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HomeMy WebLinkAboutMiscellaneous - 415 SALEM STREET —RK 71C TO 'J, TOWN OF NORTH ANDOVER VARIANMI6 Pt 4: 28 ZONIN OARD OF APPEAt� NAME: S _ a A {rf - ADDRESS OF APPEAL: / r w h7ivwhterk l=ime Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters) and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Parry in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17, within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten(10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office �( MAR 11 2006 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please cofnpbo aN items t-t0 below: 1. Petitioner: *Name, *Address and telephone number: 7 7 7oN►� � Si%�U�N f ��� 3 Z2 "VA"T V&Ww /(?0A_ MY0172-1 *'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: C/< �I L W _CP Vry&) V ' 'W1 c.t�c� Juti 76-35'Z-707 22- (')MV-F �� 4D 8)y- M4 0/1'z'? Years Owned Land: p PUS'Aja /job' 3 3. Location of Property: ' a. Street: Y(J Zoning District: b. Assessors: Map number: 379 Lot Number: 3 c. Registry of Deeds: Book Number: /0073 Page Number: ?1Z 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. SL cThA,J 7, 1, f 7,1,Z 4 7, Z si 7�q&_ Z, `Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: �� � ��G� �� ��� Z ji'.rl t f r a v � i�/l,Pf�l , 1 1(G/ J SFr n/.AA`n Vr , The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq,1lFt. Sq. Ft. Cov_errJage QFe�et Spaces Front Side A Side B Rear P _� J 'z,6 Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9G6,t7 3,35 z zv Z y©, W 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Unite* t *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** � ��fr✓� c *Reference Uses from the Zoning Bylaw Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this respo sibirty. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applicatio rements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the g Bo of t i lication as incomplete. Signature: Nrj P fO�.L. Type above name(s) here: , IV PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a n Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17', preferred scale of 1"=401 detail all facts relied upon. When requesting a Variance [n One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and lin Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F, are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or t) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions m Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Fads relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan rt finding that relief S. Names addresses and phone numbers of the ell upon to support a E. Facts relied po ppo ng sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the Intent or purpose surveyor. of the Ordinance. { F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an.asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.8. Mailing labels: Applicant shall provide four(4) Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). 1)five (5) or more parking spaces, 11.C. See 2005 Revised Fee Schedule. Q)three (3)or more dwelling units, [II)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B& 1 (one)year if not exercised and a new petition must. 10C features, that the plans show detailed utilities, soils, be submitted.4 and topographic information. pORTsq Zoning Bylaw Deirlial Town Of North Andover Building Department 4W Osgood St North Ando', MA. 01845 '=s:;�w►u`; Phone 976-iii-546 FaxMaWL0 !7 Street: r� t: ApOicant rD vt Request Date, A*M is Please be advised that afltelr r+l "of your Application and Plans that yob + DENIED for the Zoning Byfaw nwOns: Notes Ilefn Notes Zoning item A Lot Aron F Froetage 1 Lot area Insufficient 1 FrontageInsufficient 2 Lot Area 2 Frontap Com res 3 Lot Area ComPlies -es 3 P 4 Insufficient Information 4 Insufficient information B Use 5 No access over Frontage 1 Allowed 5 G Contiguous Building Area 2 Not Allowed 1 Insufficient Area s 3 Use P 2 Com ' 4 Special Permit Rectuinld 3 pnwxisft CBA 5 insufficient inf�on 4 Insufficimt Information C setback H Building Fleight 1 All setbacks cx7irn e 1 Exceeds Maximum 2 Front Insufficient 2 Com 3 Left Side InsuMc ent 3 PrWXMft Height 4 Right Side Insufficient 4 Insufficent information 5 Rear Insufficient i' Building CovW&W 6 Preexisting setbacks 1 Coverap exceeds maximum 7 Insufficient I n 2 Coverage D WaWsW 3 Coverage Preexisting 1 Not in VateS 4 Insufficient infwns ion 2 In Watershed ' j Sign 3 Lot prior to 10124N4 1 Sian not allowed 4 Zone to be Delennined 2 n 5 Insufficient information 3 Insufficient information E Historic Distict K Parking 1 In District review iced 1 More Parking RequWed 2 Not in district 2 Parking 3 Insufficient Infprmation 3 insufficient Information 4 1 pre-existing Parking Remedy for the above is checked below. Item e SpeciW Peirmib Manning Board lam* Variance Site Plan Renew Special Perms Setback Variance Access other than Fran Permit Parkin VarWW" F Lot Special Permit Lot Area Varwrwe Common Drivemw Special Permit Heialit Varier" Con Permit Variance for Continuing Owe Retirement Special Permit 8 pwmits Zoning Board I Housin Permit SpamW Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal ' Permit ZBA PlanD • Permit Permit Use not Listed but Similar Planned Repidentiel SpecialPermit Permit for Sign R-8 Permit Permit noncanformin Watershed Permit C OA " 4 The above review and aMaGred mpMnftn of such is basad on itis pkm and infa--Wb oubrrri■ed. No der W"review and vow by to applicant am to I or advice dhati be based er►verbal by MM applio-rrt nor sh-II such eiipleriaY-na , provide deliniMre-newels to to drove rsaaorr for DEWL. Any insocurawn,ni, , lirg irfo ma n n,or atliar arrbesgirent dmga-to un I ft im Mn d by Ona tip lmt*d be diande for this mAi wte be voided at itne diacraNi d ft BuYdirtO Deperbriarlt The iM�olnt+d dogaiiant tllld'Pi1n Rsiirw Noriativa'shati be aftelied Irmo and inaoipeided herein by relerence. The buMdng daparlrA-nt wit retied plane and doaaentMim for the whova§L You must file a new b1A" permit application fmrn grid begin the p111 p ucom /z5L�5 B60ding nig Department Officiai Signeture Application Received Applicatidn Denied r",-n-! cFn+ If Faked Phone NumberM te' Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the apowation/ permit for the property indkmW on the reverse side: Ilm llraMM ftr Du" 1�/1r110� Q) L i c A 10 10 60 19?/ r e J ry 03 it 1 r� (n/' h i v✓. 2 civ Q- re 'rr4� Refensd To: Fite HMO Police Zanft Board Consmvabon of Public Works Planning Hidorical Gotntnission Other BUILDING DEPT Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultantants To: Town of North Andover Zoning Board of Appeals From: John D Sullivan III—Owner&Applicantjoi: Date: March 13, 2006 Subject: 415 Salem Street—Variance Request Section 7.1.1 —Contiguous Buildable Area Section 7.1.2—Lot Width Section 7.2—Lot Frontage A. My particular variance request is for the creation of two (2)residential building lots. B. The particular circumstances of my lot relating to topography, specifically the wetland area which bisects the property,is the hardship affecting this property. A roadway could be constructed to service this site and create two(2)buildable lots,but this would involve a wetland crossing, topographical site changes, and the construction of one structure to the rear of the property(see attached concept plan). By granting a variance for the aforementioned dimensional requirements, the proposed structures could be built towards Salem Street in a similar location to surrounding properties without changing the topography to negatively impact this property or surrounding properties. C. A conventional subdivision roadway consisting of a small cul-de-sac could be permitted and constructed on this site to create the proper lot frontage, lot width,and Contiguous Buildable Area for two lots. This would involve a wetland crossing for one driveway to access the rear portion of the property for construction of a single family dwelling and substantial alteration of the soil and wooded areas which would result if the literal enforcement of the Zoning Bylaw is upheld. D. Granting of the variance will reduce future town maintenance and expenses associated with a roadway and infrastructure. Also,the character of this area can be retained by limiting the amount of site grading and tree removal by eliminating the need for a roadway and wetland crossing. This project will also have a beneficial element to the abutting properties since I will look to extend the municipal sewage system approximately 750 feet from Anne Road to the site. In extending the sewer, I will look to provide sewer laterals to each property line of all the homes along the route. This will be a cost savings to the Town of North Andover in future construction costs and will allow homeowners to connect to the sewer system. Most of the homes in this area have old septic systems which have exceeded their design life. Therefore,relief by the Board will be desirable and without substantial detriment to the public good. E. Approval of the two lots by granting relief of the aforementioned dimensional requirements may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance based on the following reasons. 22 Mount Vernon Road — Boxford,Massachusetts 01921 — . (978)352-7871-Phone — 978 352-7871 -Fax 1) A conventional roadway could be constructed to create 2 buildable lots by right. 2) By eliminating the roadway the neighborhood character,woodlands, site topography,and wetland areas will remain intact. 3) The proposed houses size and location is consistent with the abutting properties. F. An"ANORAD"application is being filed with the North Andover Conservation Commission to verify the wetland boundary,which in turn will validate the Contiguous Buildable Area for each lot. The wetland boundary was delineated by a certified botanist. In summary, this project is similar to a previous ZBA decision(2005-016)for another property on Salem Street. The benefit for zoning relief for this property will eliminate the creation of a public roadway which would ultimately require town maintenance and services. Also,the extension of the municipal sewer system to the property will be a benefit to the abuttors and the Town. It should be noted that the subject property had percolation tests done on-site in February 2006 and the site passed to support a septic system. The idea of bringing the municipal sewer to the site will only be undertaken if the variances are granted for this application. Thank you for your consideration in reviewing this application. 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978352-7871 -Fax 119 X26 11, DRILL HOLE 9g 08• S FND N, 3 20.7 l 30.1' PROP a33� ST y 21/? Y S1RUC�RrNO 28'XJ6, COT A s'o 23x000 S.F. ����o QSA. = 18,5=F..* F 34.9' pr-e N�3'32 ,L wSMe Iw•P2 rFpr_r rF �r AL A AL A. AL of lrp3 A, AL fYc AL AL AL AL IIF 03 IIF IIF �A A sees W07 WON o� LOT 8 2:3000 SF. , 2 G.B.A. = 14500SF.f i N� s��•� ?B•GO� ,s' ' 2O' 9p• `o 19 CONCEPTUAL 2 LCT SUSDJWSYON TO ACCOMPANY ZBA APPUCATION SCALE. 1"-40' S5"9'12"E 188.20' SALEM STREET Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shag mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property. MAP PARCEL Name Address 37.B 36 MICHAEL KOTCE 415 SALEM STREET,NORTH ANDOVER MA 01845 Abutters Properties Map Parcel Name Address 373 63 William Sullivan 405 Salem Street,North Andover MA 01845 37.B 50 Vladimr Levantovskys 404 Salem Street,North Andover MA 01845 37.B 51 William Macleish 412 Salem Street,North Andover MA 01845 37.B 52 Robert Broussard 432 Salem Street,North Andover MA 01845 37.B 53 Beverly Spicer 444 Salem Street,North Andover MA 01845 38 135 Richard Stumpfler 16 Woodberry Lane,North Andover MA 01845 38 136 Robert Kettinger 26 Woodberry Lane,North Andover MA 01845 38 137 Laurence Travaglia 46 Woodberry Lane,North Andover MA 01845 38 138 Eric Faulkner 45 Woodberry Lane,North Andover MA 01845 38 303 Grag Core 143 Thistle Road,North Andover MA 01845 38 302 Robert Lurvey 131 Thistle Road,North Andover MA 01845 38 82 J.J.Cammarata 437 Salem Street,North Andover MA 01845 38 56 Barbara Kane 445 Salem Street,North Andover MA 01845 38 11 William Uttley 36 Woodberry Lane,North Andover MA 01845 38 176 Daniel Luciano 456 Salem Street,North Andover MA 01845 37.D 42 David Gray 383 Salem Street,North Andover MA 01845 37.D 8 John Draper 393 Salem Street,North Andover MA 01845 This certifies that the names appearing on the records of the Assessor Office as of 1-1-046 11 Certified by: Date 3/ NORTH ANDOVER PLANNING BOARD DRILL HOLE N38a 6 ,qp APPROVAL UNDER THE SUBDIVISION N1gNF 4QoD938 Or � �aogg v��NReCONTROL LAW NOT REQUIRED C6- T4,D1vE.. p\ q SAG p p 2p /q - — — — — — — — — — p' e - - - - - - - - - - - - - - - p O C S0 - - - - - - - - - - - - - - - sod IS s IX - - -. - - - -. - - - - - - - - F - - - - - - - - - - - - - - - Woodberry Lane WF#A6 WF#A5 WF#A2 WF#A1 WF#A1-1 LQS ANAP DATE: - - - _ - - - - - - - q t. N A NOT TO SCALE RESERVED FOR REGISTRY USE ONLY v W o -ALwF#A4 wF#A3 IL EDGE OF WETLANDS ZOLUNG RELIEF NEEDED: NORTH ANDOVER WF##A7 WF#84 WF#B3 wF#Bl REQUIRED PROVIDED BOARD OF APPEALS > N wF#82 WF#Bl-A WF,+#'Bl-B LOT A LOT B �q wF#B6WF#B5 N !� ! , �� LOT FRONTAGE - - - - - - - -- - - - - � 125 FEET 84. 10 FEET 84. 10 FEET 7 �y ^ t,� _ _ — _ _ _ __ - — _ _ LOT WIDTH * 100 FEET 85.23 FEET 86.26 FEET - - l p 0 Y LOT A Q� CO - - - - - - - - - - - - - - - !off 32,034 S.Ff Z LOT B Z, 4 p C.B.A. 18, 750 S.F.t 16,570 S.F. z 17,862 S.F.t B.A.-16,57 $F.f 30,094 S.F. - — — — — — — — — — — — — - nr ) (C.B.A.=17,862 StiF.1) �g �`�>� * LOT WIDTH DIMENSION TAKEN ALONG FACE OF PROPOSED DWELLING PLAN Off' LAND - - - - - - _ - - - - - - - - To BE RAZED-,,l , 415 SAL.HM STREET DATE: _ _._ _._ - - - - - - — — _ � - – = IN � I CER TIF� THAT Tres PLAN WAS NORTH ANDOVER, M� PREPARED IN ACCORDANCE WITH Y vYu. F tJLES AND REGULATIONS OF PREPARED BY: t'RC��. ,, ; C r-1 L I ZONING DISTRICT: R3 20. D _ 1 ��? f-'Rov F `HL� IE��L TEr� OF L�EECJ SLOT T GILES, PLS 7-OR y 2 j s8' X 3 ' " 50 DEER MEADOW ROAD STORY i /2 2$' X 36' �� 43f sa ASSESSOR /NFORMA TION; ,rl �R. 5 sTRu�r� F? ANDOVER, MA 1 NORTH ANCA E 0 84 tea° x j6' ?O. O r (0 i 8 j 683----2645 TAX MAP 37B LOT 36 46. ' r _' PREPARED FOR: DEED REFERENCE: SULLIVAN ENGINEERING GROUP, LLC BOOK: 10073 PAGE: 228d ca oo " ` � 84. 10' 84. 10' 2_, � � Z MOUNT VERNON ROAD DRILL HOLES53"39'12"E 168.20' BOXFORD, MA 01021 FND S A L E A4 S T R E E T SCOTT GILES, PLS DATE: MARCH 10, 2006 SCALE: 1"=40' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Robert Deluca computer, use Name only the tab key to move 415 Salem Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert Deluca Name July 3, 2006 242-1359 Dated DEP File Number 3. The project site is located at: 415 Salem Street North Andover Street Address City/Town Map 37B Parcel 36 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 10292 19 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/9/07 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7113/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1359 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: Itis hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 77 C. Authorization Issued by: North Andover hS10-2 Conservation Commission Date of IssuaAce This Certificate must be signed by a ma'onty of the Conservation Commission and a copy sent to the applicant and appropriate DEP onal ice(See Attachment). Signatures: wpaform 8b.doc-rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-9359 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this iy - Nva om�zr ®0"7 Day Of Month Year T before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Signature of Notary Public DONNA NOTARY.WEJ" Printed Name of Notary Public F' UBLIC CaeJOWrOITH OF MASSACHUSETTS My cQm issfon xpires(Date) Place notary seal and/or any stamp above -§icJnature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1359 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 415 Salem Street 242-1359 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 on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levered Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Balton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.10/9/07 Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1. Conservation Commission out forms on the computer, 2. This issuance is for(check one): Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Robert Deluca use the return a. First Name b. Last Name c.Company key. 18 Symonds Way d. Mailing Address Reading MA. 01867 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): John Sullivan Sullivan Engineering Group, LLC a. First Name b.Last Name c.Company 22 Mount Vernon Road d.Mailing Address Boxford MA. 01921 e.City/Town f.State g.Zip Code 5. Project Location: 415 Salem Street North Andover a. Street Address b.City/Town 37B Parcel 36 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a. County b.Certificate(if registered land) 9893 _ __ 125- c. Book pa 6/2/06 ? ,3 O4 7. Dates: a. Date Notice of Intent Filed b. Date Oublic Hearing Closed c.Date eff Issijance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): PLan of septic design a. Plan Title Sullivan Engineering Group, LLC John D. Sullivan, P. E. b. Prepared By c.Signed and Stamped by Yed V=20' Revision Date e.Scale Scott L. Giles, P. L. S. f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $990.00 $237.50 $ 752.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.311/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution ❑ Fisheries f. ® Protection of Wildlife a. ® Private Water Supplye. Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ZI the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless anduntila revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below.(For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement I ❑ Bank a. linear feet b.linear feet c.linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d. square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.dcc• rev.311/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ RiverFront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.311105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection [or, WA DEP"] "File Number 242-1359 wpaform5.doc• rev.3/1/05 page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance orb law are as follows: additional See attached conditions, select box to attach a text document wpaform5.doc• rev.311/05 Page 6 of 9 DEP FILE # 242 - 1359 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 M MMJ 18. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). C:\Winword\00C\415Sa1emst.doc 1' NACC 7/3/2006 DEP FILE # 242 - 1359 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued those issued under File No. 242-1359. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a single-family dwelling, driveway,septic tank, and associated grading within the Buffer Zone to Bordering Vegetated Wetlands (BVW). Work will also include the installation of buffer zone enhancement plantings within the 25-foot No-Disturbance Zone. 29. 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: Robert Deluca (Applicant) 18 Symonds Way Reading, MA 01867 Date filed:June 2,2006 Site Plans prepared by: Sullivan Engineering Group,LLC. 22 Mount Vernon Road Boxford, MA 02921 Entitled "Septic Design Plan-415 Salem Street- North Andover, MASS",consisting of sheets 1 &2,dated June 1,2006, Revised June 23,2006. Stamped & Signed by John D. Sullivan,P.E. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant C:\Winword\OOC,415Salem&.doc 2 NACC 7/3/2006 DEP FILE #242- 1359 to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone except to allow for the installation of the approved enhancement plantings. (See Section 3.4 & Appendix F of the local Regulations). 33. The NACC finds the applicant's proposal of 36 buffer zone enhancement plantings to be adequate.The proposal of twelve(12) each of Gray Dogwood (Cornus racemosa),Highbush Blueberry (Vaccinium corymbosum), and Lilac (Syringa vulgaris) as listed on record plan is also found to be adequate. However, in review of whether the selected plantings are most suitable for the area,the applicant may wish to consult with a qualified botanist,wetland scientist or landscaper to ensure survivability (i.e. -highbush blueberry may be too wet to survive in this location). The restoration plantings shall not be grouped together in one dense location, rather spread out and concentrated along the 25-foot no-disturbance zone as shown on the approved plan to provide a physical barrier. The shrubs shall be planted on 8-10' centers. 34. A qualified wetland scientist or botanist shall monitor the restoration area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection, a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist, and submitted to the North Andover Conservation Commission (NACC). A total of FOUR separate monitoring reports for the restoration area shall be submitted over a two-year period. If at the end of the second growing season, overall success of restoration activities is not achieved,the NACC reserves the rights to require additional mitigation/enhancement measures. C:\Winword\OOC\415SalemSt.doc 3 NACC 7/3/2006 DEP FILE #242 — 1359 35. 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. 36. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions 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. 37. 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 38. 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. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP File #242-1359." C:\Winword\00C\415Sa1emSt.doc 4 NACC 7/3/2006 DEP FILE # 242 — 1359 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 42. 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. 43. Prior to an work commencing on-site the applicant shall submit to the NACC for Y g � PP approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction- activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on C:\winword\OOC\415Sa1emSt.doc 5 NACC 7/3/2006 DEP FILE #242 — 1359 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. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. 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. 48. Prior to the commencement of any work,the foundation corners shall be staked in the field by a Registered Land Surveyor(R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre-Construction meeting. 49. The applicant shall designate a Wetland Scientist as an"Environmental Monitor" (EM) 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 professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The EM 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. On every MONDAY of each week, in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report from the C:\Winword\00C\415SalemSt.doc 6 NACC 7/3/2006 DEP FILE #242— 1359 EM 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 EMC 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. 50. The EM shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party,subject to said Orders of Conditions,the Affidavit attached via"Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days before or after to the closing of said land transaction. 52. 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). STORMWATER MANAGEMENT CONDITIONS 53. W aterualit down gradient of BVWs shall not differ significantly following q Y g g Y completion of the project from the pre-development conditions. There shall be no C:\Winword\00C\415Sa1emSt.doc 7 NACC 7/3/2006 DEP FILE #242— 1359 sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 54. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 57. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 58. A crushed stone construction entrance shall be established at the proposed driveway to minimize soil/material tracking onto Salem Street and abutting catch basin. This entrance shall be reinforced as necessary. 59. The enhancement plantings shall be installed in accordance with condition 33. 60. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. 61. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor (EM).This designee must be on-site while work specific to de-watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No C:\Winword\OOC\415Salem&.doc 8 NACC 7/3/2006 DEP FILE # 242— 1359 discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling tank or basin, to reduce turbidity prior to discharge into a resource area. 62. Any fill used in connection with this project shall be clean fill,containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 63. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 64. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas will be graded,loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. 66. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 67. There shall be no construction vehicles stored overnight; vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of any resource area. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 69. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. C:\Winword\00C\415Sa1emSt.doc 9 NACC 7/3/2006 DEP FILE # 242 - 1359 70. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. AFTER CONSTRUCTION 71. Upon completion of construction, the applicant shall permanently mark the edge of the 25' No-Disturbance Zone with six(6) signs or markers spaced evenly every 30 feet along the erosion control line, incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Department for$2.00 per marker. The placement of said markers are subject to review and approval by the Conservation staff. The applicant shall instruct all agents to explain these markers to buyers / lessees / landscapers, and all persons taking over the property from the applicant. 72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 73. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 75 feet of a resource area. Pesticides and herbicides shall NOT be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity. 74. 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. 75. Upon approval by Conservation Staff and site stabilization,the erosion controls shall be removed and properly disposed of. All exposed areas underneath the erosion control shall be seeded for permanent stabilization. 76. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request fora Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." C:\W i nword\OOC\415 Salem&.doc 10 NACC 7/3/2006 DEP FILE # 242 — 1359 b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. r "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. y Location of all subsurface utilities entering the property. C:\Winword\OOC\415SalemSt.doc 11 NACC 7/3/2006 DEP FILE # 242 — 1359 77. 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); Discharge or spillage of pollutants(Condition #70); y Prohibition of underground fuels (Condition#71); Limitations on the use of fertilizers, herbicides and pesticides (Conditions #72). C:\Winword\OOC\415Sa1emSt.doc 12 NACC 7/3/2006 DEP FILE #242 — 1359 APPENDIX A-AFFIDAVIT h on oath.do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of , 20__, I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:Mnword\00C\415Sa1emSt.doc 13 NACC 7/3/2006 I , Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special ' 7 condition pursuant to General Conditions#4, from the date of issuance. 1. Date of lssfuance Please indicate the number of members who will sign this form: IV This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand de' ered at the same time to the appropriate Department of Environmental Protection Regio Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this '�g -i—" of "1 e v200 Day Month Year Before me, the undersigned Notary Public, sc o�- 1,1,2, S3 e personally appeared Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Conservation Commission E* DONNA M.WEDGE '/ �INIMTMOFWASSACHUSETTS Si nature of Notary Publiconan 00a Aug.7,2009 Printed Name of Notary Public Place notary seal and/or any stamp above P/71,-- Ce)y My CommissicA Expires(Date) This Order is issued to the applicant as follows: I ❑ by hand delivery on W(by certified mail, return receipt requested, on Date Date wpaform5.doc• rev.311105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaformS.doc• rev.3/1/05 .Page 8 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1359 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in 9 ry which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1359 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doe- rev.3/1/05 Page 9 of 9 Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants May 3 2006 Town of North Andover—ZBA ---3 400 Osgood Street Cr% 25- North Andover, MA 01845m ;ern ... 0 Re: 415 Salem Street,North Andover �p Withdrawal of Application without prejudice '= M.- v rn Q Zoning Board of Appeals; I am requesting to withdraw my current variance application for 415 Salem Street,North Andover for consideration without prejudice. If you have any questions please feel free to contact me. A Vel ruly o , ti J hn(Jac ) Su iv an III 22 Mount Vernon-Road Boxford,Massachusetts 01921 (978)352-7871-Phone 978352-7871 -Fax BOARD F- APPEALS MORYN Town of North Andover Town Clerk Time Stamp ° e Office of the Zoning Board of Appeals CC 1VE f i t.r ••• °,9 Community Development and Services Drstort 400 Osgood Street 2006 +( 12 AM 10: 24 North Andover,Massachusetts 01845 Telephone (978)688-9541 R4 8 t b Gerald A. Brawn, Fax (978)688-9542 Inspector of Btaildings £� , E r MAS -vsa Date TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I wish to withdraw my Variance Special Permit Comprehensive Permit(40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: MAP: _ 7, PARCEL: 34; TOWN: A o, T Ayk d o d, ✓ r NAME OF PETITIONER: u VC)o Signed: ker p iti r representative) Withdraw 1)006 Board of 1pip ,els 978-G88-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-95.10 planning 978-688-9535 Ute?.D OF k,PPE—AL3 Of NORTy q o?o6t`:o Town Clerk Time Stamp RECEIVED s T V1 "!._A=RK'S OFFICE Z a 2001 MAY 22 PM 17 ra lop �9SSACHU5� 0 4A'` 1 I OF ZONING BOARD OF APPEALS NORTH ANO Community Development Division MASS A CP1 U W ETI'S Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Proat: 415 Salem Street NAME: John D.Sullivan,III,22 Mount Vernon HEARING(S): April 11&May 10,2006 Road,Boxford,MA 01921 ADDRESS: 415 Salem Street PETITION: 2006-013 North Andover,MA 41945 TYPING DATE: May 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday,May 10, 2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of John D.Sullivan,III,22 Mount Vernon Road,Boxford,MA 01921 for premises at:415 Salem Street(Map 373,Parcel 36),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.1.1 (Contiguous Buildable Area),7.1.2(Lot Width),&7.2(Street Frontage)and Table 2 for relief from the requirements of the Zoning Bylaw in order to divide an existing conforming lot into two non-conforming lots. Said premises affected is property with frontage on the Southwest side of Salem Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III, David R. Webster,and Thomas D.Ippolito. The following non-voting member was present:Daniel S. Braese Upon a motion by Richard J.Byers and 2d by David R Webster,the Board voted to GRANT the applicant's letter of May 3,2006 requesting that the Variance petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: Ellen P.McIntyre,Richard L Byers,Albert P.Manzi,III,David R Webster,and Thomas D. Ippolito. Ellen P.McIntyre,Vice Chair Decision2W6-013. M37.BP36. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com 0 aT",M Town of North Andover Town clerk Tune scamp Office of the Zoning Board of Appeals Community Development and Services Divi RECEIVED �, 400 Osgood Street C LF K ) qF F P C 95S4CIWg� North Andover,Massachusetts 01845 2006 MAR 22 AM 10: 45 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 T0]Y" Q;NORTH ANDOYP" �µs Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 11th of April 2006 at 7:30 PM to all parties interested in the application of John D. Sullivan, III,22 Mount Vernon Road, Boxford, MA 01921 for premises at: 415 Salem Street(Map 37.B, Parcel 36),North Andover requesting dimensional Variance from Section 7, Paragraph(s) 7.1.1 (Contiguous Buildable Area),7.1.2 (Lot Width), & 7.2 (Street Frontage) and Table 2 for relief from the requirements of the Zoning Bylaw in order to divide an existing conforming lot into two non-conforming lots. Said premises affected is property with frontage on the Southwest side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27& April 3, 2006. Legalnotice 2006-013. M37.BP36. Board of rApNals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Apr 13 06 09:21a Jack Sullivan 978-352-7871 p• 1 Apr 13 06 08:29a NORTH ANDOVER 9786?1199542 p.3 Town of North-kndaver Rt � CE Sramp Community Development and Services Divisia Office of the Zoning Board of AQpeals 2006 APR 13 AM 9i 59 400 Osgood Street North Andover,Adrssarhuw-tts 07845 TOWN C,crald A.BrownTckplwm (978)688-5541 NORTH € fax (978)688-9542 MASS Oak E-0 - fax of Buildings , S E �'" Date f a� � Tp: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 is far the North Andover Please be advised that I lave agreed to waive the time c0slstrasn Zoning Board of Appeals to make a decision regarding the granting of a:` Variance Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: MAP: 7, i3 PARCEL: i TOWN: of Av ),over TO NGDA _ _ t NAME OF PETITIONS Signed: Petiti<o�er( s representative) r s9s3a►3.cru,snsr�ss•vsaor�,„,; t9�sAsxnss F�03fd of: a(s 9't.GB&9541 Building 978.6:t&9545 C~,ti�,n 97s-63