HomeMy WebLinkAboutJANUSZ, ROBERT J F
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TOWN OF NORTH ANDOVER TOW tj fi ,� r.
MASSACHUSETTS KB T Ah'b �"f
PLANNING BOARD i4 f R 14 2 ,
APPLICATION FOR SPECIAL PERHIT
NOTICE; This application must be typewritten
40 Sunset .Rock Road
Applicant: Rnbert J. ssS31dSZ Address: d 181.0__ .
1. _Application is hereby made
(a) For a Special Permit under Section 8. 5 , Paragraph 2
of the Zoning Bylaw.
2. (a) Premises affe ed are land x and buildings
numberedz00 y4zel Street-Map 105C, Parcels 10,14&15
(b) Premises affected are property with frontage on the
North South x East West side of
_Boxford Road, Street, known as No.
Street.
(c) Premises affected are in Zoning District Rl ar.1
the premises affected have an area of 96 . 2 acres
and frontage Of 376 +/- feet.
3. Ownership:
(a) Nance and Address of owner (ii joint ownership, give all
names) :
Robert J. Janusz & Land of Flintlock Inc.
Date of purchaser 84 & . 1989 Previous ownerszelest & Kittredc
(b) If applicant is not owner, check his interest in the
premises:
Prospective purchaser
Leasee
X Other (explain) Mr. Janusz has Flintlock, Inc . property
under agreement
4. Size of proposed building, n,. /a front: feet deep
Height: stories: .- feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
5. Size of Existing Building: n/a feet front: feet deed;
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
J
6. Has there been a previous application for a Special Permit
from the Planning Board on these premises? Nn
If so, when
7. Description of purpose for which Special Permit is sought on
this petition:
To prgpose a 28-lot Planned Residential Development
2102 294-297
a. Deed recorded in the Registry of Deeds in Book3893 Page 253
or Land Court Certificate No. Book Page -_ .
9. The principal points upon which I base may application are
as follows; (must be stated in detail) .
our principle point is the PRD conforms to the purpose of
the bylaw as explained in Section 8.5, Paragraph 1 .
I agree to pay for advert isin 'n news aper d postage fee for
mailing legal notices to "Par n I t'
J
(Petitioner's Sig t )
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shah be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
Sand, directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Plannins Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
See attached list
Add additional sheets if necessary
Any question should be directed to the Planning Office
I
i
310 CMR 10.99
Forcri 5 tit" s";_
.. JOYCE s ;a af: DEP Fib No. [ 242-757
titL _
TOWN OLE (lobe pw�cM.7 by UEI'I
NORTH O,�EIt
Commonwealth Cily,Town North Andover
jr of Massachusetts , t t ' j
ADPIlCatIt Robert Janusz
Map 105C, Parcels 10, 14, & 15
300' East of 279 Boxford Street
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COMMISSION
To Robert Janusz Same as Applicant
(Name of Applicant) (Name of properly owrlerI
40 Sunset Rock Road
Address Andover MA 01810 Address Same as Applicant
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (dale)
by certified mail, return receipt requested on �D�� (dale)
This project is located at Map 105C, Parcels 10, 14, & 15 300' East of 279 Boxford Street
The property is recorded at the Registry of Northern Essex
2102 294-297
Book 3893 Page 253
Certificate (if registered)
The Notice of Intent for this project was filed on May 24, 1995 (date)
The public hearing was closed on September 20, 1995 (dale)
Findings
The North Andover Conservation Commission has reviewed the above-referenced tlotice of
Intent and plans and has held a public hearing on the project. Based on the Information a,,allaole tc the
NACC at this time. the------IACs' _ has deterrrnned that
the area on which the proposed work is to be done is significant to the following interests in accoro,ance v,ilh
the Presumptions of Significa ce orth in the re ulatlons 'or each Area Subject to Prolectlon Under the
�h. sJ�� �Recreation
Act check as appropriate: Ch.178: Prevention of Erosion & Sedimentation Ch.178k Wildlife
Pubiic water supply Flood control El Lind containing shellfish
Private water supply Storm damage prevention ® Fisheries
Ground water supply 2 Prevention of pollution Protection of wildlife habitat
00
Total Filing Fee Submitted $525. Stale Share $250.00
City/Town Share �2/5.00 ('.'_ fee in r�xcess of S2-)
Total Refund Due S CitylTown Portion 5 State Portion S
(1/z total) (1/2 total)
Effective 11/10/89 5. 1
DEP FILE #242 - 757
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
7. The proposed work includes: construction of a road together with appurtenances
including construction of retention and detention ponds to service a 19 lot
subdivision.
8. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Robert Janusz
40 Sunset Rock Road
Andover,MA 01810
Plans prepared by: Neve Associates
entitled"PRD of Jerad Place IV"
sheets 1 through 10
dated 9/1/95
C:\Winword\00C\242-757.doc 1 NACC 10/5/95
• DEP FILE #242 - 757
s
Re ort prepared b : Neve Associates
P � )P P Y ,Inc.
entitled"Hydrologic Analysis of a PRD Jerad IV"
dated 9/5/95
9. The following wetland resource areas are affected by the proposed work: buffer zone
of bordering vegetated wetland (BVW), isolated land subject to flooding(ILSF)
and bordering land subject to flooding(BLSF). These resource areas are
significant to the interests of the Act and Town ByLaw as noted above. These
resource areas are also significant to the recreational and wildlife interests of the
ByLaw. The applicant has not attempted to overcome the presumption of significance
of these resource areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 9/1/95. Prior to the issuance of a Certificate of
Compliance, the applicant will submit a plan showing the site's wetland
delineation at a scale identical to the Town wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control.
13. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site to construct a road together with appurtenances including
construction of retention and detention ponds to service a 19 lot subdivision 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(501) No-Construction Zone shall be established from the edge of
the adjacent wetland resource area. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (See Appendix.5 of the local
Regulations) THE NATURAL RESOURCE/LAND USE PLANNER AND/OR
OTHER AGENTS OF THE NACC DO NOT HAVE THE AUTHORITY TO
WAIVE THESE SETBACKS AS ESTABLISHED UNDER THE LOCAL
BYLAW..
14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
15. The sewer lines on the site, where they cross wetland resource areas, shall be tested
for water tightness in accordance with North Andover DPW standards.
C:\Winword\OOC\242-757.doc 2 NACC 10/5/95
DEP FILE #242 - 757
SUBDIVISION LOT DEVELOPMENT
16. This Order of Conditions and the submitted Notice of Intent applies only to the
roadways, utilities and drainage facilities. Although information was presented on the
potential location of individual houses, these were not final plans for the development
of individual lots. Therefore additional submittals may be required for any alteration of
land within the buffer zone.
17. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots.
PRIOR TO CONSTRUCTION
18. 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.
19. 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.
20. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts Department of
Environmental Protection,File Number 242-757
21. 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
CAWinword\00C\242-757.doc 3 NACC 10/5/95
DEP FILE #242- 757
prior to the start of construction. No work shall begin on a project until written
approval has been granted by the NACC.
22. The applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also shall be made a part of
the contractor's written contract. The applicant or contractor shall notify the NACC in
writing of the identity of the on-site construction supervisor hired to coordinate
construction and to ensure compliance with this Order.
23. The applicant shall submit a construction schedule/sequence to the NACC detailing the
proposed sequence of work on site to complete this project.
24. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing so that erosion control measures can be properly placed and
wetland impacts can be monitored.
25. 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 approved plans 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.
26. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of thirty (30) hay bales and sufficient stakes for staking
these bales ( or an equivalent amount of silt fence). Said bales shall be used only for
the control of emergency erosion problems, and shall not be used for the normal
control of erosion.
27. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC , and shall be posted with the North Andover Town Treasure before
commencement of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of the local
Bylaw.
DURING CONSTRUCTION
CAWinword1000\242-757.doc 4 NACC 10/5/95
DEP FILE #242 - 757
28. Upon beginning work, the applicant shall submit written progress reports every
three (3) months detailing what work has been done in or near resource areas, and
what work is anticipated to be done over the next period. This will update the
construction sequence.
29. 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.
30. No exposed area shall remain unfinished for more than thirty(30) days, unless
approved by the NACC.
31. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
32. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
33. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
34. 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.
3 5. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
36. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require, following field inspection, additional information
or resource protection measures.
37. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1)business day. No construction vehicles are to be stored within 100 feet
of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
CAWinword\00C\242-757.doc 5 NACC 10/5/95
DEP FILE # 242 - 757
AFTER CONSTRUCTION
3 8. 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:
39. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation.. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
40. 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.
41. Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Civil Engineer certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved revisions). A
stamped "As-Built" topographic plan of all areas within the jurisdiction of the
Wetlands Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
B) "As-Built" elevations and grades of all filled or altered wetland resource areas;
C) Distances from structures to wetland resource areas;
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
42. The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
13, A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section XI (page 18) of the Regulations for
performance standards within these zones). The Natural Resource/Land
Use Planner and/or other agents of the NACC do not have the authority to
CAWinword\00C\242-757.doc 6 NACC 10/5/95
DEP FILE # 242 - 757
waive these setbacks or specific conditions as established under the local
ByLaw;
14. Maintenance of catch basins;
37. Discharge of spillage of pollutants;
38. Prohibition of storage of fuels underground;
39. Limitations on the use of fertilizers, herbicides and pesticides.
r
CAWinword\OOC\242-757.doc 7 NACC 10/5/95
Boxford Street, east of -279
DEP # 242- 757
Issued By North AnAode Conservation Commission
Signatures)
his Order must be signed by a majority of the Conservation Commission.
On this 4th day of October 19 95 before me
personally appeared George .L. Reich . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he," executed
the same as his/9dr/free act and deed.
' ,� March 22, 2002
Notary Public Donna Mae D' gata My commission expires
The apolicant.the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done,or any ten residents of the city or town in which such land is located.are hereby notified of their tight to request the Department of
Environmental Protection to issue a Superseding Order,providing the reouest is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
RECORDING INFORMATION:'
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
lain Street, NO. Andover MA 01845
. ....................................................................................................................................................................................................................
To North Andover Conservation Cormnission 1ssuinq Auinonty
Please be advised that the Order of Conditions for the project at Boxford Street, east of 279
F-Ie Numoer 242— 757 has been recorded at the Reeisty of Deeds, Northern Essex ana
has been noted in the chain of tette of the affected oroperty in accordance with General Condition 8 on . 19
If recorded land. the instrument number which idenDlies this transa=n rs
If registered land. the document number which identifies this transaction is
Sicna:ure —- ac1:)Uc3n:
5.4A
Town of North Andover f NORTH 1
OFFICE OF 3?O�,„e o s tiOOL
COMMUNITY DEVELOPMENT AND SERVICES
x
b 146 Main Street • _
w o ,
North Andover, Massachusetts 01845 9
.v^yqh
SSACHUS��
MODIFICATION TO
ORDER OF CONDITIONS
File No. 242-757
Project: Map 105C, Parcels 10, 14 & 15
East of 279 Boxford Street
The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on
April 3, 1996 , &q:' $xtW facet voted to require the applicant to
hire an environmental monitor who will submit weekly reports describing activities
in the buffer zone. The Conservation Administrator will decide when the Environmental
Monitor is no longer needed
as a Modification to the
Order of Conditions issued in file # 242- 757 dated 10/05/95
as Instrument #7082
and recorded iiqxand Page #
Issued by the NO RT ANDOVE CO SERVATION COMMISSION:
j`
On this 15'th _ -day of May 19 96 before me personally
appeared George L. Reich , to me known to be the
person described in and who executed the foregoing instrument and
acknowledged that he/-a executed the same as his/J"# free act and
deed.
March 22, 2002
No ary Public My Commission Expires
A receipt from the Registry of Deeds must be submitted to this
office showing that this Modification has been recorded and
referenced to the Book and Page numbers where the original Order:
242- 757 was recorded.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535