HomeMy WebLinkAboutMiscellaneous - 443 BOSTON STREET EG', .
310 CMR 10.99 .OYC' SRADSIJAW -
TOWN CLERK
Form 8 NORTH ANDOVER
DEP Fide No. 242-762
(ToDe provioe0 by DEP).
Commonwealth
Cityown North Andover
of Massachusetts aooucant
Paul & Roberta Davis
443 Boston Road Lot C
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. C. 131 , §40
From North Andover Conservation Commission Issuing Authority
443 Boston Street
To Paul and Roberta Davis No. Andover MA 01845
(Name) (Address)
Date of Issuance November 29, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to
Paul and Roberta
Davis dated 08-07-95 And issued by the NACC
1. aX It is hereby certified that the work regulated by the above-referenced Orcer of Conditions has
been satisfactorily completed.
2, p It is hereby certified that only the following portions of the work regulated by the above-refer
enced Order of Conditions have been satistactorily completed: (if the Certificate of Compiiance
does not include the entire project,specify what portions are included.)
S. Q It is nereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has laosed and is therefore no longer valid. No future
wcrK subject to regulation under the Act may be commenced without filing a new Notice of intent
an-- receiving a new Order of Conditions.
................................ ....................
)Leave Soace Blank)
6.1
/1CIS9
4. This certificate shalt be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on August 21, 1995 (Cate)
at the Registry of Deeds, North Essex , Book , Page
INSTRUMENT NO. 18383
[� The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order. such as maintenance or monitoring, which are to continue for a longer period.)
issued by North Adgvpp Conservation Commission
Stnature(s)
lhnen issued v d by the Conservation.Commision this Certificate must be signed by a majority of is members.
On this 29th day of November . 1 9 95 before me
personally appeared Joseph W. Lynch . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hem executed
the same as histhimtree act and deed.
March 22, 2002
Notary Putiiic Donna Mae D gata My commission expires
PROVIDE COPY OF RECORDING TO THE NORTH ANDOVER CONSERVATION COMMi ION
Detach on dotted line and submit to the NACC, 120 Main St., No. Andover MA 0145
Tc NACC issuing Authority
Please oeadvisedthat the Certificate ofCompitancefortnewofeetat: 443 Boston Rdisrd,: :Lot C
FiieNumoer 242' 762 has oeenrectm7edatMeRegistry of Deeds, Northern Essex
and has been noted in the chain of title of the affected oronery on t 9
u reperoed ianc.:ne instrument numaer ivnich eoennttes taus xansacaon is
t;registered land.the cocument number wnt=identifies tins transaction-
signature aooucant
i
310 CMR 10.99
' Form 5 h
DEP 242-762
� Fib No.
(to be awx*4 by UEVJ
- Commonwealth y C�r��Town North Andover
of Massachusetts
t Paul• & Roberta Davis
AUG 58 A Apphpanl
443 Boston Road, Lot C
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COtlrIISSION
�•o Paul & Roberta Davis Paul and Roberta Davis
(Name of Applicant) (Name of properly owner)
443 Boston Street 443 Boston Street
Address No Andover MA 01845 Address No Andover MA 01845
This Order is issued and delivered as follows:
0 by hand delivery to applicant or representative on Idate)
by certified mail, return receipt requested on. August 7, 1995 P406-914-740 (date)
This project is located at 443 Boston Road, Lot C
The property is recorded at the Registry of Northern r•-Sf-x _
Book 1321 Page 750
Certificate (if registered) _____..:.—•�_
The Notice of Intent for this project was filed on July 14, 1995 (dale)
The public hearing was closed on August 2, 1995 (date)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Nolice of
Intent and plans and has held a public hearing on the protect. Based on the information availaple tc the
NACC at this time. the lIACC t has determined that
the area on wh,ch the proposed work is to be done is significant to the following interests in accordance v,illi
the Presumptions of Significa ce orth in the requlabons for each Area Subject to Prolectrofl Under the
�h. sl�� � Recreation 11
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178V Wildlife
Pubiio water supply Flood control ❑ Land containing shellfish
Private water supply Storm damage Prevention Fisheries
Ground water supply Prevention of pollution ( Protection of wildlife habitat
Total Filing Fee Submitted $55.00 State Share $15.00 _
City/Town Share —� — ('.': lee in Pxcess of
Total Refund Due S City/Town Portions State Portion S
(Yz total) ('12 total)
Effective 11/-:-189 ' t
DEP FILE #242 - 762
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
7. The proposed work includes: replacement of a subsurface disposal system and
relocation of an existing driveway.
8. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by Paul and Roberta Davis
443 Boston Street
N.Andover,MA 01845
DATED: 7/14/95
Plan prepared by: New England Engineering Services,Inc.
entitled"Subsurface Disposal System"
DATED: duly 25,1995
C:\Winword\00C\242.744doe 1 NACC 8/4/95
DEP FILE # 242- 762
9. The following wetland resource area is affected by the proposed work: Bordering
Vegetated Wetland (BVW and associated
Buffer Zone. This resource area is
significant to the interests of the Act and Town ByLaw as noted above. This resource
area is also significant to the recreational and wildlife interests of the ByLaw. The
applicant has not attempted to overcome the presumption of significance of this
resource area to the identified interests.-
10. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 7/25/95 entitled"Subsurface Disposal System'.
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's
wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to and be binding upon,the applicant,
owner, its employees and all successors and assigns in interest or control.
13. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site to construct a replacement subsurface disposal system and relocation
of an existing driveway will cause further alteration of the wetland resource area. In
order to prevent any alteration of wetland resource areas beyond those proposed in the
Notice of Intent and approved herein,a twenty five foot(251) no-disturbance zone
and a fifty foot (50') no-construction zone shall be established from the edge of
adjacent wetlands except at those locations as shown on the approved plans referenced
herein(leach field 19' from BVW/limit of work approx.5'). No disturbance of
existing grade, soils or vegetation is permitted in the no-disturbance zone. (See
Appendix 5 of the local Regulations).
PRIOR TO CONSTRUCTION
14. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
15. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index '
under the name of the owner of the land upon which the proposed work is to be done, s
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
CAWinword\00C\242-2�Zdoc 2 NACC 8/4/95
DEP FILE #242 - 762
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work.
16. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts Department of
Environmental Protection,File Number 242- 762"
17. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. The proposed project may be still under
review by other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan and an
explanation of the revisions shall be submitted to the NACC for review and approval
prior to the start of construction.No work shall begin on a project until written
approval has been granted by the NACC.
18. The applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also shall be made a part of
the contractor's written contract. The applicant or contractor shall notify the NACC in
writing of the identity of the on-site construction supervisor hired to coordinate
construction and to ensure compliance with this Order.
19. The applicant shall submit a construction schedulelsequence to the NACC detailing the
proposed sequence of work on site to complete this project.
20. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing so that erosion control measures can be properly placed and
wetland impacts can be monitored.
21. 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 approved plans referenced herein
and dated 7/25/95 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.
CAWinword\OOC\242X2,doc 3 NACC 8/4/95
DEP FILE # 242 - 762
22. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of ten (10) hay bales and sufficient stakes for staking these
bales (or an equivalent amount of silt fence).Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the normal control of
erosion.
23. A check payable to the Town of North Andover shall be provided in the amount of
$1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC , and shall be posted with the North Andover Town Treasure before
commencement of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provision,satisfactory to the NACC, has been made for performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of the local
ByLaw.
24. As discussed at the public hearing on August 2, 1995,the applicantshall revise the
proposed stone wall detail to include a fibrous,waterproof material. This will insure
that the adjacent BVW will be protected from runoff and potential septic breakout.
DURING CONSTRUCTION
25. 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.
26. No exposed area shall remain unfinished for more than thirty(30)days, unless
approved by the NACC.
27. 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.
28. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of
any resource area.
29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
30. 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
I
CAWinword\00C\242762.doc 4 NACC 814/95
DEP FILE # 242 - 762
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.
31. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
32. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require, following field inspection, additional information
or resource protection measures.
33. 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
34. 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.
35. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
36. 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.
37. Upon completion of the project,the applicant shall>submit a letter to the NACC from a
Registered Professional Engineer certifying compliancewiththis Order of
Conditions and the approved plans referenced herein(or approved revisions). A
stamped"As-Built topographic plan of all areas within the jurisdiction of the
Wetlands Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
CAWinword\00C\242X Zdoc 5 NACC 8/4/95
. ,•
DEP FILE # 242 - 762
1
C) Distances from structures to wetland'resource areas;
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
38. The following special conditions shall survive the issuance of a Certificate of
Compliance for this project:
13. A 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 Order of Conditions. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section M(page 18)of the Regulations for
performance standards within these zones);
32. Discharge of spillage of pollutants;
33. Prohibition of storage of fuels underground;
34. Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\242X2_doc 6 NACC 8/4/45
242- 762 443 Boston Road
Issued By North Andover Conservation Commission
Signa�ure(s
This Order must be signed by a majority of the Conservation Commission.
On this 2nd day of August 19 95 before me
personally appeared George L. Reich to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he;she executed
the same as his/her free act and deed.
r
March 22, 2002
Notary Public Donna Mae D'Agata ~ My commission expires
The aDolicant.the owner.any person aggneved by this Order,any owner of land abutting the land upon which the proposed work is to be
done.or any ten residents of the City or town in which such land is located.are hereby notified of their right`toreouest the Department of
Environmental Protection to issue a Superseding Order.providing the reduest is made by certified mail or hand delivery to the Deoanment.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
RETURN THIS DOCUMENT AFTER RECORDING TO THE NORTH ANDOVER CONSERVATION COMMISSION
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
.........................................120..Main Street, North Andover MA 01845..... .........
To NORTH ANDOVER CONSERVATION COMMISSION Issuing Autnonty
Please be advised that the Oroer of Conditions for the project at 443 Boston Road
Foie Number 242— 762 has been recorded at the Regtst:^y of Deeds Northern District and
has been noted in the chain of title of the affected property in accordance with General Condition a on . 19
If recorded land. the instrument number which tdenafies this transaction is
If registered land.the document number which identifies this Iransacbon is
Sicnature Acoucans
5-4A
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: From:
When filling
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
To: Applicant: Property Owner(if different from applicant):
John J.& Colleen Mongell
rezWn
Name Name
443 Boston St.
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
443 Boston St. North Andover
Street Address City/Town
107D 109
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 5132 23
County Book Page
Certificate(if registered land)
3. Dates:
8/3/01 10/24/01 11/13/01
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):
Plan of Land 443 Boston St. 6/21/01
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Scott L. Giles
Name
6. Total Fee:
$140.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.11/9/01 Page 1 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing,this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention Flood Control
Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes)
Approved subject to:
❑ the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations,to protect those interests checked above.This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans,specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
® the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests,and a final Order of Conditions is issued.
® the information submitted by the applicant is not sufficient to describe the site,the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state, or local statutes, ordinances,bylaws,or regulations.
W paform5.doc•rev.11/9/01 Page 2 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply.
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land,the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"[or,"MA DEP"]
"File Number 242-1084 "
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.
W paform5.doc•rev.11/9/01 Page 3 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction,the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
® that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
North Andover Section 11(4)and
Municipal Ordinance or Bylaw Section III(E)(2)
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:
Municipal Ordinance or Bylaw Citation
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 plans,specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control
Wpaform5.doc•rev.11/9/01 Page 4 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached Denial
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A d the property owner(if different from applicant).
Signatures:
Q.
On 9th Of Nov.2001
Day Month and Year
before me personally appeared
Scott Masse, Chairman
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free
Notary Pu i1c
ommonwealth f Mra sachusctts
Notary Public My C. mis ' ion Expires
Februa 14,E"„”
This,Order is issued to the applicant as follows:
Fl by hand delivery on by ce ' ed mail,return receipt requested,on
Date Date
Wpaform5.doc•rev.11/9/01 . Page 5 of 7
Massachusetts Department of Environmental Protection DEP File number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order,any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131,§40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc•rev.11/9/07 Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1084
DENIAL
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc•rev.11/9/01 Page 7 of 7
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
Project Location
Mailing Address
relcvn
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.11/9/01 Page 1 of 2
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform5.doc•Appendix E•rev.11/9/01 Page 2 of 2
DEP FILE #242-1084 443 Boston Road
FINDINGS OF FACT "
I. Overview:
Mr. John J. Mongell (the "Applicant") filed a Notice of Intent (NOI) with
the North Andover Conservation Commission (NACC). on August 3, 2001
requesting an Order of Conditions approving the construction of a deck
adjacent to an existing single family dwelling situated within the 100-foot
Buffer Zone and 50-foot No-Build Zone of a down gradient bordering
vegetated (BVW). The BVW .is subject to protection under the
Massachusetts Wetland Protection Act (MGL c.131 s.40) (the "Act") and
the North Andover Wetland Protection ByLaw (c.178 of the Code of North
Andover) (the "ByLaw").
A legal notice was published accordingly in the North Andover Citizen
and a public hearing was scheduled for August 15, 2001 (21 days from the
date of filing). On August 15, 2001, the NACC opened the public hearing.
As described by the applicant's representative, the proposed project
included the replacement of an existing 12'X14' deck with an enclosed
12'X20' porch and an additional 10'X20' deck. All of these structures are
proposed within the existing 50-foot No-Build Zone.
This applicant requested a waiver from the 50-foot No-Build Zone for the
proposed project. As mitigation for the waiver, the applicant proposed to
restore approximately 1,700 s.f. of the no disturbance zone as well as
relocate an existing shed from the 25-foot No-Disturbance Zone to a site
located outside the 50-foot No-Build Zone. The proposed new
construction includes an area of approximately 440 s.f. The applicant
proposed approximately 1,700 s.f of mitigation. The proposed
construction area is situated 40-44 feet from the wetland boundary.
The Commission asked the applicant if it was feasible to locate the
proposed structures outside of the 50-foot No-Build Zone. The applicant
admitted that they could be located outside the 50-foot No-Build Zone,
but chose not to on the basis that a tree next to the house would have to
be removed. The applicant claimed this was a hardship.
The applicant gave the Conservation Commission (Joseph Lynch)
permission to conduct a site walk to evaluate viable alternatives. Based
on the site walk the Commission determined that the removal of the tree
CAWetland Permitting/OOC/242-1084 Denial 1 NACC 11/13/01
DEP FILE#242-1084 443 Boston Road
would not be a hardship and is a preferred alternative to the original
proposal in the NOL Therefore, the Commission determined that the
applicant did not adequately pursue viable alternatives.
At the Applicant's request, the public hearing was continued until
September 5, 2001 . The public hearing was again continued at the
applicant's request on September 19, 2001, and October 10, 2001. At the
October 24, 2001 public hearing, the NACC voted to close the public
hearing and issue a decision within 21 days (VOTE 4-0-0). A special
meeting was held by the NACC on November 9, 2001 in order to render
this decision within the 21-day time requirement set forth by the Act and
Bylaw.
II. North Andover Wetland ByLaw & Regulations:
(Chapter. 178 - Code of North Andover)
This ByLaw is intended to utilize the "Home Rule" authority of this
municipality to protect additional resource areas, for additional values,
with additional standards and procedures stricter than those of the Act
and Regulations (310 CMR 10.00). The additional - areas subject to
protection under the ByLaw include the buffer zone, smaller ponds, vernal
pools, and certain freshwater wetlands that may not meet the definition
of Bordering Vegetated Wetlands under the Act.
The following standards from the NACC regulations apply to the proposed
project:
a. Section 11(4.) Definitions
The 50' No-Build Zone is that portion of the Buffer Zone which extends
fifty-feet (50') from the edge -of those wetland resource areas
identified in Section I(C)(1-5), however, it is possible that these resource
areas will overlap in some instances (e.g. Riverfront Area and Land
Subject to Flooding). Construction of any kind is prohibited within this
Zone including but not limited to single family homes; multi-family
dwellings, commercial and/or industrial buildings, porches, decks,
patios, house additions, building additions, pools, septic systems, and
sheds. Driveways and roadways may be allowed in the 50-foot No-
Build Zone when no other feasible, alternative means of access exists.
b. Section III(E.)2. Waivers
A.
CAWetland Permitting/OOC/242-1084 Denial 2 NACC 11/13/01
DEP FILE #242-1084 443 Boston Road
The Commission may rant a waiver from these regulations for a
Y9 n
g
alteration of a buffer zone resource area in situations where there are
no feasible alternatives that provide for less impacts to the resource
area values. The applicant is responsible for conducting an
alternatives analysis to show that there are no feasible alternatives.
The Commission may grant a waiver of the 50-foot No-Build Zone
performance standard and impose such additional or substituted
mitigative requirements as it deems necessary, upon a clear and
convincing showing by the applicant that.
a. There are no practicable conditions or alternatives that would
allow the project to proceed in compliance with the regulations;
and
b. The project, or its natural and consequential effects, will not
have any adverse effects upon any of the interests protected by
the Bylaw. It shall be the responsibility of the applicant to provide
the Commission with any information that the Commission may
request to enable the Commission to ascertain such adverse
effects. The failure of the applicant to furnish any information that
has been so requested shall result in the denial of a request for a
waiver pursuant to this subsection; and
c. The project will improve the natural capacity of a resource area
to protect the interests identified in the Bylaw, provided any
adverse effects on any such interests are minimized by carefully
considered conditions. However, no such project may be
permitted which would have an adverse impact on rare wildlife
species.
M. Decision - DENIAL
As described in the Notice of Intent, the applicant has requested an
Order of Conditions authorizing the replacement of an existing 12'x14'
deck with a 12'x20' enclosed porch, and the construction of an
additional 10'x21 ' deck within the 50' No-Build zone. The NOI application
included a request for a waiver from the 50-foot No-Build Zone.
The Commission has determined that the proposed project does not
conform to the following local Regulations:
''� • Section II(4) and Section III(E)(2) North Andover Wetland
Regulations.
CAWetland Pezmitting/OOC/242-1084 Denial 3 NACC 11/13/01
DEP FILE #242-1084 443 Boston Road
Section 11(4) of the North Andover Wetland Regulations references and
describes the 50-foot No-Build Zone. Construction of any kind is prohibited
within this Zone including but not limited to single family homes, multi-
family dwellings, commercial and/or industrial buildings, porches, decks,
patios, house additions, building additions, pools, septic systems, and
sheds. Driveways and roadways may be allowed in the 50-foot No-Build
Zone when no other feasible, alternative means of access exists
The imposition of this additional zone is established since, in the
considerable body of experience of the Commission, alteration of land
immediately adjacent to a wetland invariably results in the alteration of
the wetland itself. Such wetland alterations have been observed during
construction such as siltation, over.-grading or depositing construction
debris. Such alterations have been observed after construction from
improper land use such as unregulated filling, cutting of vegetation,
extension of lawns or the deposition of yard waste. Such alterations have
been observed resulting in increased runoff, siltation and temperature or
nutrient loading resulting from the change in land use immediately
adjacent to the wetland. These subsequent alterations cannot be
regulated without the imposition of the restricted zones detailed above.
Since the Commission cannot allow unregulated alteration of wetlands,
these restricted zones will likely be imposed on all projects. Such findings
have compelled the Commission to engage in research into the literature
and regulations concerning the function and necessity of such zones.
After careful review of the information presented by the applicant at
public hearings and site visits, the NACC DENIES the applicant's request to
replace an existing 12'x14' deck with a 12'x20' enclosed porch, and-
construct an additional 10'x21 ' deck within the 50' No-Build zone shown
on the plan of record entitled "Plan of Land Location 443 Boston Street
North Andover, MA Prepared for John J. & Colleen J. Mongell" prepared
by Scott L. Giles, Frank S. Giles Surveying, dated June 21, 2001, Revised
July 20, 2001, for the reasons listed below.
NACC Waiver Standard: "There are no practicable conditions or
alternatives that would allow the project to proceed in compliance with
the regulations".
The alternatives analysis presented by the applicant included only one
alternative to the proposed project, the no-build scenario. The
Commission identified several other practicable alternatives to the
CAWetland Permittmg/OOC/242-1084 Denial 4 NACC 11/13/01
DEP FILE#242-1084 443 Boston Road
proposed project that would allow the project to be constructed in
compliance with these regulations. These viable alternatives were not
pursued or accepted by the applicant.
NACC Waiver Standard: "The project, or its natural and consequential
effects, will not have any adverse effects upon any of the interests
protected by the Bylaw. It shall be the responsibility of the applicant to
provide the Commission with any information than the Commission may
request to enable the Commission to ascertain such adverse effects. The
failure of the applicant to furnish any information that has been so
requested shall result in the denial of a request for a waiver pursuant to this
subsection."
The applicant did not provide testimony or documentation that
overcame the presumption that the proposed project located within the
50-foot No-Build Zone would have an adverse effect upon the interests
protected by the Bylaw.
NACC Waiver Standard: "The project will improve the natural capacity of
a resource area to protect the interests identified in the Bylaw, provided
any adverse effects on any such interests are minimized by carefully
considered conditions. However, no such project may be permitted
which would have an adverse impact on rare wildiife species."
The applicant did not satisfy the Commission's requirement for
improvement of the natural capacity of a resource area to protect the
interests identified in the Bylaw.
No work shall be performed on this project. The applicant has failed to,
demonstrate compliance with the North Andover Wetland Protection
Bylaw.
IV. Record Documents:
Notice of Intent filed by: John J. & Colleen J. Mongell
DATED 11-9-98.
Plans prepared by: Scott L. Giles, Frank S. Giles Surveying
Plan of Land Location 443 Boston Street North
Andover, MA Prepared for John J. & Colleen J.
Mongell" prepared by Scott L. Giles, Frank S.
Giles Surveying,
DATED: June 21, 2001, Revised July 20.
CAWetland Penn itting/OOC1242-1084 Denial 5 NACC 11/13/01