40 feet from the SW corner of the Japanese pond site, heading ORD#242-1131 Appeal Page 1 of 4 straight towards Johnson St., showed standing water up to 6 inches from the surface on 3/30/02. The second hole, 40 feet from the NE corner of the Japanese pond site, heading straight towards Johnson St., had continual water seepage within 1 ft. of the surface on 3/30/02. Both holes showed saturated soil conditions during a declared drought; there was no significant rainfall between when the holes were dug (3/28/02) and the above observations (3/30/02). On 3/30/02, there were also significant areas of standing water over -25% of the pond site, below the pond site towards Johnson Street to the brook (extending beyond the delineated wetlands area), and between the pond site and brook near the back property line. Soils The soils at the 2 test holes were observed to be fine sandy silty clays (SC), and are in contrast to the sands indicated in the town's report. It is probable the delineator sampled fill soils and did not evaluate a large enough area of the parcel. Although the delineation discusses non-hydric soils, it is clear that offset borings need to be made in non-fill areas to confirm or deny the upgradient limit of the wetlands boundary. Vegetation The vegetation, both remaining and historical, indicate that the wetlands area extends beyond the current delineation approved by the ORD. In the area bordered by the brook, Johnson St., the back property line and the current driveway, there are numerous red map!es (FAC), silver maples (FACW), an American elm on the driveway (FACW-); another American elm was taken down by the unpermitted disturbance behind the Japanese pond site. The former owner (Mary Hoag) and her family identified the following plants also growing in this area before the disturbance: northern arrow-wood FACW- poison ivy FAC flat-top white aster FACW swamp jack-in-the-pulpit FACW- panicled aster FACW creeping jennie OBL small white aster FAC red maple FAC blue-eye grass, pointed FACW common marsh marigold OBL northern swamp buttercup OBL skunk cabbage OBL tall buttercup FAC+ lady's thumb FACW red osier dogwood FACW+ spotted touch-me-not FACW American elm FACW- pink turtlehead FACW+ false solomon's seal, starry FACW common blue violet FAC cinnamon fern FACW northern white violet 0131- ostrich BLostrich fern FACW We believe that the land clearing actions of Mr. Leeman have clearly and directly served to mask the evidence of wetlands vegetation and hydrology. ORD#242-1131 Appeal Page 2 of 4 g _77r MIN X , a Due Diligence In addition to a wetlands violation by Mr. Leeman (acknowledged by the conservation commission during the public hearing on 3/27/02), the illegal clearing of abutting property, and the contradiction between historical and current hydrological and vegetation evidence and the data presented by Mr. Barrett, the public hearing process appeared to be rushed, and to discourage participation and scrutiny from town residents. • Notice of the 3/27/02 public hearing was not posted in Town Hall as prescribed by town procedures (Julie Parrino, when questioned on 3/26/02, acknowledged that notice of the hearing was not posted, nor would be posted due to staff shortages). The public hearing notice was published in the Lawrence Eagle Tribune on 3/18/02. - • Jim Keshian (3/18), Alison Sparks (3/26), and Kevin Sparks (3/27)were told on three separate occasions by the conservation administrator that the hearing would be very late, occurring after 14-15 other agenda items. Kevin Sparks was told that it could easily be 11:00 pm or later before the hearing occurred. The hearing occurred at 9:00 pm; Alison Sparks missed the beginning of the hearing and Charles Salisbury, an abutter who was not officially notified of the hearing, missed the hearing completely. • As indicated, not all abutters were notified of the hearing. When this was questioned in the hearing, the conservation committee attributed the error to a town employee and claimed that it was not Mr. Barrett's fault. The list of abutters on the Abbreviated Notice of Resource Area Delineation, filed by Mr. Barrett on 3/15/02, did not include Charles and Martha Salisbury, whose property line is —109' (town rules require 300') from the 383 Johnson St. property at the shortest distance. • During the hearing, Alison Sparks raised the issue and history of the Japanese pond, and inquired whether the soil samples had included the pond area. Mike Howard (Epsilon Associates, Inc.) and Julie Perrino (conservation administrator) indicated they had; although none of the sample sights in the ANRAD submittal (the only ones flagged or marked on the site plan) include the pond area. Mr. Manzi of the commission indicated that it should be noted that the soil analysis and.historical information of the pond were inconsistent, leaving it ambiguous as to whether the commission would look further into this issue. • At the close of the hearing, it was not clearly stated, nor was a vote taken, to indicate that the conservation committee had approved the ANRAD request by Mr. Barrett. On 3/29, upon requesting a copy of the 3/27 conservation committee meeting minutes to obtain documentation of the action taken by the conservation committee, the conservation administrator informed Kevin Sparks that there were no minutes available for that meeting as well as any meetings dating back to last year. Although most of these are issues which deal with town regulations, rather than DEP regulations, they raise our concern whether proper due diligence has been done in this case. Conclusion We feel that based on historical and current hydrology, soils and vegetation on the 383 Johnson St. property, the current wetlands delineation approved by the North Andover Conservation Commission is not accurate and that the correct wetlands boundary extends over a much broader area. This property resides within an area of holding ponds ORD#242-1131 Appeal Page 3 of 4 and streams that feed into the Lake Cochichewick watershed, which serves as the town's primary water source. The brook at the easterly property line drains the Mill Hill area, starting at the intersection of Sutton Hill Road and Sandra Lane, feeding a chain of small ponds, and traverses 3-4 miles before draining into Lake Cochichewick. Incorrectly minimizing the wetlands region would not only destroy fragile and valuable wetlands within the watershed, but could also divert water flows to lower topography on abutting properties, creating chronic storm water drainage and flooding to those properties.. We request that the Department of Environmental Protection review our q p appeal of the Order of Resource Delineation #242-1131 and order a much more comprehensive hydrological, soil and vegetation survey of the 383 Johnson St. property, specifically surveying the area bordered by the brook, Johnson St., the back property line and the current driveway, under the direct supervision of the DEP and the North Andover Conservation Commission. So that this can occur in a timely fashion for all interested parties, we recommend that the evaluation of the hydrology, soils and vegetation of the 383 Johnson St. property be done by an independent environmental engineering firm by 4/30/02, followed by a public hearing, with proper notification of all abutters by the applicant and town, by 5/30/02. The North Andover Conservation Committee may have recommendations for the independent environmental engineering firm; one such firm used by the town on several occasions is Patrick Seekamp (Seekamp Wetland Consulting, 10 Elm St., Newton Junction, NH 03859, 603-382-3896). We also request that the North Andover Conservation Committee immediately issue an enforcement order for restoration of the disturbed wetlands that occurred in October 2000, if this has not been done already. Sincerely, Alison and Kevin Sparks 325 Johnson St., N. Andover ORD #1242-1131 Appeal Page 4 of 4 Town of North Andover Office of the Planning Department Fr °y, o°A Community Development and Services Division a 27 Charles Street North Andover, Massachusetts 01845 Planningttp://www.townofnorthandover.com Director: hjwoods@townofnorthandover.com P (97 8 �935 5 J. Justin Woods F (978)688-4542 NOTICE OF MINOR MODIFICATION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTEDcn # August 6,2003 3 c°, Joe Pelich,Jr. _ C ' y 383 Johnson Street Realty Trust r, =r 44 Mitchell Road Ipswich, MA 01938 % RE: 383 Johnson Street Lot 1 Administrative Approval of Minor Modification to Watershed Special Permit Dear Mr. Pelich: I am in receipt of your letter dated July 28, 2003, your handwritten site plan calculations, and I have reviewed the proposed changes depicted on the architectural drawings titled, "Johnson Street Residence," which were prepared by Architectural Resign Concepts and on the plan titled, "383 Johnson Street Realty Trust," which was prepared by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810,Scale 1"=40',Dated 8/1/03. In accordance with Special Condition 1(b) of the Watershed Special Permit dated December 23, 2002, I find that proposed changes are not substantial. Accordingly, I am administratively approving your request to move the location of from Johnson Street to Lisa Lane and to expand the approved 2 stall 24x24 garage and replace it with a 3 stall 24x34 garage as well as construct a breezeway attaching the garage to the back door of the existing house. Please feel free to call me if you have any additional questions. Sincerely, _ J. ' Woods,Planning Director cc: Community Development Dir. Health Administrator Engineer Conservation Administrator Planning Board Assessor Director of Public Works Police Chief Clerk Building Commissions Fire Chief Planning Board Applicant BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover °Rrk Office of the Planning Department �3: •` w '`°° Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 h //www. ownofnoranover.com Planning Director: �' tthdP (978)688-9535 J.Justin Woods lwoods@townofnorthandover.com F (978) 688-9542 NOTICE OF MINOR MODIFICATION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED ,- r # r?Ood 0610 b00b 0$94 426 � W August 6,2003 s " Joe Pelich, Jr. 3'`, 3 83 Johnson Street Realty Trust A, = 44 Mitchell Road w ` : Ipswich,MA 01938 RE: 383 Johnson Street Lot 1 Administrative Approval of Minor Modification to Watershed Special Permit Dear Mr. Pelich: I am in receipt of your letter dated July 28, 2003, your handwritten site plan calculations, and I have reviewed the proposed changes depicted on the architectural drawings titled, "Johnson Street Residence," which were prepared by Architectural Design Concepts and on the plan titled, "383 Johnson Street Realty Trust," which was prepared by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810, Scale 1"=40',Dated 8/1/03. In accordance with Special Condition 1(b) of the Watershed Special Permit dated December 23, 2002, I find that proposed changes are not substantial. Accordingly, I am administratively approving your request to move the location of from Johnson Street to Lisa Lane and to expand the approved 2 stall 24x24 garage and replace it with a 3 stall 24x34 garage as well as construct a breezeway attaching the. garage to the back door of the existing house. Please feel free to call me if you have any additional questions. Sincerely, J Woods,Planning Director cc: Community Development Dir. Health Administrator Engineer Conservation Administrator Planning Board Assessor Director of Public Works Police Chief Clerk Building Commissioner Fire Chief Planning Board Applicant BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Planning Department FrX Community Development and Services Division . 27 Charles Street North Andover, Massachusetts 01845 ��s,c++us Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 Notice Of Decision N Any appeal shall be Bled c� - r,: h;CD Within(20) days after the C-) Date of filing this Notice Uj In the Office of the Town r-> Clerk D < ©t= Date: December 17, 2002 '�9 - Date of Hearing: December "2002 &December 17, 2002 Petition of: William Barrett Homes, Inc., 1049 Turnpilce Street,North Andover MA Premises Affected: 383 Johnson Stmt,Lots 1,2, 3,&4,North Andover,MA 01845 Referring to the above petition for Watershed Special Permits for Lots 1—4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A, sec. 9. So as to allow: For Lot 1;construction of a 576 sl garage,driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2;construction of a 3,415 s.f residence,paved driveway, drainage structures and grading within the Non-Discharge Zone. For Lot 3;construction of a 3,738 s.f residence, a portion ofpaved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of a paved driveway,grading and drainage in the Non- Disturbance Zone. For Lot 4;construction of a 2,596 s.f residence a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of small portion of the structures, a paved driveway, grading and drainage structures in the Non-Disturbance Zone. After public hearings given on the above dates, the Planning Board voted to APPROVE the Watershed Special Permits, based upon the following co itions: Signed: J - n Simons,Chairman Cc: Applicant Building Department Richard Nardella, Clerk Engineer Conservation Department Felipe Schwarz Abutters Health Department George White DPW ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 383 Johnson Street,Lot 2 Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street North Andover MA 01845 submitted ted on October 11, 2002,requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 3,415 square foot single family residence, a paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 the Planning Board makes the fording 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 structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as most of the buildable portion of the lot is located within the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; i b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific fording 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: ry 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land Lots 1-4 Johnson Street North Andover,MA For William Barrett Homes Inc. Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: I"=40' Date: August 30,2002,last revised November 11,2002 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand ($1000)dollars in a form acceptable 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The PIanning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6) 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. 7) This permit shall be deemed to have lapsed after a two- (2)year period from the date on which the Special Permit was granted, or December 17, 2004 unless substantial use or construction has commenced. CC. Applicant Engineer File A3 Town of North Andover "aRTk Cf•{44Y "'1 Office of the Planning Department Community Development and Services Division 27 Charles Street �.'b•,r.o+ t`' North Andover,Massachusetts 01845 Telephone(978)688-9535 Heidi Griffin Fax(978)688-9542 Plaiming Director Notice Of Decision 9-4 � "x Any appeal shall be filed Within(20) days after the Date of filing this Notice w >n '= In the office of the Town ar�sorP; z r--v�.. � Clerk -� Date: December 17,2002 co Date of Hearing: December 3;;22 &December 17,2002 -0 Petition of: William Barrett Homes,Inc., 1049 Turnpike Street,North Andover MA Premises Affected: 383 Johnson Street,Lots 1,2, 3,&4,North Andover,MA 01845 Referring to the above petition for Watershed Special Permits for Lots 1-4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A,sec. 9. So as to allow: For Lot 1;construction of a 576 s.f garage,driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2;construction of a 3,415 s.f residence,paved driveway,drainage structures and grading within the Non-Discharge Zone. For Lot 3;construction of a 3,738 s.f.residence,a portion of paved driveway,drainage structures and grading within the Non-Discharge Zone, and construction of a paved driveway,grading and drainage in the Non- Disturbance Zone. For Lot 4;construction of a 2,596 s.f. residence a portion of paved driveway,drainage structures and grading within the Non-Discharge Zone, and construction of small portion of the structures, a paved driveway, grading and drainage structures in the Non-Disturbance Zone. After public hearings given on the above dates,the Pinning Board voted to APPROVE the Watershed Special Permits,based upon the following conditions: Signed:;Simons, Chairman Cc: . Applicant Building Department Richard Nardella,Clerk FeliSchwarz Engineer Conservation Department Ge White Abutters Health Department DPW ZBA Bp.ARI)OF APPEALS 688-9541 BUILDING 6$8-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ,3�-3 3(-VA6CK) Town of North Andover f V%ORTN Office of the Planning Department 0 Community Development and Services Division - 27 Charles Street9i North Andover,Massachusetts 01845 CHWU Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 Notice Of Decision rl,, Any appeal shall be filed Within (20 s after the t ) days q r-) v) Date of filing this Notice :ZM N 2:rz) In the Office of the Town w >C-.):;u El Clerk D �n i o �cnc� Date: December 17,2002 ; Date of Hearing: December 3, 22002 &December 17, 2002 -° Petition of: William Barrett Homes, Inc., 1049 Turnpike Street,North Andover MA Premises Affected: 383 Johnson Street, Lots 1, 2, 3,&4,North Andover,MA 01845 Referring to the above petition for Watershed Special Permits for Lots 1—4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A, see. 9. So as to allow: For Lot 1;construction of a 576 s.f garage,driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2;construction of a 3,415 s.f residence,paved driveway, drainage structures and grading within the Non-Discharge Zone. For Lot 3;construction of a 3,738 s.f residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of a paved driveway, grading and drainage in the Non- Disturbance Zone. For Lot 4;construction of a 2,596 s.f residence a portion of paved driveway,drainage structures and grading within the Non-Discharge Zone, and construction of small portion of the structures, a paved driveway, grading and drainage structures in the Non-Disturbance Zone. After public hearings given on the above dates,the Planning Board voted to APPROVE the Watershed Special Permits,based upon the following conditions: I Signed: J��TIC X66 Simons, Chairman Cc: , Applicant Building Department Richard Nardella,Clerk Engineer Conservation Department Felipe Schwarz Abutters Health Department George White DPW ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i 383 Johnson Street,Lot 4 Special Perndt-Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002,requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 2,596 square foot single-family residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. And to allow construction of a small portion of the structure, a paved driveway, grading and drainage structures in the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 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 structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. g) This lot was issued an Order of Conditions by the Conservation Commission on August 20, 2002,DEP#242-1159. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as the entire lot is within a protected zone. The structure, driveway, and drainage structures are designed to provide maximum setback from the wetlands on site. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land Lots 1-4 Johnson Street North Andover,MA For William Barrett Homes Inc. Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: 1"=40' Date: August 30,2002,last revised November 11,2002 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand ($1000)dollars in a form acceptable 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be subndtted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town PIanner 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) 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. 5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6) 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. 7) This permit shall be deemed to have lapsed after a two- (2)year period from the date on which the Special Permit was granted, or December 17, 2004 unless substantial use or construction has commenced. cc. Applicant Engineer File Conservation Town oforttAndover ora �* Office of the Manning Department Community Development and Services Division - 27 Charles Street DA•iED �y'(•7 North Andover, Massachusetts 01.845 4SsACHUS K Heidi Griffin Telephone(978)688-9535 Planning Directat• Fax(978)688-9542 Notice Of Decision _ Any appeal shall be filed -� , { Within (20) days after the ?= M P} Date of filing this Notice M In the Office of the Town o M r-11 G Clerk M Date: December 17,2002 cn Date of Hearing: Decembe£9,2002 &December 17, 2002 h Petition of Wi?tiam Barrett Homes,Inc., 1049 Turnpike Street,North Andover MA Premises Affected: 383 Johnson Street,Lots 1,2, 3, &4,North Andover, MA 01845 Referring to the above petition for Watershed Special Permits for Lots 1 —4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A,sec. 9. So as to allow: For Lot 1;construction of a 576 s.f garage, driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2;construction of a 3,415 s.f residence,paved driveway, drainage structures and grading within the Non-Discharge Zone. For Lot 3;construction of a 3,738 s.f residence, a portion of paved driveway,drainage structures and grading within the Non-Discharge Zone, and construction of a paved driveway,grading and drainage in the Non- Disturbance onDisturbance Zone. For Lot 4;construction of a 2,596 s.f residence a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of small portion of the structures, a paved driveway, grading and drainage structures in the Non-Disturbance Zone. After public-hearings given on the above dates, the Planning Board voted to APPROVE the Watershed Special Permits, based upon the following conditions:_ Signedg• � ohn Simons, Chairman Cc: Applicant Building Department Richard Nardella,Clerk Engineer Conservation Department Felipe Schwarz Abutters Health Department George White DPW ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 383 Johnson Street,Lot 3 Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 3,738 square foot single-family residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. And to allow construction of a paved driveway, grading and drainage structures in the Non-Disturbance Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 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 Dr quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VBB, and with the application of the erosion control, and use of organic low nitrogen fertilizers,there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as the entire lot is within a protected zone. It is not reasonable to flip the house layout and move the driveway out of the Non-Disturbance Zone as that would cause unnecessary alteration in the natural topography of the lot and cause possible conflict with the Residential-3 District building setbacks. r In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land Lots 1-4 Johnson Street North Andover,Mei For William Barrett Homes Inc. Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: 1"=40' Date: August 30,2002,last revised November 11,2002 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand ($1000) dollars in a form acceptable to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and.to ensure that the as-built plans will be submitted. r b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate rporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6) The provisions of this conditional approval shall apply to and be binding upon the applicant,it's employees and all successors and assigns in interest or control. 7) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted, or December 17, 2004 unless substantial use or construction has commenced. cc. Applicant Engineer File f Town of North Andover ,IORTH Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ��sACHU$�� Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 Notice Of Decision Any appeal shall be filed L_;CD _ Within(20) days after thej, M ; Date of filing this Notice w In the Office of the Town > Clerk > --jo Date: December 17, 2002 Date of Hearing: December -'2002 &December 17, 2002 h Petition of: William Barrett Homes,Inc., 1049 Turnpike Street,North Andover MA Premises Affected: 383 Johnson Street,Lots 1, 2, 3,&4,North Andover, MA 01845 Referring to the above petition for Watershed Special Permits for Lots 1 —4. The application was noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover Zoning Bylaw and M.G.L. c.40A, sec. 9. So as to allow: For Lot 1;construction of a 576 s.f garage, driveway and grading and drainage structures within the Non-Discharge Zone. For Lot 2;construction of a 3,415 s1 residence,paved driveway, drainage structures and grading within the Non-Discharge Zone. For Lot 3;construction of a 3,738 s.f residence, a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of a paved driveway, grading and drainage in the Non- Disturbance Zone. For Lot 4; construction of a 2,596 s.f residence a portion of paved driveway, drainage structures and grading within the Non-Discharge Zone, and construction of small portion of the structures, a paved driveway, grading and drainage structures in the Non-Disturbance Zone. After public hearings given on the above dates,the Planning Board voted to APPROVE the Watershed Special Permits, based upon the following co itions: Signed: J ` n Simons, Chairman Cc: Applicant Building Department Richard Nardella, Clerk Engineer Conservation Department Felipe Schwarz Abutters Health Department George White DPW ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 383 Johnson Street,Lot 2 Special Permit- Watershed Protection District The Planning Board makes the following findings regarding the application of William Barrett Homes, Inc., 1049 Turnpike Street, North Andover, MA, 01845, submitted on October 11, 2002,requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 3,415 square foot single family residence, a paved driveway, drainage structures and grading within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 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 Y entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed structure will use the Town sewer system. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) Certification has been provided by a registered professional engineer that the new structure will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The plans and documentation have been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion control, and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity, associated with the proposed project as most of the buildable portion of the Iot is located within the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: h 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land Lots 1-4 Johnson Street North Andover,MA For William Barrett Homes Inc. Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Scale: F'=40' Date: August 30, 2002,last revised November 11,2002 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand ($2000)dollars in a form acceptable 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) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plana 4) In no instance shall the applicant's proposed construction be allowedhto further impact the site than as proposed on the plan referenced in Condition# 1. 5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 6) 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. 7) This permit shall be deemed to have lapsed after a two- (2)year period from the date on which the Special Permit was granted, or December 17, 2004 unless substantial use or construction has commenced. CC. Applicant Engineer File