HomeMy WebLinkAboutMiscellaneous - 673 GREAT POND ROAD 4
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SSACHUSH
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: October 21,2008
Date of Hearing: October 7, 2008, October
21, 2008
Date of Decision: October 21,2008
Petition of: Robert H.Farnum,ICB Realty Trust
673 Great Pond Road
North Andover, MA 01845
Premises Affected: 673 Great Pond Road,North Andover,MA,Assessors Map 63,Parcel 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136:
Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge
Zone of the Watershed Protection District
So as to construct 374 sq. ft. of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot
Non-Discharge Buffer Zone of the Watershed Protection District and the R-1 Zoning District.
After a public hearing given on the above date, and upon a motion by Michael Walsh and 2nd by Jennifer
Kusek to APPROVE the Watershed Special Permit for the Watershed Protection District Permit as
amended and based upon the following conditions.A unanimousvote was made in favor of the application.
V19S
behalf of the NqKh Andover Planning Board
Jennifer Kusek ,Clerk
Michael Walsh
Courtney LaVolpicelo
Timothy Seibert
The Planning Board herein APPROVES the Watershed Special Permit to construct 374 sq. ft. of heated
impervious surface area, including a 64 sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of the
Watershed Protection District. The project is located at 673 Great Pond Road, North Andover,
1
1
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
Massachusetts, 01845, Map 763 Parcel 27 in the Residential 1 (R-1) Zoning District and in the Non-
Discharge Buffer Zone of the Watershed Protection District. The parcel totals approximately 147,644 s.£
g p pp Y
with frontage on Great Pond Road. This Special Permit was requested by Robert H. Farnum, ICB Realty
Trust, 673 Great Pond Road,North Andover,MA 01845. The application was filed with the Planning Board
on September 5, 2008. The public hearing on the above referenced application was opened on October 7,
2008, and closed by the North Andover Planning Board on October 21, 2008. The applicant submitted a
complete application,which was noticed and reviewed in accordance with Section 8.3, 10.3,and 10.31 of the
Town of North Andover Zoning Bylaw and MGL C.40A,Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 10.52:
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
Board bases this finding on the following facts:
a. The project is located within the Non-Discharge Zone of the Watershed Protection
District. The final design reflects extensive discussions between the Town and applicant
to ensure the continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
b. The existing structure will be connected to the Town sewer and water systems.
c. The topography of the site will not be altered substantially.
2) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The
applicant is proposing that the new spa will be connected to the town's water system and to the existing
mechanical equipment that services the existing indoor pool, so that there will be no discharge of
chlorinated water related to the new facility.
3) The applicant has also provided information showing that there will be very little runoff from new
impervious surfaces and that the runoff will be infiltrated within the remaining lawn area.
4) There is no reasonable alternative location outside the General,Non-Disturbance, and the Discharge Zones
for any discharge, structure or activity. The new facility will be located adjacent to an existing patio and
landscaped area.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as it is consistent with the existing
residential use on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
2
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus"refers to the 147,644 sq. ft.parcel of land with land fronting on Great Pond Road as
shown on a portion of Assessors Map 63, Parcel 27, and also known as 673 Great Pond Road,
North Andover,Massachusetts.
B) The "Plans" refer to the plans prepared by Morgan Wheelock Inc, 625 Mount Auburn Street,
Cambridge, MA 02138 dated August 2008, consisting of Sheets 1 through 3, titled "Developed
Conditions Site Plan(2 sheets)&Existing Conditions Site Plan,Demoulas Residence".
C) The "Project" or "673 Great Pond Road"refers to the construction of 374 sq. ft. of heated
impervious surface area, including a 64 sq. ft. spa.
D) The "Applicant" refers to Robert Farnham, Jr., ICB Realty Trust, the applicants for the
Special Permit.
E) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
PRIOR TO THE START OF CONSTRUCTION
A) All applicable erosion control measures must be in place and reviewed and approved by
the Planning Department.
B) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally
ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the
Planning Board making a finding that the project is not in compliance with the plan; provided,
however,that the Planning Board shall give the developer written notice of any such finding and ten
days to cure said condition.
C) A bond in the amount of one thousand dollars($1,000.00)shall be posted for the purpose of insuring
that the site is constructed in accordance with the approved plan and that a final as-built plan is
provided, showing the location of all on-site structures. This bond shall be in the form of a check
3
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
made out to the Town of North Andover. This check will then be deposited into an interest bearing
escrow account.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Department.
DURING CONSTRUCTION
A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
B) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property
owner may provide a bond, determined by the Planning Board, to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
4
Robert H. Farnum, ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
G) This Special Permit approval shall be deemed to have lapsed after October 21,2010 (two years
from the date permit granted), exclusive of the time required to pursue or await determination of
any appeals, unless substantial use or construction has commenced within said two-year period or
for good cause. For purposes of this development, the developer shall be deemed to have
undertaken substantial use or construction if the developer has begun site grading a tree clearing
as noted on the Grading,Drainage and Utility Plan, sheet 5 of 10.
H) The following information shall be deemed part of the decision:
Plan titled: Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan
Demoulas Residence
673 Great Pond Road
North Andover,Mass.
Prepared for: Robert H. Farnum, ICB Realty Trust
Prepared by: Morgan Wheelock Inc.
625 Mount Auburn St.
Cambridge,MA 02138
Scale: 1"=20' & 1"=40'
Date: August,2008
Sheets: 3
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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PLANNING DEPARTMENTs �r � 4
Community Development Division
1600Osgood Street
North Andover,Massachusetts,01845
Bldg. ZBA
NOTICE OF DECISION ConfCom Health
Fire Chief Police Chief
Any appeal shall be filed Town Ctftw DPW/Engneers
Within (20)days after the Planning "'Surrounding Towns"
date of filing this notice:in
the office of the Town Clerk..
Date: October 21,2008
Date of Hearing: October 7,2008, October
21"2008
Date of Decision: October 21,2008
Petition of: Robert lEL Farnum,ICB Realty Trust
'673 Great Pond Road
North Andover, MA 01845
Premises.Affected: 673 Great Pond Road,North Andover,MA,Assessors Mag 63,Parcel 27.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136:
Under Section 4.136.3(b)(ii)(1Y of the Bylaw to permit limited activity within the Non-Discharge,
Zone of the Watershed Protection District
So as to construct 374 sq.ft.of heated impervious surface area, including a-64 sq. ft spa within the 325 foot
Non-Discharge Buffer Zone of the Watershed Protection District and the R-1 Zoning District.
After a public hearing given on the above date, and upon a motion by Michael Walsh and 2n' by Jennifer
Kusek to APPROVE the Watershed Special .Permit for the.Watershed Protection District Permit as
amended and based upon the following conditions.A unanimous;vote was made in favor of the application.
- behalf of the N9Kh Andover Planning Board
Jennifer Kusek ,Clerk
Michael Walsh
Courtney LaVolpicelo
Timothy Seibert
The Planning Board'herein APPROVES the Watershed Special Permit to construct 374 sq. ft. of heated
impervious surface area, including a 64
sq. $. spa within the 325 foot Non-Discharge Buffer Zona of the
Watershed Protection District. The project is located at 673 Great Pond .Road, North Andover,
1
a
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
Massachusetts, 01845, Map 763 Parcel 27 in the Residential 1 (R-1) Zoning District and in the Non-
Discharge Buffer Zone of the Watershed Protection District. The parcel totals approximately 147,644 s.£
with f>romage on Great Pond Road. This Special Permit was requested by Robert H. Famuin, ICB Realty
Trust,673 Great Pond Road,North Andover,MA 01845. The application was filed with the Planning Board
on September 5, 2008. The public hearing on the above referenced application was opened on October 7,
2008, and closed by the North Andover Planning Board on October 21, 2008. The applicant submitted a
�
complete application,which was noticed and reviewed in accordance ce wrth Section 8.3, 10.3, and 10.31 of the
Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 10.52:
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby, there willl not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
Board bases this findingon the
e
facts:
a. The project is located within the Non-Discharge-Zone of the Watershed Protection
District. The final design reflects extensive discussions between the Town and applicant
to ensure the continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
b. The-existing structure will be connected to the Town sewer and water systems.
c. The topography of the site will not be altered substantially.
2) Adequate and appropriate,facilities will be provided for the proper operation of the proposed use. The
applicant is proposing that the new spa will be connected to the town,s water system and to the existing
mechanical equipment that services the existing indoor pool, so that there will be no discharge of
chlorinated water relaxed to the new facility.
3) The applicant has also provided :information showing that there will be very little runoff from new
impervious surfaces and that the runoff will be infiltrated within the remaining lawn area.
4) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones
for any discharge, structure or activity. The new facility will be located adjacent to an existing,patio and
landscaped area.
In-accordance with Section 10.31 -of the'North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF TACT:
1) The specific site is an appropriate location for the proposed use as it is consistent with the existing
residential use on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
2
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit-Construction of Spa and Patio
5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning
District as shown in Table 2 of the North Andover Zoning By-laws.
6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDI'T'IONS:
1) Permit Definitions:
A) The"Locus"refers to the 147,644 sq. ft.parcel of land with land fronting on Great Pond Road as
shown on a portion of.Assessors Map 63, Parcel 27, and also known as 673 Great Pond Road,
North Andover,Massachusetts.
B) The "Plans" refer to the plans prepared by Morgan Wheelock Inc, 625 Mount Auburn Street,
Cambridge;MA 02138 dated.August 2008, consisting of Sheets 1 through 3, titled "Developed
Conditions Site Plan(2 sheets)&Existing Conditions Site Plan,Demoulas Residence".
C) The "Project" or "673 Great Pond Road"refers to the construction of 374 sq. ft. of heated
impervious surface area, including a 64 sq. ft. spa
D) The "Applicant" refers to Robert Farnham, Jr., ICB Realty Trust, the .applicants for the
Special Permit.
E) The'`Troject Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time, which can include but is not Iimited to the applicant,developer, and owner.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
PRIOR TO THE START OF CONSTRUCTION
A) All applicable erosion control measures must be in place.and reviewed and approved by
the Planning Department.
B) It shall be the responsibility of the,developer to assure that no erosion on the site shall occur which
will cause deposition of soil or sediment upon adjacent properties or public ways,-except as normally
ancillary to off-site sewer or .other off-site construction. Off-site erosion will be a basis for the
Planning Board'making a finding that the project is not in compliance with the plan; provided,
however,that the Planning Board shall give the developer written notice of any such finding and ten
days to cure said condition.
C) A bond in the amount of one thousand dollars($1,000.00)shall be posted for the purpose of insuring
that the site is constructed in accordance with the approved plan and that a final,as-built plan is
provided, showing the location of all on-site structures. This bond shall be in the form of a.check
3
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
made out to the Town of North Andover. This check will then be deposited into an interest bearing
escrow account
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
A) Three(3)copies of the signed,recorded plans.must be delivered to the Planning Department.
B) One certified.copy of the recorded decision must be submitted to the Planning Department.
DURING CONSTRUCTION
A) Any stockpiling of materials(dirt, wood, construction material, etc.) must be shown on a plan and
reviewed,andved
appro by the Planning Staff Any approved piles
must remain covered at all times
.and fenced Off to minimi a any dust problems-that may occur with adjacent properties.
B) In an effort to reduce noise'levels, the developer shall keep.in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with-theP laps.referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property
owner may provide a bond, determined by the Planning Board, to-cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area,
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) A final'as-built plan showing final topography,the location of all on-site utilities, structures and
drainage facilities must be submitted to the Planning Department.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan. :.
GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m.and 5:00 p.m.on Saturday.
D) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
4
k -
Robert H.Farnum,ICB Realty Trust,673 Great Pond Road
Map 63 Parcel 27
Watershed Special Permit—Construction of Spa and Patio
E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by
Planning Board.
F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised pians to the Planning Board for approval.
G) This Special Permit approval shall be deemed to have lapsed after October 21,2010 (two years
from the date permit granted), exclusive of the time required to pursue or await determination of
any appeals; unless substantial use or,construction has commenced within said two-year period or
for good cause. For purposes of thin development, the developer shall-be deemed to have
undertaken substantial use or construction if the developer has begun site grading a tree'clearing
as noted on the Grading,Drainage and Utility Plate,sheet 5 of 10.
H) The following information shall be deemed part of the decision:
Plan titled: Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan
Demoulas Residence
673 Great Pond Road
North Andover,Mass.
Prepared for: Robert H.Farnum,ICB Realty Trust
Prepared by: Morgan Wheelock Inc.
625 Mount Auburn St.
Cambridge,MA 02138
Seale: 1,>=20'& l"=40'
Date: August,2008
Sheets: 3
cc: Town Departments
Applicant
Engineer
Abutters .
Assessor
LEGAL NOTICE
TOWN OF NORTH
ANDOVER PLANNING
BOARD
NOTICE PUBLIC O '
HEARING,TUESDAY, ��....��
OCTOBER 7,2008
In accordance with the
provisions of M.G,L, ppp
hapter 40-A, Section y Q
11, the North Andover 's 11,
Planning Board will hold
a public hearing as fol- go Q (�
lows:
urpose of Public
Hearing: Application for pp G �" ttkYYG y
Watershed Special Per- r10 O �I
mit under sections
4.136(2) if and 10.3 ofp
the North Andover Zon-
ing Bylaw.The applicant fh pq• �' r r y • t�h
seeks to resurface the pp Q 04
rear patio and 347 s.f.of
to
heated impervious sur- p *d ►�] 3 0
face area will be added p ''" Q I� 0 A
to existing patio.The 347 q ���ttt t� ty O y a A Q ,� "
s.f. Includes a new pro- 'R y F•i r �p
posed 64 s.f.Spa,which W �Et �i� n •�4 �. C *--d
will be located in the 0. ot
Non-Discharge zone of Q r O
the Watershed within R-1 13 ►+� y�j r
zoning district. f/j tsJ
Applicant/Petitioner: 0, b Z
Robert H. Farnum, J
yr. p'
�. '
ICB Realty Trust 673 9
Great Pond Road North
Andover,MA 01845 n b Q fJa ' +G ® ,� CLQ �►
Owner: Same as Er
above R' �'' CL q I t d a
Address of Premises
Affected 673 Great Pond
RoadC po j pp N
Assessors Map and l� C3 Ca y
Lot:Map 63,Lot 27
Public Hearing Date& PD
Time Tuesday, October +
7,2008 7:00 p.m.
Location of Public
e
rt
Hearing Town Hall, 20 lei Street, toloor
conference rooM. Q
C .
All interested persons G A P g� oy` CLQ
may appear and bQ � d SCI O
heard. Persons needing ' I�
speial accommodations p f!Q d `d
andc/or those interested
in viewing the application hd pro
materials should contact Q�
the North Andover Plan- yti
ning Department at(978) 00
� t z
688-9535. •� � P�
John Simons,Chair, '' C C tC v'F _
North Andover PlanningChd
Board
ET—9/23,9/30/08RD
O
(D
ti
AL Ol2tGINFI L
�fETLANDS
4
1
, RESERVATION
�j
INC.
,-; September 5,2008
Ms. Mary Ippolito CIO
-
North Andover Planning Board
1600 Osgood Street rn-
North Andover,MA 01845 t -
Re: Special Watershed Permit Application
673 Great Pond Road(Map 63/Lot 27) cry r
North Andover,MA -
Dear Mary:
Enclosed please find ten(10)copies of the Application for Watershed Special Permit,together with the
Checklist for a Special Permit,Project Summary, certification letter, locus map and certified abutters list.
We have provided three(3)full-sized site plans and seven(7)reduced-sized site plans. We have provided all
the necessary mailing labels, envelopesandstamps for the legal notice and decision notice to be mailed by
you to abutters and surrounding towns.
This Special Permit Application is being filed because the owners of 673 Great Pond Road wish to construct
an outdoor spa at their house,the location of the proposed work is within the Watershed District and while
all the work is outside of the non-disturbance zone,the work is within the non-discharge zone. Note that the
subject lot was created on January 25, 1994 and, as such,the site falls fully within the 325' non-discharge
zone and includes areas of 100'non-disturbance zone.
Enclosed are two checks one in the amount of$100.00 for the local permit fee and a second check in the
amount of$2,000.00 for the outside consultant fee,both payable to the Town of Andover. I understand that
the public hearing is scheduled for Tuesday,October 7,2008 and that the legal notice will be published in the
Eagle Tribune on two separate dates by me. I will wait for your direction as to the publication dates.
If you have any questions concerning this application,please contact us.
Sincer�Y,
di
Curtis R. Young.
President
d1b
Enclosures
Distribution List Attached
93430.0
475 Ipswich Road E-mail: info@wetlandwpi.com 47 Newton Road
Boxford, MA 01921 Fax: (6031382-3492 Plaistow, NH 03865
(978) 352-7903 www.wetiandwpi.com (603) 382-3435
Distribution List
cc: Robert H. Farnham,Jr.,Trustee—ICB Realty Trust
Richard Cuoco,P.E.—Cuoco&Cormier Engineering Associates, Inc.
Christopher J.Dindal,A.S.L.A.—Morgan Wheelock,Inc.
Katie Anderson Architect—Moran Wheelock Inc.
Morgan ,
Ivan Bereznicki,A.I.A.—Ivan Bereznicki Associates
Ken LaRose—Andover Equity Builders
43430.0
i
I
ETLANDS
, RESERVATION
INC
September 3,2008
Ms. Judith M.Tymon,AICP
North Andover Town Planner
1600 Osgood Street
North Andover,MA 01845
Re: Special Permit Certification
673 Great Pond Road
North Andover,MA
Dear Ms. Tymon:
As a professional wetland scientist certified by the Society of Wetland Scientists,and a
Natural Resource Scientist certified by the State of New Hampshire,I have reviewed the
design and siting of the proposed spa facility at 673 Great Pond Road in North Andover,
Massachusetts.
The proposed project represents a minor modification of an existing patio area to incorporate
subsurface piping and a fenced spa facility. The project will add 347 square feet of
impervious area that will include the placement of a new 64 square-foot spa facility. The
work is proposed in an existing patio location behind the house on the parcel and adjacent to
an existing indoor pool facility. The location is relatively central to the developed portion of
the property and the drainage from the patio area will be onto a modest expanse of lawn area
with relatively flat slopes. The proposed work will have the effect of reducing some lawn
area onsite. However, it is not expected that this will reduce the ability of the remaining lawn
to readily infiltrate the additional runoff from the patio area. This is as a result of the well-
drained soils associated with the site,the flat grades,the distance to the wetlands,and the
dense turf grass in the lawn area.
The runoff from the patio area is not expected to include any water quality constituents that
would have an adverse effect on Lake Cochichewick,and it is important to note that the spa
area,while treated with chlorine,will be maintained through mechanical equipment within
the existing pool house and there will be no discharge of chlorinated water resulting from
pool service or maintenance. Due to the nature of the proposed use,there is no expected
nitrogen, phosphorus or other chemicals that are remotely likely to be released as a result of
the proposed project.
475 Ipswich Road E-mail: info@wetlandwpi.com 47 Newton Road
Boxford, MA 01921 Fax: (603) 382-3492 Plaistow, NH 03865
(978) 352-7903 www.wetiandwpi.com (6031 382-3435
c
Ms.Judith Tymon,AICP
September 3,2008
Page 2 of 2
Should you have any questions or require any additional information with regard to this
certification,please do not hesitate to contact us.
Very truly yours,
G�
Curtis R.Yo g
President
CRY:dlb
OR (G-MAL
Town of North Andover Planning Board
Application for Watershed S ecial Permit
Please type or print clearly.
Robert H. Farnham. Jr.
1. Petitioner: ICB Realty Trust
Petitioner's Address: 673 Great Pond Road North Andover, MA 01845
Telephone number: 978 685-9102
Robert H. Farnham, Jr.
2. Owners of the Land: ICB Realty Trust
Address: 673 Great: Po" Road North Andover, MA 01845
Number of years of ownership: 12
3. Year lot was created: January 25, 1994 —
4. Is the lot currently on septic or sewer? Sewer
If on sewer,.please provide date the sewer connection was completed:
S. Description of Proposed Project: See attached Project Summary
6. Description of Premises: See attached Project Summary
7. Address of Property Being Affected 673 Great Pond Road North Andover, MA
Zoning District: RD 1
Assessors: Map: 63 Lot# 27
Registry of Deeds: Book#.-_1116 Page#: 152 .
8. Existing Lot:
Lot Area(Sq.Ft) 147,644 BuildingHeight 30' est.
Street Frontage: 307' Side Setbacks: 90.4y 61.3
Front Setback: 280' Rear Setback: 79.2
Floor Area Ratio: 62 Lot Coverage: 3.9Z
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) n/a Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 5,000 Bw'Wirtg Height•. 35'
Street Frontage: 75 Side Setbacks: 5'
Front Setback: 20 Rear Setback: 15'
Floor Area Ratio: n 7 a W Coverage: 25
11. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 5,775 est. #of Floors: 2
Total Sq.Ft. 9.228 est. Height 30' est,--
Use:
st.Use: Single Family Home Type ofConetructiomWood Frame
12. Proposed Building:
Ground Floor(Sq.Ft.) n j a #of Floors:
Total Sq.Ft. Height:
Use: Tyle of Construction
13. Has there been a previous application for a Special Permit from the Planner Board on these
premises? no if so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit is Being
Requested Section 4. 136 Watershed Protection District
15. Petitioner and Landowner siguature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town t:tWs office. It shall be the
responsibility of the petitioner to furnish all supporting documentaition with this Win.
The dated copy of this application r dived by the Town Clrk or Planning Office does net
absolve the applicant from this responsibility. The petitioner gall be responsible for alt atpe uses
for filing and legal notification. Failure to comply wilh application requirements,as cited herein
and in the Planning Board Rules and Regulations may result in wdismissal by the Phoning B oard
of this application as incomplete.
Petitioner's Signature:
Print or type name here: Robert H. Farnhamt Jr 1CB Realty Trust
7 Owner's Signature: .
Print or type name here: Robert H. Farubmot, Jr. ICB Realty Trust
16. Please list title of plans and documents you will be attaching to this application
TOWN OF NORTH ANDOVER—PLANNING DEPARTMENT
CHECKLIST FOR A SPECIAL PERMIT
This checklist is to be used as a guide for complying with the Town of North Andover's Special Permit regulations. A completed
checklist must be submitted as apart of the required Special Permit application. The Planning Board shall make a determination to
accept,reject,or table an application based on both its review and the review and recommendation of the Department of Planning and
Community Development.
Please fill out this checklist thoroughly by checking the appropriate box and providing the necessary information. Provide written
justification for any waiver requests (including citing the appropriate section number of the regulations),or for any boxes checked
"not applicable"if the reasons are not apparent.
The Town of North Andover Bylaw is available for a fee at the Planning Department and Community Development or/on the Web at;
www.townofiiorthandover.com. If you have any questions,please contact this office for assistance at: 978-688-9535.
ON NOT WAIVER
REQUIREMENTS PLAN APPLICABLE REQUESTED EXPLANATION
Submit 3 copies of plan 1"=40' &
Submit 7 copies of plan 11"x17".
1 North Arrow/Location Map ❑ 1
2 Survey of lot/parcel ❑ ❑ 2
3 Name/Description of prqiect ® ❑ ❑ 3
4 Easement/Legal Conditions 99 ❑ ❑ 4
5Topography ® ❑ ❑ 5 .
6 Zoning Information ® ❑ ❑ 6
Page 1
ON NOT WAIVER
REQUIREMENTS PLAN APPLICABLE REQUESTED EXPLANATION
7 Storm Water Drainaa Plan ❑ ❑ rainage patterns provided oj in rct Summary
8 Building(s) location
and rhe HYdrotogte Evatuatton CerMficatlon.
9 Building elevation ® ❑ ❑ 9
10 Location of Parking/Walkways Parking/Walkways1g O ❑ 10
11 Location of Wetlands 99 ❑ ❑ 11
12 Location of Walls/Si s ® ❑ ❑ 12
13 Location of Roadways 9 ❑ ❑ 13
14 Outdoor Storage/Display Area ❑ ® ❑ 14
15 Landscaping Plan 23 ❑ ❑ 15
16 Refuse Area ❑ ® ❑ 16
17 Lighting Facilities O 99 ❑ 17
18 Drainage Basin Study ❑ ® ❑ 18
19 Traffic Impact Study D ® ❑ 19
20 Utilities ❑ ® D 20
21 Fiscal hn act ❑ ❑ 21
22 Community Im act ❑ ❑ 122
iQ442���
�O
Signature of person pr6oarinj the Checklist for a Special Permit. Date
Curtis R. Young, President
Wetlands Preservation, Inc.
Pc ecklist
Mi/desktop/S h Mary
Page 2
PROJECT SUMMARY
673 Great Pond Road
North Andover,Massachusetts
September 3,2008
This proposal involves resurfacing the rear patio at 673 Great Pond Road in North Andover,
Massachusetts. In doing so, 347 square feet of heated impervious surface area will be added to
the existing patio. The 347 square feet includes a new 64 square-foot spa. The hot tub will be
flush with the existing grades and will be surrounded by a fence that complies with local pool
codes. This fence will be hidden by proposed shrubs and landscape beds that will surround the
patio. Subsurface piping will be installed in the bluestone base,and circulating hot water will
eliminate snow accumulation.
The property has recently completed a review by the North Andover Conservation Commission
(NACC)of the lot's wetland areas and limits of wetland buffer zones and received an Order of
Resource Area Delineation(DEP File Number 242-1424)confirming the resource area
boundaries on the proposed project site plans. Additionally,the NACC issued an Order of
Conditions(DEP File Number 242-1429)for minor landscaping and wall reconstruction on the
lot. This work is in process. The patio and associated spa will be located outside of the 100' non-
disturbance zone and wetland buffer zones,as noted on the plan. However,the entire property
falls within the 325' no-discharge zone.
There will be no significant changes to the existing grading. Areas of new impervious surfaces
will have a 1%slope that will drain any runoff into adjacent planting beds,where it will percolate
into the soil.
The mechanics of the spa will be placed in the basement of the existing house alongside the
mechanics of the existing swimming pool. The spa shall incorporate a chlorine-based treatment
system. When necessary,the spa will drain into the public sewer.
We propose to place the spa in this specific location because of its appropriateness. It is located
in the rear of the property and is adjacent to the existing patio and existing indoor swimming
pool. Additionally,the location is well separated from the wetland areas on the property and will
drain to planting beds and lawn,which will readily infiltrate runoff from the patio area. The
attached certification confirms the non-significant effects of the proposed project on the water
quality and quantity discharging to Lake Cochichewick.
E T L A N O S
®,RESERVATION
cy
'NC.
-FF
F
September 3,2008
Ms. Judith M.Tymon,AICP
North Andover Town Planner
1600 Osgood Street
North Andover,MA 01845
Re: Special Permit Certification
673 Great Pond Road
North Andover,MA
Dear Ms. Tymon:
As a professional wetland scientist certified by the Society of Wetland Scientists,and a
Natural Resource Scientist certified by the State of New Hampshire,I have reviewed the
design and siting of the proposed spa facility at 673 Great Pond Road in North Andover,
Massachusetts.
The proposed project represents a minor modification of an existing patio area to incorporate
subsurface piping and a fenced spa facility. The project will add 347 square feet of
impervious area that will include the placement of a new 64 square-foot spa facility. The
work is proposed in an existing patio location behind the house on the parcel and adjacent to
an existing indoor pool facility. The location is relatively central to the developed portion of
the property and the drainage from the patio area will be onto a modest expanse of lawn area
with relatively flat slopes. The proposed work will have the effect of reducing some lawn
area onsite. However, it is not expected that this will reduce the ability of the remaining lawn
to readily infiltrate the additional runoff from the patio area. This is as a result of the well-
drained soils associated with the site,the flat grades,the distance to the wetlands,and the
dense turf grass in the lawn area.
The runoff from the patio area is not expected'to include any water quality constituents that
would have an adverse effect on Lake Cochichewick,and it is important to note that the spa
area,while treated with chlorine,will be maintained through mechanical equipment within
the existing pool house and there will be no discharge of chlorinated water resulting from
pool service or maintenance. Due to the nature of the proposed use,there is no expected
nitrogen,phosphorus or other chemicals that are remotely likely to be released as a result of
the proposed project.
475 Ipswich Road E-mail: info@wetlandwpi.com 47 Newton Road
Boxford, MA 01921 Fax: (603) 382-3492 Plaistow, NH 03865
Ms. Judith Tymon,AICP
September 3,2008
Page 2 of 2
Should you have any questions or require any additional information with regard to this
certification, please do not hesitate to contact us.
Very truly yours,
Curtis R.Yo s g
President
CRY:dlb
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673 Great Pond Road
North Andover, MA
WETLANDS PRESERVATION,INC.
47 Newton Road Plaistow,NH 03865(603)3$2-3435
5-7515/110 3768
ROBERT FARNHAM, JR. 65300017418
673 GREAT POND RD.
NORTH ANDOVER, MA 01845 DATE
PAY TO THE r'�^ /, $ 2.4)0 •s Ze
ORDER OF /
DOLLARS.
s y��
#Sovereign Banli17
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MEMO
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5-7515/110 3769
ROBERT FARNHAM, JR. 65300017418
673 GREAT POND RD.
NORTH ANDOVER, MA 01845
DATE7r�
PAY TO THE
ORDER OF "
.,gam _-- _- �X�. !DOLLARS L+J
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Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT. MGL 40A,Section t 1 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property 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
63 27 ICB Realty Trust 673 Great Pond Road North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
63 11 Southern NE Conference `4 PO Box 249 Lawrence,MA 01842
63 12 North Andover Country Club '/500 Great Pond Road North Andover,MA 01845
63 13 Dale Carleton V 611 Great Pond Road North Andover,MA 01845
63 14 Paul Creamer ✓ 675 Great Pond Road North Andover,MA 01845
63 15 Lawrence Curran 30 Brentwood Circle North Andover,MA 01845
63 20 Andrew&Kimberly Gildea ✓ 680 Great Pond Road North Andover,MA 01845
63 21 Marilyn Elias V 700 Great Pond Road North Andover,MA 01845
63 25 Vincente Rubin ✓ 625 Great Pond Road North Andover,MA 01845
63 26 Mary Buckley Vol 681 Great Pond Road North Andover,MA 01845
63 36 Thomas Murphy 40 Brentwood Circle North Andover,MA 01845
63 37 Michael Sullivan ✓ 284 Brentwood Circle North Andover,MA 01845
63 38 William Macnally ,/ 295 Brentwood Circle North Andover,MA 01845
63 41 James O'Book 281 Brentwood Circle North Andover,MA 01845
63 45 Marie Vaudo 38 Salle Way North Andover,MA 01845
64 6 North Andover Country Club,/ ... 500 Great Pond Road North Andover,MA 01845
64 49 Michael Shumway 269 Brentwood Circle North Andover,MA 01845
64 50 Susan Conte ✓ 270 Brentwood Circle North Andover,MA 01845
64 51 Frank Conte , e 270 Brentwood Circle North Andover,MA 01845
Date 8/27/2008
This certifies that the names appearing on the Page 1 of 1
records of the Assessors Qffice as of
-'ertified y: Date 1 a
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 Order of Conditions 242-1429
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling 1. From: Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Robert H. Farnham, Jr.
use the return a. First Name b.Last Name
key. ICB Realty Trust
c.Organization
673 Great Pond Road
d. Mailing Address
r North Andover MA 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name
c.Organization
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
673 Great Pond Road North Andover
a. Street Address b.City/Town
MAP 63 Parcel 27
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42-41-39N 71-05-16W
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 Number(if registered land)
5536 152
c. Book d.Page
7. Dates: 5/16/08
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Existing Conditions Site Plan,Developed Conditions Site Plan
a. Plan Title
Morgan Wheelock, Inc Christopher J. Dindal, Registered Landscape
b. Prepared By Architect
5/16/08 1"=20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5.doc• rev,2/27/08 Page 1 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 Order of Conditions 242-1429
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
d. ® Private Water Supply e. EJ Fisheries Z Protection of Wildlife Fisheries 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:
a. ® 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:
b. ❑ 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.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
q q q q
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.c/y dredged f.c/y dredged
wpaform5.doc- rev.2/27/08 Page 2 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1429
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings cont.
9 (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ 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
e. ❑ 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
9. ❑ 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 square feet h.square feet i.square feet
9• q q q j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.cly dredged d.cly dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet a cty nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt.
15. ❑ Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. El Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.Gy dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cly dredged b.c/y dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc- rev.2127/08 Page 3 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 242-1429
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, "MassDEP"]
"File Number
242-1429 "
wpaform5.doc• rev.2/27/08 Page 4 of 10
L
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassD>=P File Number:
WPA Form 5 - Order of Conditions 242-1429
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 MassDEP.
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. The work associated with this Order is (1)® is not(2)❑ subject to the Massachusetts
Stormwater Policy Standards. If the work is subject to the Stormwater Policy,the following
conditions apply to this work and are incorporated into this Order:
a) No work, including site preparation, land disturbance, construction and redevelopment, shall
commence unless and until the construction period pollution prevention and erosion and
sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing
authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution
control measures and best management practices(BMPs)shall be implemented in accordance with
the construction period pollution prevention and erosion and sedimentation control plan, and if
applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System
Construction General Permit.
wpaform5.doc- rev.2/27/08 Page 5 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1429
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs until written
approval is received from the issuing authority. To request written approval, the following must be
submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as-built
plans signed and stamped by a registered professional engineer certifying the site is fully stabilized;
all construction period stormwater BMPs and any illicit discharges to the stormwater management
system have been removed; and all post-construction stormwater BMPs were installed in accordance
with the plans (including all planting plans)approved by the issuing authority, and have been
inspected to ensure they are not damaged and will function properly.
c) Prior to requesting a Certificate of Compliance, the responsible party(defined in General
Condition 18(e)) shall submit to the issuing authority an Operation_and Maintenance (O & M)
Compliance Statement for the Stormwater BMPs. This Statement shall identify the responsible party
for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible
parties shall be notified in writing of their continuing legal responsibility to operate and maintain the
stormwater management BMPs and implement the Pollution Prevention Plan; and 2. The Operation
and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of
the Certificate."
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Discharge Elimination
System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the issuing authority shall presume that the
responsible party for maintaining each BMP is the landowner of the property on which the BMP is
located. To overcome this presumption, the landowner of the property must submit to the issuing
authority a legally binding agreement acceptable to the issuing authority evidencing that another entity
has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be
treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through
18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the
requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the
Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving
more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and
the Massachusetts Stormwater Handbook.
g) The responsible party shall
1. Maintain an operation and maintenance log for the last three years including inspections,
repairs, replacement and disposal (for disposal the log shall indicate the type of material and
the disposal location);
2. Make this log available to MassDEP and the Conservation Commission upon request; and
3. Allow members and agents of the MassDEP and the Conservation Commission to enter and
inspect the premises to evaluate and ensure that the responsible party complies with the
Operation and Maintenance requirements for each BMP set forth in the Operations and
Maintenance Plan approved by the issuing authority.
h) All sediments or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
wpaform5.doc• rev.2/27/08 Page 6 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 -- Order of Conditions 242-1429
Massachusetts Wetlands Protection Act M.G.L. c 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
j) The stormwater management system approved in the Final Order of Conditions shall not be
changed without the prior written approval of the issuing authority. Areas designated as qualifying
pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior
written approval of the issuing authority.
k) Access for maintenance of stormwater BMPs shall not be obstructed or blocked. Any fencing
constructed around stormwater BMPs shall include access gates. Fence(s)shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
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
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1.Municipal Ordinance or Bylaw 2.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.
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
1.Municipal Ordinance or Bylaw 2.Citation
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space
for additional conditions, attach a text document):
See attached
wpaform5.doc• rev.2/27/08 Pagel of 10
DEP FILE 9 242 - 1429
Therefore, the North Andover Conservation Commission(hereafter the
"NACU) hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations,the local
Bylaw and Regulations, to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC,agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days 30 prior to the expiration date of the Order (Refer to Section 8.3 o the
Y � ) �
p
p f f
North Andover Wetland Regulations).
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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. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
26. The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
27. The proposed work includes: Construction of stone walls,walkways and
landscaping within the buffer zone to a bordering vegetated wetland and
isolated vegetated.
28. The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Robert H. Farnham Jr.
ICB Realty Trust
673 Great Pond Road
North Andover,MA 01845
Site Plans prepared by: Morgan Wheelock,Inc..
625 Mount Auburn Street
Cambridge, MA 02138
Entitled: Developed Conditions Site Plan
Demoulas Residence
North Andover, MA
Dated May 16,2008
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29. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland and Isolated Vegetated
Wetland. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the
identified interests.
30. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade; soils or vegetation is permitted in
the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
32. 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.
33. The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
to flooding, storm damage or any other form of water,damage. Maintenance
of the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
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34. 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.
M
R TO CONSTRUCTION
35. 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.
36. 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.
37. A sign shall be displayed at the site not less than two square feet or more than
three square feet in size bearing the words "Massachusetts DEP,File
Number 242-1429.
38. 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.
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39. 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.
40. Prior to any work commencing on-site,the applicant shall submit to the.
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
41. 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.
42. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall
be implemented at the direction of the NACC. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any
impacts which could result from site erosion, or any noticeable degradation
of surface water quality discharging from the site. For example, installation
of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the
Commissions request.
43. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used
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only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
44. A check payable to the Town of North Andover shall be provided in the
amount of $1000 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.
45. The applicant shall designate a Wetland Scientist as an"Erosion Control
Monitor" to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and
phone number of the erosion control monitor must be provided to the NACC
in the event that this person has to be contacted, due to an emergency at the
site, during any 24-hour period, including weekends. Proof of the retained
monitor must be submitted to the Conservation Department on letterhead
by the retained consulting firm. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor
will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any
entrapped silt. At least once during each week in which construction
activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion
Control Monitor"to the NACC certifying that, to the best of his/her
knowledge and belief based on a careful site inspection,all work is being
performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are
functioning as intended. In addition, all wetland resource areas must be
visually inspected for siltation,turbidity,and/or other water quality impacts.
46. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC prior
to transferring,or assigning any portion of said land to another party,
subject to said Orders of Conditions,the "Compliance Certification Form
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Affidavit" attached via "Appendix A" signed under the pains and penalties
of perjury, stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall
be provided to the Conservation Department at least five (5) business days
prior to the closing of said land transaction.
47. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative, the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
48. 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.
49. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
50. 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.
51. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
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52. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
53. 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.
54. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
55. During and after work on tl-tis 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
56. 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.
57. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition shall survive this Order of Conditions and shall
run with the title of the property. This condition is issued under the
authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
58. 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
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the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
59. Upon complete stabilization of the site, erosion controls shall be removed and
disposed off properly. All unstabilized areas under the erosion controls shall
be seeded immediately.
60. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer
(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.
"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.
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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 a—y disturbance of
soils or vegetation.
65. 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;
➢ Discharge or spillage of pollutants (Condition #59);
➢ Prohibition of underground fuels (Condition#60);
Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #61).
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APPENDIX A-AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
-authorized agent of applicant or owner
(Signature g pp )
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
LJ
WPA Form 5 - Order of Conditions 242-1429
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 011.44f
condition pursuant to General Conditions#4, from the date of issuance. T. Date of issuance
Please indicate the number of members who will sign this form: 7
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
/4-
N ary Acknow dgement
Commonwealth of Massachusetts County of Essex North
On this of V 'tee' a70CIP
Day Month Year
Before me, the undersigned Notary Public, 4 l eoe r/0 /9,4 N91, Jil .
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
DONNA M WEDGE ��' /�. 4
mow= NOTARY PUBLIC
COWAOWEATNOFW&WHUSE Si nature of Notary Public _
�brGomm.al:+av+aaaua.7. + Doey#, /N 1)e-m
Printed Name I Notpry Public
Place notary seal and/or any stamp above19 Z " -,�
My Commission pires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on p by certified mail, return receipt requested,on
Date Date
wpaform5.doc• rev.2/27108 Page 8 of 10
Massachusetts Department of Environmental Protection
L77 Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 242-1429
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 MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's
Superseding Order associated with this appeal will be required to demonstrate prior participation in the review
of this project. Previous participation in the permit proceeding means the submission of written information
to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order
or Determination, or providing written information to the Department prior to issuance of a Superseding
Order or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.2/27/08 Page 9 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1429
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page 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:
673 Great Pond Road 242-1429
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc- rev.2/27/05 Page 10 of 10
i 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 4B - Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: North Andover
When filling out From: Conservation Commission
forms on the
computer, use 2. This Issuance is for(check one):
only the tab key
to move your
cursor-do not a. ® Order of Resource Area Delineation Only
use the return
key.
b. ❑ Order of Resource Area Delineation Subject to Simplified Review
�. ❑ Not Subject to Stormwater Policy
2. ❑ Subject to Stormwater Policy
c. ❑ Amended Order of Resource Area Delineation
Note:
Before 3. To: Applicant:
completing this
form consult Robert H. Farnham, Jr. IC6 Realty Trust
your local a. First Name b.Last Name c.Company
Conservation
Commission 673 Great Pond Road
regarding any d.Mailing Address
municipal bylaw North Andover MA 01845
or ordinance. e.City/Town Y f.State g,Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
673 Great Pond Road North Andover
a.Street Address b.City/Town
Map 63 Parcel 27
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude(note: electronic filers 42-41-39N 71-05-16W
will click for GIS locator): e.Latitude f.Longitude
3/28/08 4/23/08 4/24/08
6. Dates: a. Date Notice of Intent filed b.Date Public Hearing Closed c.Date of Issuance
7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Topographic Survey Plan 4/10/08
a.Title b.Date
c.Title d. Date
wpaformft.doc•rev.01107 Pagel of 7
3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1424
L1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation
1. The Conservation Commission has determined the following (check whichever is applicable):
a. ® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated
Notice of Resource Area Delineation are accurately drawn for the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ® Other Resource Area(s), specifically:
Two isolated vegetated wetland flags 1-26 and flags 27-46
b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource
Area Delineation, are accurately drawn from the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
c. ❑ Inaccurate: The boundariesdescribed on the referenced plan(s)and in the Abbreviated
Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed
for the following resource area(s):
i. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
3. The boundaries were determined to be inaccurate because:
wpaform4b.doc•rev.01107 Page 2 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"umber:
WPA Form 4B — Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review
Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you
must comply with the following conditions. If your project does not meet these requirements, you are
required to either file a Determination of Applicability or Notice of Intent or take other corrective
measures as directed by the Conservation Commission.
Simplified Review Conditions:
Work conducted under Simplified Review requires the following:
1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and
Bordering Land Subject to Flooding.
2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone
shall not be disturbed by any work associated with this project, including placement of any
stormwater management components.
3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified
vernal pool, public water supply reservoir or tributary),as defined in 314 CMR 4.00 or border
coastal resource areas at 310 CMR 10.25-10.35.
4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife
habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare
Wetlands Wildlife).
5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone
line or limit of work (whichever is a greater distance from the resource area)to protect resource
areas during construction.
6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in
conformance with an approved Stormwater Management Plan.
7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient
across the 100-foot Buffer Zone.
8. The amount of new impervious surface,in combination with existing impervious surfaces, shall
not exceed 40% of the Buffer Zone between 50 and 100 feet.
9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50-
foot Buffer Zone during the three-year term of an Order associated with this application.
10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall
be flagged; all boundary delineation flagging should be maintained for the term of the Order.
11. If stormwater management structures are proposed in the Buffer Zone, the stormwater
management structures shall be maintained as required in the Stormwater Plan. Such
maintenance constitutes an ongoing condition and is not subject to further permitting
requirements.
12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the
Registry of Deeds prior to the commencement of work per the requirements of Section F.
13. Prior to proceeding with any work under Simplified Review, applicants are required to provide
written notice to the Commission one week prior to commencing any work.
14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI
or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD
associated with this application. If work authorized under Simplified Review is not commenced, then
future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone.
--End of Conditions--
wpaform4b.doc•rev.01107 Page 3 of 7
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review (cont.)
Stormwater Applicability
1. ❑ The project is not subject to the Stormwater Policy.
2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the
project complies with all stormwater standards.
Ineligibility Determinations
Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a
Request for Determination of Applicability or Notice of Intent prior to any work because:
3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25-
10.35.
4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%.
5. ❑ Buffer Zone contains estimated rare wildlife habitat.'
s. ❑ The site borders an Outstanding Resource Water.'
Stormwater
7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient
information to demonstrate compliance with the Stormwater Management Policy. Prior to any
work, the applicant must submit plans showing compliance with the standards in the
Stormwater Policy, the location of the work, the amount of impervious surface, and the
location of erosion controls, to the Commission for its concurrence. (See instructions to
ANRAD Form 4A.) The following necessary stormwater information was not submitted by the
applicant:
a
s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or
more of the stormwater standards(specify which standard(s) not met).
a.Standard#
b.Standard#
9. ❑ Impervious surface exceeds 40%of the area of the Buffer Zone between 50 and 100 feet
from the resource area.
10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls
located at the limit of work or at least 50 feet from any resource areas,whichever will be greater.
11. ❑ Work is proposed within 50 feet of a resource area.
Notice to Commission
Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR
10.02, must provide written notice to the Commission one week prior to any work.
' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered
Species Program.
2 Certified Vernal Pools, public water supplies, or inland ACECs as identified in 314 CMR 4.00.
wpafcrm4b.doc•rev.01107 Page 4 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Findings
This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the
boundaries of those resource areas noted above, have been delineated and approved by the Commission
and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131, §40) and its regulations (310 CMR 10.00). This Order does not, however, determine the
boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,
regardless of whether such boundaries are contained on the plans attached to this Order or to the
Abbreviated Notice of Resource Area Delineation.
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.
If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone
project, the applicant has certified that any work associated with the proposed project meets all eligibility
requirements for Simplified`Review listed in Section C of this Order. Any work that does not comply with
the Simplified Review requirements will require a Notice of Intent or Request for Determination of
Applicability.
The applicant is responsible for promptly requesting a Certificate of Compliance following completion of
any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order
of Resource Area Delineation unless the Order is extended.
Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the
Department to take enforcement action.
This Order must be signed by a majority of the Conservation Commission.The Order must be sent 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 DEP Regional Office(see
http://www.mass.-gov/der)/about/reciion/findyour.htm).
E. 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 Resource Area Delineation.When
requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the
objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified
mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for 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 bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate jurisdiction.
wpaform4b.doc•rev.01/07 Page 5 of 7
[LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber.
WPA Form 4B — Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
F. Signatures and Notary Icknowledgement
Please indicate number-of who will sign this for
+' 1.Number of Signers
Signat ofon a" n mm" ion mber Si t re o n a' C' mission Member
Sign tur of Conserv o mber Sigr Ure/bibonser)4tion4ommission Member
Signatu n Commission Member Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
This Order is issued to the applicant and the property owner(if different) as follows:
❑ by hand delivery on [Erby certified mail, return receipt requested on
I/J.7
Date Date
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Q 3 xcl( of APRIL Dad
Day Month Year
Before me, the undersigned Notary Public, ,q LA2,2-rV &4,UZz J9- .
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
DONNA M.WEDGE -7y�
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS
Nb�R Aug.7� Signature of Notary Public
r
_._ �9H/24 l/�- NVG1l0�
Printed Name of Notary Public
Place notary seal and/or any stamp above P J'7 1 Rdn`/
My Com issi Expires(Date)
wpaform4b.doc•rev.01/07. - - - - Page 6 of 7
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1424
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
G. Recording Information
If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be
recorded.
If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 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:
673 Great Pond Road 242-1424
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
wpafcrm4b.doc-rev.-01107 - - Page 7 of 7
w
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$100.00(single family house projects)or$200(all other projects),
to the Commonwealth of Mass
payable achusefts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform4b.doc - Page 1 of 2
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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 Actor 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 Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www,mass.gov/dep`/``about/reciion/findyour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform4b.doc Page 2 of 2
JOYC Et P:ATOWN CLFJ�K
NORT14 ANDOVER TOWN OF NORTH ANDOVER JO BRADS'
MASSACHUSETTS TO K
Nt}R7 DOVER
JUN E 7 r
PLANNING BOARD 3 +
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant: ,�,� ,� L /�•�c/�cc%�o Address:
1. Application is hereby made
(a) For a Special Permit under Section AM6, Paragraph r
of the Zoning Bylaw.
2 . (a) Premises affected are land and buildings
numberedC73 PNI? Street.
(b) Premises affected are property with frontage on the
North South _jam East West side of
Street, known as No. 67 3
Street.
(c) Premises affected are in Zoning District " ark
the premises affected have an area of 3, � %
and frontage of .30� 9�5 feet.
3 . Ownership:
(a) Name and Address of owner (if joint ownership, give all
names) :
7:w�,s G, ,wz> 4 C 6 4--1AJ Z ey6Zx- 1 a
Date of purchase Previous owner •?7,v7n,4-s1�t xvS
(b) If applicant is not owner, check his interest in the
premises:
Prospective purchaser
Leasee
Other (explain)
4 . Size of proposed building: front: feet deep
Height: stories: feet.
(a) Approximate date of erection /99S
(b) Occupancy or use (of each floor) �,1�rry,4C�
(c) Type of construction uJ
5. Size of Existing Building: feet front: feet deep
Height: stories feet.
(a) Approximate date of erection
(b) occupancy or use (of each floor)
6. Has there been a previous application for a ppecial Permit
from the Planning Board on these premises? -1-Jo
If so, when
7. Description of purpose for which Special Permit is sought on
this petition: v��s-mo i r ,o_,, ,..� ,J l�I ,.,'� �.�,�
8 . Deed recorded in the Registry of Deeds in Book-497/ Page /6'0
or Land Court Certificate No. Book Page
9. The principal points upon which I base may application are
as follows: (must be stated in detail) . ,��, „�,,� /
,-
r=L=GTi� 11214L d G j��'� 1 S 612 rL,r.
=_2
I agree to pay for advertising in newspaper and postage fee for
mailing legal notices to "P in Interes .
(Petitioner' s Signature) d�j�95
Every application for action by the Board shall. be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest” which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning Office
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP PARCEL ILOT INAME JADDRESS
162
ABUTTERS
'MAP PARCEL ILOT NAME ADDRESS
Ct 2 C
7-8 Asn o G
L i
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C!
on !oa r
i
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1
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° o
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8 , _ �;� Pipe
F u - - _0� . e�cb ° - (Held)
n � x 1 RESIDENCEIr°n
ape s _ Point of Begining
NORTH ANDOVER, MASSACHUSETTS
X 156.9 11 % ,,<
16. 16 16`x• 4 I 168.4 100, Wa
X tershed Bu f fe
I�'d .f e o Lawn °
\ 1 �
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\ ISOLATED VEGETATED WETLAND 0
\ 2 o)
N/F 2 2 11 \ x 16 7.8 (�I °
\ , OJ \ ,
Vincente G . Rubin 26 163. x 166.3
Don22 '` 14 CC
na Lee Young V
Ma 63/Block 19 1�'1 01 1 163, Se�tic Covers165 8
p �� 159 6 0 1 6"PVC\ 1
18 ' 1 � �� _ � � {<°� � 6.2
#625 \ ��/ 63.8 R 1 9.7 5
2s, / \0�6 5 _
_ 82 .
158 �ra� 2„RCP 60. 1 3. 5 x 163.8 i _
x j
lhe � _- - 160- V=159.66 ��. x 164.4 N/F
r \� �"'�
/x �o� 164. 10 � ,� -, 162.99��i x 164,2 P
, � 2$ aul M . & Nancy F. Creamer
161 .90 2s 2
Ma
x �6Q 160.8 x 1.8 '1 164.6\ �' 12"12"R/CPP x 162. 63/BI uP�Z 1w>e:
ock14
9 164.48 �I INV161 .9px163.82 30
x 160. GL ASPHALT 1 #675
°gas \ \ DRIVE 16 52 31 \
_ 165.3
X 16 05
X 163.5 / �1 '
3
3
x 163.5166.3 36
x � 4.0
\ 3
166, 19 � 63.3 .
.Edge of Lawry/Brush 7.25 a �� 6"PIPE 3
166 OUTLET ISOLATED VEGETATED WETLAND
X
166.0 82
X00, x 166.4 168. 1455 170- ,� 38
NON 0
e��E I/'V Des x 16 9.5 i � - 1 p
F ND TU I, 4.g.
FR ?p SFT Re,�N 7' 8 SO' 16 8.9
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4 N C ! 70.31\ 3s
het / Nail \
° I a,� Ie 17122
\ _ _ x 170.„ S 1 170. 74
x 164.5
64.5 \16 9. 7 / 15 ` 7 S \ 40
168.4 / 2 \ � °
V \ \
41
\
X167.6 x 171. 1 \ 170.33 p 0, - �\
62.8 \ \ 1\ ST0 E O\ ~ 72.6
1 171
H+T 169.22 WALL WET
\ ev=171 .10 \ �� .59 - \ \ \ \ 4
x 16 0 � \ \ � � 72.9
5 x 168. 7 171. 10 \ 173. 1 ASPHALT \ \ 4
x \ 3 Car � �\
1�3 \ 170.82 \ Garage i DRIVE 0177 \
V 70. k _ 0700'
El tri 76.03 SSI '>r0 X 1 i \ uPL 4
1- O C� 73.° X 17
\ \ 7 •35 B o F �JiF rl�F 'A� 1 2.�
.�. � x 170.9 173
16().0 x . 7 46
i ' � O SOF � S X 11 � ' 7 '
F,p p \
,170,0 \ o
•� Edge of Garden 173. 1 i -�T�.__ 3.88
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COMMUNITY PANEL NUMBER 0005C 0 ",-I
X 163,7 �O�
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WITH EFFECTIVE DATE OF JUNE 2, 1993 \ 5 - ° a' N/F TITLE
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#295 DATE DROWN BY CHECKED BY
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AD 27 Azalea 'Delaware Valley White' _ ___ -- - -------- --- - --
Delaw are Valley White Azalea 24"-30" ht. TOC \ \\_ \
CD 20 Caryopteris clandonensis 'Dark Knight Dark Kni ht Blue S ire p 3' OC `\ \ — — ——\ p,�0' �2�
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- ---=_---= --_ - ;f ------------- August 2008 KA CD
' DRAWING NO.
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