HomeMy WebLinkAboutMiscellaneous - 705 BRADFORD STREET 310 CMR 10.99
Form 2
DEP Fie No.
(To be Drovided by DEP)
..- Commonwealth city,rown North Andover
of Massachusetts o0
A t-cant Robert Brown
_
--�_ Date Aeouev Rea _ April 23, 1998
Bradford Street
POSITIVE Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and Chapter-478 Code of North Andover Wetland Bylaw and Regulations
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To Robert Brown Same
(Name of person making request) _ (Name of property owner)
Address 242 Andover St Andover, MA _ Address Same
This determination is issued and delivered as follows:
❑ by hand delivery to person.making request on /O (date)
by certified mail,return receipt requested on �/l $ k _(date)
Pursuant to the authority of G.L.c. 131 , §413, the North Andover Conservation Cpmmission
has considered your request for aDetermination of Applicability and its supporting docuh3enda00114 a6d has
made the fallowing determination (check whichever is applicable):
Location: Street Address Bradford Street
Lot Number: Map 62 Parcel 23
1. The area described below, which includes all/part of the area described it your request, is an
Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or
altering of that area requires the filing of a Notice of Intent.
Plan entitled "Plan of Land" prepared by Coastal Survey dated Rev. 5/1/98
Wetland Flags WF #1 through WF 50 only.
�• The work described below, which includes alllpart of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There-
fore, said work requires the filing of a.Notice of Intent.
Effective 11/10!89
2.1
3, The work described below, which includes all:part of the work oescribed in your request. is within
the Buffer Zone as defined in the reculations, and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
Z, ❑ The work described in your request is within an Area Subject to Protection Under the Act. but will
not remove, fill, dredge, or after that area.Therefore, said work does not require the filing of a
Notice of Intent.
3. ❑ The work described inyour request is within the Buffer Zone.as defined in the regulations. but will
not alter an Area Subject to Protection Under the Act. Therefore. said work does not require the
filing of a Notice of Intent.
4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemptlon.as specified in the Act and
the regulations no Notice of Intent is required,
Issued by NORTH ANDOVER Conservation Commission
Signature(s)
This Determination must be signed by a majority of the Conservation Commission.
On this 6th day of May 19 98 before me
personally appeared Joseph Lynch, Jr. . to me known to be the
person described in, and who executed. the foregoing instrument, and acknowledged that he:she executed
the same as his/her free act and deed.
Ull
Notary Public My commission'expires
This Determination does not relieve the acottcant from comoty+ng with all other acoticnie tedera! state or local statutes.ordinances.
by-taws or regulations.This Determination shalt be vatic for three years Corm the nate of issuance
The oolrcant,the owner.any person aggrieved by this Detemltnation. any owner of land aburttnd the land upon wntcn the or000sed work
is to be done,or any ten residents at the city or town In wntcn such land is locatec.are nerecy ncuhec of their rtent to reeuest the Deoartment
of Environmental Protection to issue a Superseding Determination of ADohcamitty,providing me recuest is made ov certtlred mad or nand
delivery to the Department.with the aDorgonate filing lee and Fee 7ransmrtai Form as provided in 310 C7dR 10.03(-1)within ten days from
the date of asuance of this Determination.A goy of the request shaft at the same time be sent by cendted marl or nano deuvery to the
Conservation Commission and the applicant.
2.2A
Town of North Andover Planning Bo
12
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Please type or print dearly.
1. Petitioner Robert A. Brown
Address: 242- Andover Street, Andover, ” MA 01810
Telephone number: 978-535-9063 (Jeanette) , 978`-475-1958
2. owners of the Land: Allen Trust (Robert A. Brown)
Address: (same 'as -above)
Telephone number:
Number of years of otvmerslup: 22 Years Lot was created Jan. 1 , 1976 .
If arplicant is not the owner, please state interest in property:
3 b&c
3. Request for a Special Permit under Section 4 . 136 of the North Andover Zoning
Bylawto To construct a single-family dwelling on approximately
5.66 acres of land located on Bradford Street in North Andover.
Property is 'located in the Watershed District of N. 'Andover.
4. Location of Property: Bradford Street , North Andomer
Zoning District: R-I
Assessors: Map: 62 Lot 9: 23
Registry of Deeds: Book#:: 1276 Page #: 188
5. Existing Lot:
Lot Area (Sq.Ft.): 246, 786 Building Height: 35
Street Frontage; 520 ft . Side Setbacks: L-46 ft. , R-319 ft.
Front Setback: 177 f t . Rear Setback: _ 307 f t.
Floor Area Ratio: N/A Lot Coverage:. N/A
6. Proposed Lot (if applicable):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot (as require by Zoning Bylaw):
Lot Area S .Ft.
)� Building g Height:t:
35 ft`.
Street Frontage: 175 f t. Side Setbacks: 30 f t
Front Setback: 30 f t Rear Setback: 30 f t.
Floor Area Ratio: Lot Coverage:
8. Existing Building (if applicable):
Ground Floor(Sq. Ft.); 0 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
9. Proposed Building: ( includes
Ground Floor(Sq. FQ 4,780 garage# of Floors: 2 .5
Total Sq. Ft.: 8,750 Height: 35ft
Use: single - familyType of Construction: Brick/wood
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? -NQ : If so, when and for what type of construction ?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
Ns application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the"applicant from this responsibility. The petitioner
shall be responsible far alt expenses for filing and legal notification. Failure to comply
with application requirements,`as cited herein and in the Planning Board Rules and
reg6lations may result in a dismissal by the Planning Board of this application as
incomplete. r
Petitioner's Signature:
Print or type name here . Robert A. Brown
Owner's Signature: �W ,
Print or type name here: Robert A. Brown
Massachusetts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection—Wed8nds
WPA Form 5 - Order of Conditions for DEP use y
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER CONSERVATION COMMISSION November 20, 1998
Conservation Commission 00
For: The public hearing was closed on:
242-942 December 2, 1998
f}oject File Number We
To:
Robert Brown Title and Date of final Plans and Other Documents:
Applicant Name Entitled "Plan of Land" prepared
242 Andover Street
Mailingaddress by Coastal Survey dated Rev 11/18/98.
Andover, MA 01810
COTown
Slate Lp Code
The project site is located at
North Andover 649hGC)" ST
0ryMap 62 LOt 23
Assessors MWRat f NrcelRa f
and the property is recorded at the Registry of Deeds for:
North Essex 1276 188
County Book Page
Certificate(f mgvered W
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced Notice of Intent Approved subject to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
followingconditions modify or differ from the plans,
IX'Flood Control
fy
Lard Containing Shellfish specifications,or other proposals submitted with the Notice
Fisheries of Intent,these conditions shall control.
Storm Damage Prevention
Prevention of Pollution
Protection of Wildlife Habitat
In......-i ,.c c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
242-942
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may riot go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Ad's interests,and a final on the Land Cam Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not dant any property rights or any [or,VA DEP']"File Number
exclusive privileges;it does not authorize any injury to -01- t�
private property or invasion of private rights. t
Project Fite Mumbo
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, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years,from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed)
Order.
Title: "Plan of Land"
5. This Order may be extended by the issuing authority for Title
one or more periods of up to three years each upon . Rev 11/18/98
application to the issuing authority of least 30 days prior to QaMd
the expiration date of the Order.
T n T)ay -
6. An fill used in connection with this project shall be clean SOW and sramMdby
Any p �
fill. Any fill shall contain no trash,refuse,rubbish,or NACC
onfiieWM
f1......n..F C
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
WPA Form 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. coruwoonLbmr Lwon
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
aril Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and.inspect the area subject to this Omer at standards set firth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. !fame aW mmofnwrwpad law,nyAaw,oradmice
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless
interest or successor in control of the property subject to and until a revised Notice of Intent is submitted which
this Order and to any contractor or other person perform- Provides measures which are adequate to meet these
ing work conditioned by this Order. standards,and a final Order of Conditions is issued.
16.Prior to the start of work,and if the project involves work �Ioomply
at the following additional conditions are necessary to
adjacent to a Bordering Vegetated Wetland,the boundary of with a municipal law,bylaw,or ordinance,spec-
the wetland in the vicinity of the proposed work area shall cally
be marked by wooden stakes or flagging. Once in place, C. 178 of the Code of North Andover
the wetland boundary markers shall serve as the limit of Maim end=m ofnw cipat law,ay/aw,orordim e
work(unless another limit of work line has been noted in
the plans of record)and be maintained until a Certificate of
TheCompliance has been issued by the Conservation Commis- Commission orders that all the work shall be performed
sion. in accordance with the said additional conditions and with
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of intent,the conditions shall control.
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw,or
erosion controls on a daily basis and shall remove
accumulated sediments as needed. The applicant shall ordinance:
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 See attached
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
See attached
Il......o..F c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
MPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4
16th
from the date of issuance.
December 16, 1998 day of
�e December
Month
This Order must be signed by a majority of the conservation ear 1998
commission.The Order must be mailed by certified mail Y
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
Noisywaric
December 11, 2003
My emission evkes
This Order is issued to the applicant as follows:
/e ❑ by hand delivery on
Do
❑ by:€ice mail,3FR&WkY&i§tY6qLYeW,on
December 17, 1998
Dare
APPWIS
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.t..c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate Fling fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L, C. 131, §40 Protection Bylaw.
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 i
ntrmn sha be ubmitted to the
�,�U�
cormwion commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.` __ —
To:
conservation Commission
Please be advised that the Order of Conditions for the project
at
Roject Location D£PFile Member
has been recorded at the Registry of Deeds of
county
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 which identifies this
transaction is
lraumea Number
If registered land,the document number which identifies this
transaction is
Document Number
Signature ofApp(icW
n.,,...c,.s c
Massachusetts Department of Envk mlental hNectfon
Bureau of Resource Protection- Wetlands
DEP WPA Appendix E -Request for Departmental Action Fee TMnsmittal Farm
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Mailing Address
MailingAddress
City/Town
aovTown
Stare Zip Coad
stye Zip Code
Phone Number
Phone Nwber
Fax Number(ifapphWO
FaxNumber(dapplkab4
Project Location: DEP File Number:
St�Address
0VTown
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEP regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicant,if he/she is not the appellant.
DEP FILE#242-942
Therefore, the North Andover Conservation Commission (hereafter the "NACC")
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations,the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all work
shall be performed in accordance with said conditions and with the Notice of
Intent referenced below. To the extent that the following conditions modify or
differ from the plans specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related statutes
and other regulatory measures, shall be deemed cause to revoke or modify this
Order.
19.This Order does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Carder 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 feast thirty
days (30) prior to the expiration date of the Order (Refer to Section Vlll
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword100CV42-942.dm i NACC 12/15/98
DEP.PILE #242-942
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 a single family dwelling within
the Buffer Zone of a Bordering Vegetated Wetland (310 CMR 10.55) in the
Lake Cochichewick Watershed District.
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 A. Brown
DATED 11-20-98
Plans prepared by: Coastal Survey
Entitled "Plan of Land"
Dated REV 11-18-98
29.The following wetland resource areas are affected by the proposed work: Buffer
Zone to Bordering Vegetated Wetland (BVW). These resource areas are
significant to the interests of the Act and Town ByLaw as noted above. These
resource areas are also significant to the recreational and wildlife interests of the
Bylaw. 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. Prior to the issuance
of a Certificate of Compliance, the applicant will submit a plan showing the
C.\Winword\OOC\242-942.doc 2 NACC 12115198
DEP FILE#242-942
site's wetland delineation at a scale identical to the Town wetland map for this
location.
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 sixty foot(601
No-Disturbance Zane(note the dwelling itself is greater than IW from the
edge of the BVW and thus outside the Buffer 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 1110
&Appendix G of the local Regulations).
32.There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter
the post development watershed boundaries as currently depicted in the Notice
of Intent and approved by this Order of Conditions, unless specifically approved
in writing by the Commission.
33.This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
34.The owners of the project and their successors in title, in the event they proceed
to alter areas subject to the Commission's jurisdiction under the order, agree
that the Order does not in itself impose upon the Town any responsibility to
maintain the proposed drainage system and that said Town shall not be liable
for any damage in the event of failure. By acceptance of this Order, the owners
agree to indemnify and hold harmless to the Town and its residents for any
damage attributable to alterations undertaken on this property pursuant to the
Order. Issuance of these Conditions does not in any way imply or certify that
the site or downstream areas will not be subject to flooding, storm damage or
any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the
Town.
35.Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other
form of water damage.
CAWinword10001242-942.doc 3 NACC 12115/98
DEP FILE#242 -942
PRIOR TO CONSTRUCTION
36.No work shall be undertaken until all administrative appeal periods from this
Order have elapsed or, if such an appeal has been filed, until all proceedings
before the Department or Court have been completed.
37.This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of Deeds or
the Land Court for the district in which the land is located,within the chain of
title of the affected property. in the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of
the land upon which the proposed work is to be done. In the case of registered
land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The
recording information shall be submitted to the North Andover Conservation
Commission on the form at the end of this Order prig 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.
38.A sign shall be displayed at the site not less than two ware feet or more than
three square feet in size bearing the words"Massachusetts Department of
Environmental Protection, file Number 242-942.11
39.Any changes in the submitted pians caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. if the NACC finds said changes to
be significant, the NACC will call for another public hearing (at the expense of
the applicant). Within 21 days of the close of said public hearing the NACC will
issue an amended or new Order of Conditions. Any errors found in the plans or
information submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or state boards or
agencies. This may result in changes to the project plans or wetland impacts. If
any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of
construction. No work shall begin on a project until written approval has been
granted by the NACC.
40.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that
all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of conduction.
CAWinwordk000242-942.doc 4 NACC 12115/98
DEP FILE#242-942
41.Prior to any work on-site the applicant shall submit to the NACC for approval a
sequencing plan for construction and erosion and sedimentation control with
supporting plans and details as appropriate. 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,
and revegetation to be completed before other work begins on-site.
42.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing 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 tine at any
time. All flags used for the above purposes shall be of a color different from
other flagging used on the site.
43.A row of staked hay bales backed by trenched siltation fence shat l be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion
control measures may be required in areas not shown on the plan(s) referenced
in this Order of Conditions. Should such installation be required by the NACC,
they shall be installed within 48 hours of the Commission's request.
44.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling,a minimum of thirty(30)flay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used only
for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
45.A check payable to the Town of North Andover shall be provided in the
amount of $3,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer,and the NACC,and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
C:1Winword\00C1242-942.doc 5 NACC 12/15/98
DEP FILE#242-942
hereof, shall be signed by a party or parties satisfactory to the NACC, and Town
Counsel, and shall be released after completion of the project, provided that
provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a
monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under the
authority of the local ByLaw.
46.The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party, subject to
said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed
under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each
and every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at
least five(5)business days prior to the closing of said land transaction.
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.IMPORTANT: immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site,the applicant
shall complete a plan prepared by a Registered Professional Land Surveyor
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said pian
shall be submitted to the Conservation Administrator for approval.
CAWinword\00C\242-942.doc 6 NACC 12/15198
DEP FILE#242-942
49.Prior to construction, the applicant shall permanently mark the edge of the 1160,
No-Disturbance Zone's with signs or markers spaced evenly on every other
pole associated with the approved split rail fence incorporating the following
text: Protected Wetland Resource Area". This will designate their sensitivity
and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The
applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant.
50.Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next period. This will update the
construction sequence.
51.The sewer lines on the site,where they cross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW standards.
52-Any fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire ,lath , paper, cardboard, pipe,tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
53.No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
54.No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
55.There shall be no stockpiling of soil or other materials within sixty feet (60`)of
any resource area.
56.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be loamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines. All
disturbed areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to their original
grade, soil profile and vegetative cover. Soil used for this purpose will either be
wetlands topsoil or a minimum of 4"of quality loam.
57.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
CAWinword10001 A2-942.doc 7 NACC 12/15/98
DEP FILE#242-942
58.AI I waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain dumpsters
(or other suitable means) at the site for the storage and removal of such spent
construction materials off-site. However, no trash dunipsters will be allowed
within 50, of areas subject to protection under the Act or local ByLaw.
59.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
60.During and after work on this project, there shall be no discharge or spillage of
fuel, or other pollutants into any wetland resource area. If there is a spill or
discharge of any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No construction vehicles
are to be stored within 100 feet of wetland resource areas, and no vehicle
refueling, equipment lubrication, or maintenance is to be done within 100 feet
of a resource area.
JAFT;I;R CONSTRUCTION
61.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.
62.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
63.Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. if the
latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
CAWinword\000242-942.doc $ NACC 12/15198
DEP FILE#242-942
64.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. MADEP 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 have read and understood the 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
Registered Professional Land Surveyor of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and
documents referenced above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of
the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet of
any wetland resource area.
➢ "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone which is regulated as a wetland under the local wetland
bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, and approved decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes any disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
CAWinword\00C\242-942.doc 9 NACC 12/15/98
DEP FILE#242-942
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 DEP# 242-942. Future
work within 100' of existing wetland resource areas will require a
separate filing with the NACC (refer to Section Xl (page 18) of the
Regulations for performance standards within these zones) The
Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition #60);
➢ Prohibition of underground fuels (Condition #61);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions#62).
➢ The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
c:NWinword\0001242-942.doc 10 NACC 12/15/98
DEP FILE#242 -942
APPENDIX F -COMPLIANCE CERTIFICATION FORM
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCKI
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Omer of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
( EP file#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winwmd\0M242-942.doc 1 i NACC 12/15/99
NOR HNANbOVER
MAY 34
Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
a 4a Ando uerSfreed-
Applicant 'KDhP,4 R.,town Address Andover^, 1Y114 a/8(0
RLLen _'r ,.-,} Tel . No. 9?�-535-90103
978 -y2g- t9y8
1 . Application is hereby made :
a) For a variance from the requirements -of Section J6
Paragraph a and Table �_ of the Zoning Bylaws .
b) For a special Permit under Section Paragraph
of the Zoning Bylaws .
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land and building(s)
numbered �n�Q-ATG( s(y� Street .
b) Premises affected are property with frontage on the
NR rth ( ) South ( ) East ( ) West (P,� side of
�JPStreet .
Street , and known as No.
Street .
c) Premises affected are in Zoning District, and the
premises affected have an area of square feet
and frontage of . b. (o feet .
5 of 8
Rev. 06 . 05 . 96
3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names) :
t�a�l'-� A. Mown , a�� ny� Sf . I�iac ^,�lf� al$la
Date of Purchase 191D Previous Owner NCLLe- t&-Zui'e &)
b) 1 . If applicant is not owner, check his/her interest
in the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
�s,� �- n���y
4 . Size of proposed building: ?w frontfeet deep;
V,POLc
Height _� stories; 3� feet .
a) Approximate date of erection: c-�&Amn
b) Occupancy or use of each f loor:
c) Type of construction: '0'� �
5 . Has there been a previous appeal, under zoning, on these
premises? ND If so, when?
6 . Description of relief sought on this petition
.S&-c 6-1fc r.Aed
7 . Deed recorded in the Registry of Deeds in Book OIA26 Page oi-BB
Land Court Certificate No. Book - Page
The principal points upon which I base my application are as
follows : (must be stated in detail)
ee -4- -0kaj -
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
AI
Signature of Petitioner (s)
6 of 8
Rev. 06 . 05 . 96
Town of North Andover
Zoning Board of Appeals
Application
Robert A. Brown
Page 6 of 8 Question #6
Relief is sought to construct a driveway within seventy-five feet from the
wetlands.
Relief is also sought to subdivide the land into two buildable lots with
each home being constructed within 150 feet from the wetlands but at
least 100 feet from the wetlands.
Page 6 of 8 Question # 7
I am requesting relief, as stated above, because prior to the change in
setback requirements of land located within the Watershed District my
land would qualify for two lots. Therefore, I am of the opinion
that this change caused a severe hardship.
DESCRIPTION OF VARIANCE REQUESTED
ZONING ' DISTRICT: /QES1DENCE
Required Setback Existing Setback Relief
or Area or Area Requested
LotDimension g8� f/a t `C.o7-.S
AreaN4WE"
87, J ad 5.F /S$, 47.5
Street Frontage 175' ZO7- ,�
t /Vd.tlC
Front Setback
30 ' CL-OT ,-9)
Side Setback(s)
3 a C�o7- 16) ,vovE
30' 3at � Lor 14)
Rear Setback
_ 330� C 1,07 43)
30'
Special Permit Request: To C0A157ROG7- IQ A0U/4E4l-/A/6-$ 00'76119E
-o4= THE Sao .6IJAC L-R 6 v7' 4d 7"A6eV 7,"4' /50 �/�t1dC'�C.&"-4?
edAl-5 TRuG7 / 40121 t/4 S_W14y_ _ W/7-11MN T.fr�E"__75'' .G3U/�F�R..
7 of S
Rev 06 . 03 . 96
� _
�,tz
PAR-OWNER-AW
PARCEL-ID PAR-OWNER-HAME-i PAR-OWNER-NAME-2
-------------------------;,: --------------------------- ----------------------------------------
--------------------- -------------
2101090.0-0023-000i.0 YAMEEN. THOMAS k 1401A GREAT POND ROAD U-1
9 ;
} 210/090.C-0023-0002.0 CAMPBELL. LINDA D 1401 GREAT POND ROAD #2
210/090.C-0023-00033-.0 REILLY. JOHN V 14010 GREAT POND ROAD U-3
i401D GREAT POND ROAD U-4
210/090.0-0023-0004.0 SULLIVAN. RUTH C
1401E GREAT POND ROAD U-15210109G.C-0023-6605.6 FIORE. LILLIAN M
2101090.0-0023-0006.0 DELUCA. ALANE SULLIVAN ANGELO DELUCA 1401 GREAT POND ROAD #ti
14416 GREAT POND ROAD U-f
2101090.0-0023-0007.0 WOOD, NANCY M
( 210i090.C-0023-0008.0 GORGONI. JAMES L OR JUDITH MANGAN 1401 GREAT POND ROAD #B
2101090.C-0023-0009.0 DILLINGER. LINDA M 1401 GREAT POND ROAD #9
2101090.0-0023-0616.0 MCALEER. JOHN J 14011 GREAT POND ROAD U-:
210/090.0-0023-0011.0 COMINS. THISBE G 1401140IN L GREAT POND ROAD U-
GREAT POND ROAD U-:
210i090,C-0023-0012.0 VANDERWALLE. ROSE
210f090.C-0023-0013.0 MERRIFIELD. LIANNE H 1401N GREAT POND ROAD U-
210i090.0-0023-0014.0 GRIFFIN. MARY J 1461 GREAT POND ROAD U-1
401N GREAT POND ROAD U-
210/U9G.C -0023-0015.0 DOTE. LEON A 1
1401P GREAT POND ROAD
210i090.C-0023-0016.0 MC CLONE. HOLLY P OR FRANCIS GURRIE
�- 2101090.,"-0023-0017.0 FIORI. JOSEPH S LILLIAN M FIORI 14019 GREAT POND ROAD U-
210i090.C-0023-0018.0 BASILICATO. NANCY i401R GREAT POND ROAD
TOWN OF NORTH ANDOVER
LIST OF PARTIES OF INTEREST: PAGE OF
SUBJECT PROPERTY
MAP PAR # NAME
ADDRESS
ABUTTER
S:
�2
1141,<
d
C
I
� ` N
A
/)y
j
-
CERT. BY :
DATE: 5
AORTH 1
OEttio ,6 .�.
3? a° OO
O16.
LO
JOYCE 8 P,4
, F
TOWN CLEi,'K
1SS�CHuNORTH ANDOVER
TOWN OF NORTH ANDOVER
1!j� ZT I , "
MASSACHUSETTS ,,
BOARD OF APPEALS
Any appeed be file!
wig(20}4m atter the
CWS of filing of this notice
in the once of the Town Cleric. NOTICE OF DEC4SM M
AO
PROPERTY: Bradwd St. ?as
NAME:Robert A. Brom Tri ELATE: Tff
ADDRESS: 242 Andover St PETITION: 01
Andover, MA 01810 HEARING: GWN&711
The Board of Appeals held a regular meeting on Tuesday evening the 14th of,tuly, upon the
application of Robert A. Broom(Allen Trtwh 242 Andover,St.,Andover,MA.,requesting a
Variance for premises located at Bradrwd Sl.,Noft Andover, MA., from the requirements
of Section 4.136, Paragraph 2, of Table 1, to consttct a ddvev q within seventy-five,feet from
the wetlands, and to subdivide the land into two buildable Iots with each home being
constructed Within 150 feet from the wetlands,Within the R-1 Zoning District.
The following members were present: VVffilam J. Sullivan, Walter F. Soule, Robert Ford, Ellen
McIntyre.
The hearing was advertised in the Lawrence Tribune on 5/26M&&2M and all abutters were
notified by regular mail.
Upon a motion made by Walter F. Soule aril seconded by Robert Ford, the ward of Appeals
unanimously voted to allow the ancfor the petitiornes reprew 1ve to
withdraw the petitionwithoutprokidiCe. Voting in favor; William J. Sullivan Walter F.
Soule, Robert Ford, Ellen McIntyre.
BOAR}OF APPEALS
r
William J. ran,Chairman
/de�8 Zoning Bf Appeals
Town of North Andover of NORTH
4 OFFICE OF : ,•'"° °•�°
°
c
COMMUNITY DEVELOPMENT AND SERVICES A
30 School Street
North Andover,Massachusetts 01845 ��s•,..o.o��g
WILLIAM J. SC s sE
OTT
A�NU
Director
NOTICE OF DECISION
Any appeal shall be filled ' C
within (20) days after the C%r
date of filling this Notice rn;
in the Office of the Town '
Clerk.
r-
Date October 22 1998
Date of Hearing October 6, 199iW
October 20, 1998
Petition of Robert A. Brown
Premises affected Bradford Street
Referring to the above petition for a special permit from the
requirements of the North Andover zoning Bylaw Section 4.136 3b&c
so as to allow to construct a single family dwelling on approximatley
5.66 acres of land located on Bradford Street in North Andover. Property
is located in the Watershed District of North Andover.
After a public hearing given on the above date, the Planning Board
voted to APPROVE the Watershed special permit
based upon the following conditions:
Signed
• ' aQ
CC: Director of Public Works Richard S.Rowen, Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau• V. Chairman
Health Sanitarian
Assessors John Simons, Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Joseph V. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535
*BUILDINGOFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)688-9541 0 *146 MAIN STREET
Town of North Andover F NORTIy 1
OFFICE OF ?O`St`ED 6.6�OOL
COMMUNITY DEVELOPMENT AND SERVICES
x
27 Charles Street
North Andover,Massachusetts 01845 �9ssgcNusE��
WILLIAM J. SCOTT
Director
(978)688-9531 Fax(978)688-9542
October 22, 1998
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit-Bradford Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening October 6, 1998 at
7:30 p.m. in the Senior Center, upon the application of Robert A. Brown, 242 Andover Street,
Andover, MA 01810 requesting a special permit under Section 4.136 3 b & c, watershed
protection district of the North Andover Zoning Bylaw. The legal notice was properly advertised
in the North Andover Citizen on September 16 & September 23, 1998 and all parties of interest
were duly notified. The following members were present: Richard Rowen, Chairman, John
Simon, Clerk, Joseph V. Mahoney, and Alberto Angles, Associate Member.
The petitioner was requesting a special permit to obtain approval to construct a single family
dwelling on approximately 5.66 acres of land located on Bradford Street in North Andover.
The premises affected in the Residential - 1 (R-1)Zoning District and the Watershed Protection
District.
Dom Scalise was present to represent Bradford Street. Mr. Mahoney stated that he has potential
conflict and asked Mr. Brown if he would like him to excuse himself out of the Public Hearing.
Mr. Brown stated that he did not mind if he stayed. Mr. Scalise stated that this is a one lot parcel
that consists of 5.6 acres. Mr. Scalise stated that they have had a number of meetings with the
Town and this plan before the Board is the end result. Mr. Scalise stated that they have also
brought a botanist if the Board had any questions. Ms. Colwell stated that there are a couple of
comments from John Chessia. Mr. Rowen asked if they have met all the requirements for a
complete submittal. Ms. Colwell stated that they did and that this project has had a lot of staff
review. Mr. Rowen asked if the lot next to it going to tie into the forced main. Jeannette Heinze
stated that everyone is on sewer there, they are just adding Mr. Brown's property. Ms. Colwell
stated that Mr. Chessia s comments need to be addressed. Ms. Heinze stated that she never
received a copy of Mr. Chessia's letter. Ms. Colwell stated that they did a good job and spent a
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
significant amount of time with them. Ms. Colwell stated that we did have an incomplete file and
then they re-submitted and this is a complete file. Mr. Rowen questioned the trenches on each
side of the driveway. Jim O'Day stated that they should hold up to a 100 year flood and after 24
hours it will infiltrate into the soil. Mr. O'Day went over the plans with the Board. Ms. Colwell
stated that she would like to keep the Public Hearing open until the next meeting so they can
address Mr. Chessia's comments. Ms. Colwell stated that she will have a draft decision for the
next meeting.
Continued until October 20, 1998.
The North Andover Planning Board held a regular meeting on October 20, 1998. The following
members were present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Joseph V.
Mahoney& Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was
also present.
Ms. Colwell stated that she received a fax from John Chessia stating that everything was all set.
Ms. Colwell stated that this project shows that it is feasible and acceptable to do one lot on 5
acres. Ms. Colwell stated that there were a couple of drainage issues from the last meeting that
have been addressed. The Board went over the draft decision. Mr. Simons questioned the limit
of clearing . Ms. Colwell stated that she brought that up at the last meeting and none of the
Board members seem to have any concerns.
On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted unanimously to close
the Public Hearing.
On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted 4-2 to approve the
watershed special permit known as Bradford Street. Mr. Angles voted as an Associate member
because there was an insufficient number of regular Planning Board members to vote on this
application. Mr. Nardella and Ms. Lescarbeau abstained because they were not at the last
meeting.
Attached are the conditions.
Sincerely,
Richard S. Rowen, Chairman
North Andover Planning Board
Bradford Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Robert A. Brown,
242 Andover Street, Andover, MA 01810, dated. September 8, 1998, requesting a Special. Permit
under Section 4.136 of the Zoning by-law to allow grading and vegetation removal within the Non-
Disturbance
onDisturbance Zone and surface and sub-surface discharge of storm water within the Non-Discharge
Zone of the Watershed Protection in conjunction with the construction of a single family home and
driveway.
FINDINGS OF FACT:
In accordance with 4.136(4) the Planning Board makes the finding that the intent of the Bylaw, as
well as its specific criteria,are met. Specifically the Planning Board.finds:
1. That as a result of the proposed construction in conjunction with other uses nearby, there
will not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases its findings on the following facts:
a) The proposed dwelling will be connected to the Town sewer system;
b) A post and rail fence will be installed along the limit lawn which is 60' from the
edge of the wetland resource are at its closest point. No disturbance of the natural
vegetation will occur within 60' of the edge of the wetland resource area.
c) A 1000 SF leach bed for the roof drains and approximately 520 feet of leaching
trench along both sides of the driveway will be constructed to accommodate the
storm water run off from the site.
d) A covenant will be placed in the deed limiting the types of fertilizers that can be
used on the site.
2. that there is no reasonable alternative location outside the Non-Discharge Buffer Zone for
any discharge, structure or activity, associated with the proposed project as the access to the
lot is located within the Non-Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes
the following findings:
A. The specific site is an appropriate location for the proposed use as all feasible storm waxer and
erosion controls have been placed on the site;
1
B. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
D. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
E. The Planning Board also makes a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1. This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision;
a) Plan titled: Plan of Land
Location North Andover,MA
Prepared for: Robert A.Brown
Prepared by: Coastal Survey
130 Centre St
Danvers,MA
Scale: 1"=40'
Date: July 27, 1998,rev. 10/13/98
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.
1) Prior to any work on site:
a) A performance guarantee of two thousand ($2,000) dollars in the form of a check
made out to the Town of North Andover must be posted to insure that construction
will take place in accordance with the plans and the conditions of'this decision and
to ensure that the as-built plans will be submitted.
b) The final plans must be reviewed and approved by the Town's engineering
consultant to confirm that cellar floor elevation and foundation drain elevation are
above the ground water elevation of 163.75.
b) The limit of work as shown on the plan must be marked in the field with yellow
2
caution tape and must be reviewed and approved by the Town Planner.
C) All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner.
d) The site shall have received all necessary permits and approvals from the North
Andover Conservation Commission, Board of Health, and the Department of Public
Works and be in compliance with the above permits and approvals.
e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the
Division of Public Works.
1. Foundation Plan: Immediately upon completion of the dwelling foundation and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts
the foundation location and its proximity to wetland resource areas as shown on the
approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for
review to verify that the setback limits under the special permit have been met.
2. Prior to release of the Performance Bond:
a) No pesticides, fertilizers, or chemicals shall be used in lawn care or maintenance.
The applicant shall incorporate this condition as a deed restriction; a copy of the
deed shall be submitted to the Planning Board and included in the file.
b) The applicant shall submit an as-built plann stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including sewer lines, storm
water mitigation trenches and other pertinent site features. This as-built plan shall be
submitted to the Town Planner for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the
approved plan.
c) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
2. In no instance shall the applicant's proposed construction be allowed to further impact the
site than as proposed on the plan referenced in Condition# 1.
3. No vegetation removal or grade changes may occur between the edge of the wetland
resource area and the wood rail fence as shown on the approved plan.
4. No open burning shall be done except as is permitted during burning season under the Fire
3
Department regulations.
5. The Contractor shall contact Di Safe at least 72 hours prior to commencing excavation.
Dig P g
6. The provisions of this conditional approval shall apply to and be binding upon the applicant,
it's employees and all successors and assigns in interest or control.
7. This permit shall be deemed to have lapsed after a two- (2) year period from the date
io
-r, on which the Special Permit was granted unless substantial use or construction
fias ommenced.
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Bradford St -Watershed
4
Town of North Andover NORTH
OFFICE OF RECEIVED
COMMUNITY DEVELOPMENT AND SERVIdXE BRAD ,
WN CLE
27 Charles Street NORTH AND
WILLIAM J. SCOTT North Andover,Massachusetts 01845 2000 AUG b P
Director
(978)688-9531 Fax(978)688-9542
SM al Permit Extension
At a regularly scheduled meeting of the Planning Board,duly posted., and held on
_August 15, 2000 ,the North Andover Pig Board voted unanimously to
grant the extension of the Special Permit issued to_Robert Brown and then purchased by
Rex and Christiana Melton, for the construction of a single family home located on
Bradford Street dated,October 22, 1998.
This extension is granted pursuant to Massachusetts General Law,Chapter 40A,
Section 9, and will extend the above referenced Special Permit for a period of one(1)
year. This permit is now due to expire on October 22,2001.
Signed as a sealed instrument this 16 day of August,2000.
North Andover Planning Board
Planning Board Chairman
Commonwealth of Massachusetts
Essex, ss 6f!S ,20�QD
Then personally appeared Chairman of the North Andover Planning Board,and
acknowledged the foregoing instrument to be the free act and deed of the North Andover
Planning Board before me. =
?1aryPublic
My Commission Expires: G Z o Ul
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover Ta
O ��aD*a e�•00m70
Office of the Planning Department
Community Development and Services Division
27 Charles Street
DRATiD �
North Andover, Massachusetts 01845 'Sagc„USEi
Heidi Griffin Telephone(978)688-
9535
Planning iret:�tc��
Fax(978)688-9542
I�
Special Permit Extension
At a regularly scheduled meeting of the Planning Board, duly posted, and held on
October 16, 2001,the North Andover Planning Board voted unanimously to grant the
extension of the Special Permit issued to Robert Brown and then purchased by Rex and
Christiana Melton, for the construction of a single family home located on Bradford
Street dated, October 22, 1998.
This extension is granted pursuant to Massachusetts General Law, Chapter 40A,
Section 9, and will extend the above referenced Special Permit for a period of one-year.
This permit is now due to expire on October 22,2002.
Signed as a sealed instrument this 19''day of October 2001.
North Andover Planning Board
CD C--
PWmirtg'$oard Chairman o o
o 4 AMM
=WC-
C:)
WC
or`'1a
0
N
130ARD OF AI'PIiAL.S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Rex & Christina Melton
computer, use Name
only the tab
key to move PO Box 926
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
k 2. Property Owner(if different):
Name
ietwn
Mailing Address
City/Town StateZip Code
B. Finding Information
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
12/16/98 F
Date
for work at:
Bradford st. 62 lot 23
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex 1276 188
County Book Page
Certificate(if registered land)
is hereby extended until:
12/16/2002
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
North Andover
Conservation Commission
wpaformTdoc•rev.12/15/00 Page 1 of 3
Massachusetts Department of Environmental Protection
- DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions
L11 242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a
copy sent to the applican the appropriate DEP Regional Office (see Appendix A).
Signatures:
i
On Of
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed. LINDA I)IA a e as
Notary Public
commonwealth of Massachusetts
Notary Pu lic My C missi 4,20 88
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpaformTdoc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation (cont.)
To:
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Project Location DEP File Number
has been recorded at the Registry of Deed of:
County
for:
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaformTdoc•rev.12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix A — DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax NewBedrord Rochester WellFleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform7.doc•Appendix A•rev.10/16/01 Page 1 of 1
Massadwsetts Deparanent of Environmental Protection DEP File Number
Bureau of Resource Protection- Wetlands
242-942
WA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER CONSERVATION COMMISSION November 20, 1998
Conservation commission pate
For: The public hearing was closed on:
242-942 December 2, 1998
Flvfea File MumbT we
To:
Robert Brown Title and Date of final Plans and Other Documents:
AppbcantName Entitled "Plan of Land" prepared
242 Andover Street
Mailingmdress by Coastal Survey dated Rev 11/18/98.
Andover, MA 01810
CKy/fown
Stare 6P code
The project site is located at.
North Andover
CrryTO-
Map 62 LOt 23
&SassorsMappatf Pazei/Lorl
and the property is recorded at the Registry of Deeds for:
North Essex 1276 188
County Book ftle
Cenifiiate(rfnPlerw lao
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced Notice of Indent Approved subject to:
and based on the information provided in this application and
presented at the public haring,this commission finds that the the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
Flood Control following conditions modify or differ from the plans,
Land Containing Shellfish specifications,or other proposals submitted with the Notice
Fisheries of intent,these conditions shall control
Storm Damage Prevention
Prevention of Pollution
Protection of Wildlife Habitat
Massachusetts Department of Environmentai Protection
Bureau of Resource Protection- Wetlands
242-942
A Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
'
Findings (cont.)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may riot go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Act's interests,and a final on the land Court Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any [or, "MA DEP"] "File Number
exclusive privileges;it does not authorize any injury to2��,
private property or invasion of private rights.
Project File Number
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, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department.
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years, from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
Title: "Plan of Land"
5. This Order may be extended by the issuing authority for Title
one or more periods of up to three years each upon Rev 11/18/98
application to the issuing authority at least 30 days prior to Dated
the expiration date of the Order. ,
T O T)a y
6. Any fil l used in connection with this project shall be clean signed and stamped by
fill. Any fill shall contain no trash,refuse,rubbish,or NACC
On file with
n �..tc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation
Commission in writing whether the change is significant NORTH ANDOVER
enough to require the filing of a new Notice of Intent. corse monammsvon
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and.inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. Name and dr"n ofm twpallaw,bylaw,oradimnre
Therefore,work on this project may not go forward unless
15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Order.
16.Prior to the start of work,and if the project involves work that the following additional conditions are necessary to
adjacent to a Bordering Vegetated Wetland,the boundary of comply with a municipal law,bylaw,or ordinance,specifi-
the wetland in the vicinity of the proposed work area shall cally
be marked by wooden stakes or flagging. Once in place, C. 178 of the Code of North Andover
the wetland boundary markers shall serve as the limit of Name and ararvndwrwpallaw,bylaw,oradlmnm
work(unless another limit of work line has been noted in
the plans of record)and be maintained until a Certificate of
• Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed
in accordance with the said additional conditions and with
sion.
the Notice of intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of intent the conditions shall control 3
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw,or
erosion controls on a daily basis and shall remove
accumulated sediments as needed. The applicant shall ordinance:
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 See attached
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
See attached
n......o.,Fc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings ('cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 16th
from the date of issuance.
December 16, 1998 day of
Date December
Month
This Order must be signed by a majority of the conservation ear 1998
commission.The Order must be mailed by certified mail v
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
i
NotayPuWic
December 11, 2003
Mycomrmswnam-es
This Order is issued to the applicant as follows:
x
�o ❑ by hand delivery on
All
Date
❑ by�R�mail," Wr�iOi M,on
December 17, 1998 i
Date
Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located, are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form, as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant, `
if helshe is not the appellant.`
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-942
MR Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
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 rioted 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
recordinginf raw sha beiubmitted to the
bv-
Comer w ivn comasslon
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
------------------------ -- ---—————————
1
To:
C00"lon CommIZIon
Please be advised that the Order of Conditions for the project
at
Proyerx Location DEP file Number k
has been recorded at the Registry of Deeds of
county
and has been noted in the chain of title of the affected property
in t
Book
Page
in accordance with the Order of Conditions issued on
Date
If recorded land,the instrument number which identifies this
transaction is
I=ument Number
If registered land,the document number which identifies this
transaction is
DWJ17W u Number'
Signature o(Appiicafl
n......c„s c ..
Massachusetts aeparawat of Enviromwntat Protection
Bureau of Resource Protecdon Wetlands
A-Appendix E -Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c.- 131, §40 Protection Bylaw.
Please type or
print clearly all FAN Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Mailing Address
MatlingAddress
City/T_
City/TO-
Ra rip code
state Zip Code
Phone Number
Pham Numbs'
fax Number#fappliable)
Fax Number(f applicable)
Project Location: DEP File Number:
S1r�Address
t
r
i
t
CIVT—
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extern that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the I
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to:
3. Send a copyof this form and a copyof the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEA regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicant,if he/she is not the appellant.
DEP FILE #242- 942
Therefore, the North Andover Conservation Commission (hereafter the "NACC")
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all work
shall be performed in accordance with said conditions and with the Notice of
Intent referenced below. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related statutes
and other regulatory measures, shall be deemed cause to revoke or modify this
Order.
19.This Order does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Order of Conditions, the Act (310 CMR 10.00), the North
Andover Wetland ByLaw and Regulations, and may require any information,
measurements, photographs, observations, and/or materials, or may require the
submittal of any data or information deemed necessary by the NACC for that
evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of
Conditions. Work shall not resume until the NACC is satisfied that the work
will comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,
by-laws or regulations.
21 .The work authorized hereunder shall be completed within three years from the
date of this order.
22.This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section Vlll
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword\000\242-942.doc 1 NACC 12/15/98
DEP FILE #242 -942
.Th
23 e NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if dans or circumstances are changed or if new
p g
g p
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 a single family dwelling within
the Buffer Zone of a Bordering Vegetated Wetland (310 CMR 10.55) in the
Lake Cochichewick Watershed District.
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 A. Brown
DATED 11-20-98
d
Plans prepared by:. Coastal Survey
Entitled "Plan of Land"
Dated REV 11-18-98
29.The following wetland resource areas are affected by the proposed work: Buffer
Zone to Bordering Vegetated Wetland (BVW). These resource areas are
significant to the interests of the Act and Town ByLaw as noted above. These
resource areas are also significant to the recreational and wildlife interests of the
ByLaw. 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
g
on the site as shown on the plans dated referenced herein. Prior to the issuance
of a Certificate of Compliance, the applicant will submit a plan showing the
CAWinword\00C242-942.doc 2 NACC 12/15/98
DEP FILE#242 - 942
site's wetland delineation at a scale identical to the Town wetland map for this
location.
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 sixty foot (50
No-Disturbance Zone (note the dwelling itself is greater than 100' from the
edge of the BVW and thus outside the Buffer 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 111(D)
&Appendix G of the local Regulations).
32.There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter
the post development watershed boundaries as currently depicted in the Notice
of Intent and approved by this Order of Conditions, unless specifically approved
in writing by the Commission.
33.This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors,and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
34.The owners of the project and their successors in title, in the event they proceed
to alter areas subject to the Commission's jurisdiction under the order, agree
that the Order does not in itself impose upon the Town any responsibility to
maintain the proposed drainage system and that said Town shall not be liable
for any damage in the event of failure. By acceptance of this Order, the owners
agree to indemnify and hold harmless to the Town and its residents for any
damage attributable to alterations undertaken on this property pursuant to the
Order. Issuance of these Conditions does not in any way imply or certify that
the site or downstream areas will not be subject to flooding, storm damage or
any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the
Town.
35.Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other
form of water damage.
C:\Winword\00C\242-942.doc 3 NACC 12/15/98
DEP FILE#242 -942
PRIOR TO CONSTRUCTION
36.No work shall be undertaken until all administrative appeal periods from this
Order have elapsed or, if such an appeal has been filed, until all proceedings
before the Department or Court have been completed.
37.This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of Deeds or
the Land Court for the district in which the land is located, within the chain of
title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor index under the name of the owner of
the land upon which the proposed work is to be done. In the case of registered
land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The
recording information shall be submitted to the North Andover Conservation
Commission on the form at the end of this Order prior to commencement of
the work. Any Order not recorded by the applicant before work commences
may be recorded by the NACC at the applicant's expense.
t
s
38.A sign shall be displayed at the site not less than two square feet or more than
three square feet in size bearing the words "Massachusetts Department of
Environmental Protection, File Number 242-942."
39.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to
be significant, the NACC will call for another public hearing (at the expense of
the applicant). Within 21 days of the close of said public hearing the NACC will F
issue an amended or new Order of Conditions. Any errors found in the plans or
information submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or state boards or
agencies. This may result in changes to the project plans or wetland impacts. If
any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of
construction. No work shall begin on a project until written approval has been
granted by the NACC.
40.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that
all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of construction.
C:\Winword\OOC\242-942.doc 4 NACC 12/15/98
DEP FILE# 242 - 942
41.Prior to any work on-site the applicant shall submit to the NACC for approval a
sequencing plan for construction and erosion and sedimentation control with
supporting plans and details as appropriate. 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,
and revegetation to be completed before other work begins on-site.
42.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing 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.
43.A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion
control measures may be required in areas not shown on the plan(s) referenced
in this Order of Conditions. Should such installation be required by the NACC,
they shall be installed within 48 hours of the Commission's request.
44.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of thirty(30)hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used only
for the control of emergency erosion problems and shall not be used for the
normal control of erosion_
45.A check payable to the Town of North Andover shall be provided in the
amount of $3,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
CAWinword\00C\242-942.doc 5 NACC 12/15198
DEP FILE # 242 -942
hereof, shall be signed by a party or parties satisfactory to the NACC, and Town
Counsel, and shall be released after completion of the project, provided that
provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a
monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under the
authority of the local ByLaw.
46.The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party, subject to
said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed
under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each
and every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at
least five (5) business days prior to the closing of said land transaction.
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 l
hired to coordinate construction and to ensure compliance with this Order. A I
reasonable period of time shall be provided as notice of the pre-construction
meeting (e.g. 72 hours).
DURING CONSTRUCTION ME
48. IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant
shall complete a plan prepared by a Registered Professional Land Surveyor
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan
shall be submitted to the Conservation Administrator for approval.
CAWinword\00C\242-942.doc 6 NACC 12/15/98
DEP FILE #242-942
49.Prior to construction, the applicant shall permanently mark the edge of the "60'
No-Disturbance Zone" with signs or markers spaced evenly on every other
Pole associated with the approved split rail fence incorporating the following
g
text: "Protected Wetland Resource Area . This will designate their sensitivity
and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The
applicant shall instruct all agents to explain these markers to
buyers/lesseesilandscapers and all persons taking over the property from the
applicant.
50.Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next period. This will update the
construction sequence.
51.The sewer I i nes on the site, where they cross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW standards.
52.Any fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
53.No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
54.No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
55.There shall be no stockpiling of soil or other materials within sixty feet (60') of
any resource area.
56.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be loamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines. All
disturbed areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to their original
grade, soil profile and vegetative cover. Soil used for this purpose will either be
wetlands topsoil or a minimum of 4" of quality loam.
57.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
CAWinword\OOC\242-942.doc 7 NACC 12/15/98
• DEP FILE # 242 -942
58.AII 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.
59.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
60.During and after work on this project, there shall be no discharge or spillage of
fuel, or other pollutants into any wetland resource area. If there is a spill or
discharge of any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No construction vehicles
are to be stored within 100 feet of wetland resource areas, and no vehicle
refueling, equipment lubrication, or maintenance is to be done within 100 feet
of a resource area.
AFTER CONSTRUCTION
61.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.
62.Fertilizers utilized for landscaping and lawn care shall be slow release, low- i
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
63.Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either b ioamin and seeding according to SCS standards. If the
Y g g g
latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
CAWinword\00C\242-942.doc 8 NACC 12/15/98
DEP FILE 9 242 - 942
64.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. MADEP 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 have read and understood the 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
Registered Professional Land Surveyor of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and
documents referenced above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of
the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet of
any wetland resource area.
f
➢ "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone which is regulated as a wetland under the local wetland
bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, and approved decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes any disturbance of soils or
vegetation.
Location of all subsurface utilities entering the property.
CAWinword\0OC\242-942.doc 9 NACC 12/15/98
• DEP FILE #242-942
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 DEP # 242-942. Future
work within 100'of existing wetland resource areas will require a
separate filing with the NACC (refer to Section XI (page 18) of the
Regulations for performance standards within these zones) The
Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition #60);
➢ Prohibition of underground fuels (Condition #61);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #62).
➢ The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and pian.
i
CAWinword\00C\242-942.doc 10 NACC 12/15/98
• DEP FILE#242 -942
APPENDIX F - COMPLIANCE CERTIFICATION FORM
I� on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order-of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC\242-942.doc 11 NACC 12/15/98
Ivur lir tit a U U V�1 k-U111. Lie UUtS UB8 `JJb4e � U4
• DEP FILE f; 242 -942
APPENDIX F-COMPLIANCE CERTIFICATION FORM
1•
MA on oath do hereby depose and state:
(authorized agent applicant a orad/ current owner)
(PIFASE CHECK 1[EAST ONE B ocp
1, l aus-�t,e of_11ta bA .
(position with applicant) (applicant name or company name) /
the applicant upon whom Order of Conditions *2..%+-)——Ot 4L
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2._ 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions a%2—'9(f"+'—
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that i have received said Order of Conditions
a 4 a-� 4 X and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this 3r' day of N"'PA, 19CV1
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 - ,acre presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions Aqa -t q 1 .
(DEP file#)
Signed under the pains and penalties of perjury this 3o day of 190
r
(S' ure authorized a ent of ap licant or owner)
,17
C:1Winword\0CX;k242-942.doc 11 NACC 12/15/98
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
L11 WPA Form 8B — Certificate of Compliance
242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important: 1. This Certificate of Compliance is issued to:
When filling out p
forms the
computer, use Christina& Rex Melton C/O William Barrett Homes
only the tab Name
key to move 705 Bradford Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
19 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Robert Brown
Name
12/16/98 242-942
Dated DEP File Number
3. The project site is located at:
705 Bradford Street North Andover
Street Address City/Town
62 23
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Robert Brown
Property Owner(if different)
Essex North Instrument#4185
County Book Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent, on:
1/22/03
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.12/15/00 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number
L11 WPA Form 8B — Certificate of Compliance
242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions:It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid.No future work subject to regulation under the Wetlands Protection Act
may commence without filing anew Notice of Intent and receiving'a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
65
C. Authorization
Issued by:
1.0.CNorth Andover AZ 7-1.0-.?
Conservation
onservation Commission Date of Issua
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office(See Appendix A).
Signature
7
On . 7 Of kbrweL r a 170
Day Month and Year
before me personally appeared
-SLO u.sS�
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
7 o1�'J
Nofaq Pubic My commission/expires
wpaform 8b.doc•rev.12115100 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance
242-942
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
Ta
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:.
Document Number
Signature of Applicant
wpaform 8b.doc•rev.12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warrick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413 784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston.
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakharn Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfieet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Millon Rockport Wayland
Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbiam Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reacting Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•Appendix A•rev.2/12/03 Page 1 of 1