HomeMy WebLinkAboutMiscellaneous - 1679 OSGOOD STREET Town SON t
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover,Massachusetts 01845 ss
ATOD
ft://www.townofnorffiandover.com
/www.townofnorthandover.com
NUTI E F SI .-.z
C O DECISION F
July 2, 2008
GMZ Realty Trust
1679 Osgood Street
North Andover,MA 01845
Preliminary Plan Denial
Upon a motion by Alberto Angles,2O by Timothy Seibert,the Planning Board herein dies the Preliminary
Subdivision&PRD application for GMZ Realty Trust, 1679 Osgood Street,North Andover,MA to
construct 7 single-family lots within the R-2 zoning district,vote was unanimous, Public hearings were held on
June 3,2008, June 17,2008,and July 1,2008.
Findings of Fact
The Planning Board makes the following figs relative to this proposed preliminary subdivision plan:
The Preliminary Plan does not adhere to all of the design standards indicated in Section 4 of the Town of North
Andover Massachusetts Rules and Regulation Governing the Subdivision of Land in North Andover,
Massachusetts,and amended December 2002:
Dimensional Requirements:
a) Development within the R-2 zoning district is subject to the requirements of Section 8.5.5 (Planned
Residential Development). The applicant has not submitted an application containing a complete
development statement.
As the applicant has failed to follow all the required procedures and provide information required by the
Rules and Regulations as demonstrated in the Findings of Fact,the Planning Board herein DENIES this
application for a preliminary subdivision plan.
The following plans are included as part of this decision:
Plan Titled: Preliminary Subdivision Plan, Planned Residential Development,Map 61,Parcel 16&
34.
Owned By: GMZ Realty Trust
Scale: 1"=60'
Prepared by: JB Jones&Beach Engineers,Inc.
85 Portsmouth Ave,P.O.Box 219, Stratharn,NH 03885
Dated: 4/16/08
r
Curt Bellavance,Director
On behalf of the Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING?688-9535
Town of North Andover Of
Office of the Planning Department 1
Community Development and Services Division
1600 Osgood Street "' � - " •
North Andover,Massachusetts 01845
http://www.tow,nofiiorthandover.com
com
'• (978),688-9535
I ;(978)'6&-9542_°
NOTICE OF DECISION
July 2, 2008
GMZ Realty Trust
1679 Osgood Street IN)
North Andover, MA 01845
Preliminary Plan Denial
Upon a motion by Alberto Angles, 2'd by Timothy Seibert,the Planning Board herein denies the Preliminary
Subdivision&PRD application for GMZ Realty Trust, 1679 Osgood Street,North Andover,MA -to
construct 7 single-family lots within the R-2 zoning district,vote was unanimous. Public hearings were held on
June 3, 2008, June 17, 2008,and July 1, 2008.
Findings of Fact
The Planning Board makes the following findings relative to this proposed preliminary subdivision plan:
The Preliminary Plan does not adhere to all of the design standards indicated in Section 4 of the Town of North
Andover Massachusetts Rules and Regulation Governing the Subdivision of Land in North Andover,
Massachusetts, and amended December 2002:
Dimensional Requirements:
a) Development within the R-2 zoning district is subject to the requirements of Section 8.5.5 (Planned
Residential Development). The applicant has not submitted an application containing a complete
development statement.
As the applicant has failed to follow all the required procedures and provide information required by the
Rules and Regulations as demonstrated in the Findings of Fact,the Planning Board herein DENIES this
application for a preliminary subdivision plan.
The following plans are included as part of this decision:
Plan Titled: Preliminary Subdivision Plan, Planned Residential Development, Map 61, Parcel 16 &
34.
Owned By: GMZ Realty Trust
Scale: 1"=60'
Prepared by: J/B Jones &Beach Engineers, Inc.
85 Portsmouth Ave, P.O. Box 219, Stratham,NH 03885
Dated: 4/16/08
Curt Bellavance, Director
On behalf of the Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover o4 No;rH 1
16
Office of the f'1 , `'
a�t�g Department o?°`��'' � T, ` °�
Community Development and Services Division
.i
1600 Osgood Street
North Andover,Massachusetts 01845 Ac►wsE
hft://www. Enorthandover com c) C=
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NOTICE OF DECISION M
July 2,2008 . - r
Bldg. .»
ZBA ----
GMZ Realty Trust Con/Com Health '
1679 Osgood Street Fire Chief Police.Chief
North Andover,MA 01845DPW/Engineers
Preliminary Plan Denial . urrounding Towns
Upon a motion by Alberto Angles,2°d by Timothy Seibert,the Planning Board herein denies the Preiimmary
Subdivision&PRD application for GMZ Realty Trust, 1679 Osgood Street,North Andover,MA to
construct 7 single-family lots within the R-2 zoning district,vote was unannuous. Public bearings were held on
June 3,2008, June 17,2008, and July 1,2008.
Findings of Fact
The Planning Board makes the following findings relative to this proposed preliminary subdivision plan:
The Preliminary Plan does not adhere to all of the design standards indicated in Section 4 of the Town of North
Andover Massacus Rules and Regulation Governing the Subdivision of land in North Andover,
Massachusetts,and amended December 2002:
Dimensional Requirements:
a) Development within the R-2 zoning district is subject to the requirements of Section 8.5.5 (Planned
Residential Development). The applicant has not submitted an application containing a complete
development statement.
As the applicant has failed to follow all the required procedures and provide infonnation required by the
Rules and Regulations as demonstrated in the Findings of Fact,the Planning Board herein DENIES this
application for a preliminary subdivision plan.
The following plans are included as part of this decision:
Plan Titled: Preliminary Subdivision Plan,Planned Residential Development,Map 61,Parcel 16&
34.
Owned By: GMZ Realty Trust
Scale: 1"=60'
Prepared by: JB Jones&Beach Engineers,Inc.
85 Portsmouth Ave, P.O. Box 219, Stratharn,NH 03885
Dated: 4/16/08
Curt Bellavance,Director
On behalf of the Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVA11ON 688-9530 HEALTH 688-9540 PLANNING 688-9535
Ip olito, Mary
From: Joseph Coronati 'coronati , "7 7 '
p [► @jonesandbeach.com] P�la� time" ar�h `bdt�r-copies and
Sent: Tuesday, May 20, 2008 9:40 AM
ToI onto.
: Ippolito, MaryrPIS
Cc: Mark Johnson (E-mail); Ken Sakurai (E-mail) #aVff'y2TPr"0?Mnc-
Subject:
1679 Osgood Street; North Andover, MA
S 1!i a
Ho�,tl�1 A" DOVE-,
Mary,
I talked with the team and we are willing to waive the time constraints for the public
hearing in order to receive comments from the outside Town Engineer (VHB) . We understand
this hearing will be postponed to June 3rd. Thank you and please send us an agenda for
the June meeting once we are closer to the date.
Thanks,
Joe
Joseph Coronati
Vice President
Jones & Beach Engineers, Inca
85 Portsmouth Avenue
PO Box 219
Stratham, NH 03885
(603) 772-4746 (ext. #14)
(603) 772-0227 (fax)
jcoronati@jonesandbeach.com
http://www.jonesandbeach.com
LEGAL NOTICE
Unless expressly stated otherwise, this message is confidential and contains
privileged information intended for the addressee(s) oxily. Access to this E-mail by anyone
else is unauthorized. If you are not an addressee, any-disclosure or copying of the
contents of this E-mail or any action taken (or not taken) is unauthorized and may be
unlawful. If you are not an addressee, please inform the sender immediately.
i
Please time stamp ' s and
retum"ne or to .. � !� rt9
TO: Thank you.
2 �0 11N'_-4 PH 2: 02
FROM: Mary, Planning Assistant
FAX #978-688-9542 - PHONE #978-688-9535 ,
NA
` ", e
Please sign your name and fill in address of premises affected, fill
in current date, return same to fax #978-688-9542. Thank you.
"REQUEST FOR A CONTINUANCE"
NAME:
ADDRESS OF PREMISES AFFECTED:
PHONE NUMBER:
AREA CODE:—(____) a
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT �----
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WANE THE 7`1ME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PE IONS REPRESENTATIVE:
V11 �j
ignature
DATE: 43,1 o
fiI in current date
WCONTINUEANCE
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-999
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24
Provided
by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Richard J. Kelly
computer, use Name
only the tab
key to move 55 Cambridge Street
your cursor- Mailing Address
do not use the Burlington MA. 01803
return key. City/Town state Zip Code
Q2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Richard J. Kelly
Name
July 5, 2003 242-999
Dated DEP File Number
3. The project site is located at:
1679 Osgood Street North Andover
Street Address City/Town
Map 61 Parcel 66
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Richard J. Kelly
Property Owner(if different)
Essex North instrument#20706
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent, on:
11/14/06
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.
IIS
❑ 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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-999
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24
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:
71
C. Authorization
Issued by:
North Andover f4& OCP
Conservation Commission Data of is ante
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office(See Attachment).
Signatures:
c
wpaform 8b.doc•rev.7113/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance LI
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24
Provided
by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 1,5-+A Of /UOl$�✓I1 _ c,-2 49
Day Month Year
before me, the undersigned Notary Public, personally appeared
sC -l+ �V#SS e
Name of Document Signer
proved to me through satisfactory evidence of identification, which wastwere
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
City/Town
:DOW IL WEDGE Signature of Notary PublicNOTARY PUSUC el e,7e �NWEAITH�MWSSACHUSETTSPrinted Name of Notary Public
omm.Expires Aug.7,2009
E ----- 'P /7146e'7
My CV&"44-,
ss on E ires(Date)
Place notary seal and/or any stamp above ?
Signature of Notary Public
wpaform Bb.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-999
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24
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:
242-999
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
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
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
Suite 402 Alford Cummington Hatfield Monterey Richmond Ware
Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield DeerfieldHeath 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 Levereit 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 Ashbumham 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
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 Phiiiipston 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 New Bedford Rochester Welffleet
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
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
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
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
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 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
wpaformBb.doc-DEP Addresses-rev.11/14/06
Page 1 of 1
'_.,HsrSSa`�;.tA�tZSuCf:.iiLi7�enr UI c:lulluarr.�.'nt:;l rTUlc�...�.�.
Saiiii efRestlaneurce Protection— Weds DE?Fiie Numcer
.-- 242--999
MPA Form 5 - Order of Con(IMM7S 1679 Osgood St.
for CEP use only
an
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 d North Andover Wetzand protection Bylaw.
92 APPlicant Information
From: The Notice of Intent for this project was Fled on:
North Andover February 4, 2000
C.:WY11017 rramssaia Oarr
For. The public hearing was dosed on:
242-999 June 21, 2000
Pgeaf7e arra late
To:
Title and Date of final Plans and Other Occurestrs:
Richard J. Kelly
AqA=,UM Plans prepared by Richard Kaminski & Assocs. ,Inc
55 Cambridge St
kV'W= Sheets SP-1, SP-3, SP-5, SP-6, SP=7-dated
Burlington
c')'Vrcw December 30, 1999, Entitled "Proposed Stor U
MA 01803
sm ups Self Storage–Osgood Street"
The project site is'coated at
North Andover
Cyr-
61 ' 66
,useaas,urav!xi vamvLai
and the property is re(--rded at the Registry of Deeds for.
North Essex 5350 2668
so& P-V
Canfaetr(rtra,•rsaed loon)
: Findings
Furthermore,this commission hereby finds that the project as
Findings pursuant to the Massacdhusetts Wetlands proposed.is:
Protection Ac-- (ched one of the following boxes)
Following the review of the above-referenced Notice of Intent Approved sul! ct to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the l& the fallowing conditions which are necessary, in accordance
the
area in which work is proposed is sigthifidrtt to the Fallowing with P�air,w—standards set forth in the wetlands
&zmsu of the Wetlands Protection Act(check all that apply): regulations,to protea those interests dhed(ed above. This
Commission orders that all the work shalt be performed in
•Public Water Supply accordarxe with the.Notice of Intent referenced above,the
•Private Water Supply following General Conditions,and any other special
®Groundwater Supply conditions attached to this Order.To the extent that the
®Road Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
Fisheries of Intent,these conditions shall control.
®Storm Damage Prevention
®Prevention of Pollution
9 Protection a(Wildlife Habitat
242-999
Massachusetts Departaaent of£nvirontmatai Protection 1679 Osgood S t.
Bureau ofReseurtw Protection— Wetlands
MAForm 5 - Order ofCoh
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Findings (cont)
debris.including but not limited to lumber, brides,plaster,
Oenied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehcces,or parts of any of the foregoing.
•
the proposed work cannot he conditioned tomeet
the
set forth in the wedands regulations 7. This Order does not become final until all administrative
performance standards
to protea those interests da dmd above. Therefore,work appeal periads from this Order have elapsed.or if such an
an this project may not go forward unless and until a new appeal has been taken..until all proceedings before the
Notice of Intent is submitted which provides measures Oepartrnem have been completed.
which are adequate to protect these interests.and a final
Order of Conditions is issued S. No work shall be undertaken until the Order has become
final and to has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Lind Court for the district in which the land is located,
to desmbe the site,the work,or the effect of the work an within the chain of title of the affected property. In the case
the interest identified in the Wetlands Protection Act of recorded land.the Final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Granror Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon whidi the proposed work is to be done. In the
provides sufficient information and includes measures erre of registered land.the Final Order shall also be noted
which are adequate to protect the Act's iraerests,and a final an the land Court Certificate of Title of the owner of the
Order of Conditions is issued A de=iptlon of the specific land upon which the proposed wort is done. The recording
inibmtation whi ' is lar—king and wiry it is necessary is information shall be submitted to this Conseriation
attached to this Order as per 310 CMR 10.05(b)(c). Commission an the form at the end of this Order,which
form must be stamped by the Registry of Deeds.prior to the
General Conditions commencement of the work.
1. failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cute to revoke art modify this Order. words.
wassac`usem Oepa=ent of Environmental Protection"
2 The Order does not grant any property rights or any (or,"Wl OEPJ'Fie Number
exclusive privileges it does not authorize any injury to 242-999
private property or invasion of private rights. pro�ecfaenoar
3. This Order does not relieve the permittee or any other
person of the necessity af•cemplying with all other
applicable federal.state.or local statutes.ordinances. 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Comrrtission shall be a party to all agenej proceedings and
4. The work atuhormed hereunder shall be completed within Ieariings before the Oepartmenc
three years from the date of ttds Order unless either of the
following apply: 11.Upon completion of the work described hereat,the applicant
(a)the work is a maintenance.dredging Project as provided shag submit a Request for Certificate of Compliance(WP
for in the Act:or Form SA)to the Conservation Commission.
(b)the time for completion
has been extended to a
specified date more than three years,but less than five 12.The work shadl conform to the following attached plans and
years,from the date of issuance. If this Order is intended special conditions:
to be valid for more than three years.the extension date
and the special c raarrsar>ces wartantitig the extended F, Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order' Site Plan for Proposed Stor U Sem Storage—
s.This Order may be extended by the issuing authority for 7bi Osgood Street
one or more periods of up to three years each upon !. December 30, 1999
application to the issuing authority at least 30 days prior to OaNd
the expiration date of the Order. Richard Kaminski, PE
by
6. Any fill used in connecion with this project shall be dean S�ACS CC
fill. Any fill shall contain no trash,refuse, rubbish,or
an Ak Y4U►
242-999
MassaG'ruserts Depr=wt of Eavircanwirtai Pratec:coo 1679 Osgood S t.
Bureau of Resource Protection— Wetlands -
MA Form 5 - Order of Co&Ms
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Protection Bylaw.
Findings (cont)
Findings as to municipal law, bylaw, or ordinance
13.Any changes to the plans identified in Condition 112 above Furthermore.the
shall require the appiiant to inquire of the Conservation
Commission in writing Nhether the change is significant North Andover
enough to require the filing of a new Notice of Intern. WC't=afl
hereby finds(cited one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmertal Protection shall have the Q that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to this Order at Standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- Specifially
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Cepartment far that evaluation. VM,aa*==
Thereiore.work an this project may not go forward unless
15.This Order of Conditions stroll apply to any successor in and until.a revised Notice of Intent is submitted which
interest or sucmssar in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- ids,and a final Order of Conditions is issued
ing work conditioned by this Order.
LM that the following additional conditions are necessary to
16.Prier to the start of work.and if the project involves work.
adjacent to a 8ardering Vegetated Weiland.the boundary of comPty wich a municipal law,bylaw,or ordinanco.specifi-
the wetland in the vicinity of the proposed work area shall rail y
be marked by wooden stakes or flagging. Once in place. Cop. 178 of the Code of North Andover
the wetland boundary markers shall serve as the limit of a ;i law: yaw.ira dm m
work(umhess another I'tmit,of work line has been noted in
the plans of record)and be maintained until a Certificate of The Commission orders that all the work shall be perforated
Compliance has been issued by the Conservation Commis- in accordance with the said additional conditions and with
Ston. the Notice of Intent referenced above. To the extent that the
17. All sedimemadon banners shall be maintained in good following mons modify or differ from the plans,
repair until ail disturbed areas have been Bully stabilized specifierm or adw Proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intem the candid=Shall control
be deposited in a wetland or water body. During construc-
don,the applicant or hisilw designee shall inspect the Additional conditions relating to municipal law,bylaw,or
erasion controls on a daily basis and shall remove ordinance:
ac=ruiatad sediments as needed..The applfamt shall
inrmnediamly control any erasion problems that occur at the See attached conditions
site and shag also immediately notify the Conservation
Commissiom which reserves the right to require additional
erosion ardor damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
See attached conditipns
DEP FILE #242- 999
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify or
differ from the plans specifications or other proposals submitted with the Notice
of Intent, the conditions 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 deemed necessary by
the NACC for that evaluation. Further, work shall be halted on the site if the
NACC, agent or QEP 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.
2p.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 Vill
(B)(p.33) of the North Andover Wetland Regulations).
23.The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant.
CAWinword\00C\242-999.doc 1 NACC 06/27/2000
DEP FILE#242 - 999
24.Where the Department of Environmental Protection (DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
25.The conditions of this decision shalt 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.
26.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.
27.The proposed work includes: Construction of a public storage building,
septic system, parking lot, stormwater management structures,
associated grading and necessary appurtenances within the Buffer
Zone to a Bordering Vegetated Wetland(Mr. The subject resource
area is located across the street from the site.
28.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: Richard Kelly, applicant
Richard Kaminski &Associates, Inc.,
Representative
Site Plans prepared by: Richard Kaminski &Associates, Inc.
Sheets SPA SP-3, SP-4, SP-5, SP-6, SP-7
Dated December 30, 1999
Signed and Stamped by Richard Kaminski, PE
Entitled "Proposed Stor U Self Self Storage-
Osgood Street'
Sheet SP-2 dated REV 6-2-00
Sheet ECP-1 dated REV 6-2-00
Sheet ECP-2 dated REV 6-2-00
Signed and Stamped by Richard Kaminski, PE
Base Map: Prepared by David A. Webber, RPLS
CAWinword\00C\242-999.doc 2 NACC 06/27/2000
DEP FILE #242 - 999
Dated 11-30-88
Additional Information: Drainage Report dated 12/28/99, REV 5/5/00
Construction Schedule dated May 9, 2000
29.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW). These resource
areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified
interests.
30.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25`) No-Disturbance Zone and a fifty foot (501) 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.
32.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.
33.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.
CAWinword\00C\242-999.doc 3 NACC 06/27/2000
DEP FILE #242 - 999
34.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.
35.Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
36.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.
37.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.
38.A sign shall be displayed at the site not less than two square feet or more
than three square feet in size bearing the words "Massachusetts
Department of Environmental Protection, File Number 242-999.
Expiration date=-----."
CAWinword\00C\242-999.doc 4 NACC 06/27/2000
DEP FILE#242 - 999
39.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 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.
40. It is the responsibility of the applicant,owner, and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
41.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
42.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 shah 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.
CAWinword100C\242-999.doc 5 NACC 06/27/2000
DEP FILE #242 - 999
43.A row of double 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.
44.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 30 extra 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.
45.A check payable to the Town of North Andover shall be provided in the
amount of$10,000 which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work.
Said deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the
project, provided that provisions, satisfactory to the NACC, have been made
for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
46.The applicant shall be responsible for placing signs on each parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
47.The applicant shall stake out the foundation corners prior to construction for
projects including, but not limited to, single family homes, additions,decks,
pools, etc.
CAWinword\00C\242-999.doc 6 NACC 06/27/2000
DEP FILE #242 - 999
48.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 "Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating
that said applicant and/or owner has read these Orders of Conditions
and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5)business days prior to the
closing of said land transaction.
.49.Once these above mentioned pre-construction requirements are
complete, the applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site conference
with an NACC representative, the contractor, the engineer, wetland
scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction
contracts, subcontracts, and specifications dealing with the work proposed
and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction
and to ensure compliance with this Order. A reasonable period of time shall
be provided as notice of the pre-construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
50.All construction and post construction stormwater management shall be
conducted in accordance with supporting documents submitted with the
Notice of Intent, the Department of Environmental Protection Stormwater
Management Policy and as approved by the NACC in this Order of
Conditions.
51.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 NACC.
CAWinword\00C\242-999.doc 7 NACC 06127/2000
DEP FILE#242 - 999
52.Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall
be no sedimentation into the wetlands or water bodies from discharge pipes
or surface runoff leaving the site.
53.The applicants, owners, and their successors and assignees, shall maintain
all culverts collection basins traps, outlet structures subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to
on site or off site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
54.IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant
shall complete a plan prepared by a Registered Professional Land Surveyor
of the Commonwealth (R.P.L.S.) which accurately depicts the foundation
location and it's proximity to wetland resource areas as approved under this
Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval
55.Upon beginning work, the applicant shall submit written progress reports
every month 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.
56.All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for
Compliance.
57.No discharge of water is allowed directly into an area subject to jurisdiction of
the Wetlands Protection Act 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
C\Winword\00C\242-999.doc 8 NACC 06/27/2000
DEP FILE #242- 999
58.Any fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
59.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
60.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.
61.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area
62.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
63.Al I 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.
64.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
65.During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one (1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
II�
C:\Winword\OOC\242-999.doc 9 NACC 06/27/2000
DEP FILE#242 - 999
AFTER CONSTRUCTION
66.No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall
survive this Order of Conditions and shall run with the title of the property.
This condition is issued under the authority of the Town's Wetland protection
ByLaw.
67.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a
wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
68.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. Permanent signs
designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be
displayed in prominent locations and approved by the Conservation
Administrator prior to installation.
69.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.
70.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A—"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
CAWinword\00C\242-999.doc 10 NACC 06/27/2000
DEP FILE#242-999
h. A written statement from a Registered Professional Civil Engineer of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An "As-Built" plan prepared and signedand stamped by a Registered
Professional Civil Engineer of the Commonwealth, for the public
record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &
stormwater 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 any disturbance of
soils or vegetation.
Location of all subsurface utilities entering the property.
The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP #242-
999. Future work within 100' of existing wetland resource areas
will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local
ByLaw (condition #31)
➢ Maintenance of catch basins (Condition#56);
CAWinword\00C\242-999.doc I1 NACC 06/27/2000
DEP FILE#242 - 999
➢ Discharge or spillage of pollutants (Condition #65);
➢ Prohibition of underground fuels (Condition#66);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Conditions#67 & 68).
CAWinword\OOC\242-999.doc 12 NACC 06/27/2000
DEP FILE #242 - 999
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 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. 1 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. 1 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#)
8
5. 1 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 agent of applicant or owner)
C:\Winword\00C\242-999.doc 13 NACC 06/27/2000
242-999
Massac�itse=Department of Environmental Protection .._16.7_9 Osgood St.
Bureau of Resource Protection— Wetlands
NA:Form 5 - order of Cond ns
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, 540 Protection Bylaw.
bindings (cont.)
This Order is valid for three years.unless otherwise specified On this
as a special condition pursuant to General Conditions t4, 5th
4om rte date of issuana.
July 5, 2003 day of July
Ocie
'Warrd
2000
This Order must be signed by a majority of the conservation
ccmmissian.The Order must be mailed by certified mail rmr
(return receipt requesteti)or hand delivered to the appiicart. before me personally appeared
A copy also must be mailed or hand delivered at the same Scott Masse
time to the appropriate regional office of the epartment of
Eivironmertal Protecon.
�,••„,,��� to me known to be the person described in and who executed
Signatures: r -- the foregoing instrument and admawledged that heishe
exec med the same as hisiher he ac.,and deed.
--
M=yPhdic _
o
This Order is issued to the applicant as follows:
i
Q by hand deliver/on
@nr
EY, bye maii.xam D&on
July 6, 2000
APpesls
The applirart.the owner,any person aggrieved by this Order, The request shall state dearly and mncisely.the objections to
any owner of land abating the land subject to this Order,or the Order which is being appealed and how the.Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located are hereby nodfied of their right to request the Massachusetts Welands Protecdcru Act(M.G.L c 121,§40
appropriate Department of Environmwml Protection Regional and is incottastentwith the wetlands regulations(310 CMR
Office m issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Oepar ment of-Environmemal Protection has
Appendix E Request for Departmental Action fee Transmittal no appellate jurisdicion. ,
Form,as provided in 310 CMR 10.03(7)within ten business
days ham 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 wnservacOn commission and to the applicant.
if helshe is not the appellant
n,..— . we c
242-999
Ma=chusa is Oegartaaent of Eaviraanwntal Protection 1679 Osgood s t.
Bureau of Resourr-Protection—Wetlands
WPA Form 5 - Order of Coddltins
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw.
Rewarding 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 gain of tide of the affected property. In the
case of recorded land,the Final Order shall also be noted in the
Registry's Gr-.nmr 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 Tide
of the owner of the land subject to the Order of Conditions.The
recording information shail be submitted to the
North Andover
Gu�rann G:mnau�
on the form below,whic' must be stamped by the Registry of
Deeds.
Oeta&an dotted line and submit to the Conservadon Commission.
To:
cxcermrC�rir�m
Please be advised that the Order of Conditions for the project
at
Aolea Lawn O£P File Atom
has been recorded at the Registry of Deeds of
and has been noted in the drain of tide of the affected property
in
Soar
in accardanca with the Order of Conditions issued on
Oxe
if recorded land the instrument number which identifies this
transaction is
h +nerAWC
If registered land the dccument number width identifies this
transaction is
Ooarmex,'hunt�
rtpflllPtOtAppfiCJt n_....c,.c c
"Ma=c9tus-.M DeparMxnt of Fnviranmenwi Protection 242-999
Bureau of ResCUM—.PrMeCJCf7— MdWds 1679 Osgood S t.
WPA Appendix E . Request for DeOa"r mental Action Fee Transmittal Folin
1 and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, X44 protection Bylaw.
ase type or Infarmation
jt dearly all f1PiJ(l�St`
irmation
uested on this
n. 1. Person or parry making request(if appropriate.name the 2 Applicant(as shown on Notice of Intent,Abbreviated Notice
c dzen group's representative): of Resource Area Delineation.or Request for Determination
of Applicability):
Name
Wdfr
W&JAd&W
crrro�r
ar#TO,Mr
ear JRCaot
lug Jip Cade
AnneNtmmer
PWXNU=er
Fu NumOrr(r!�gaacald
Fu Mrrroe•(rf�prrr�kl
Project Loc xicrz DEP File Number.
9raxaaraas
C.YTOMn
Instructions
1. When the departmental action request is for(check one): Z On a separate sheet attached to this form.state ceeariy and
concisely the objections to the Oetermination or Order
Superseding Order of Conditions which is being appealed.To the extent that the Oetermina-
0 Superseding(Determination of Applicability tion or order is based on a municipal bylaw.and not on the
❑ Superseding Orden of Resource Area(Delineation Massa&wetts wetlands Protection Act or regWations,the
(Department of Frnironnien nal Protection has no appellate
Send this form and a chmck or money order for 350.00. jurisdiction-
payable to the Commomaeaith of Massactruse=to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding(Determination or
Box 4062 Order by ceifted mail or hand delivery to the appropriate
Boston.MA 02211 DEP regional office as fisted in Appendix A
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion if he/she is not the appellant.
to the
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RECEIVED
", <-�--. .'• ' JOYCE BRADSHAW
ATOWN CLERK CHUg�S
NORTH ANDOVER
NORTH ANDOVER
OFFICE OF 1000 MAY 18 P Z 32
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01945
Any appeals shall be filed NOTICE OF DECISION
within(20)days after the Year 2000
date of filing of this notice Property at: 1679 Osgood St.,
in the office of the Town Clerk.
NAME: R.J Kelly Company,d/b/a: 55 Cambridge St., Burlington,MA DATE.5/10/2000
ADDRESS: for premises at: 1679 Osgood St. PETITION:006-2000
North Andover,MA 01845 HEARING: 5/9/2000
The Board of Appeals held a regular meeting on Tuesday evening,May 9, 2000 at 7:30 PM upon the
application of R.J.Kelly Company,d/b/a 55 Cambridge St.,Burlington,MA for premises at: 1679
Osgood St.,Rte.#125,North Andover,MA. Petitioner is requesting a Variance&Finding from the
requirements of Section 7,Paragraph 7.6 for relief of floor area ratio from 0.50:1 to 0.66:1,and Section 8,
Paragraph 8.1 to provide 11 parking spaces instead of 121,within the I-S Zoning District. Petitioner is
requesting a finding for a Special Permit from Section 4.135 Paragraph 9,in order to construct a
warehouse. The following members were present: Raymond Vivenzio,Robert Ford,John Pallone,Ellen
McIntyre.
Upon a motion made by Robert Ford and 2°a by John Pallone the Board voted to GRANT
a Variance from the requirements of Section 8,Paragraph 8.1 to provide for 45 parking spaces including
2 handicapped spaces, Section 7,Paragraph 7.6 for floor area ratio did not require a variance. On the
condition and basis that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the
Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or
derogate from the intent and purpose of the Zoning Bylaw. The Zoning Board of Appeals shall have
power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that
owing to circumstances relating to soil conditions,shape,or topography of the land or structure and
especially affecting such land or structures but not affecting generally the zoning district in general,a literal
enforcement of the provisions of this bylaw will involve substantial hardship,financial or otherwise,to the
petitioner or applicant,and that desirable relief maybe granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or purpose of this bylaw.
The Board voted to GRANT a Special Permit from Section 4.135,Paragraph 9,in order to construct a
warehouse for a particular purpose on the condition and basis that it be a self storage warehouse facility
only and if any change in use from a self storage warehouse facility the property owner is required to come
back in front of the ZBA to obtain the authorization for any change inuse. In accordance with the Plan of
Land by: Richard F.Kaminski&Associates,Inc.#29031,dated 5/3/2000(revision A,general revisions).
Voting in favor: Raymond Vivenzio,Robert Ford,John Pallone,&Ellen McIntyre,
Furthermore,if the rights authorized by the variance are not exercised within one(1)year ofthe date ofthe grant,they shall lapse,and
may be re-established only after notice;and a new hearing. Furthermore,if a Special Permit granted under the provisions contained
herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless
substantial use or construction has commenced,they shall lapse and may be re-established only after notice,and anew hearing.
By or r of a Board of Appeals,
J
William J. rivan,Chairman
ml/decisions2000i14
BOARD OF APPE:1LS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535