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HomeMy WebLinkAboutMiscellaneous - 205 DALE STREET "°°r`1 TOWN OF NORTH ANDOVER VARIANCEr°4 "o ZONING BOARD OF APPEALS r~T R 205 AUG i . NAME: »„..� F-SlL�t � S�/L1 /�- J— Tss�c►wsE. ADDRESS OF APPEAL: z� `� �'"`s 12 Tib ANDOVER Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be submitted thirty U days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the time periods prescribed may result in a dismissal the PREPARATION OF LEGAL NOTICE: Zoni Board of an application as incomplete. � The Office of the Zoning.Board of Appeals schedules the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7:DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The t:AD The petitioner picks up the legal notice from the Office pe applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 9. PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in hislher behalf,or be Board of Appeals for a Variance. All information as . represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using Sten 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17,within twenty(20)days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk- STEP lerkSTEP 5: SUBMIT APPLICATION: Step 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the;Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with tform and forward it to the Zoning.Board of Zoning Board of Appeals secretary. D p and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev&ServiRD OF APPEALS 27 Charles Street, North Andover, 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Page 2 of 4 Application for a VARIAN C E Zoning Board of Appeals 1. Petitioner: Name, address and telephone number- 5/`P_ /vo 12 )./ rtl ID ZP– CS 7/G "The petitwner shay be entered on the legal nobm and the decton as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: :T7n�t�S Cr AN�3 SHN�2A -7`1/0,-uyA-)5 D 10S i 2F ,vo 12-TN ANC) 0"e2 A,rq 1-Y 5- Years Owned Land: 3 �i t 14 R s 9 78- 6 - 7/6 6 3. Location of Property: a. Street: a Q5 -1260E f Te c Zoning-District 121- 1. b. Assessors: Map numbers 7 9 Lot Number: L y c. Registry of Deeds: Book Number Page Number. 16 8 4. Zoning Sections under which the petition for the Variance is made. 11. 1,36 (3)6�� -Refer W the Perm Denis and Zoning By-Law plan Review as supplied by the Big 5. Describe the Variance request P110— E2SQANSIU/�.l [�r'- !/ S%RCr[%L'/Gf� 1 SCA/Z D Ut1lf(Ai ©�4f 1­-)151-1(L$AuCE� ZLSN ` LAJ `� soar slava be used for the #rE2 v H Ep i f t c��+ni D�s�2 << f3 y z b _ Zoning �a� l rpose the led notice and deacon. A more detailed desc�iptim is twined to the pursuant as cited on page 4 oft his appliicatimL Failure by the applicant to clearly describe the request nW nm*in a decision that does not add the intent of the applicant. The decision wN be knited.to the request by the appy and wM not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. �fflRIANCC� nrI'F0 5--c(1 4--L'% C(1r B. olp Page 3 of 4 Application for a VARI NC Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq- Ft, Coverage Feet Spaces Front Side A Side B Rear C. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking Mmrmum Lot set Baric• Sq. Ft. Sq- Ft. Coverage Feet Spaces Front Side A Side 6 Rear 96 lit )78 6,0 d.Lot Area Open Lot: (As required by Zoning By-Law) + Pen Space Percent Lot Frontage Parking Minimum Lot set Back Sq.Ft. Sq. Ft Coverage feet Spaces Front Side A Side B Rear 7. a Existing Buildings: Ground Floor Number of Trial Use of Square feet Floors Sq feet Building* 'Reference Uses from the ZwwV By-law.State nurnberof units in bufng, b. Proposed Buildings: . Ground Floor Number of Total Used Square feet Flom Sq-feet Building* Zed Z `76 cc FzE5,Pe 'Reference Uses from the Zoning By-Law.State nurnl r of units in building. 8. Petitioner and Landowner signature(s) Every application fora Variance shah be made on this form which is the official form of the Zoning Board of Appeals. Every application shalt be filed with the Tann Clerk's Office. It shad be the resporisitay of the petitioner to furnish all supporting docurnerkabonwkh this application. The dated cry of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the alocant from this responsb ft The petitioner shall be espons A for all expenses for filing and lege notification_ Failure to conplywith bionrequvernerits,as ated herein and in Zorwv Board Rules and Regulations may result in a Oby therd of fhis application as kicomplete Si nature U4" rm-��, Type above name (s) here Z"prur S G . —F 1/0 Nt 0 ti S PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a 1) 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 I1)One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and II1) Plan prepared the North Andover Zoning By-laws, all dimensional r a d SurveyoRegisteredr, with Professional requirements shall be dearly identified and factual) Engineer and/or Land Surveyor, with a block for Y five(5)ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. A. The particular use proposed for the land or *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: structure. I- 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 the is located_ kings on adjacent properties PrOI�'ty 6. locations of tui 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 In Legend A 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 or substantially derogating from the intent or purpose surveyou 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 docks,sheds,and garages, application. shall require only the information i P� as educated with an.asterisks(*). In some cases further information may 10.PLAN OF LAND be required Eadh application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11.APPLICATION FLING FEES must be submitted with this application to the Town 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 P 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. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1'x2-5/8"(3 dies Major projects are those,which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, C. Administrative fee of$50.00 per application. H)three(3)or more dwelling units, III)2000 square feet of gilding area. ►► A Variance once granted by the ZBA will lapse in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.-4 features, plans must show detailed utilities, soils, and topographic information. Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address RB 64 James Timmons 205 Dale Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 37.8 2 North Andover Realty Corp 0 Dale Street North Andover,MA 01845 mailing address: 459 East Broadway Haverhfll,MA 01830 373 3 Agnes McCollister 206 Dale Street North Andover,MA 01845 37.B 4 Daniel.Takesian 198 Dale Street North Andover,MA 01845 37,B 5 George Dyer 190 Dale Street North Andover,MA 01845 37.6 21 George Boutselis 90 Appleton Street North Andover,MA 01845 37.B 22 Augustine Salvetti 185 Dale Street North Andover,MA 01845 373 23 Mark&Stephanie Aude 201 Date Street North Andover,MA 01845 37.6 24 James Timmons 203 Dale Street North Andover,MA 01845 373 25 Daniel Giard 130 Appleton Street North Andover,MA 01845 37.6 26 Robert Cheevers 106 Appleton Street Nath Andover,MA 01845 37.B 27 Stephen&Card Hay 100 Appleton Street North Andover,MA 01845 37.8 28 140 Appleton St Realty Trust 140 Appleton Street North Andover,MA 01845 37.B 66 Emile Giard 130 Appleton Street North Andover,MA 01845 64 12 Jan Bajan 218-220 Dale Street North Andover,MA 01845 mailing address: 220 Dale Street Nath Andover,MA 01845 64 13 Edward Morgan 228 Dale Street North Andover,MA 01845 64 21 John Vincent 11 Bear Hit Rd North Andover,MA 01845 64 62 Bernard Family Realty Trust 10 Bear HUI Rd North Andover,MA 01845 64 76 Stephen Querzoli 259 Dale Street North Andover,MA 01845 64 78 Eric&Jennifer Jones 41 Bear Hill Rd ' Nath Andover,MA 01845 64 79 Rodney Kurtz 53 Bear HE Rd Nath Andover,MA 01845 64 80 Michael Hunter 65 Bear Hill Rd North Andover,MA 01845 64 81 David McGillivray 77 Bear Hill Rd North Andover,MA 01845 64 82 Patricia Fad 89 Bear Hili Rd North Andover,MA 01845 64 110 Frank Lazzarino 477 Bear Hill Rd North Andover,MA 01845 64 134 Laurence Pare 29 Bear Hill Rd North Andover,MA 01845 Date 7/5/2005 Page i of 1 This certifies that the names appearing on the records of the Assessors Office as of Certifie y: Date r- 3 rAJC 17 05 01 : 55p NORTH ANDOVER 970E809542 P. 1 Dow meat T.. e9 400 Osgood St Nor*AndavW,MA,08"I �a e5 e. s ,7 6 Y (6n .. A Imo: tit o to yourAPPIO "Io pia"be FAIV5=6 WM imw"Min", nd DMED ftr do t Ides town NOW A LOAMFFtanbw ! Lot am I� ! Mm�tlM 2 Lot Arty e3 2 KG5 3 Lct AM 3 4 102utOdW t 4 Nt lident um4 NQ t over FtorltoQ� 9 s C AM 2 Not AkPWW �AM �1cS ru �86o9i c S l t:BA lafamatlou H9&dkVM HNOM c WWI* 4 AM saMcM=w4ke5 1 F.aaonad4 tA�uclttsun 2 e= S Insufacime 2 LA Mft 4 3 tis , 4 IMbTaWit 4 5 Raw InSUMAt T- cavww 4 ! 3 ! Not in 4 9 rA 2 InI `IVs aw 4 Zwm tv bc 2 5 tom *hwWwAfim INV 18! ItuRlldr4 E K � 2 WIR dWMId rt&S 2 PS ilia+asc -AM I�Y!�I � Lot Pant ft Lot AM 3..ttG4--T' 4 • F�fi7dt _ I (.a'�4x'�i d31Ssawd m pwrafB Mau gemPOW= 'osa8t2 � # P�eaM 2 I POTM un tK7t Litld twt sir li3aiP P-6 IAF .. lasrliut a � Au,�d6x�00p�sie�t pkyeayi�rsb �, ,; :.e • � a6alRagsm�star Chas sr� Exysax�.'ern" � t�Mi 4L��l46�.'f�41 ��i151Ft €3vektsr� flUg 17 05 01 : 58p NORTH ANDOVER 9780889542 p. 1 s Plan Review Nwn*n Tto follcn*p nonalm b pMWdod to fiNtl46f'GXPW ft MOM faa'ds"far pemgt tc r ttm poap �k on tlf9 tavosse stria: flvGTld ry C (ve 7(y 5 m � /I9D n Tom! 18�v+or .�UN�e• i5 1 A W - cb� S/O m7` r`w p �O ' /L+U t Gj N � 6 XVr,iofJ rYd 4•.r �GcaA.3 aSp rr Jf. i PP-f4fab XC-5 1 F I Refonmed TO: AM- •� summa NEW ENGLAND ENGINEERING SERVICES lk - INC August 17, 2005 North Andover Board of Appeals 400 Osgood Street North Andover,MA 01845 Re: 205 Dale Street,North Andover Variance application Dear Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A.The particular use proposed for the land or structure. The proposed use for the proposed structure is as a single family dwelling. B.The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The dwelling which exists on the property is located at the edge of the non-disturb zone. The dwelling was constructed in 1473 prior to the enactment of the watershed protection bylaw. The existing dwelling is built in to the side of the hill preventing expansion in to the hill. The driveway is located in the front of the dwelling. Expansion of the dwelling to the rear would require the construction of a driveway for access which would require the creation of more impervious area in the non-disturbance zone than is created with the current proposal.The small size of the existing house makes the requirement of keeping additions less than 25%of the existing floor area a larger burden on this property than most existing properties in the non-disturb zone. . C.Facts which make up the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. The Timmons' have lived at the property for 33 years having built the current structure themselves. Having to move to another location or raze the existing house and construct the new structures outside the 100 foot non-disturb zone would be a financial hardship which would be to great for them to overcome. 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good The property is located in a single family residential zone. The use will remain as a single family dwelling.The addition is located a large distance from the structure on the adjacent property and will not be detrimental to that structure or the neighborhood in general. The project is designed to have no impact on the water supply.A statement of why the impacts are reduced is enclosed. E.Facts relied upon to support a fording that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent and purpose of the bylaw is to protect the inhabitants of the town and the properties within the town. Since the property is residential and the neighborhood is residential there will be no degradation of the neighborhood which is consistent with the purpose and intent of the bylaw. Since the existing dwelling will be connected to town sewer and the roof runoff will be infiltrated in to the ground the project will have no negative impact on the water supply. F.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benjamin C. Osgoo dr.,P.E. President STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF A GARAGE ADDITION 205 DALE STREET,NORTH ANDOVER, MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water volume runoff from impervious surfaces. • Chemical loading as a result of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters,i.e. Lake Cochichewick due to the following: • The site is currently serviced by a septic system which will be replaced by a municipal sewer. • Erosion control consisting of double staked haybales backed by siltation fence will be installed between the project site and the downstream wetland areas to prevent siltation during construction. • Increases in storm water volume will be absorbed by infiltration of roof water runoff in to the ground. • Use of organic and low nitrogen fertilizers and curtai • the use of reduce the potential chemical loading in to adjacent wetlands. pesticides will • Maintaining a 25' buffer zone area will promote on site treatment of runoff water. Application of the above measures will result in no increase in concentrations of nitrogen, Phosphorous and other dissolved ino rganac chemicals.The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 205 Dale Street,North Andover. Benj '' t .,P.E. cy�� CyG BEN AMAIN C. OSG000,JR. CIVIL. NO. 1 G! T RECEIVED J YCEBRADSHAW r'v " i f WATERSHED SPECIAL PERMIT APPLICATION 205 DALE STREET NORTH ANDOVER, NIA 01845 PREPARED FOR JAMES AND SANDRA TIMMONS NORTH ANDOVER,MA 01845 JULY 5, 2005 PREPARED BY: NEW ENGLAND ENGINEERING 60 BEECHWOOD DRIVE NORTH ANDOVER,MA 01845 -jN OF mss off' �cyG BENJAPIN C. a 0sQ000,JR. -� V N CIVIL NO.46891 AL Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: ,1AAA6 5 5 AAJ 9 R!4 T 1 M M D nJ S Petitioner's Address: 20.E 37A 6E eiTaGt: 11 AJc>PW1 AAJ��►� Telephone number: 178- 6 85- 716 6 2. Owners of the Land; T)4MES } S,4AI0 124 Tl MMO/V Address: Z%%S" #4LZ g=67 NRwa' AtO leo✓e4- Number of pears of ownership: 30+ 3. Year lot was created: 14 7,3 _ 4. Is the lot currently on septic or sewer? n e- lf on sewer,please provide date the sewer connection was completed: 5. Description of Proposed Project: ftPP ikon/ D'-= 6--",l G-E 7.2 6. Description of Premises: r wsst N 6,- go_760'2 1�' L-o'7- L,-/ i� St.0 CrLr' 0LAf 61-LJ1u G- 7. Address of Property Being Affected ol CS DALE St Ql~e—I Zoning District: - Assessors: Map: 37Lot# (, Registry of Deeds: Book#: ' Page#; BOR R 8. Existing Lot: Lot Area(Sq.Ft) qn,7h 2 BuBdingHeigbt 2 5 : Street Frontage: 76-' Side Setbacks: go' 9 Front Setback: 1VO If Rear Setback: !y0 Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) 44'1?6 A Building Height -kj� Street Frontage: 7 5' Side Front Setback: 3100, Rear Setback: 11{o Floor Area Ratio: Lot Coverage: 18. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 87, 1 R o Building Height 35 Street Frontage: 17S Side Setbacks- 3t> ' Front Setback: 30• Rear Setback: 1301 Floor Area Ratio: Lot Coverage: NI a 11. Existing Budding(if applicable): Ground Floor(Sq.Ft.) 1(0 8 0 #of Floors: 2 Total Sq.Ft. 25hiy Height: 2S` Use: Rej�,r o t„n g4- t7,.,j g jLjtr- Type of Construction c. � VP-A'wg 12. Proposed Budding: Ground Floor(Sq.Ft.) 31 Z o #of Floors: Z Total Sq.Ft. 54 2 H Height: ad ' Use: Type of Construction w o.ag fza.q-42 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? AV O If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested N,13,6 �-4 G CL-L) 10 aIE &Y,LI& t at G CAi...t.,,ts) 3 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall he made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: 9L C (9-,A Print or type name here:__ ge,?- , C, 1�ss ooQ 45 i Owner's Signature: e-9"d 4z;7 M.T 7T n Print or type name here i,,a .., C r�s�Ov.�✓ 1�•[� 16. Please list title of plans and documents you will be attaching to this application. WATERSHED SPECIAL PERMIT APPLICATION 249 MARBLERIDGE ROAD NORTH ANDOVER, MA 01845 INTRODUCTION This application is being submitted to allow the construction of a garage addition to the existing home in the watershed protection district. The site is currently one single family lot with 75 feet of frontage and 90,762 square feet of area and is improved with a single family home and appurtenances.The lot as it exists today is fully landscaped with a mowed lawn which is used as yard and a horse coral. The enclosed plans propose the construction of a garage addition to the existing dwelling. The new garage is proposed as being constructed within the non discharge buffer zone associated with the wetlands at the rear of the property as allowed by the bylaw. The structure on Lot 2 however is located within the non discharge buffer zone of a wetland located on the opposite side of Marbleridge Road. This wetland does not receive flow from the site or from Marbleridge Road and a variance is to be sought from the Board of Appeals. SPECIFIC SPECIAL PERMIT REQUESTS 4.136(3)(c)(ii)(1)Changes in Topography or Grade Grading for the homes and the infiltrator areas will occur in the Non-Disturbance Buffer Zone. 4.136(3)(c)(ii)(2)Vegetation removal or cutting Grading for the addition and construction of the addition will cause the removal of existing lawn areas.No tree would be cut in association with the construction. 4.136(3)(C)(ii)(5) Increases in surface water discharge In conjunction with the construction of the garage there is an increase of impervious area resulting in a potential increase in storm water runoff. To offset the increase the existing structure and the proposed garage will have the roof runoff directed in to gutters and in to an infiltrator system which will infiltrate the increased flow in to the ground. The result of this infiltration is to reduce the flow from the site due to the fact that all of the water from the proposed roof will be infiltrated in to the ground. 4.136(3)(c)(iiiX3) Expansion of an existing structure in the Non-Discharge buffer zone Construction of the garage addition attached to the existing house.A variance will be sought to allow the expansion of the home by more than 25%within the Non-Discharge Buffer Zone STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF A GARAGE ADDITION 205 DALE STREET,NORTH ANDOVER,MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water volume runoff from impervious surfaces. • Chemical loading as a result of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters,i.e. Lake Cochichewick due to the following: • The site is currently serviced by a septic system which will be replaced by a municipal sewer. • Erosion control consisting of double staked haybales backed by siltation fence will be installed between the project site and the downstream wetland areas to prevent siltation during construction. • Increases in storm water volume will be absorbed by infiltration of roof water runoff in to the ground. • Use of organic and low nitrogen fertilizers and curtailing the use of pesticides will reduce the potential chemical loading in to adjacent wetlands. • Maintaining a 25' buffer zone area will promote on site treatment of runoff water. Application of the above measures will result in no increase in concentrations of nitrogen, phosphorous and other dissolved inorganic chemicals.The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 205 Dale Street,North Andover. Benj Jr.,P.E. ss BENJAMIN C. `stn v OSGOOD,JR. CIVIL MI: Gf;3TtR� ` ION j40Rr,, Town of North Andover a Office of the Planning DepartmentT0li- -.� �.. rFI;,c Community Development and Services Division 400 Osgood Street 5 0 Y l 6 F N ! SAC14usNorth Andover,Massachusetts 01845 Town Planner. Lincoln Daley NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: November 15,2005 Date of Hearing:August 16,2005— November 1,2005 Date of Decision: September 20, 2005 Petition of James and Sandra Timmons Premises Affected: 205 Dale Street, North Andover, MA 01845, within the Residential 1 (RI) Zoning District,Assessors Map 37B,Lot 64. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136. So as to allow: the construction of a 60' x 24' garage addition to the existing single-family residence and extension of the Town water and sewer networks to the existing residential dwelling within the Non- Disturbance and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: Signed: Lincoln Daley,Town Richard Nardella,Chairnlat► John Simons,Vice Chairman Alberto Angles Jack Green Richard Rowan,Alternate cc: Conservation Administrator Fire Chief Director of Public Works Applicant Health Administrator Engineer Building Inspector Abutters Police Chief Assessor BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on November 1, 2005. James and Sandra Timmons, owners and applicants appeared before the Planning Board. On November 15, 2005, the Planning Board granted Watershed Special Permit to construct a 60' x 24' garage addition to the existing single-family residence and extend the Town water and sewer networks to the existing residential dwelling within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by James and Sandra Timmons of 205 Dale Street, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. APPENDIX A In accordance with 4.136 the Planning Board makes the finding that the intern of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following fads: a) The intent of this application is to connect both structures to the Town's water and sewer network. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to the residential dwelling. e) The construction of garage addition and utility extensions have been reviewed by the Division of Public Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Coduchewick. 2. There is no reasonable alterative location outside the Non-Disturbance and the Discharge Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District. 2 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use, 5) The existing lot conforms to the miunmum lot area requirernerts for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific fording that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. 8) A Variance was granted by the Zoning Board of Appeals from Section 4, Paragraph 4.136(3xcxn)(6) of the Zoning Bylaw in order to allow the construction of a new permanent structure greater than 25%of the gross floor area of the existing structure on October 11,2005. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand dollars ($1,000.00) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to issuance of the Certificate of Occupancy: a) The applicant must submit a letter from the Division of Public Works verifying that the municipal sewer and water has been extended and connected to the residence and constructed in accordance with Town guidelines and specifications. 4) Prior to release of the Performance Bond: a) The applicant shall submit an asbuilt plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan- 3 5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#10. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 15, 2007 on which the Special Permit was issued,unless substantial use or construction has commenced. 10) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land in North Andover,Massachusetts Assessor's Map 37B Lot 64 Prepared for: James G. &Sandra J. Timmons Prepared by: Pembroke Land Survey Co. P.O.Box 205 Salem,New Hampshire,03079 Scale: 1"=401 Date: June 20,2005,Revised July 20,2005 Sheets: 2 4 NORTH Town of North Andover � RECEIVE[) �Gp Office of the Plaiuung DepartmentTOY _w . OFF Community Development and Servicesvision � o a PP - 400 Osgood street H0Y 16 '1J gOptreo�fiy,�5 b P "F' 24 9SSaceao5�` North Andover,Massachusetts 01845 TO!')N! ,, Town Planner. }' l i'�tl Lincoln Daley NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: November 15,2005 Date of Hearing:August 16,2005— November 1,2005 Date of Decision: September 20,2005 Petition of James and Sandra Timmons Premises Affected: 205 Dale Street, North Andover, MA 01845, within the Residential 1 (RI) Zoning District,Assessors Map 37B,Lot 64. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow: the construction of a 60' x 24' garage addition to the exWng single-may residence and extension of the Town water and sewer networks to the existing residential dwelling within the Non- Disturbance and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: Signed: Lincoln Daley,Town PQnner Richard Nardella,Chairman John Simm,Vice Chairman Alberto Angles Jack Green Richard Rowen,Alternate cc: Conservation Administrator Fire Chief Director of Public Works Applicant Health Administrator Engineer Building Inspector Abutters Police Chief Assessor BOARD OF APPEALS 6889541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 k The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on November 1, 2005. James and Sandra Timmons, owners and applicants appeared before the Planning Board. On November 15, 2005, the Planning Board granted Watershed Special Permit to construct a 60' x 24' garage addition to the existing single-family residence and extend the Town water and sewer networks to the existing residential dwelling within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover,Zoning Bylaw. This Special Permit was requested by James and Sandra Timmons of 205 Dale Street, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. APPENDIX A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, thea will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the fallowing facts: a) The intern of this application is to connect both structures to the Town's water and sewer network b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Townwater and sewer lines to the residential dwelling. e) The construction of garage addition and utility extensions have been reviewed by the Division of Public Works, Town Planner, and Causervation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. j 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge,structure or activity. f N over law, the P Board makes the In accordance with Section 10.31 o the North And fanning B3' following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm waxer and erosion controls have been placed on the site, 2) The use will not adversely affect the neighborbood as the lot is located in a Residential 1 Zoning District. 2 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper gm-&on of the proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in hannony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and waxer lines will be dove in accordance with the guidelines set forth by the Division of Public Works. 8) A Variance was granted by the Zoning Board of Appeals from Section 4, Paragraph 4.136(3xc)(ii)(6) of the Zoning Bylaw in order to allow the construction of a new permanent structure greater than 25%of the gross floor area of the existing structure on October 11,2005. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board, 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand dollars ($1,000.00) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or mantenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3) Prior to issuance of the Certificate of Occupancy: a) The applicant must submit a letter frown the Division of Public Works verifymg that the municipal sewer and water has been extended and connected to the residence and constructed in accordance with Town guidelines and specifications. 4) Prior to release of the Performance Bond: a) The applicant shall submit an asbuilt plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm waxer mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 3 5) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#10. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 15, 2007 on which the Special Permit was issued,unless substantial use or construction has commenced. 10)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: , Plan titled: Plan of Land in North Andover,Massachusetts Assessor's Map 37B Lot 64 Prepared for. James G. &Sandra J. Timmons Prepared by: Pembroke Land Survey Co. P.O.Box 205 Salem,New Hampshire,03079 Scale: 1"=40' Date: June 20,2005,Revised July 20,2005 Sheets: 2 4 of "Use Town of North Andover R E#/�/�^Iy�' DIVED Office of the P De artme ! + . „ laYlliiiig P �70Y��� t' L��� s OFFICE x Community Development and Services vision Z�05 NOV 16 F '' '-�_-_.`4�• 400 Osgood Street M 4 North Andover,Massachusetts 01845 Town Planner. NORTH Lincoln Daley MASSAm:;!sF F NOTICE OF DECISION This is to certify;that twenty(2o)days have elapsed from date of decision,filed without filingof n appeal. Any appeal shall be filed Date OS within(20)days after the doyoe A,gads aw date of filing this notice in Town Clerk the office of the Town Clerk. Date: November 15, 2005 Date of Hearing:August 16, 2005 November 1,2005 Date of Decision: September 20,2005 Petition of: James and Sandra Timmons Premises Affected: 205 Dale Street, North Andover, MA 01845, within the Residential 1 (RI) Zoning District,Assessors Map 37B,Lot 64. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136. So as to allow: the construction of a 60' x 24' garage addition to the existing single-f milt' residence and extension of the Town water and sewer networks to the existing residential dwelling within the Non- Disturbance and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: Signed: � Lincoln Daley,Town Richard Nada,Chairman John Simons,vice Chairman Alberto Angles Jack Green Richard Rowers,Atter ide cc: Conservation Administrator Fire Chief ATTEST: Director of Public Works ApplicantTrue Copy Health Administrator Engineer aBuilding Inspector Abutters Police Chief Assessor Town Clerk BOARD OF APPEALS 6W9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on November 1, 2005. James and Sandra Timmons, owners and applicants appeared before the Planning Board On November 15, 2005, the Planning Board granted Watershed Special Permit to construct a 60' x 24' garage addition to the existing single-family residence and extend the Town water and sewer networks to the existing residential dwelling within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by James and Sandra Timmons of 205 Dale Street, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Cleark. APPENDIX A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw; as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochwhewick The Planning Board bases this fording on the following fads: a) The mtect of this application is to connect both structures to the Town's waxer and sewer network b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to the residential dwelling. e) The construction of garage addition and utility extensions have been reviewed by the Division of Public Works, Town Plant, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Cochicheww 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for The proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District. 2 3) Tbere will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate fanilities are provided for the prayer operatic of the Proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Ramal 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and inert of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. 8) A Variance was granted by the Zoning Board of Appeals fimn Section 4, Paragraph 4.136(3xc)(ii)(6) of the Zoning Bylaw in order to allow the construction of a new permanent structure greater than 25%of the gross floor area of the eadsting structure on October 11,2005. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one thousand dollars ($1,000.00) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-builtt. plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn cane or maintenance. The appticartt shall incorporate this condition as a deed restriction and a copy of the recorded' deed did be submitted to the Town Planner and included in the file. 3) Prior to issuance of the Certificate of Occupancy: a) The applicant must submit a letter from the Division of Public Works veri6mg that the municipal sewer and water has been extended and connected to the rice and constructed in accordance with Town gum and specifications. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Evineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan b) The Planning Board must by a majority vote make a finding drat the site is in conforYrrance with the approved plan. 3 5) In no instance shall the applicant's proposed construction be allowed to further impact the',site otos than as proposed on the plan referenced in Condition#10. 6) No open burning shall be clone except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 9) This permit shall be deemed to have lapsed after a two- (2) year period from the date November 15, 2007 on which the Special Permit was issued,unless substantial use or construction has commenced. 10) This decision must be filed with the North Essex Registry of Deeds. The following'information is included as part of this decision: Plan titled: Plan of Land in North Andover,Massachusetts Assessor's Map 37B Lot 64 Prepared for: James G. &Sandra J. Timmons Prepared by. Pembroke Land Survey Co. P.O.Box 205 Salem,New Hampshire,03079 Scale: 1"=407 Date: June 20,2005,Revised July 20,2005 Sheets: 2 4 r„OR7„ Town of North Andover o,,•'_ •bra Town Clerk Time Stamp �+ s Community Development and Services Divisio�g ' DECEIVED Office of the Zoning Board of AppeajMW , �'1 IEq s 400 Osgood Street 'C= North Andover,Massachusetts 018452805 OCT 25 Ptd 4: 06 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 r_. NORTH MASSAC'j "F-1 Any appeal shall be filed within Notice of Decision This is to certify that twenty(20)days (20)days after the date of filing Year 2005 have elapsed from date of decision,flied of this notice in the office of the without filing of an appeal. Town Clerk,per Mass. Gen.L.ch. Date�a/D x,700 5" Joyce A.Bradshaw 40A, §17 Proat: 205 Dale Street TOM CIl NAME: James G.&Sandra J Timmons HEARING(S): September 13&October 11,2005 ADDRESS: 205 Dale Street PETITION: 2005-027 North Andover,MA 01845 TYPING DATE: October 19,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 11,2005 at 7:30 PM upon the application of James G. &Sandra J.Timmons,205 Dale Street,North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure greater than 25%of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale 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 on August 22&29,2005. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III, David R Webster,and Thomas D.Ippolito. The following non-voting members were present: Joseph D.LaGrasse,Richard M.Vaillancouit,and Daniel S.Braese. Upon a motion by David R.Webster and 2°d by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 4,Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent 60'x24' structure,which is greater than 25%of the gross floor area of the existing structure per Plan of Land in North Andover,Massachusetts,Assessor's Map 37B,Lot 64,as prepared for James G. &Sandra J.Timmons,(owners of record),205 Dale Street,North Andover,MA 01845 Date June 20,2005,Revisions 7/20/05 Revisions per B.Osgood&Con. Com. [by]Joseph A. Esposito,P.L.S.#18923,Pembroke Land Survey Co.,P.O.Box 205 Salem,New Hampshire 03079 and Architectural Sketch Plan,205 Dale Street,North Andover,MA,Assessors Map 37B,Lot 64,Prepared for James G. &Sandra J. Timmons,October 11,2005[by]New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA 01845 Voting in favor: Richard J.Byers,Albert P.Manzi,III, David R- Webster. Voting for denial: Ellen P.McIntyre. The Board finds that owing to circumstances relating to soil conditions,shape,or topography'',of the land or structures and especially affecting this land and this structure but not affecting the zoning district in general,a literal enforcement of the provisions of 4.136.3.c.ii.3 of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner because moving the existing structure or razing and rebuilding outside the Non-Disturbance Buffer Zone would cause great financial hardship. The Board finds that the existing dwelling was built into the hillside in 1973,before the enactment of the 1994 Watershed Protection District's Non-Disturbance Buffer Zone. The Board finds that desirable relief may be granted without substantial detriment to the public good because 205 Dale Street will be connected to',Town sewer and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw because the square footage of the existing dwelling is well below the average square footage of the neighboring dwellings. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp �+ a Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals TOW,-, r!-FRK,S OTME 400 Osgood Street sx�,s North Andover,Massachusetts 01845 2005 OCT 12 S PM 4: 0 5 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542NORTH Note: 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. Town of North Andover Board of Appeals, bkto� f.M ' Ellen P.McIntyre, hair Decision 2005-027. M37.BP64. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 'NonrH Town of North Andover Town Qerk Time Stamp o .rho 3� �^ Community Development and Services Divi"iORECEIVE Office of the Zoning Board of Appea j, .. , 400 Osgood Street CE North Andover,Massachusetts 018452805 OCT 25 PM 4, 06 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 , N0, 11� ,� MASS= . , Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L. ch. 40A, §17 Proat: 205 Dale Street NAME: James G. &Sandra J Timmons HEARING(S): September 13&October 11,2005 ADDRESS: 205 Dale Street PETITION: 2005-027 North Andover,MA 01845 TYPING DATE: October 19,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 11,2005 at 7:30 PM upon the application of James G.&Sandra J.Timmons,205 Dale Street,North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure greater than 25%of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale 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 on August 22&29,2005. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III, David R. Webster,and Thomas D.Ippolito. The following non-voting members were present: Joseph D.LaGrasse,Richard M. Vaillancourt,',and Daniel S. Braese. Upon a motion by David R.Webster and 2nd by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 4,Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent 60'x24' structure,which is greater than 25%of the gross floor area of the existing structure per Plan of Land in North Andover,Massachusetts,Assessor's Map 37B,Lot 64,as prepared for James G.&Sandra J.Timmons,(owners of record),205 Dale Street,North Andover,MA 01845 Date June 20,2005,Revisions 7/20/05 Revisions per B.Osgood&Con. Cont. [by]Joseph A. Esposito,P.L.S.#18923,Pembroke Land Survey Co.,P.O.Box 205 Salem,New Hampshire 03099 and Architectural Sketch Plan,205 Dale Street,North Andover,MA,Assessors Map 37B,Lot 64,Prepared for James G. &Sandra J.Timmons,October 11,2005 [by]New England Engineering Services,Inc.;60 Beechwood Drive,North Andover,MA 01845 Voting in favor: Richard J.Byers,Albert P.Manzi,III, David R. Webster. Voting for denial: Ellen P.McIntyre. The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting this land and this structure but not affecting the zoning district in general,a literal enforcement of the provisions of 4.136.3.c.ii.3 of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner because moving the existing structure or razing and rebuilding outside the Non-Disturbance Buffer Zone would cause great financial hardship. The Board finds that the existing dwelling was built into the hillside in 1973,before the enactment of the 1994 Watershed Protection District's Non-Disturbance Buffer Zone. The Board finds that desirable relief may be granted without substantial detriment to the public good because 205 Dale Street will be connected to Town sewer and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw because the square footage of the existing dwelling is well below the average square footage of the neighboring dwellings. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NORTM Town of North Andover Town Clerk Time stamp Community Development and Services Division 1�EC�'IV ._ Office of the Zoning Board of Appeals STOW + yFIC "s=^CHU400 Osgood Street L North Andover,Massachusetts 01845 2005 OCT 25 PM M 46 Gerald A. Brown Telephone (978)688-9541 11 Inspector of Buildings Fax (978)688-9542 gyp H'4' Note: 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. Town of North Andover Board of Appeals, Ellen P.McIntyre, Chair Decision 2005-027. M37.BP64. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 "°"'" Town of North And over Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals RECEIVED y•" •" ' 400 Osgood Street TOWN U S OFFICE ��xacHu3 Raymond Santilli, North Andover,Massachusetts 01845 *5 SEP 15 PM I Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TOWN OF NORTH A DOV MASSACHUSETTS TS Date 05 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 Varianc pecial Permit Comprehensive Permit(40B) Finding for property located at: STREET:��`?�U ln MAP:_ 374 C3 PARCEL: TOWN: h s dei' TO MEETING DATE(S): D0 NAME OF PETITIONER:_;Joome5 6r, koudzt 7` ! `t✓1�✓yr�YJS Signed: Gz Pet' oner(or petitioner's r esentative) 1-005— 03,1 �Yir to Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 a of MOFT/ WO Town of North Andover Town Clerk Time stamp Community Development and Services Division REtYEQ :. .: Office of the Zoning Board of Appeals TOWN Ct ERK•S OFFICE 400 Osgood Street North Andover,Massachusetts 01845 Z005 AUG 15 AM 9: 54 D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 TOWN OF NORTH ANDOVER MASS ACHUSF*';"' 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 13`h of September,2005 at 7:30 PM to all parties interested in the appeal of James G. & Sandra J. Timmons,205 Dale Street,North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure greater than 25%of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 430PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on August 22 &29,2005. Legalnotice 2005-027. M37.BP64. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I of~O oT;'+.ro Town of North Andover Town Clerk Time stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals TOWe ty • 0F171C Ac us400 Osgood Street North Andover,Massachusetts 01845 2005 AUG 18 AM 9: 54 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 TOWN OF NORTH ANDQVF: 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 13th of September,2005 at 7:30 PM to all parties interested in the appeal of James G. & Sandra J. Timmons,205 Dale Street,North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure greater than 25%of the gross floor area of the existing structure. Said premises affected is property with frontage on the South side of Dale Street within the R-1 zoning district. Plans are available for review at the office of the Building Department, 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 August 22 &29, 2005. Legalnotice 2005-027. M37.BP64. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 L-1 Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1326 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 James Timmons use the return a.First Name b.Last Name c.Company key. 205 Dale Street d.Mailing Address 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: 203 &205 Dale Street North Andover a.Street Address b.City/Town Map 37B Parcel 64 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 8433 168 c. Book d.Page 7/15/05 7/27/05 $�//A) 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed a Date Date ff IIs uance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Plan of Land, Sheets 1 &2 a.Plan Title Pembroke Land Survey Company Joseph Esposito,Jr., P. L. S. b.Prepared By c.Signed and Stamped by 7/20/05 1"=40'11 =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. 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.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply n. 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 10.06(6)(c). Inland Resource Area Impacts: 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 wpaformS.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 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. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) g. ❑ Designated Port Indicate size under 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.c/y nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y 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 1g. ❑ 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.311/05 Page 3 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1326 wpaform5.doc• rev.311105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 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.3/1105 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: T Bureau of Resource Protection -Wetlands ' WPA Form 5 - Order of Conditions 242-1326 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under B Municipal Wetlands law or Ordinance P Y 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 orb law are as follows: space for additional See attached conditions, select box to attach a text document vv}aform5.doc• rev.311/05 Page 6 of 9 DEP FILE #242 -1326 Therefore, the North Andover Conservation Commission(hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions should control. M ERAL CONDITIONS M=M=M=M=MM=J 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\203/205DaleStreet.doe 1 NACC 8/10/2005 DEP FILE #242 -1326 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. g p 25. This Order of Conditions is issued under File No.242-1326. 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 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 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 60'x24'addition to an existing single-family dwelling,the installation of a sewer line,installation of underground and overhead utility services,installation of a gravel driveway with associated grading and the installation of 1000-gallon drywell to capture roof runoff from the proposed addition. The majority of the work will occur within the Buffer Zone to a Bordering Vegetated Wetland (BVW) and will occur on two separate lots (203 &205 Dale Street) owned by the same property owner.The site is also located within the Lake Cochichewick Watershed Protection District. 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: James Timmons (Applicant) 205 Dale Street North Andover,MA 01845 Date submitted:July 15,2005 Site Plans and NOI prepared by: Pembroke Land Survey,Co.,entitled, "Plan of Land",consisting of sheets 1 &2 dated June 20,2005.Stamped &signed by Joseph A.Esposito,Jr., 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. C:\Winword\OOC\203/205DaleStreet.doe 2 NACC 8/10/2005 DEP FILE #242 -1326 32. The NACC finds that the intensive use of the upland areas, and Buffer Zone proposed on this site will cause further alteration of the,wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot(25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area(BVV-1), except in those existing disturbed areas. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 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 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. C:\Winword\OOC\203/205DaleStreet.doc 3 NACC 8/10/2005 .DEP FILE # 242 -1326 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 of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense, 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 242-1326." 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,the applicant shall submit in writing the names,addresses,and business telephone numbers of all applicable parties (i.e.,contractor,environmental monitor) responsible for the approved work and ensuring compliance with this Order. 43. 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. 44. 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 C:\Winword\OOC\203/205DaleStreet.doe 4 NACC 8/10/2005 DEP FILE#242 -1326 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 an P g tY Y Y time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. Prior to the commencement of any work on site,a Registered Land Surveyor (R.L.S.) shall stake the corners of the addition to ensure that the 50' No-Build zone will not be encroached upon. These measurements will be verified during the pre-construction meeting. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation'of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town 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. C:\Winword\OOC\203/205DaleStreet.doc 5 NACC 8/10/2005 DEP FILE #242 -1326 49. The applicant shall designate a Professional Wetland Scientist as the project's "Environmental Monitor"(EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. ON EVERY MONDAY OF EACH WEEK, or otherwise arranged by the NACC or the Conservation Administrator,in which construction activities within the jurisdictional areas,referenced herein, occurs on-site and for as long thereafter as the ground remains unstable, it is the applicant's responsibility that the Environmental Monitor (EM) monitor the site and submit written reports to the NACC.The EM shall certify that, to the best of his / her knowledge and belief based on a careful site inspection, all work is being performed in compliance with'this Order of Conditions and that approved setbacks are being adhered to. The EM must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 51. Prior to construction, the applicant shall permanently mark the edge the 25' No- Disturbance zone or the edge of disturbance if the 25'No-Disturbance zone is not being maintained with fourteen (14) markers evenly spaced every 40 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. 52. 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 C:\Winword\OOC\203/205DaleStreet.doc 6 NACC 8/10/2005 DEP FILE #242 -1326 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. 53. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre construction meeting(e.g.72 hours). DURING CONSTRUCTION 54. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 57. 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. 58. 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. C:\Winword\OOC\203/205DaleStreet.doe 7 NACC 8/10/2005 DEP FILE #242 -1326 59. 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. 60. 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. 61. 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. 62. There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource area. All soils shall be stockpiled in along the southeastern portion of the property,as shown on the record plana 63. Washings from concrete trucks,or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. 64. 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. 65. 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 66. 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. 67. 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. C:\Winword\OOC\203/205DaieStreet.doc 8 NACC 8/10/2005 DEP FILE #242 -1326 68.Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 69. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 70. 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 2M disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\203/205DaleStreet.doc 9 NACC 8/10/2005 {DEP FILE#242 -1326 71. 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, except in previously disturbed 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#65); ➢ Prohibition of underground fuels (Condition#66); ➢ Limitations on the use of fertilizers,herbicides,and pesticides(Condition #67). C:\Winword\OOC\203/205DaleStreet.doc 10 NACC 8/10/2005 MEP FILE #242 -1326 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 (Authorized agent of applicant or owner) C:`,v\/~inword\OOC\203/205DaieStreet.doc i1 NACC 8/10/2005 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1326 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 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of ssuance Please indicate the number of members who will sign this form: I This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: r Notary Acknowledgement Commonwealth of Massachusetts County of Essex North 1 On this Day of Month Year Before me, the undersigned Notary Public, 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 Cityrt'own Fit *C=lL��T.� S gnature of Notary Public Printed Name o"Nopiies�(Rat Place notary seal and/or any stamp above My Commission This Order is issued to the applicant as follows: Q/by hand d°el'very on F-1bycertified mail,return receipt requested,on O Date Date wpaform5.doc• rev.3/1105 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: � Bureau of Resource.Protection -Wetlands WPA Form 5 - Order of Conditions 242-1326 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. v-r_,aform5.doc• rev.3/1105 Page 8 of 9 II f r F- •. i /U eco doer , — 1 I ^� a I P"WIN t4o 3y%y�y5 ` x go Yf s _ c 1 � err o�� o7 C-71 , • ' � � ► i f f t � r � j f t � S G . a. ... .. - ... - , . '' • ,.I '.. .. ♦.- '161,1. `.?•• - i _ _ _ *' .q \S r' . J. �, C •e. Y . ... • , .' : -, � , :'. _ ., ♦. t - may. .t.. x a. . 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BOOK ,8433, PAGE 168 __r= • ,`t �1. � ' '€ � - I. HAYBALES ALONG - - h q '��1.` CLEAN 5' s`� �,.`,, DOWNFLOW SIDE k. PLAN REFERENCES: -, i. of♦ K �- � "' OF GEOTEXTILE ( t. �.3`¢poi GRANULAR FENCING 1) PLAN OF LAND OF RUTH E. TIMMONS LOCATED IN NORTH ANDOVER, , ' , MASSACHUSETTS; SCALE. 1"-40'; JUNE, 1973" BY PEMBROKE LAND . � n.�;=r' A� BACKFILL '� , ,k SURVEY COMPANY. RECORDED AT ESSEX NORTH DISTRICT REGISTRY. OF �° - - GRADE UNE .. , t t �T" . ,s oEEDs AS PLAN No. 6890. - % •� , > t r 1 1 t . ��/I 11 I I_ � T r {' } .• ' '1 F' 6" TACE ---� r EXTEND FILTER FHSRIC .1 _. �' • 6" INTO GROUND ,r; a. . a 1,.x . ' DOUBLE SILTATION CONTROL BARRI - R '. TY�,ICAL SE'll - - NOT TO SCALE WETLANDS FLAGGED BY BENJAMIN OSGOOD, JR. l O9~ '- F`' O ' '•F r � W O ' ?.. . I.. 4 J• -1; ,a. t " ^ Z 4 ;