Loading...
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= P953 ~2 �.< r,f 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 �n>� X47 t ,AOR71i 1 F p 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