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Miscellaneous - 990 FOREST STREET
NORTOI M6 MAY 22 PM 4 17 sAcwus�� ( : 114 OF ZONING BOARD OF APPEALS ���Fi ,��<�'(� f° Community Development Division '" Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 990 Forest Street NAME: Michael Foraste HEARING(S): April 11&May 10,2006 ADDRESS: 990 Forest Street PETITION: 2006-008 North Andover,MA 01845 TYPING DATE: May 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Wednesday,May 10,2006 at 7:30 PM upon the application of Michael Foraste,998 Forest Street(Map 105.1),Parcel 2),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to build a proposed deck. Said premise affected is property with frontage on the North side of Forest Street within the R i zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27& April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R. Webster,and Daniel S.Braese The following non-vo ing member was present:Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse and 2"d by Richard J.Byers the Board voted to BRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 15.9'from the rear setback in order to construct a proposed 1-story garage and enclosed breezeway per: Site: 990 Forest Street 105.1)Parcel 2),North Andover,MA 10845 Site Plan Title: Permit Site Plan for 990 Forest St.,North Andover,Massachusetts 01845, preparedfor:Kerry Foraste,Michael Foraste Date(&Revised Dates): 3/9/06 Registered Professional William M.Damour,P.L.S.#31307,Wm.M.Damour,P.L.S.,Burlington, Architect/Land Surveyor MA With the following condition: 1. Either the existing shed shall be moved within the 30'sidelrear setback or the existing shed shall he submitted to the Zoning Board of Appeals for a Variance from the 30'sidefmr setback requirements of 7.3&Table 2 for structures in the Residential 1 zoning district in order to receive the final building inspection signature. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R.Webster,and Daniel S. Braese. Page 1 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com �taRTy a4 tt�ao �'�•{. a }RECE ICE fh A} }pry 4 9+sue rwee�4 * 2006 MAY 2 t 4: 17 �4SS+qt � O, i4 OF ZONING BOAR©OF APPEALS NORTH 0t! OV' s,., Community Development Division MASS .i;H "�' ` �' I The Board finds that owing to circumstances relating to the soil conditions the shape of 990 Forest Street(Map 105.D Parcel 2),and the single-family dwelling's existing location on the parcel,dally affects this land and structure but does not affect generally the Residential 1 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial financial hardship to the petitioner if the variance were not granted The Board finds that the 100'Conservation Commission Buffer Zone bisects the existing dwelling and that the 50'No-Budd Zone bisects the parcel to the right of the dwelling,requiring the applicant to obtain the Conservation Commission's Abbreviated Order of Condition 242-1323. The Board finds that the existing attached garage is 30'(+)from the left side setback. The Board finds that the applicant would need to raze the existing attached a in order for the decd to avoid tag bath zoning and conservation setbacks. The Board finds that the left side abutter,Derrick Paid Davies,980 Forest Street,wrote a letter dated March 26,2006 in support of the variance for the deck,and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the ant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant.must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner: Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shalt lapse,and may be m-established only afl+er notice,and a new baring. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing, Town of North Andover Appeals, Ellett P.Mclnfyre,Chair Decision 2006-008. M1o5MM Page 2 of 2 1640 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandever.com f F pORTH �O`Ks�:u p•,'r'o Tvin Clerk Time Stamp PEC VED * r * 2006 JUN 27 PH 4. 15 QRATED .f �SSAC14U`J�4 ZONING BOARD OF APPEALS 14ORTH A ,F ' wry SACI Fi�Y Community Development Division HAS Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 990 Forest Street NAME: Michael Foraste HEARING(S): April 11&May 10,2006 ADDRESS: 990 Forest Street PETITION: 2006-M North Andover,MA 01845 TYPING DATE: May 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Wednesday,May 10,2006 at 7:30 PM upon the application of Michael Foraste,990 Forest Street(Map 105.1),Parcel 2),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to build a proposed.deck. Said premise affected is property with frontage on the North side of Forest Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III, David R.Webster,and Daniel S.Braese. The following non-voting member was present:Thomas D. Ippolito. Upon a motion by Richard J.Byers and 2nd by David R Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 15.9' from the rear setback in order to construct a proposed deck per: Site: 990 Forest Street(Map 105.1)Parcel 2),North Andover,MA 10845 Site Plan Title: Permit Site Plan for 990 Forest St.,North Andover,Massachusetts 01845, repared for:Kerry Foraste,Michael Foraste Date(&Revised Dates): 3/9/06 Registered Professional William M.Damour,P.L.S.#31307,Wm.Tv Damour,P.L.S.,Burlington, Architect/Land Surveyor MA With the following condition: 1. Either the existing shed shall be moved within the 30'side/rear setback or the existing shed shall be submitted to the Zoning Board of Appeals for a Variance from the 30' side/rear setback requirements of 7.3&Table 2 for structures in the Residential 1 zoning district in order to receive the final building inspection signature. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Daniel S.Braese. Page 1 of 2r 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofoorthandover.com v NQRYy Kt�ti a '6o rk Time Stom 3� w h, a QL $ CEIUV P €.:... TIB `kF(71 ' * _ * (} r x 'ZO V4 2006 JUN 27 P 4: 153 n rip � S^CHU7} 01 ZONING BOARD OF APPEALS NORTH ANDO':'� Community Development Division HASSACMei''ZS i T", The Board finds that owing to circumstances relating to the soil conditions the shape of 990 Forest Street (Map 105.1)Parcel 2),and the single-family dwelling's existing location on the parcel,especially affects this land and structure but does not affect generally the Residential 1 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial financial hardship to the petitioner if the variance were not granted. The Board finds that the 100'Conservation Commission Buffer Zone bisects the existing dwelling and that the 50'No-Build Zone bisects the parcel to the right of the dwelling,requiring the applicant to obtain the Conservation Commission's Abbreviated Order of Condition 242-1323. The Board finds that the existing attached garage is 30'(+-)from the left side setback. The Board finds that the applicant would need to raze the existing attached garage in order for the proposed deck to avoid both zoning and conservation setbacks. The Board finds that the left side abutter,Derrick Paul Davies,980 Forest Street,wrote a letter dated March 26,2006 in support of the variance for the deck,and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until:a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. awn of North Andover Id of Appeals, Ellen P.McIntyre,C Decision 2046-008. MI45.DP2, Page 2 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com "°"TN tid Town of North Andover Town Clerk Time Stamp *$ } Office of the Zoning Board of Appeals (} s . a Community Development and Services Divli#gjj Cl „€ KOS 400 Osgood Street yss�c�g°` North Andover,Massachusetts 01845 2006 MAR 22 All10: 45 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 i' ` F p Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 11th of April 2006 at 7:30 PM to all parties interested in the application of Michael Foraste, 990 Forest Street(Map 105.1), Parcel 2),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Tablet of the Zoning Bylaw for relief of the rear setback in order to build a proposed deck. Said premise affected is property with frontage on the North side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27 &April 3, 2006. Legalnotice 2006-0008. M105.DP2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 „OR'” Town of North Andover Town Clerk Time Stamp Of 140 Community Development and Services Division RECEIVED Office of the Zoning Board of Appea , 'S , ICE M1+s,cxU;�`� 400 Osgood Street North Andover, Massachusetts 0184'32006 , Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 T #w:,ri or- NORM : l� MASSAO?,-fv a Date 4 1 1_ 0 TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) Finding for property located at: r' STREET: MAP: PARCEL: Z- TOWN: Noe—ani TO MEETING DATE(S): NAME OF PETITIO R: 2 i� Signed: Petitioner(o itioner's representative) L._ APR 1 1 2000 : O s F Api�q rcla jt 6Qppeals 9—N-688-9541 Building 978-688-9545 Conservation 978-688-9530 f icalth 978-688-9540 Planning 978-688-9535 RECEIVED TOS C! rr. ' Lj;OF FIC TOWN OF NORTH ANDOVER VARIAN Cl PIR 15 All 9: 44 ZONING BOARD OF APPEALS NAME: t L- jj ADDRESS OF APPEAL: ON 0 o�vgi*rkTjr Stomp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing.date and prepares the legal notice Zoning Board of an application as incom fete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of I Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using completed. the information it has received to date. i STEP 3: PLAN PREPARATION: STEP S: DECISION: j Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be { cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17, within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. I STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at l copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 I Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please comptsa;aR itenlls 1 -10 below: 1. Petitioner: *Name, *Address and telephone number- Irl IC t: �a 21!15 1-78� 9'tr —SX�8 8 qq o 'V6 tis- - N a m Q M A- a 184 5- *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: i C — —r- KQZ �a S Years Owned Land: 1.5 3. Location of Property: a. Street: qQo -rog-eZoning District: b. Assessors: Map number: I D5 7I> Lot Number: 2-A c. Registry of Deeds: Book Number: 43gdg Page Number: Z41 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. S� ca"lo iJ �.3 t4-Iv i7 T,A-�� Z 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: V&i t Priv C,,.L.. R 2 TN-ir R-*42- S E-M 14s til fry 14 ' 15-nLL- 9t M A-1 N S W t-1� 30 ' Irs l?e_W t(ZED i The above description shall be used for the purpose of the legal notice and decision. A more delsiled description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limilsd to the request by the applicant and will not involve additional items not included above. SA. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ' A.A !J % ` N ILA r B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear g7{byl $ 2� 3 a l� I 2 Sao 1 t 1 t 30 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Covera a Feet Spaces Front Side A Side B Rear 1 `h iK L$0 3 0 1-11 2 300 { 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors 1 Sq. feet Building* of Units** 2� Z 2� �4;Sao RA's De-741-1 A-L— 1 *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). i 'i 7B. Proposed Building(s): Number Ground Floor Number of Height Total Use of i Square feet Floors Sq. feet Building* of Units** i b6c� ► II .� pEGc- 1 r *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by t e Z ping Board of this application as incomplete. Signature: Type above name(s) her M I tMAE -- i t?.Arz-- i 4 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION '10. B. *Plan Specifications: Application for a Variance must be supported by a n Size of plan: Ten(10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance H)One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and tin Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar. addressed with this application. '10 C. 'Features To Be Indicated On Plan: A. The particular use proposed for the land or q Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300' radius district in which therope� is located. 6. locations of buildings on adjacent properties P C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions m Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant,owner or record, and designer of substantially derogating from the intent or purpose surveyor. ` of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37$)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies �IUlajor projects are those, which involve one of the following whether existing or proposed: for the Legal, and one copy for the Decision mailing). 1)five (5) or more parking spaces, 11. C. See 2005 Revised Fee Schedule. II)three (3) or more dwelling units, til)2,000 square feet of building area. lo- A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 108 8 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be submitted.4 and topographic information. Ma,r 13 06 02: 07p NORTH ANDOVER 97868$9542 p. 2 Zoning Bylaw Denial Andoer Building DepartmOnt Town Of worth 400 050OW SL NOM Andow,u& 01845 Phony 9711,46N4M Faxarr"aa-1SU s"et ;cant Mich el R uast deck addit ' Daus; 3-ILO-06 e>nd puns>ft>tt your Application is Ploass be NW=d V mt ii review of Your A M DENIED for the loflewing Zoning OV*w reasom Zonin R-1 IMm Notes "am Notes A Lot Area F Proetage 1 Lot area Insufficient 1 f lrtstsffident 2 tot Ana e 2 F e 3 Lot Area iss 3 prsexisti 4 Insufflderd Infotsnatlon 4 Insutfident itrtomtation 9 eot:au over Frontage 8 Urs i Allowed G Comigtroua 6uildittg Area 2 Not Allowed 1 Inssrffidetri Ansa 3 Use Psesxlsf; .� 2 Com les 4 5 ' Permit R 3 Innsuffiderrt fsHofrrtafi pree CBA e s 5 insuffident Inforrnauon 4 on C Sabre* f{ Bw'Ndirsg Height 1 M Maximum All setbacks Comply 1 Exceeds 2 Front Insufficient 2 Com es 3 Left Side InspftideM 3 Preesdsu 4 Right Beide InaufTrderrf, 4 Insuffiderst Irsfarnation 5 Rear insufficient for deck I f9uilding � fi P setbacks 1 cove exceeds maximum 7 insufficient Inforrrration 2 Cov 0 C las 13 Watershed 3 Covene8e Presxisling 1 Not in Watershed es 4 1 r information 2 In Watershed sign 3 lot 'ar to 10/24194 t S n not allowed 4 Zone to be petermined 2 S n res 6 Insufficient Infomhatim 3 Insuffident infomlation E Historic District g Parking -�ffl 1 In District review ufred 1 Mon!pwkft Required 2 Not in district es 2 CMOs- 3 insufficient Infomratian 3 fttsuffidaM Infrxmafion 4 IP Patkl Rem for the above is clocked below. Itset* Yarias>Qs ftom ht S ial Pwn"P4emr Board R Seth Variance site Plod RVA" Penna Park; Yariah>ce Accede other than Parma !1plmn6d LotVarianceommon S aftwng Cans Retlrerrherd Spedd Permit Perrnifs Board nd Patins I PemdtNgh.Canformi Use 29A ar Eatole Condo Permit Earth Ranhaval S 1 Permit ZBA Ohdrict Panna Permit ilea not Usbd but Similar Planned Reskfahtili Permit Penna for S' in rqL— R-d P'errrha g permit ' ti rwnoontormi Watershed Pemihit d ruhth ii haehhd on tlha pYns rNhd Yltarmrshuh aulhraeMd. No dMih+ltlw review and . sdvioa ttrshi tabs bradpre twIW MYr+rYar W , nor tdrM auGt vrhN M by tM aPP w to pn,,Me dWMO anrere 10#"W above shorans for WINAL Any Ynoasede►.move ft kft er otlrrr eubaeq�J cto r.m"infaerernsianlMdblithesppeorrtsl++t.t�ehshdSrors,M,wlswtoawardatahsaisoefionds+. &Oftorprrw"rh.02*0aocuswht����'I'"e��. m�usttr. i+r�irrbirhp IN rrfarer—rIw bhidhhg dopsArhhhnt prm+it apprcrllorh ram and thsh7lrh tlu psreheshp phxrs. it � �%' :•• ,=_G.sDenied Building Department ClflGsl nature Application Recaiwd Denial Sent: it Faxed Phone Numbor#00[a- Mar 13 06 02: 07p NORTH ANDOVER 9786889542 p. 3 Plan Review Narmtive The following namdive is provided to further explain the morns for denial for the""kation/ permit for the property indicated on the reverse sloe: tlwrp It;rrt#11a fW Donal '.bach• c ro sca dec ,ter LW -re ' is re uirt-d 1. Zoning Bylaw Section 7.3 s Table 2. I Am= Referred To: Rm haft Zonin Bard Poke of Public Wales conservadi FlisLtvicral ComrRiislon Plannih awua►+o PT Other WRITTEN DOCUMENTATION TO: North Andover Zoning Board of Appeals FROM: Michael Foraste 990 Forest Street DATE: March 9, 2006 SUBJECT: Section 9 - Variance Request,points A-F: A. My particular variance request for the proposed use of the structure is to construct a deck on the rear of my existing house. B. The particular circumstances.of my lot relating to shape are that we cannot construct the deck on the side of the house due to the 50'-Wide No-Build Zone to a Bordering Vegetated Wetland.; We have had to architecturally design the deck to cantilever over the 50'-Wide No- Build Zone in order to access the existing slider on the east side of the house. We have obtained an Order of Conditions from the North Andover Conservation Commission to construct the deck as proposed. Therefore,the deck can only be built on the rear of the existing house. C. We have already incurred more than$3,000 in costs relating to a wetland delineation study and architectural drawings to receive an Order of Conditions from the N.A. Conservation Commission. We cannot build the deck elsewhere due to the wetlands noted in point B above. We were not made aware of the rear setback rules until after incurring these substantial costs. D. There is only one abutter that can see the rear of the house (980 Forest Street). It is this abutter's property line that we will be approaching with the deck. This abutters house is approximately 100' to the west ,of the proposed deck and there is a tree line that blocks the view of the proposed deck. The abutter is in favor of the deck being built. Due to the wetlands, no other houses can be built that could see the deck. These facts support a finding that the relief sought will be desirable and without substantial detriment to the public good. E. Given the circumstances and facts stated above we believe the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. F. This variance is not for a Contiguous Buildable Area. Windows Live Local Page 1 of 1 fi. Windows Live Lo � �� 990 FOREST STREET, NORTH ANDOVE �00—A iDt� vov,en_ :c,tw Virtual Earth Beta What Business name or category Where.Address, city, or other puce �e-'D P05&P Welcome Scratch Pad Lncate hie Pesrr3aiink Add Pushpin Directions Settings rx)mmu ty F eIri About w $fY �y5 �,��l `�VV4 nY y✓ b e � r � s FROM : NORTH ANDOVER ASSESSORS OFFICE FAX NO. 976 688 3211 Mar. 14 2006 01:46PM P1 Abutter to Abufte( J Building Dept. { ) C--rva#- ( J Zoning t J Town of Noah Andover Abutters listing RE1 tUlRfA1ENT: MCX 40A,Seonbn ii soba ingirt"Ppeas 1n rtn nn x ow b this at"W IMI MM gm peg Mr, &W",amen of lend 01w1y appoanaon air pok or polo wgr,Me ON=in 8 UNM VAlNn Mtaa huwmd mo)footof on prowlyI ro of 9M pace w eA Mor appaaron 00 mpst Mcw appr"* ok lift,rwt vAfttadlnp Mgt Ma lane of bry iWbh owner is ftaW M I MMM orb or own.gN pbamhlA boost of the City of ban,am Me pie MkV read of IM sbWting dry or own.' �irJ'4�Frooarty. M4P j!A.RCEL N_arra Addisss 105-D 2 Micheal Foraste 990 Forest Street North Andover,MA 01845 Abtt r ftarrleg Name AtitlreSs 105 DD 6 Richard Burke B401=arest Street North Andover,MA 01845 10510 7 Th TGS Gunn 97 Forest$treet North Andover,MA 01545 105.D 8 Taml Coughlin 878 Forest Street North Andover,MA 01845 105.D 41 Midisal Agosti . 995 Forest Street North Andover,MA 01845 105.0 54 Richard Southwick 087 Forest Street North Andover,MA 01845 105,D 55 Todd Stewart 1005 Forest Street North Andover,MA 01845 105.0 56 htetbert Cunha 1015 Forest Street North Andover,MA 01845 105,0 57 David Donato 1025 Forest Street North Andover,MA 01845 105.D 58 Darlene Fleishman 881 Forest Street North Andover,MA 01845. 105.D 59 Frank Ming 1000 Forest Sheet North Andover,MA 01845 105.0 74 Leonard Dubois 975 Forest Street North Andover,MA 01845 105,D 79 Derrick Davies • 980 Forest Street North Andover,MA 01845 105-0 177 John tnangelo 1030 Forest Street North Andover,MA 01845 105,0 178 Edward Krovitf 1050 Forest Street North Andover,MA 01845 Commornvesith of MASS 100 Cambridge Street Boston,MA 02202 Dept of Enviromental Management Data 311122 P"e 1 el 1 This certifies that thO names appeefing on the records of the Assessors Offit e aS Of CartifDate f PUX 9824 PG I Massachusetts Department of Environmental Protection DEP File NumW. Bureau of Resource Protection-Wetlands WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, 140q , ev�1 �-0' A. Generai, Wo—rmation Important: : North Andover When filling 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): ® Order of Conditions ❑ Amended Order of CondSons use only the tab key to I To: Applicant: move your cursor-do not Michael Foraste use the return a.gist Name b.last Name o.Company key. 990 Forest Strad Ili Addrena "Q North Andover MA. 41$45 ILAf e.Cty town r.8tste g.as!Jade 4. Properly Owner(if different from applicant)* FindSarno Nems b.taint Name a Company t2 0 dd.Malang Address e.CRyfrown f sttde ii•zlp6690 s. Project Location: 990 Fonest Strad Noah Andover �� > a.Street Address. b.oWrown rs .• Map 1050 Parcel 2 (t + M � c.Assessors Map4W Number d.Pamefit oa Nw*w Latitude and Longb ta,If known(note: electronic filers will sift for GIS locator). a.t atbuds f.Lonsitude s. Property nacorcled at the Registry of Deeds for(attach additional Information If more than one par+ : Essex North w a.Courtly - b.Certill de Of i"IsWetl larx5 4395 241 .sx c.Book d.Poe SMa 7/1105 C* 7. Dates: s.Dale Naft of MUM Filed b.Daae F'utatiC Heulnp afto r~pate of>setaares e. Final Approved Plans and Other Documents(attach additional plan or document referrences as needed): Permit Site plan p a.Pian Tide Hancock Aswakfts John GIRO tr'�,t l� 3 b.Prepared By ei sped ani 1liGrmpW by , i ' 6123105 V*20' d.final Rewialm tht0e e.t3cale i.Additional Plan or Doaamwd Tttrs a.Deb e. Total WPA Fee Paid: $215.00 . $42-50 $172.50 a.Total Fee ft1d b.Stags Foe Paid 0.tom►! o m tree Maid wp�rarmidac•rev.anion waa t ads Maseachusetls Department of Environmental Protection Bureau of Resource Protection-Wellanda b moi" DEP Fib Number. WPA Foran 5 - Order of Conditions 2+42-1323 MaseaChUSeb Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant,to the Masseohueetts Wetlands Protection Act: Following the review of the above-referonc ed Notts of bent and basad on the infamwtion provided in this application and presented at the public hearing,this Commission finds that the area In which work is proposed Is aignific ent to the following Interests of the Wetlands Protection Act Check all VW apply: a. ® Public Waiver Supply b. Ci Land Goneaining Shellfish sr Poi 4w*n of Pollution d. Private Water Supply a. a Fished" # ® Ptatad3on of WiidliFe Habitant o. ® Groundwater Supply h. M Storm D&frtege Prevention i. Flo0d Control z This Commission hereby finds the project,as proposed,is:(ctreck one of the fapwft bass) Approved subject to: ® the fnliowing conditions which are necessary in accordance with the performance standards set.fiorth in the wetlands regulations.This Commission orders that all work stall be performed in socordence with the Notice of intent referenced above,the following tenerei CwWMcns,aW any oiler sped conditions attached to this Order.To the extent that the tMo wing condition modify or dither from the plans,specifications,or other proposals submitted with the Notice of Intent;,these conditions shaft control. Denied because: ❑ the proposed work cannot be conditioned to meat the per rmence sta tMerde sat In the wetland regulations.Therefore,work on this projetd may not go forward unless and until a new Notice of invent is submitted which provides measures which are adequate to proted.these Interests,and a final order of Conditions is issued.A description of the perforrmerrce etandarde whleth the proposed work cannot meet Is Mtached to this order. ❑ the information submitted by the appiant Is not sufl0lent to de wit the site,the work,or ft of the work on the interests Identified In the Wetlands Protection Act.Therefore,work on tit project may not go forward unless and until a revised Notloe of intent Is submitted which provides sufficient Information and includes measures which are adequate b protect file Act's Interests,tend a final Order of Conditions Is issued.A description of this specific bftm don whish Is tricking and why it Is n ay Is attached to this Order as per 310 CMR 10.05($Xc). Inland Resource Area Impacts:Check all that apply below.(For Approvals Only) ❑ Buffer Zone Impacts:Shortest distance between I"of prod disturbance and wetland boundary(if eve llabie) t Resouroe Area Proposed Permitted Proposed Permitted Alteration Alteration Roplacament Replacement s. ❑ Bank a.DOW bd b. G Unm fad d.KnOW*9 4. ❑ Boncbring Vegetated VVMnd b.eRrura feet b,moat*fleet c,quo +t1M d.$Qum be S. ❑ Land Under a.squats fast b.square fast a*Qum*fad d equWa OW Watwbociles and Wye"s a.cu. d t.au: yd r«ae.a Mrd dradoetl e UK 98,24 PG 3 Massachusetts Department of Environmental Proteadon �I -� Sureau of Resource Protection-W ends �b w� DEP File Number WPA Dorm 5 -- Order of Conditions 242-1323 Massachusetts Wetlands Proteccdon Act M.G.L.c. 131, §40 8. Findings (cont.) Resouroar Area � p �posed moAke � �, nt Re met a ❑ Bordering land Subject to Flooding a square 1W b.squaw1iNt a ash feet a..a�iait Cubic Feet Flood Storrs" a,t iciaet i 0.aft last h T. 0 WOW land Subject to Flooding a.squars fest b.squaw i Cubic Feet Flood � c.cubic fart d.cu Vert a aiblreat #r�ic teed 8. p Riverhunt area a.aatat eq.fast bb.tabr 04.feet Sq It within 140 ft o,aquina trot d.#quemfeetf d C Square few L Sq It between 1 00o=ft e �--..- 100 equara fiat e,squaw fed f,a*wm f* Coaietal Resoume Area linpua:Check all that apply below. (For Aportnrals linty) g' ❑ Designated F°rt Indicate size under Land Under On tic een,below 10. 0 Land Under the Ocean a.squwa teat b.Square eatrt c.cu.yd aredgad d.auyd dredged 11. ❑ Barrier Beaches indicate size under Coastal Beaches and/or Crustal Dunes below 12. ❑ Coastal Beaches a square earl b.squaw trat a dy nou 0.ov naumhft 13, ❑ Coastal Dunes a.;,iUmm bb.sauw+ f+ret�et c.oy Mammc a.*nou WiR 14. p Coastal Banks e,1WW—Qa. Rocky Intertidal Shores a equage east b.squars liht i s. [] Salt Marsh" a.aquae fed b.aq� o.aq fast d.aqu«re,ffiat ir. (� Land Under Salt Ponds a.squaw feet b.s m ru.yd dnidgad d.cu.ydcu.yd 18. E] Land Containing Shellfish aa.sqwne b.squaw W a square fsatflat d.squwa feat i s. 0 Fish Runs Indicate size under Coastal Banks,Inland Bank,land Under the Ocean,arWor Inland Land Under Waterbodles and Wabeways, above a c.u.yd dredged b.+eu.yd dndpeq so. ❑ t,zntd suk+jedt to Coastal Stone FWmgo it wart feat b.squaw first rp►sss BK 9824 PG 4 Ela"achusetts Department of Environ mental Prottoon Dap File Number. �Bu�reau of Rmume PMtection-Wetlands e�4Df`evl PIL� Lil W PA Form 5 — Order of Conditions 242.1323 Massachusetts Wetlands Protec don Act-M.G.L. c. 131, W C. General Conditions Under Massachuseft Wefiandac Protection Act (only applicable to approved prof) 1. Failure to damply with all conditions trusted herein,and with d related statutes and other regulatory meusures,shall be deemed cause to revoke or modify this ONler. 2. The ander does not grant any property rights or any exclusive privileges;it does not authorize any injury to prMft property or Invasion of private rights. 3. This Order does not relieve the pwmMee or any otter penton of the rmesft of compyiry with all other applicable federal,state,or local statutes,ordinances,bylaws,or regulations: 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the worts is a maintenance dredging project as provided for In the Act:or b. the tkrie for completion has been extentled to is specified date more than three years,but leers than five years,from the date of prance.H this Order is intended W be valid for mora than three years,the extension date and the spwW circumstances warranithg the extended time period are W forth as a special condition in this Order. S. This Order may be extended by the issuing wftft for one or mors periods of up to three years each upon applicaft to the Issuing autho*at least 30 days prior to the expinablan date of the Order. 6. Any fill used In connection with this project shall be dean fill.Any 09 shall contain no trash,refuse, rubbish,or debris,including but not Umite d ter lumber,bricdcs,plaster,wire,lett,paper,cardboard, pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 7. This Cider Is not final until all adnninistradve appeal periods from this Order have elapsed,or If such an appeal has been taken,until sit proceedings before the Department have besot completed. S. No work shall be undertaken until the Order haat Mme final and then has been recorded in the Registry of Deeds or the Land Court for the district In which the land Is l oceited,within the chain of We of the affected property.In the arse of recorded land,the Final Order shall also be noted In the Registry's Grantor Index under the name of the darner of the land upon which the proposed work Is to be donee.In the case of the roistered land,the Finan Order shell also be noted on the Land Court. Certificate of Title of the owner of the land upon which the proposed work Is done.The recording information shall to submMed to this Conservation Commkolon on the form at the end of this ter, which form must be stamped by the Registry of Dreads,prior to the commencement of work. 9. A sign shd be displayed at the site not Ises then two square fent or more than three square feet in size bearing the words, "MaBeachusertts Department of Environmental Protection'for,"MA DEP"j "File Number 242�� wP&Vr 4=-my.MAN prptlaY BK 9824 PG 5 Massechusliexte De nment of ps Environmental Rrabc#tan 4,W DEP Fife Number: 8ur+eau of Resource Protection-•Wed ands WPA� Form 5 -- Order of Conditions 22-1323 Massachusetts Wetlands Protection Act MAL c. 131, §40 C. General Condlions Under Massschusetts Wetlands Prsffe don Act 10. Where the Department of Environmental Pro"art Is requested to Issue a Superseding Order,the Consa+ervatlon Commission shoo be sa party to all agency proceedings srW hearings bebre DEP. • 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(VWA Form M)to the Conservation Commission. 12. The work sheen c ono m to the plans and special conditions rsbrenced In this order. 13. Any change to the plans Identified to Condition a12 above shall require the a~to inquire of the Conservation Commission In writing whse#rer the change is significant enough to require the filing of a now Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shell halve the right to enter'and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions sued in this OnW,end may require the submittal of any date deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Co ndtilons shall apply to arty sauccesm In interest or successor In control of the property subject to this Order and to any contractor or other parson parfomribrg work conditioned by this Order. I S. Prior to are start of work,and N the~Introh+es wank adjacent to a Bordering vegaud ed Wetland, the boundary of the wetland in the Acinky of the proposed worts area shall be marked by wooden stakes or flagging.Once In place,the weftnd boundary ffedcerrs shelf be rrashrtatned until a carkif ew of Compliance has been Issued by the Conservation Comrrrisslon. 17. All sedimentation barriers shall be maintained In good repair until all disturbed arm have been fully stabilized with vegetation or other means.At no time shall sediments be deposited In a wetland or water body.During cwnWuction,the applicant or hWtw designee shell Inspect the erasion cw*xb on a daily basis and shad remain aluminated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shwa also Immediately notify the Conserveft Commission,which�the right to require additional erosion andW damage prevention:combat$ it may deem necessary.Sedimentation barriers shall serve as the limit of worts unless another hill:of work line has been approved by this Otde:'. 18. All work associated with this Order is required to corrrpttr with the Massachusetts Sum water Policy Standards.. Special Conditions: If you now more see attached lion WdWanW canallimsr, seem attach a text noixanerd � .. Vpubwaft M.Ma BK 9824 PG Massachusens D epeftent of Environmental Protevillon l Bureau of Resoume Protanu�P File Number:-Wetlands ,y�,� WPA Form 5 - Order of Cond1flons 242-1323 Massachusetts Wetlands Protection Act:M.4.L. c, 131, 640 0. Finding$ Under Municipal Wefands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? I@ Yes Q No 2. The North Andover hereby finds(check one that apple: ConsenraNan Commission 3. ❑ that the proposed work cannot be conditloneid to meet the standards act forth in a municipal ordinance or bylaw spaciftc*: a.Municipal ordinance or eylo* b.Cbdan Therefore,work on this project may not go forward unless and until a revised Nom of Intent Is submitted which provides measures which are aadequate to meet theissa standards,and as final Ander of Conditions Is issued. 4. [@ that the following additional conditions aro necessary to cw*with a munk*W and ri ance or bylaw: North Andover Wetland Protection pylow Chapter ITS a.Municipal ordir>wnce or Bylaw b.Chfllan The Commission orders that all work shall be perbmied in accordance with the t+oll>rwing conditions and with the Notice of Intent rereronc ed above.To the extent that the fitihmft conditions modify or differ from the plans.speditaft s,or other proposals submittir'd with the Nowe of Intent,the conditions shall control. If you food noon$ c. The spools]conditions-relating to rmnicipolordinancoorbylaware se follows: Spaca for add0muti See attached condit m, selad boor to aftach a text document wpa NMOAN M,win �Bav DRP'DILE 0 242-M K 9824 PO 7 Therefore,the North Andover Conwvatfon Coxttmission ame after 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 Abbreviated Notice of Intent referenced below. To, extent that ft Loll 2MOWM mmedifX or 4ft fan ft Rkm SM1691fim or oth Mg9aids subMLtted MA the NAkj of UktoL ft C 1. GENERAL CONDTI ONB 18.Failure to comply with all conditions stated herein,and with all related fttutes and other regulatory measures,shall be deemed Cain to revoke or modify this Order. 19.This Order does not pint any property rights or any exclusive privil+egaes;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 Fnviromnental 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 thio Order of Conditions, the Act(320 Clbi'R 10.00),the North Andover Wedand Bylaw and Regulations,and may require any information,measurements,photographs,obeervatlons,and/or materials,or may require the submnittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be bolted 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. 2D.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 np to one year each upon application to the issuing authority at least thirty days(30)prior to the expiration date of the Order (Rejir to Section 8.3(p.37)of the North Andover Wetland Regulations). 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. CAWWWOrM009"Forastsu".d" 1 XACC U x M - DEP FILE 0 242•.1323 BK 9824 PG 8 24. Where the Department of Environmental:t''rotecWn P")is requested to make a determination and to issue a Sup ding Order,the Conwvation Commission shall be a party to all agency kgs and hearings before the Departtnwnt. 25. This Order of Conditions is issued under Fffe No.242-132,3. 26.The conditions of this decision shall apply to,and be birtdirtg upon,,the applicant,owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27.The term"Applicant"as used in this Order of Conditions shalt n6t 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 shrill be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28.The proposed work includes: The tore vctimt of a 161x2r deck to an e4sth g sfngte:- family dwelling wi#4 n the Duffer Zane to Bordering Vgptated Wetlands(BVW). 29.The work shall confon n to the following(vocept as noted In the remainder of this document where revisions may be required): Abbreviated Notice of Intent filed by.. hfichael Foraft (Applicant) 990 Forest Street North Andover,MA 011e Site Plans and ANOI prepared by: Hancock Associates,entitled, "permit Site Platt for 990 Forest Street ', dated June 23,2003. Stamped&signed by John Gilbert Dick.ILLEL 30.The following wetland resource area are affected by the work:Bvfter Zone to Bordering Vegetated Wetlands(BVW).These resource areas are significant to the inftoes s of the Act and Town Bylaw asnoted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31.The NACC agrees with the applicant`s delle tion of the wetland resource are"on the site as shown on the plans dated referenced mi 0EP ME 0 242 tt BK 9824 PG 9 to waive these setbaclrs as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted In the No-rUturbance zone. (See Section 3.4 r Appendix.F of the local Regulations). 33.There shall be no ire in the pont developatent distl arges from the storm drainage system or any other clwnges in post development conditions that alter the post development watershed boundaries as currently depicted in the Abbreviated Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 34.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 tbataall contractors,subcontractors,and other personnel performing the permitting work are fully aware of the permits teams and conditions. Thereafter,the contractor will be held jointly liable for any violation of this, Order resulting from failure to comply with its conditions. 35.The owners of the project and their suceessm.in title,in the event they proud 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 inde rnru f y and hold fess 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. 36.Issuance of these Conditions does not in any way imply or certify that the site or downstream arenas will not be subject to flooding,storm damage or any other form of water damage. PRIOR TO CONSTRUMON 37.No work shall be undertaken until all admixxistrstive appeal periods from this Order have elapsed or,if such an appeal has been filed.,until all proceedings before the D"rtment or Court have been completed. 38.This Order shall be recorded by the applicaM 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 Keds 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 CAWines0rW0CVMWvM81SUvet 4 3 NACC 7/2600 • SEP ISLE#242-13n BK 9824 pe 1 0 of the owner of the land upon which the wock is infornmatlon shall be submitted to the Norproposed h Andover Ct►�rrvWbe on w.Commission ae form at the end of this Chlor prior to commencement of the work.Any Order not recorded by the aggli cant before work commences may be recorded by the NACC at the applicant's expense. 34. A sign shall be displayed at the site not less than two square feet or more than three square feet in sW bearing the words aMassachusette DEP,File Number 242,1M.- 40. Any changes in the submitted plans caused by the applicac*,another Eoard'a decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to iakplemerttatlon. If the NACC finds said charips to be significant the I IACC will call for another public hearing(at the wqxsft of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amendedOr new Orden of Conditions. Azty errors found in the plans or information submitted by the applicant shall be cr nsidered as changes.The proposed pip W 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+conshuction No work shall begin on a project until{writtm approval has been granted by the NACC. 41.It is the responsibility of the applica4 owner,and/or sucmwor(s)to ensure that all conditions of this Order of Conditions are complied with. The project Wgineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42.Prior to any work conunenci ng on-site,the applicant shall submit to the NACC for approval,a detailed sequence of tot+stmcdor4 including the construxceon of compensation and retention areas,installation of sediummtation/erosion control devices and re vegetation to be completed before other work begins on-site. 43.Wetland flagging shall be checked prior to tort of con ruction Bund shall be re- established where mein* All wetland flagging shall remain visible and enumerated per the approved plan(s)throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts caan 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 n►ainWned 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. C-MawordloaCl4ggFamltsfte*doc 4 NACC 7WAN I DU ELLE N U2-13U 9824 PG 11 U Since the deck soanotubes will be hand dry,+erosion controls are not required.However, the NACC reserves the right to impose the use of erasion coxrtrol(hay bales&silt fence)if the site oxhibiits earoaa►lon,or any noficea ale degrartladion of surface water guy discharging from the site. Should the erosion control be required by the NACC or the Conservation Department,they shall be installed within 48 hours of the request. The erosion control barnier wilt be properly installed(trenched 4-5-inches into the ground,backed by double-staked hay bales)and shall be ingpected and approved by the Conservation Department, These temporary erosion control measures shall remain intact urdil all disturbed areas have been permanently,stubilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the Department at the NACC. 45.A check payable to the Town of North Andover shall be provided in the anunu t of $5W,which shall be in all respects satisfactory to Town Counsel,Tom Treasurer,and the NACC,and shall be pasted with the North Andover Town Treasurer through the NACC before cornnencement of work. Said deposit of money shall be conditioned on the completion of all conditions havd,shall be signed by a party or parties satidwtory 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 NACCs review and approval. This condition is issued under the authority of the local Bylaw. 46.prior to construction,the applicant shall perms murk the edge of the 25'no- disturbance zone or existing tree line with site(6)markers evenly spaced every Z4eet incorporating the following text- Vrotected Wetland Resource Aree. This will designate their sensitivity and assure no further inadvertent encroaclun+ent into the wetland.These markers can be purch&ged at the Canservatlon tkTartment for$2.ba per marker.These permanent markers Ve 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. 47.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 parlour to transferriang,or assigning any portion of said herd to another patty,subject to said larders of Conditions,the"Compliance Certification Form Affidavit"attvJW via"Appendix A". signed under the pains and penuatlties 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 Departta wt at least five(5)business days prior to the closing of said land transaction. 48.Once these above mentioned pre-cony huction requirements are coxmplete,the applicant shall contact the Conservation Office prior to site Preparation orconstraction and shall arrange an on-site conference with an NACC l preaentative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this C:tWinwardl0tK�99oa an t dpa 3 MACC W26nM DEP FILE#242-1323 BK 9824 PG 1 Order are understood This Girder 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 assume 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 shell be provided as stotIft of the pre- construction meeting(e.&72 hours), DURING CONSTRUMON 49.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 50.There shell 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 Abbreviated Notice of lntentand approved by this Order of Conditions,unless specifically approved in writing by the Commission. 51.Water quality of the adjacent BVW shall not differ signifcantly Wowing completion of the project franc the pre-development conditions. 'There shall be no sedimentation into wetlands or water bodies from dwharge pipes or surface runoff leaving the site. 52.Any fill used in connection with this proper shall be clean fill,containing no trash,refuse, rubbish or debris,including but not limited to limber,bricks,plaster,wire,lath,►paper, cardboard,pipe,tim,ashes,refrigerators,motor vehicles or parts on any of the foregoing. ' 53.No exposed area shall remain unfritvshed for more than tivrty(M days,unless approved by the NACC. N soils are left to idle Veda than thirty days,,all ares shall be seeded with rye seed to provide immediate etabiltion. 54.The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and/ or habitat do not occur. 55. No re-grading in the buffer zone shall have a slope steeper than 2-1(horizontal:vertical). Slopes of steeper grade shall be rip-rapped or biodegradable erosion controls to provide permanent stabilization. 56.There shall be no stockpiling of soil or other materials within fifty(50)feet of any resource area. CAWinwvrd1000."0For 0ut.doac 6 NACC 7rMt 003 DEP NILE#242-On BK 9824 PS I 57. Washings from concrete trucks,or surplus m=ete,shalt not be direcW to,any,drainage system,or wetland resource area. 38. All waste generated by,or anted wlith,the construction activity within the construction �t3'shall be contained . area,and away from any wedand resouare area. There shall be no burying of spent constructim materials or dispel of waste on the site by any other means. The applicant shall maintain dumpsters(or othersuitable means)at the site for the storage and removal of such spent construction materials o"te. However,no trash dumpeirars will be allowed within W of ansa subject to Maecthon under th+e Act or local Bylaw. 59. During and after work on this project,tyre aban be no discharp 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 N.ACC-shall be nofiw by the applicant within one(1)business day. No construction vehicles are to be stored within 100 Beet of wetland resource areas,and no vehicle refueling,equipment lubrication,or maintenance is to be done within 100 feet of a resource area. AFnM CONSTRUCTION 60.No underground storage of fuel oils shall be allowed on any lot within one hundred(I.00) feet of any wetland resource area. This condition shall survive this Girder of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 61.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogm types (<5%),and shall not be used within 25 feet of a resource arm. Pesticides and herbicides shall not be used widdn 100 feet of a we#lau 4 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 Wotland pwtecb,on Bylaw and shall remain in perpetuity. 62.Upon completion of construction and gradin&all disturbed area located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loandng and seeding according to SM standards. 1£the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 63.Upon approved site Wabftatfon by C+imsestvathon staff,the+erosion eontmis shall be removed sad proMly disposed of and all+ncpMW.unvegetated areas shall be seeded. c:tWinwo1990For +Qat dao 7 NAM 7/26rAps DEP FIU#242.1323 BK 9824 PG 1 64. Upon completion of the project the applicant AuLU submit the following to the Conservation Comnnissilon as part of a request for a C dficate of Compliance: a. WPA Form 8A "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statarmts from the individual,property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. L The street address and s map/parcel munber for the project. g. The DEP file number. h. A written Statement from a Registered Professional Civil Engineer(and/or Registered Prafestsiottal Land Snrveyaar)of the Commonwealth cerMying that the work has been conducted as shown on the plan(s)and documents rreffetenced above,and as conditioned by the Commission. i. An"AB-Built"plan prepared:and signed and st uped by a Registered Professional Civil Engineer(and/or Registered Visional Land Swvepor)of the Commonwealth,for the public record. This pian will include: "As-Built" post-development elevations and gmdes of all filled or slurred wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. Distances frown structures to wetland resource are". Structures include(brut are not limited to)septic systems,additions,fences,sheds,stools,pools, retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extant of Odsting pion control devices. "Work" includes My disturbance of sails or vegetation. > vocation of all subsurface utilities entering the property. CAVYinwordD00994ForestSbve doc $ NACC MUM BK DLP FILE#243-1333 9824 PG 1 65.The following sped conditions shall survive the issuame of a mate of Compliance (COC)for this project: > V No-Disturbance Zone,a N No-Construction Zone shad be established from the edge of adjacent wetland remourc+e ansae. Future work within 10(Y of wdsting wetland resource areas will require a separate filing with the NACC(refer to Section XI(page 18)of the RegulatiOns for pedformarue 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(Condition#32); ➢ Discharge or spillage of pollutants(Condition#59); Prohibition of underground fuels(Condition#60); ➢ UnAtatione on the use of fertMimus,babuides,and pesWdes(Condition #b1). CAWin*v r4V3W9WotmtSb*t doc 9 NACC TIZWM DEP ME#242-13U BK 9824 PG 1 APPENDIX A---AFFIDAYff I, on oath do hereby depose and state: (authorized agent of applicant and/or owner) (PLEASE CH KX AT LBAS'1'ONE BLOCK) ].) 1 am theof {pau3tton with aPP�tI (appiitwes nWW) the applicant upon whom the Order of Conditions have been {DEP or NACC Pile�F} placed upon by the North Andover Conservation Commission(NACC). and j at 2) I am the of (po�with 0WTW) (Owner). the owner upon whose land Order of Conditions have been (DEP or NACC Fig#) placed upon by the NACC. s I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every comdltIOA,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this-day of 20----,I inspected said preppy together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this docurnent will be relied upon by the NACC,as well as any potential buyers of said property,which is subject to the Girder of Conditions. Signed Linder the pain and perWtm of perjury tt day of 20 (Authorized agent of applicant or owner) C:1W inwwd100C194QFoti at dvc to NACC UNWI D3 BK 9824 PG 1 Maesachusefs Department of Environmental Proction Bureau of Resource Protection-Wetlands , ��e�-vas DEP File Number: WPA Form S — Order of Conditions -1323 Massechuse is Wstiands Protedon Act M.G.L. c. 131, §40 E. luance This order is valid for three years,unless otherwise specilled as a spm ' Q 2 195- condition pursuant to General Conditions$4,from the dans of Issuance. i.ed.0 IMM Please Indkate the number of mwrftm who will sign this form: { This Order must be signed by a miQorky of the Conservation Oommisebn. I Nuftw of Slpnsre The order must be malted by certified mrd(retum receipt requested)or hand delivered to the applieaaft A copy also must be mailed or hand+dslly at the some time to the appropriate Department of Environmental Protection Regional ,if not tiling electronically,and the property owner,if ditmtt from applicant Signatures: �.J Notary AeknowlWasmerit Essex Commonwealth of Massacht County of North On thisDay of moo Yeu Before me,the undersigned Notary Public, ,"a personally appeared Now of >n SIMW proved to me through satisfactory evidence of Identification,which washOre Massachusetts License DeaerWm of evidence of iderrkllicom to be the person whose name is signed an do preceding or attached document,and acknowledged to me that helshe signed It voluntarily for its somd purpose. As member of North Andover Conservation Commission c4fro" r�lsrtr��lrrrr /'� t�ya p �ibo•1r.IfAG� SWAwre of NMy PON PrN'W of Pula 490 Place notary seat and/or any stamp Abovesyr � t This Order is issued to the applicant as follows: Rby hand delivery on ay certiflerd mall,rel m rec t requeftd,on 74 t&s Datr► t>Aw wn�+s,,�•ron.anAs ras.rav 9824 PMos"chuaet h Deparbnent of EtwironmentM Proftedon BK 1 ILIBureau of Resoume Protection-Wetlands Abbil'k DEP Fite Number. �V WPA► Form 5 - Order of Conditions 242-13.23 Massachusetts Wetlands Protection:Act M.G.L. c. 131, §40 F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of kind abutUng the land subject: to this Order,or any hen residents of the city or town In which such land is located,are hereby notified of their right to request the approprite DEP Rsgiorgil Oitiae to issue a Superseding Order of Conditions. The request must be made by certified mall or hand delivery,to the Department with the appy fiNng fee and a completed Request of Depstrritnerftl Action t=ee Transmittal form,as provided In 310 CMR 10.03(7)within ben business days from the date of Issuance of this Order.A copy of the request shall at the same time be sent by certified mae or hand delivery to the Conservation Commission and to the applicant, If he/she Is not the appellant.Any appellants se"g to appeal the Departmenrs Superseding Order associated with this appeal well be required to demonsfte prior pante gwftn In the review of this project. Previous participation In the permit prop soding means the submission of written information to the Conservation C mrnission prior to the clue of the public hearing,requesting a Superseding Order or Determination,or providing written Information to the Department prior to Issuance of a Superseding Order or Determination. Time request shall state cleartyr and oorrciaelyr ft objedorw to the Order whisks is being appealed and how the Order does not contribute to the protection,of the Interests,identified in the Maanachuasrstts vVedands Protection Ata,(MAL.c. 131,S 44)and Is InconsWril;with the weUnds regu rs(310 CMR 14.00). To the extent that the Order is based on ars mun*al ordinance or bytswsr,and not on the Massachuseit 1Meatlands Protection Acct or rseguisdons,the Depertrn+ent has no appellate jurist n. 8erdbiion Gi RacardbV inforatarWn is atnaliabNs on ttre following page. WWWMt dW-rw.anros r�.o.aaq t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands Ll I WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Michael Foraste use the return a. First Name b.Last Name c.Company key. 990 Forest Street d.Mailing Address rah 11 North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 990 Forest Street North Andover a.Street Address b.City/Town Map 105D Parcel 2 ( lo+ aA) c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude,if known(note: electronic filers will click for GIS locator): e.Latitude t.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 4395 241 c. Book d.Page 7. Dates: 7/1/05 /4 7 — 7 ct?c1 Q a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Da of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Permit Site Plan for 190 Fijv.s+ 5+ a. Plan Title Hancock Associates John Gilbert Dick,Z1 ,L..5. b. Prepared By c.Signed and Stamped by 6/23/05 1 =20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $215.00 $42.50 $ 172.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.311/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Abbrevinatj DEP File Number: WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ LandContaining Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f ® Protection of Wildlife Habitat g. ® Groundwater Supply h. Z Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource AreaImpacts:Check all that apply below. (For Approvals Only) ❑ Buffer Zone impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e,cu.yd dredged f.cu.yd dredged. wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands /�( ( DEP File Number: /t rJ��di���d Ll WPA Form 5 — Orden of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont:) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Rlverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Indicate sizeunder Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.ciy nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks,inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3!1105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands A16eVi e,S DEP File Number: a WPA Form 5 - Order of Conditions 242-1323 L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shah be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1323 " wpeform5.doc• rev.311105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands A�ru,,je� DEP File Number: WPA Form '5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Pape 5 of 9 Massachusetts Department of Environmental Prot e tion DEP File Number: Bureau of Resource Protection -Wetlands l'►Ab Ll WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds check one that applies):: Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans,specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE#242 -1323 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 Abbreviated Notice of Intent referenced below. To the extent that the following conditions modify or differ from the glans,specifications or other proposals submitted with the Notice of Intent, the conditions should control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00),the North Andover Wetland Bylaw and Regulations, and may require any information,measurements, photographs, observations,and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of*up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 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. C:\Winword\OOC\990ForestStreet.doc 1 NACC 7/26/2005 DEP FILE #242 -1323 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, 'the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.This Order of Conditions is issued under File No.242-1323. 26.The conditions of this decision shall apply to,and be binding upon, the,applicant,.owner, its employees and all successors and assigns in interest or control. These obligatins shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27.The term"Applicant" as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The construction of a 16'x22' deck to an existing single- family dwelling within the Buffer Zone to Bordering Vegetated Wetlands (BVW). 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Abbreviated Notice of Intent filed by: Michael ForasO (Applicant) 990 Forest Street North Andover,MA 01845 Site Plans and ANOI prepared by: Hancock Associates,entitled, "Permit Site Plan for 990 Forest Street", dated June 23,2005. Stamped &signed by John Gilbert Dick, R.L.S. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW).These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas, Buffer Zone, and Riverfront Resource Area proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot(50')No-Construction Zone shall be area established from the edge of the adjacent wetland resource (BVW). The Conservation Administrator and/or other agents of the NACC do not have the authority C:\Winword\OOC\990ForestStreet.doc 2 NACC 7/26/2005 DEP FILE #242 -1323 to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4& Appendix F of the local Regulations). 33. 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 Abbreviated Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 34.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. 35. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commissions jurisdiction under the order;agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. 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. 38. 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 C:\Winword\OOC\990ForestStreet.doc 3 NACC 7/26/2005 DEP FILE #242 -1323 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 maybe recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1323." 40. 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. 41. 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. 42. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 43.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of. Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. C:\Winword\OOC\990ForestStreet.doc 4 NACC 7/26/2005 DEP FILE #242 -1323 44. Since the deck sonotubes will be hand dug, erosion controls are not required.However, the NACC reserves the right to impose the use of erosion control (hay bales &silt fence) if the site exhibits erosion,or any noticeable degradation of surface water quality discharging from the site. Should the erosion control be required by the NACC or the Conservation Department,they shall be installed within 48 hours of the request. The erosion control barrier will be properly installed(trenched 4-6-inches into the ground,backed by double-staked hay bales)and shall be inspected and approved by the Conservation Department. These temporary erosion control measures 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 Department or the NACC. 45. A check payable to the Town of North Andover shall be provided in the amount of $500,which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project,provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 46. Prior to construction, the applicant shall permanently mark the edge of the 25' no- disturbance zone or existing tree line with six(6) markers evenly spaced every 25-feet incorporating the following text: "Protected Wetland Resource Area This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These markers can be purchased at the Conservation Department for$2.00 per marker.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. 47. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification Form 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. . 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 C:\Winword\OOC\990ForestStreet.doc 5 NACC 7/26/2005 DEP FILE#242 -1323 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 49. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 50. 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 Abbreviated Notice of Intentand approved by this Order of Conditions,unless specifically approved in writing by the Commission. 51. Water quality of the adjacent BVW shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 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. If soils are left to idle greater than thirty days, all areas shall be seeded with rye seed to provide immediate stabilization. 54. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped or biodegradable erosion controls to provide permanent stabilization. 56. There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource area. C:\Winword\OOC\990ForestStreet.doc 6 NACC 7/26/2005 DEP FILE #242 -1323 57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 58. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or'other suitable means)at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 59. 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 60. 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. 61. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 62. 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 loan-ting and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 63. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. C:\Winword\OOC\990ForestStreet.doc 7 NACC 7/26/2005 DEP FILE #242 -1323 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. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems,additions,fences, sheds,stonewalls, pools, retaining walls, subsurface utilities and 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. C:\Winword\OOC\990ForestStreet.doe 8 NACC 7/26/2005 DEP FILE #242 -1323 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone,a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. 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(Condition#32); ➢ Discharge or spillage of pollutants (Condition #59); ➢ Prohibition of underground fuels (Condition#60) ➢ Limitations on the use of fertilizers, herbicides, and pesticides(Condition #61). C:\vv'inword\OOC\990ForestStreet.doe 9 NACC 7/26/2005 DEP FILE #242 -1323 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 ,I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 I (Authorized agent of applicant or owner) C:''Winword\OOC\990ForestStreet.doc 10 NACC 7/26/2005 Massachusetts Department of Environmental Pro ection - Bureau of Resource Protection -Wetlands re Vi oAcJ DEP File Number: WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance ,,, This Order is valid for three years, unless otherwise specified as a special ;7b S condition pursuant to General Conditions#4,from the date of issuance. 1.Date dt Issua ce Please indicate the number of members who will sign this form: S This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand deiive ed at the same time to the appropriate Department of Environmental Protection Regional ce, if not filing electronically, and the property owner, if different from applicant. Signatures: _ / f Notary Acknowledgement Commonwealth of Massachusetts County of Essex North � w � _ oZDO.S On this pay -.2,7 Of Month Year Before me, the undersigned Notary Public, Se flu sS� personally appeared Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown ItD NowpE coe>IuonwEFitINaFWSW� Signature of Notary Public " .,y Comb Aug. DOhn,¢ f l 4/6-0-- Printed Nameof N tary Public Place notary seal and/or any stamp above /7 UP,0( My Commission Expires(Date) This Order is issued to the applicant as follows: R(by hand delivery on oy certified mail, return receipt requested,on 749/C1S Date Date wpaform5.doc• rev.X1105 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands �a L11 WPA Form 5 - order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1105 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection --Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- Ta North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1323 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.311105