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Home My WebLink AboutMiscellaneous - 500 GREAT POND ROAD Y t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1. This Certificate of Compliance is issued to: When filling out P forms on the North Andover Country Club computer, use only the tab Name key to move 500 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Country Club Name 6/13/03 242-1187 Dated DEP File Number 3. The project site is located at: 500 Great Pond Road North Andover Street Address Cityrrown Map 63 Parcel 12 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 7990 91 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/19/05 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc-rev.7/13/04 Page 1 of 4 r t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 68 C. Authorization Issued by: North Andover �$ 0 Conservation Commission Date Issu nce This Certificate must be signedJ4,4 majority of the Conservation Commission and a copy sent to the applicant and appropriat P ional Office(See Attachment). Signatures: "' ' o L&4w_ A wpaform 8b.doc-rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North y On this ws Day Of Month Year before me, the undersigned Notary Public, personally appeared c-u,-f-1 Mas s Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown signature of Notary Public DONNA M.YYEDGE Dam A 064 Ajl� � WrARVPUBLIC Printed Name of Notary Public COMMONWEALTH OF wssi*c W115 rJy Comm.Expka Aug.7.2008 My Co issio Expi es(Date) wo Place notary seal and/or any stamp above r-'Ir— Sig ture of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 • i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1187 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant Page 4 of 4 wpaform 8b.doc•rev.7113104 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales g Afford Cummington Hatfield Monterey Richmond ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Phone:413-784-1100 Westfield Belchertown East Longmeadow Holland New Ashford Savoy Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Fax:508-792-7621 Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Nantucket Attleboro Dighton Gosnold Rehoboth Wareham et Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellist ri Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland Bidgewater Berkley East Bridgewater Hanson Norton Sandwich Westport Fax:508-947-6557 Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield g Andover Chelsea Holbrook Methuen Randolph Walpole 1 Winter Street Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Belmont Dedham Lexington Nahant Rowley Wellesley Fax: 617-556-1049 Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester roveland Medfield North Reading Swampscott Winthrop Cambridge G Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsheld Page 1 of 1 wpaform8b.doc•DEP Addresses•rev.8/23/05 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code r� Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number , Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2/00 Page f of 2 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpaform2.doc•Appendix E•rev.2/00 Page 2 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the North Andover Country Club return key. Name Name P. O. Box 99 rab Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents. Renovation of Existing Barn 9/21/04 Title Date Title Date Title Date 2. Date Request Filed: 10/22/04 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Renovation of an existing barn and cart barn within existing footrprint in the Buffer Zone to a bordering vegetated wetland and within Riverfront Area. Project Location: 500 Great Pond Road North Andover Street Address City/Town Map 63 Parcel 12 Assessors Map/Plat Number Parcel/Lot Number wpaform2,doc•rev.12/15/00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will after an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaformUoc•rev,12/15/00 Page 2 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels,and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). See attached condition ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12115/00 Page 3 of 5 Negative Determination of Applicability 500 Great Pond Road Conservation Conditions Record Documents: Request for Determination of Applicability,received dated October 22, 2004; Plan entitled "Renovation of Existing Barn", prepared for North Andover Country Club, prepared by Giles Surveying, dated September 21, 2004. Plans stamped & signed by Frank S. Giles M P.L.S. Issuance of this decision does not negate or supercede the existing Order of Conditions (242-1187) associated with the same properly. Pre-Construction Conditions ➢ Prior to the commencement of any work activities on site,the applicant shall install erosion controls in the locations depicted on the above referenced approved site plan. Said erosion controls shall be installed in accordance with the erosion control detail. ➢ 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. ➢ Immediately following completion of the above, the applicant shall contact the Conservation Department, at least 72 hours in advance, to schedule an on-site pre-construction meeting. During Construction Conditions ➢ 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 shall be placed within 50' of the wetland resource area. Further, the applicant and/or contractor shall ensure that all construction debris associated with the work is properly disposed of on a daily basis. i L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Vby certified mail, return receipt requested on i j listoy Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state,or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commissi PA copy must be sent to the approp 'ate DEP Regional Office(see Appendix A)and the property nei�(if different from the applicant). gnatures: i` 4114X f1 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — .Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form(see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business 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 to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12115100 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynrigham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoised Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnokf Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Welffleet Phone:508-946-2700 Barnstable Eastham Hanover. NorthAttteborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Boume Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Ptympton Taunton DEP Northeast Region Amesbury Chelmsford . Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashiand Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•Appendix A•rev.11/22!00 Page lof 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2/00 Page 1 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Appendix E Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. ,I wpaform2.doc•Appendix E•rev.2/00 Page 2 of 2 , , E u C i;D F,A 1 See Section 8.3 of the North Andover Zoning i3yiaw for more detailed information " u;�T H V Town of North Andover Plannin g Boar 2 A �° 32 . :. t, . pxqa Please type or print clearly: I. Petitioner. AfOA* W.�C Cff(AftV ago Address: Telephone Number. kel 2. Owners of the Land: J ►( ,. Address: Telephone Number. Number of years ownership: j/ Cg, (� If applicant is not the own,anw a. aup-o- -.er, lease state interest in property: 3. Request for a Special Permit under Section /0.*J of the North Andover Zoning Bylaw to —WICRA ID'94&A'9 1766 -'9 EALST. G&r�diF / bf.Xi! A ,Sjlo raiwaw caw&& 4. Location of Property: L;�VD W)" M=�� Zoning District: Assessors: map: 'lj Lot# ?At CfL 1 y Registry of Deeds: Book#: Page#_�_ 5. Existing Lot: Lot Area(Sq. Ft): R Z-r �,rj , Building Height: 17. Street Frontage; 116 Side Setbacks: Font Setback: ©= Rear Setback: 'IPod Floor Area Ration: Lot Coverage: ZO 6. Proposed Lot(if applicable): Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback.- Front etback:Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 7. Required Lot(as required by Zoning Bylaw); Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 9. Proposed Building: Ground Floor(Sq.Ft.) .AZO #of Floors _ Total Sq. Ft.; v Height: _ Use: �Ud i l'. l f lel Type of Construction: C0041*W, 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? 0 * If so,when and for what type of construction? �� j --r . 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with 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 Regulatio may result in a dis ' by the Planning Board of this application complete. Petitioner's Signatu 0 Print or type name here: cll r y7 Owner's Signatur6L - tGC Print or type name here: 14" • L ,.� Written Documentation: The application for a Site Plan Special Permit is being made for several reasons. First, the existing equipment shed is too small for storage of all the greens keeping machinery. The proposed addition will house several mowers and a tractor. There will be garage doors at both ends to facilitate access. The floor will be gravel. The foundation will be a solid poured perimeter style. The walls & roof will be wood frarrie with matching asphalt shingles on a shed roof. The second reason is to install a bathroom in a corner of the existing shed. This will be used by the maintenance crews and club members who play paddle tennis. The sewer hook up will be done into our existing pump chamber which feeds into the street sewer line. Public works has been notified due to the need to cross Great Pond Road. The third reason is to install a self contained pesticide and chemical storage building. This is a custom built, solid metal building which sits on a gravel grade. It is designed for this purpose and specifications are available upon request. They will be submitted with the building permit. This project will allow the Country Club to comply with our Integrated Management Plan which has been submitted to Conservation. This project is also being presented to the Conservation Commission. Th nk you for y r sideration. Thomas O. Childs North Andover Country Club •' *ir LU GE BRADSHA I Town of North Andover Planning Board N D D v E R Application for Watershed Special Pe ' Please type or print clearly. 1. Petitioner:---AM-7 9 Petitioner's Address: ✓ QQ)�� ( -� Telephone number: 2. Owners of the Land: Address: Q Number of years of ownership: /� '(/9*1- 3. Year lot was created: 4. Is the lot currently on septic or sewer? If on sewer,please provide date the sewer connection was completed: S. Description of Proposed Project: •-4d a x 10 XZ Jai-"1-f1w '(D � .tr All; aw� --co o dat IOD.Sf#rt'f. ff X l 5fi A& cwkg4d TO d MOM 490011. ;6 jut CAMW$tom ter(I&L �t1�► �. LSI D 6. Description of Premises: 7. Address of Property Being Affected_ �D� ��Aj Zoning District- Assessors: Map: Lot# Z Registry of Deeds: Book#• Page#; & Existing Lot: Lot Area(Sq.Ft) B . it Street Frontage: 3 # �e�gbt +' Front Setback: Rear t •- Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks-,- Front Setback: Rear Setback: - Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) l #of Floors: Total Sq.Ft. Bight. `�� Use: Type of Construction 13. Has there n a WOGS previous application for a Special Permit from the Plannin Board on these premises? If so.when and for what type of construction? 14. Section of Zoning Bylaw that Special Eermt 7s Being Requested �. 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with 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. Fail re 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 VICA Petitioner's Signature• Print or type name here: h-3 Owner's Signature: PN kcc Print or type name here: 1 n M ASj Jo • C91 I& Please list title of plans and documents you win be attaching to this application. 4?tNj Of ZVAV 40M-A A*Wa CM3,14CL C� � Written Documentation: The application for a Site Plan Special Permit is being made for several reasons. First, the existing equipment shed is too small for storage of all the greens keeping machinery. The proposed addition will house several mowers and a tractor. There will be garage doors at both ends to facilitate access. The floor will be gravel. The foundation will be a solid poured perimeter style. The walls & roof will be wood frame with matching asphalt shingles on a shed roof. The second reason is to install a bathroom in a corner of the existing shed. This will be used by the maintenance crews and club members who play paddle tennis. The sewer hook up will be done into our existing pump chamber which feeds into the street sewer line. Public works has been notified due to the need to cross Great Pond Road. The third reason is to install a self contained pesticide and chemical storage building. This is a custom built, solid metal building which sits on a gravel grade. It is designed for this purpose and specifications are available upon request. They will be submitted with the building permit. This project will allow the Country Club to comply with our Integrated Management Plan which has been submitted to Conservation. This project is also being presented to the Conservation Commission. Tha k you for your c s' ation. Thomas O. Childs North Andover Country Club Massachusetts Department of Environmental Protection -- Bureau of Resource Protection -Wetlands DEP File Number V11PA Form 8B — Certificate of Compliance. 242-995 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the North Andover Country Club computer, use Name only the tab key to move P. O. Box 99 your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code ab 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Country Club Name 3/14/00 242-995 Dated DEP File Number 3. The project site is located at: 500 Great Pond Road North Andover Street Address City/Town Map 63 Map 64 Lot 2, Lot 6, Lot 7 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 5721 111 County Book Page N/A Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/17/03 Date B. Certification Check all that apply: Z Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc rev.12/15/00 _ Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Numl WPA Form 8B — Certificate of Compliance 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-995 Provided by Df B. Certification (cont. ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order.of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Ac may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continL for a longer period). Condition Numbers: 66 C. Authorization Issued by.- North y:North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission opy sent to the appli ant and appropriate DEP Regional Office(See Appendix A). Sign tures: irR On Of Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. A, Notary Pubic My commis on e4pires wpaform Bb.doc•rev.12/15/00 Page 2, Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Nurr WPA Form 8B Certificate of Compliance 242-995 L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by C D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-995 Project Location DEP File Number s Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land,the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: . Document Number Signature of Applicant wpaform 8b.doc•rev.12/15/00 Page: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A - DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown fast Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whatety, Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange - Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Mil" Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Miliville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Wirichendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester WeltFleet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Minis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Minon Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowed Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•Appendix A•rev.11/17/03 - Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"Umber_ WPA Form 5 - Order of Conditions 242-1187 : Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions r� To: Applicant: Property Owner(if different from applicant): North Andover Country Club Same Name Name P.O. Box 99 Mailing Address Mailing Address North Andover Ma 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 500 Great Pond Road North Andover Street Address City/Town 63 Lot 12 Assessors Map/Plat Number Parcel/Lot Number. 2. Property recorded at the Registry of Deeds for. North Essex 805 92 County Book Page Certificate(if registered land) 3. Dates: 2/27/03 6/11/03 6/13/03 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): NOI 2/27/03 Title bate Plan of Land Revised 6/2/03 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Frank S. Giles P. L. S. Name 6. Total Fee: 205.00 (State$Bylaw) (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number; WPA Form 5 - Order of Conditions 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP B. Findings 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: ® Public Water Supply ❑ Land Containing Shellfish Prevention of Pollution ® Private Water Supply ❑ Fisheries Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,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, to protect those interests checked above. 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 to protect those interests checked above. 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. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c) General Conditions (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 propertyor 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. Wpaform5.doc•rev.12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings cont. g (cont.) 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, "MA DEP"] "File Number 242-1187 " 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 writingwhether the change is significant enough to require the filing of a 9 9 9 q g 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. Wpaform5.doc•rev.12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File"umber: Ll WPA Form 5 - Order of Conditions 242-1187 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Municipal Ordinance or Bylaw Citation_ The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform5.doc•rev.12/15/00 Page 4 of 7 DEP FILE#242 - 1187 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials,or may require the submittal of any data or information deemednecessary 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 VIII(B)(p.33) of the North Andover Wetland Regulations). C:\Winword\OOC\242-1187.doc 1 NACC 6/13/03 DEP FILE#242 - 1187 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a g Su ersedin Order, the Conservation Commission Superseding shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No.242-1187. 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 an addition to an existing maintenance building and construction of a chemical storage shed located in the buffer zone to bordering vegetated wetland and isolated vegetated wetland located in the Lake Cochichewick WatershedDistrict. 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: North Andover Country Club P.O. Box 99 North Andover,MA 01845 Dated 2/27/03 Site Plans prepared by: Scott L. Giles &Frank S. Giles Surveying 50 Deermeadow Road North Andover,MA 01845 Entitled: Plan of Land, Location Great Pond Road, North Andover, MA, Prepared for North Andover Country Club,Revised through June 2 2003; 30. The following wetland resource areas are affected by the proposed work: Bordering Vegetated Wetland (BVW),Isolated Vegetated Wetland (local) and Buffer Zone. This resource area is significant to the interests of the Act and Town ByLaw as noted CAWinword\00C\242-1187.doc 2 NACC 6/13/03 DEP FILE#242 - 1187 above and therein. The applicant has not attempted to overcome the presumption .of significance of.this resource area to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas 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 (251 No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be - established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section III(D) &Appendix G 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 Commission's jurisdiction under the order,agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way,becomes the responsibility of the Town. C:\Winword\00C\242-1187.doc 3 NACC 6/13/03 DEP FILE#242 - 1187 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. =PRIORO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed,until all proceedings before'the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title 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 242-1187." 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 CAWinword\00C\242-1187.doc 4 NACC 6/13/03 DEP FILE#242 - 1187 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to an work commencing on--site the applicant shall submit to the NACC for Y g � pP approval, a detailed sequence of construction,including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and - enumerated per the approved plan(s)throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials,stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. 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. 45. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $2,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, CAWinword\00C\242-1187.doc 5 NACC 6/13/03 DEP FILE#242 - 1187 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. 47. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor" 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 person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor 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. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying 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 erosion control monitor 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. 48. Prior to construction,the applicant shall permanently mark the edge of the "25' No- Disturbance Zone"with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These 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. 49. 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 CAWinword\00C\242-1187.doc 6 NACC 6/13/03 DEP FILE#242 - 1187 "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. 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 liabie 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 51.Upon beginning work, the applicant shall submit written progress reports every one (1) week 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. 52. De-watering activities anticipated shall be supervised and witnessed by the .designated erosion control monitor. This designee must be on-site while work specific to de-watering activities are occurring and until complete. If de-watering becomes necessary,activities shall be conducted in accordance with a de-watering plan to be submitted and approved by the Conservation Department.Activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection tact and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. CAWinword\00C\242-1187.doc 7 NACC 6113/03 DEP FILE#242 - 1187 53. 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. 54. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. 55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 56. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any resource area and shall occur at the locations designated on the site plan. 57. Washings from concrete trucks,or surplus concrete,shall not be directed to, any drainage system,or wetland resource area. 58. All waste generated by,or associated with,the construction activity shall be contained within the construction area,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area.. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 61. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of C:\Winword\00C\242-1187.doc & NACC 6/13/03 DEP FILE#242 - 1187 Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 62. Fertilizers, Herbicides and Pesticides applied for turf maintenance shall be used in accordance with the approved Integrated Pest Management Plan. 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. 63. No road salt, sodium chloride,or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 64. Two No-Snow Stockpiling signs shall be installed along the southerly edge of the parking lot upgradient between the newly relocated wetland flags Al and A3 (parking lot along the easterly edge of Great Pond Road). 65. 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. 66. Upon complete stabilization of the site,erosion controls must be removed and properly disposed. The disturbed areas beneath the erosion controls must be seeded immediately. 67. 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. CAWinword\00C\242-1187.doc 9 NACC 6/13/03 DEP FILE#242 - 1187 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 of all drainage &storm-water management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "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, stone walls,pools,retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 68. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25'No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition# 60); ➢ Prohibition of underground fuels (Condition#61); CAWinword\00C\242-1187.doc 10 NACC 6/13/03 DEP FILE#242 - 1187 ➢ Limitations on the use of fertilizers,herbicides, road salts, de-icing compounds and pesticides (Conditions#62&63). CAWinword\OOC\242-1187.doc 11 NACC 6/13/03 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the dal of issuance. _ Date This Order must be signed by a majority of the Conservation Commission. 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 tDia4e the appropriate Department of Environmental Protection Regional Office (see Appendix A) the property owner(if different from applicant). Signatures: On Of Ke le c3 Day Month and Year before me personally appeared J, to me known to be the person described in and who executed the foregoing instrument and acknowle ged that he/she executed the same as his/her free act and deed. k)P)'M q/ �w &4,4z" — 'P/-/ALev Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on Ebp certified mail, return receipt requested,on 3 Date Dates Wpaform5.doc-rev.12/15/00 Page 5 of 7 i L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. 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 Appendix E; 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. 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. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.12/15/00 Page 6 of 7 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Numbed WPA Form 5 - Order of Conditions 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------- -------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/15/00 Page 7 of 7 DEP FILE#242 - 1187 APPENDIX A -AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor, 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agentPP of applicant or owner) C:\Winword\00C\242-1187.doc 12 NACC 6113103 Massachusetts Department of Environmental Protection L7-�/ I Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or partymakin request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) r� Project Location Mailing Address re2m City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E-rev.5/13/03 Page 1 of 2 a L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). ` 4. 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 isnot the appellant. wpaform5.doc•Appendix E•rev.5/13/03 Page 2 of 2 .. s .., JCJS "9is E W11 LLLt T f i r 1�,�E �i� P 1003 JUN -� P 2: 48 TO: Town of North Andover Planning Board 27 Charles Street North Andover, MA 01845 PHONE: (978) 688-9535 FAX: (978) 688-9542 Please be advised that I have agreed to extend the time constraints pursuant to Massachusetts General Laws 40 A, Section 9,for the Planning Board to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: L�� Il/% TOWN: NAME OF P ITI SIGNED: Pe itioner or pe ' io er's r resentative PLANNING BOARD: (PI Board or Planning Board Agent) � X'�"Sl°� 3 � 0 3 ,tORTF/ Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street '�S�c►NS�� North Andover,Massachusetts 01845 Planning Director. http://www.townofnorthandover-com P (978)688-9535 J.Justin Woods jwoods@townofnorthandover.com F (978)688-9542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 500 Great Pond Road Assessors North Andover Country Club Map 63,Lot 12 Watershed Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on March 25, 2003 and closed on July 22, 2003. Tom Childs, NACC Member, and John Bresnahan, IPM Specialist of Turfgrass Environmental Consultants represented the applicant. On July 22,2003, Mr. Nardella made,and Mr.White seconded,a motion to grant a Watershed Special Permit to allow for the construction of a bathroom within and a 340 square foot addition to the existing garage, related site improvements and landscaping AND the installation of a 128 square foot self contained chemical storage facility within the'Residential-1 Zoning District and the Non-Disturbance Zone 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 the by North Andover Country Club, 500 Great Pond Road, North Andover,MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 21,2003 with subsequent submittals on file. 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 4 in favor to 0 against. A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5)of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Watershed Special Permit is approved with the attached conditions. 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. Respectfully Submitted: J. Woods,Planning Director for the North Andover Planning Board: = c Alberto Angles,Chairman N G George White,Vice Chairman �. Felipe Schwarz,Clerk CD Richard Nardellarri us �,, 500 Great Pond Road Assessors North Andover Country Club Map 63,Lot 12 Watershed Special Permit July 23,2003 Page 2 of 4 Appendix A In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. The North Andover Country Club has been operated at the same location since 1921. Accordingly,the Board finds that the Lot was created prior to October 24, 1994. 2. 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 facts: a. The proposed addition is less than 25% of the existing structure and the building containing the bathroom will be connected to the Town sewer system b. The Chemical facility will be placed on a 12 inch layer of 3/4 inch stone to allow dispersion and infiltration of water run-off c. The Integrated Pest Management (IPM) Plan will limit the types of fertilizers that can be stored and used on the site. Additionally, the Applicant has agreed to apply for membership in the Audubon Cooperative Sanctuary Program for Golf Courses and become a Certified Audubon Cooperative Sanctuary within three years of the issuance of this permit. d. Written certification has been provided by John Bresnahan, IPM Specialist of Turfgrass Environmental Consultants,that the construction of a bathroom within and a 340 square foot addition to the existing garage, related site improvements and landscaping AND the installation of a 128 square foot self contained chemical storage facility, will not have an effect on the quality or quantity of runoff entering the watershed protection district. e. The construction of the building has been reviewed by the town's outside engineering consultant, VHB, and with the application of the erosion and drainage controls and the implementation of the IPM Plan, there will be no degradation to the quality of water in or entering Lake Cochichewick. 3. The Applicant has demonstrated that while construction occurs in the Non-Disturbance and Non-Discharge Buffer Zones, there is no reasonable alternative to constructing the facilities outside the Buffer Zones. The entire site is in the Watershed Protection District, the addition of the garage must be adjacent to the existing building, and the proposed chemical storage facility requires close proximity to the maintenance facility to reduce over transport of fertilizer and pesticide materials. 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, 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 proposed use is allowed in the I-2 District,and conforms to the applicable dimensional criteria. 6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 500 Great Pond Road Assessors North Andover Country Club Map 63,Lot 12 Watershed Special Permit July 23,2003 Page 3 of 4 Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part ofthis decision: a. Plan Titled: Great Pond Road Prepared For: North Andover Country Club Prepared By: Frank Giles Surveying 50 Deermeadow Road North Andover,MA 01845 Sheets: 1 Scale: 1 inch=40 feet Dated: June 28,2002,last revised June 2,2003 b. Report/Plan Titled: Integrated Pest Management Plan stamped received June 17,2003 Prepared For: North Andover Country Club Prepared By: John Bresnahan,IPM Specialist Turfgrass Environmental Consultants 47 Falmouth Road Longmeadow,MA 01106 c. 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 two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d. The site shall have received all necessary permits and approvals from the Nath Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e. All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. f. All pesticides, fertilizers or chemicals shall be used in accordance with the approved IPM Plan. The applicant shall incorporate this condition as s deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 3. Prior to a Certificate of Occupancy: a_ The applicant shall submit an as-built 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. 1 500 Great Pond Road Assessors North Andover Country Club Map 63,Lot 12 Watershed Special Permit July 23,2003 Page 4 of 4 4. 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# 1. 5. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7. 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. 8. This Special Permit approval shall be deemed to have lapsed on July 23, 2005 (two years from the date permit granted)unless substantial use or construction has commenced Substantial use or construction will be determined by a majority vote of the Planning Board. 9. The Planning Board determined that the following waivers from Section 4.136 of the Zoning Bylaw are reasonable given the specific circumstances of this project and have no material adverse impact on the overall intent of the aforementioned Zoning Bylaw and therefore have been GRANTED: a. Section 4.136.4.c.iii requiring written certification by a professional engineer. After reviewing his vi ' curriculum vitae,the Board accepts Mr.John Bresnahan's as an IPM Specialist in lieu ofthrs requirement. b. Section 4.136.3.a.3.iii.21 prohibiting the storage of chemicals within the Non-Discharge Buffer Zone. The proposed chemical storage facility complies with federal and state guidelines for the storage of pesticides and the North Andover Fire Prevention Officer has reviewed the plans for this storage unit and does not have any safety concerns. CC. Community Development Director Conservation Administrator Director ofPublic Works Health Administrator Building Inspector Police Chief Fire Chief Assessors Applicant Engineers Abutters Clerk File OOR Town of North Andover ,lug* Office of the Planning Department Community Development and Services Division 27 Charles street North Andover,Massachusetts 01845 Planning Director. hU://www.townofnorthandover.com P (978)688-9535 J.Justin Woods )woods@townofnorthandover.com F (978)6884542 NOTICE OF DECISION SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED # rnoaQnio o �) 500 Great Pond Road Assessors North Andover Country Club Map 63,Lot 12 Watershed Special Permit The public hearing on the above referenced application was opened by the North Andover Planning Board on March 25, 2003 and closed-on July 22, 2003. Tom Childs, NACC Member,'and John Bresnahan, IPM Specialist of Turfgrass Environmental Consultants represented the applicant. On July 22,2003, Mr. Nardella made,and Mr.White seconded,a motion to grant a Watershed Special Permit to allow for the construction of a bathroom within and a 340 square foot addition to the existing garage, related site improvements and landscaping AND the installation of a 128 square foot self contained chemical storage facility within the Residential-1 Zoning District and the Non-Disturbance Zone 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 the by North Andover.Country Club, 500 Great Pond Road, North Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed with the Planning Board on submitted on February 21, 2003 with subsequent submittals on file. 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 4 in favor to 0 against. A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Watershed Special Permit is approved with the attached conditions. 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. Respectfully Submitted: 10itlWoods,Planning Director for the North Andover Planning Board: Alberto Angles,Chairman ch George White,Vice Chairman i- r-n Felipe Schwarz,Clerk �- Richard Nardella L.J 3 y: