HomeMy WebLinkAboutMiscellaneous - 729 BOXFORD STREET Received by Town Clerk :
FORM A JOYCE ORAC'SHAW -
" 'TOWN CLERK
APPLICATION FOR ENDORSEMENT OF PLRTN ANDOVER
BELIEVED NOT TO REQUIRE APPROVAL
3 f
ON
° 6
NOV. 5 19 96
To the Planning Board of the Town of North Andover ;
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1. The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Caw and is on a public way .
namely , BOXFORD STREET or a private way, namely,
oeing land bounded as follows :
ON THE NORTH BY BOXFORD STREET, ON THE EAST, SOUTH AND WEST BY LAND
OFSIM ILQNVS.
2 , The division. of land shown on the accompanying plan is not a sub-
division for the following reasons :
FRONTS ON PUBLIC WAY WITH REQUIRED FRONTAGE, AREA AND C.B.A.
3. Title reference "forth Essex Deeds , Book 1262 ; Page 774 or
Certificate of T`tle No . Registration Book ;
Paste
A plicant`s Si nature:
Owner 's signature and address if Rot
the applicant :
JEFFREY M. SIMMONS
(Print Name)
Applicant ' s Address :
729 BOXFORD STREET
NORTH ANDOVER, MASS. 01845
Tel. No. 6821784
Received by Town Clerk :
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Laws
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and
must therefore be re-submitted to it for approval under 'the
Subdivision 'Control Law.
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date :
Town of North Andover Planning Board
This form represents the schedule for allowing the following lots to be considered as eligible for
building permits under the Town of North Andover Growth Management by-law Section 8.7 of
the Zoning by-law. Pursuant to 8.7.5 this Development Schedule must be filed in the Registry of
Deeds and be referenced on the deed of each of the lots below and be filed with the Planning
Board prior to the Issuance of any building permit or permit for construction.
Name and Address of Applicant for Lots: Marne of Development:
JEFFREY M. SIMMONS
729 BOXFORD STREET
NORTH ANDOVER, MASS.
Map and Parcel of Original Lot: MAP 105A
Date of 8pplication for Lot(s)DfWslon:11/5/96
Lots Covered by this Schedule: 1
The Planning Board by their signakre bebw,or a signature of a duds authorized representative,
do hereby establish for the above named development the follooft Development Schedule for
the purpose of Section 8.7 of tM Growth manageiment By-Law.The appitcant,their assignees,
successors and or subsequent property owners shalt conform to the Wowing schedule that limits
the eligibility of the foltowft lots for buikk%pemtft. This ton must be OW in the Reghft of
Deeds by the property owner or representobve and be referwwmd on each dead for each Of the
fb0z"ng tats. Such deed reftmvm W the dead at each tat shM at a minimum reference the
book and page in which this DevekVnent SdmduJ&is filed and contain the language: '7his lot
is subject to a Development Schedule pursuant to the Town of North Ambver ZomV By-Law aff
owners,repres&ratrves,and future purvftsam almW avaff VmWrAWNS of said msW=AY
reviewing the approved Devebpawr Schadbie as AW In Sex*old and dwam
The fact that a lot isc*Jbr a bukft pent*Is=bject to Ow"adon of Me nwnW of
buM*V
permits per yov pursuant to section a 7.Zd of Ow Zoning BY-Law."
The Planning Board hereby schedule the lot(s)for the above development as foROWT.
Year Eligible Number of Building Office Use Building Of(ice,Use
Lots Eligible Date Lot Eligibility Notes
Com ly Utilized
Signature of Planning Board member or Authorized Representative
C1
0 Date
Signature of Property Owner or puthorized Representative
11/5/96
Date
Received by Town Clerk ;
FORM k JOYCE AAI)SH VI
TOWN OLERK
APPLICATION FOR ENDORSEMENT OF PLAID NORTH ANDOVER
BELIEVED NOT TO REQUIRE APPROVAL
19 96
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1, The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way .
namely , BOXFORD STREET or a ,private way, namely,
oeing land bounded as follows :
ON THE NORTH BY BOXFORD STREET, ON THE EAST, SOUTH AND WEST BY LAND
OF SIM bMQNS_ ---
2 . The division of land shown on the accompanying pian is not a sub-
division for the following reasons :
FRONTS ON PUBLIC WAY WITH REQUIRED FRONTAGE,AREA AND C.B.A.
3. Title reference Porth Essex Deeds , Book 1262; Page 774 or
Certificate of V tle No . Registration Book ;
Page
AvEl,k"kt,�
icant's Signature:
Owner 's signature and address if not
the applicant :
FFREY M. SIMMONS
(Print Name)
Applicant ' s Address :
729 BOXFORD STREET
NORTH ANDOVER, MASS. 01845
Tel. No. 6821784
Received by Town Clerk :
REO V
ED -
J4� �NRK W
N0
To aHoavER
On 18 2 so PM '
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law,
and the appropriate endorsement has been made upon the same .
2 . The North An' over Planning Board has determined aid . plan
shows a subd.i ision , as defin by G L . c . 4 , S . 81-L nd
mus therefore be re-submi ed to it for approval under 't
S bdi vi s i on Cont i
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date :
i
310 C'ly'R 10.99
Form S oeP F;b 140-
t r 242_— 837
(10 L."w+vwvs.n try UEVJ
Commonwealth Crry,Towr, North Andover
of Massachusetts= ADDI�Jnt
1
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COt•it1ISSION
To Jeff Simmons Ramp ac annl i r-a13t-
(Name of Applicant) (14anme of prOQerty,Owrierl
Address 729 Boxford Street Address Same as applicant
This Order is issued and delivered as follows:
7 by hand delivery to applicant or representative on fdate)
by certified mail, return receipt requested on 1 �1� Z//S 79✓L �117 (date)
This project is located at 729 Boxford Street Map 105A Parcel 6
The property is recorded at the Registry of Narritpru fGe-Y --
Book 1262 Page 774
Certificate (if registered) -- --
The Notice of Intent for this project was filed on October 25 199 (date)
' The public hearing was closed on November 20, 1996 (date)
Findings
The North Andover Conservation Commission_ has reviewed (tie above•[eler?aced rJolrce of
Intent and plans and has held a publichearingon the project. Based on the information awailaole tc ine
NACC at this time. the t"'ls determined lttat
the area on which the proposed work is to be done is si9fliticant to the following interests in accordance v.ith
the Presumptions of Significa ce s fort in the re Mations for each Area Sutllect to Protec',ort l_tnderwe
. 18 Recreation
Act (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch.178 Wildlife
LN Pubiic water supply Flood control ❑ _ Unnd cortta rring shellfish
Private water supply Storm damage prevention Figtieries
Ground water supply Prevention of pollution Protection-of wildlife habitat
Total Filing Fee Submitted 250. 0 State Share 112.5Q
Cily(Town Share 137.50 -(V: IPr in nxcoss of S25)
Total Refund Due S City(Town Portion S
State
Portion S
('iz total) ('n total)
DEP FILE #242 - 837
Therefore, the North Andover Conservation Commission (hereafter the
"NACC") hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein,and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights.
3. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended by the issuing authority for one or more
periods of up to one year each upon application to the issuing authority at
least 30 days prior to the expiration date of the Order (Refer to Section VIII
(p.15) of the North Andover Wetland Regulations).
6. 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.
7. The proposed work includes: Construction of a single family dwelling,driveway
and septic system within the 200'Outer Riparian Zone of the Riverfront Area and within
the 100'Buffer Zone of a Bordering Vegetated Wetland(BVW).
8. The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Mr.Jeff Simmons
DATED 10/25/`96
CAWinword\00C\242-837.doc 1 NACC 12/6/96
DEP FILE #242 - 837
Plans prepared by: Christiansen&Sergi,Inc.
entitled"NOI-Boxford Street"
DATED REV lIA3196
9. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVM and the Outer
Riparian Zone of the Riverfront Area. 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 identifiedinterests.
10. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the pians dated REV 11/13/96. Prior to the
issuance of a Certificate of Compliance,the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner,its employees and all successors and assigns in interest or
control.
13. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site to perform the work approved herein will cause further
alteration of the vegetated wetland resource areas. In order to mitigate
impacts and prevent any alteration of these wetlands a twenty five foot(25')
No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be
established from said edge. No disturbance of existing,grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the
local Regulations).
14. The NACC shall be notified in writing of any lot line or number changes
with a copy of a plan showing these changes prior to any work on these lots.
CAWinword\00C\242-837.doc 2 NACC 12/6/96
DEP FILE #242 - 837
PRIOR TO CONSTRUCTION
15. 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.
16. 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.
17. 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 242-837."
18. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant).Within 21 days of the close of said public
hearing the NACC will issue an amended or new Order of Conditions. Any
errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by
other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin
on a project until written approval has been granted by the NACC.
19. The applicant shall contact the Conservation Office prior to site
preparation or construction and shall arrange an on-site conference with an
NACC representative,the contractor and the applicant to ensure that all of
the Conditions of this Order are understood. This Order also shall be made
a part of the contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction
CAWinword\00C\242-837.doc 3 NACC 12/6/96
DEP FILE #242 - 837
supervisor hired to coordinate construction and to ensure compliance with
this Order.
20. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
21. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
22. 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.
23. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty (20) hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall be
used only for the control of emergency erosion problems, and shall not be
used for the normal control of erosion.
24. 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 Treasure before commencement of work. Said deposit of
money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel,
and shall be released after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any conditions
which are of continuing nature. The applicant may propose a bond release
schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of
the local ByLaw.
CAWinword\00C\242-837.doc 4 NACC 12/6/96
DEP FILE #242 - 837
DURING CONSTRUCTION
25. 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.
26. Upon beginning work, the applicant shall submit written progress reports
every two (2) months 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.
27. 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.
28. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
29. 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.
30. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
31. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system,or wetland resource area.
32. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
33. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
CAWinword\00C\242-837.doc 5 NACC 12/6/96
DEP FILE #242 - 837
34. Members of the NACC or its agent shall have the right to enter upon and
inspect the premises to evaluate and/or effect compliance with this Order of
Conditions. The NACC reserves the right to require, following field
inspection, additional information or resource protection measures.
35. 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.
CAWinword\00C\242-837.doc 6 NACC 12/6/96
DEP FILE #242 - 837
AFTER CONSTRUCTION
36. 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.
37. Fertilizers utilized for landscaping and lawn care shall be organic and low-
nitrogen content, and shall be used in moderation. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition is
issued under the authority of the Town`s Wetland Protection ByLaw.
38. 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.
39. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Civil Engineer certifying compliance
with this Order of Conditions and the approved plans referenced herein (or
approved revisions). Certification includes, but is not limited to, verification
that the limit of work coincides with the approved "NO-
DISTURBANCE/NO-BUILD" zones. A stamped "As-Built"topographic
plan of all areas within the jurisdiction of the Wetlands Protection Act and
ByLaw shall be submitted when a Certificate of Compliance is requested.
This plan will include:
a) "As-Built' elevations of all drainage structures constructed within 100
feet of any wetland resource area;
b) "As-Built' elevations and grades of all filled or altered wetland
resource areas including the Outer Riparian Zone;
c) Distances from structures to wetland resource areas. Structures
include, but are not limited to, septic systems, stone walls, retaining
walls, and approved decks;
d) A line showing the limit of work. "Work" includes any disturbance of
soils or vegetation;
e) Location of all subsurface utilities entering the property;
CAWinword\00C\242-837.doc 7 NACC 12/6/96
DEP FILE #242 - 837
f) Location of existing erosion controls.
47)Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to whom
the compliance is to be granted;
c) The street address and assessor's map/parcel number for the project;
d) The DEP file number,
e) A statement certifying compliance with the Order of Conditions and
approved plans.
48. 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 # 242-837. 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;
• Maintenance of catch basins;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\242-837.doc 8 NACC 12/6/96
729 Boxford St> eet
I �
IS3u2� �',/ ` Consaraatton ^„t"1tss:Cn
SiCuna(UrzlS) /
r
Thi Order must be signed by a majority of the Conservation Commission.
I h/lord er m ust
On chis day of 4th December Ig 96 before me
personally appeared Joseph W. Lynch, Jr. to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
Notary Public Niy commission expires
i he aecucant.the owner. any,.erscn aggneyed Dy this order.any owner at land atruRing the Zana uccn wt.ic s me croecsea work is to tre
acne.cr any ten resteents at the cay or town in which such land is located.are neraby notified at their rtgnt to reeuest me 0edartment of
�rn,rdnmancal Protection to issue a suaerseding order, providing the reeuest is rhade by centtied'tail or hand delivery to the oedartrertt.
with the appredrtate filing fee and Fee Tran smFRal Farm as provided in 310 C.Mp t0. ' + .within ten days from the date at Issuance at tuts
Qatermtnacton.A copy of the request snail at the same ttme be sent by certified mail or hand deliver/to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
Must: be filed in Superior Courc.
A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO THIS OFFICE SHOWING
THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF
DEEDS .
Detach do dotted line dna submit to the' North Andover C n -V i rrr prior to commencement at-or%.
Main.. Street \ro. Andover M_0. 01845 ............••••••
....................._............................................ . .................... ........ .... ....................,.
Ta
North Andover Conservation Commission ssu:�q�utncncy
Please ae advised that the order of Conditions for the protect a
=,te wumcer 242 837 ',as ceen recarced at the A soY of
Deeds Essex North District :'c
has ceen noted in the c-atn at one at the attec:ea adder.-acccrcanca-,in General Ccncincn 3 on
t9
it ,ac;rcec lana. the insVvment numaer wnien tcenetias-Its saC= to
t reG,s:ereC !anC. :ne �ccument numaer wrier icentifies mis 7-WnS.ac'an "5