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Home My WebLink AboutMiscellaneous - 1775 GREAT POND ROAD Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1440 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Gary Muldoon computer, use Name only the tab key to move 1430 Great Pond Road your cursor- Mailing Address do not use the North Andover MA 01845 return key. Cityrrown State Zip Code t� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Gary Muldoon Name September 25, 2008 242-1440 Dated DEP File Number 3. The project site is located at: 1430 Great Pond Road North Andover Street Address Cityfrown Map 62 Parcel 26 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 11323 260 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: `Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is herebycertified that only the following portions of work regulated b the Y 9p 9 Y 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 Bb.doc•rev.7/13/04 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1440 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) IC 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 The Order of Conditions has lapsed and is therefore no longer valid.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. l� 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: C. Authorization Issued by: North Andover //93 Conservation Commission Daf, of Issuance This Certificate must be signed by a majority of the Conservation Commission apy sent to the applicant and appropriate DEP Regional Office(See Attachment). Signatures: VIIAOV wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1440 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this �2 J-"Wr��.e� r,,gocr 1 Day Of Month Year before me, the undersigned Notary Public, personally appeared esti,) lwL,n Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Aignaturellof Notary Public DONNA M.WEDGE /� Q}d NOTARY PUBLIC r1 yJ CU - ' CO>i MONWEWNOFIM4MCHUSETTS Printed Name oaf Notary Public Mq COTA L EV*W Aug.7,7009 My Commissi Expires(Date) Place notary seal and/or any stamp above `"` ' 444? ./t? Sbnature of Notary Public wpaform 8b.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 Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1440 Ll 0 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: 1430 Great Pond Road 242-1440 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Gary Muldoon 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 Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Centra!Region Acton Chariton 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 Berce Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Axford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Wmchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet 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 wpaform8b.doc•DEP Addresses-rev.1/8109 Page 1 of 1 r f MORrM }� y'' Town of North Andover RECEIVED ° _ a Office of the Planning DepartmentTCWN ci_EMS OFFICE Community Development and Services ' ' e� SSACHUSE 490 Osgood Sheet 3 P�12-- 24 North Andover,Massachusetts 01845 OF Daley h-�//www.townofnorthandover con NORTH ANf)g1s' r Town Planner MASSACHUSE i—f i P (978)688-9535 F(978)688-9512 NOTICE OF DECISION f6'a G@r 'that twenty(20)days MY#elepeed from date of decision,filed Without filing of a a at. Any appeal shall be filed tate 06 Joyce A. f.-BmWUM within (20)days after the TOWS Gift date of filing this notice in the office of the Town Clerk. Date: September 20,2005 Date of Hearing:September 6-Sept.20,2005 Date of Decision: September 20,2005 Petition of: John&Desmond Premises Affected: 1775 Great Pond Road,North Andover,MA 01845,within the Residential l(Rl)Zoning Disric4 Assessors Map 35,Lot 3. Referring to the above petition for a Watershed Special Permit from the retluirements of the North Amer Zoning Bylaw,Section 4.136. So as to allow: the extension of the Town water and sewer networks to the existing residential dwelling and approved carriage house in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Spectral Permit for the Watershed Protection District,based upon the following conditions: Lincoln Daley,Town Planner Richard Nardella,Chairman John Simons,Vice Chairman James Plunncy,Clerk Alberto Angles Jack Green Richard Rowen,Alternate cc: Conservation Administrator Director of Public Works Health Administrator ATTEST; Building Inspector Police Chief ATrue Copy Fire Chief Applicant Town Clerk Engineer Assessors/Abutters BOARD OF APPEALS 688-9541 BUILDING 688-9545 CO1 VpM1W688-9530 HEALTH 688-9540 PLANNING 688-9535 The public hearing on the above referenced application on was opened and closed by the North Andover Planning Board on September 20, 2005. John Desmond, owner and applicant appeared before the Planning Board. On September 20, 2005, Alberto Angles made and James Phinney seconded, a motion to grant a Watershed Special Permit to extend the Town sewer network to the existing residential dwelling and approved carriage house within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by John Desmond of 1775 Great Pond Road, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Appendix A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of than quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The intent of this application is to connect both structures to the Town's water and sewer network b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to both structures. e) The construction of each utility extension has been reviewed by the Division of Public. Works, Town Planner, and Conservation Department and wed there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick 2. There is no reasonable alternative location outside the Non-Disturbance and than Discharge Zones for any discharge, structure or activity. Page 2 of 4 In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site, 2) The use will not adversely affect the neighborhood, as the lot is located in a Residential 1 Zoning District. 3) There will be no nuisance or serious hazard to vehicles or pedestrians, 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use, 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a budding permit: a) A performance guarantee of one-thousand ($1,000.00) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as- built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shalt be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. Page 3 of 4 a a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This asrbuilt plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to fiuther impact the site other than as proposed on the plan referenced in Condition#9. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date September 20, 2007 on which the Special Permit was issued, unless substantial use or construction has commenced. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land Location 1775 Great Pond Road North Andover,Massachusetts 01845. PreWed for. John Desmond Prelrared by. Scott L.Giles Frank S.Giles Surveying 50 Deameadow Road North Andover,MA 01845 Sole: 1"=30' Date: Sq*mber-12,2005,Revised Sebes 14,2005 Sheets: 1 $_ o r: a as ^Jfa, Hwy Page 4 of 4 roRrM r° `r" 6"�� Town of North Andover �vEo f Office of the Planning DepartmentTOWN C#EPK'S OFFICE � •. ' CommunityDevelopment and Services ' ' ' SS 5.< ��23 PM 12. 24 ��►+� 400 Osgood Street North Andover,Massachusetts 01845 Lincoln Daley htw://www.townofnorffimdover.com TO WN OF NORTH ANOtl'>r`" Town Planner MASSACHUSEY P(978)688-9535 F(978)688-95,12 NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of fling this notice in the office of the Town CIerk. Date: September 20,2005 Date of Hearing September 6-Sept.20,2005 Date of Decision: September 20,2005 Petition of. John&Desmond Premises Affected: 1775 Great Pond Road,North Andover,MA 01845,within the Residential 1(Rl)Zoning District,Assessors Map 35,Lot 3 Referring to the above petition for a Watershed Special Permit from the requirements of the North Amar Zoning Bylaw,Section 4.136. So as to allow: the extension of the Town water and sewer networks to the existing residential dwelling and approved carriage house in the Non-Disturbance and Non-Discharge Zones of the Watershed Protection DWmc L After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: r Lincoln Daley,Town Planner Richard Nardella,Chairman John Simons,Vice Chairman James Phinney,Clerk Alberto Angles Jack Green Richard Rowen,Alternate cc: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Assessors/Abutters BOARD OF APPEALS 688-9541 BUILDING 688-9545 COijFffi*VP4kM 688-9530 HEALTH 688-9540 PLANNING 688-9535 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on September 20, 2005. John Desmond, owner and applicant appeared before the Planning Board. On September 20, 2005, Alberto Angles made and James Phinney seconded, a motion to grant a Watershed Special Permit to extend the Town sewer network to the existing residential dwelling and approved carriage house within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by John Desmond of 1775 Great Pond Road, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The banning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the daze this decision has been filed with the Town Clerk. Appendix A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The intent of this application is to connect both structures to the Town's water and sewer network. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to both structures. e) The construction of each utility extension has been reviewed by the Division of Public. Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of water in or entering Lake Cocluchewick. 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge, structure or activity. Page 2 of 4 In accordance with Section 14.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed an the site, 2) The use will not adversely affect the neighborhood, as the lot is located in a Residential 1 Zoning District. 3) There will be no nuisance or serious hazard to vehicles or pedestrians, 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use, 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one-thousand ($1,000.00) dollars in the farm of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as- built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. Page 3 of 4 a) The applicant shall submit an as-built plan stamped by a Rimed Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This &%4x It plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to firrther impact the site other than as proposed on the plan referenced in Condition#9. 5) No open burning shall be done except as is permitted during bunting season under the Fire Department regulations. b) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date September 20, 2007 on which the Special Permit was issued, unless substantial use or construction has commenced. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land Location 1775 Great Pond Road North Andover,Massachusetts 01845. Prepared for. John Desmond Prepared by: Scott L.Giles Frank S.Giles Survey* 50 Deermeadow Road North Andover,MA 01845 Sole: I"=30' Date: September 12,2005,Revised September 14,2005 Sheets: 1 cr vs�a r C xM CA C-')-q s oQ M Page 4 of 4 f Ne�RrM ,' `° '•''" Town of North Andover RECtIVED Office of the Planning DepartmentTOWN 'U" ?K'S OFFICE Community Development and Services ' ' �� Z3 gMiz= 24 400 Osgood Street North Andover,Massachusetts 01845 TOWN OF Lincoln Daley http://www.townofnorthandover.comNORTH V Town Planner MA5SAC E r } P(978)688-9535 F('178)688-9542 NOTICE OF DECISION Any appeal shall be fled within (20) days after the date of filing this notice in the office of the Town Clerk. Date: September 20,2005 Date of Hearing:September 6-Sept 20,2005 Date of Decision: September 20,2005 Petition of John B.Desmond Premises Affected: 1775 Great Pond Road,North Andover,NIA 01845,within the Residential 1 IMP Zoning District,Assessors Map 35,Lot 3. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136. So as to allow: the extension of the Town water and sewer networks to the existing residential dwelling and approved carriage house in the Non Disturbance and Non Discharge Zones of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE the Special Permit for the Watershed Protection District,based upon the following conditions: r Y Lincoln Daley,Town Planner Richard Nardella,Chairman John Simons,Vice Chairman James Phinney,Clerk Albem Angles Jack Grew Richard Rowen,Alternate cc: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Assessors/Abutters BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CO2 NP4M 688-9530 HEALTH 688-9540 PLANNING 688-9535 application was opened and closed by the North The public hearing on the above referenced app applicant appeared Andover Planning Board on September 20, 2005. John Desmond, owner and aPp pp before the Planning Board. seconded, a motion to grant a On September 20, 2005, Alberto Angles made and James Phinney e existing residential dwelling Watershed Special Permit to extend the Town Qwer °rk toDisturbance d Nan-Discharge Zonas °f the and approved carriage house within the No Protection District, under the requirements of Section f 01775 Creat Pond North Watershed Permit was r��nested by John Desmond Andover Zoning Bylaw. This Special applicant a complete application, which was Road, North Andover, MA 01845. The app d reviewed in accordance with Section 10.52 of the Townaso�North the°FI�IGS noticed anp rove w J Bylaw and MGL Chapter 40A, Section 9. The motion to A to this decision. OF FACTS and SPECIAL CONDITIONS set forth in Appendix special he Planning Board voted on the motion by a vote of 5-0 in favor . A s al Permit issued T authority requires a vote of at least four members of a five- by the special permit granting ty member board. e applicant with his decision, h app e applicant ee . notified that. should h app wihin twenty days a licant �s hereby his decision The to pp er 40A, Section 17, to appeal has the right, under MGL Chapter Town Clerk. after the date this decision has been filed with theAppendix A hat the intent of the Bylaw, as well In accordance with 4.136 the Planning Board makes the fi db Planning Board makes the following as its specific criteria, are met- This decision Specifically FINDINGS OF FACT: result of the proposed construction in conjunction with ahs u ness nearby, there ak 1. That as a of the quality or Quantity of water in or entering Lake not be any significant degradationBoaon the following facts: Cochichewick. The Planning Board bases this finding The intent of this application is to connect both structures to the Town's water and sewer a) an the site, network. he of fertilizers that can be used b) A deed restriction will be placed limiting types c) The topography of the site will not be altered substantially-sary to extend he Town water' and d) The limit of clearing is restricted to the minimum neves sewer lines to both structures. eedsion has been reviewed by the Division of Public. e) The construction of each utility and Works, Town Planner, and Conservation Departmentdetermined there will be no Lake�Chirhewick. degradation to the quality or quantity of water in or entering 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge,structure or adi'*- page 2 of 4 The public hearing on the above referenced application was opened and closed by the North Andover Planning Board on September 20, 2005. John Desmond, owner and applicant appeared before the Planning Board. On September 20, 2005, Alberto Angles made and James Phinney seconded, a motion to grant a Watershed Special Permit to extend the Town sewer network to the existing residential dwelling and approved carriage house within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by John Desmond of 1775 Great Pond Road, North Andover, MA 01845. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 5-0 in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five- member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Appendix A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The intent of this application is to connect both structures to the Town's waxer and sewer network. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be alter substantially. d) The limit of clearing is restricted to the minimum necessary to extend the Town water and sewer lines to both structures. e) The construction of each utility extension has been reviewed by the Division of Public. Works, Town Planner, and Conservation Department and determined there will be no degradation to the quality or quantity of waxer in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Disturbance and the Discharge Zones for any discharge, structure or activity. Page 2 of 4 , In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board mares the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood, as the lot is located in a Residential 1 Zoning District. 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 7) The sewer and water lines will be done in accordance with the guidelines set forth by the Division of Public Works. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to issuance of a building permit: a) A performance guarantee of one-thousand ($1,000.00) dollars in the form of a check made out to the Town of North Andover must be posted to insure flux construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as- built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c j No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. Page 3 of 4 a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition#9. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date September 20, 2007 on which the Special Permit was issued, unless substantial use or construction has commenced. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Plan of Land Location 1775 Great Pond Road North Andover,Massachusetts 01845. Prepared for: John Desmond Prepared by: Scott L.Giles Frank S.Giles Surveying 50 Deermeadow Road North Andover,MA 01845 Scale: 1"=30' Date: September 12,2005,Revised Sq*ziber 14,2005 Sheets: 1 CAW car r*1,� cep Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the John B. & Linda F. Desmond Same return key. Name Name 1775 Great Pond Road fQ Mailing Address Mailing Address North Andover MA. 01845 Cityrrown State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents. RDA 8/11/05 Title Date Plan of Land April 19, 2005 Title Date Title Date 2. Date Request Filed: 8/12/05 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): installing a sewer line within the Buffer Zone to Lake Cochichewick. Project Location: 1775 Great Pond Road North Andover Street Address City/Town Map 35 Parcel 3 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.3/7/05 Page t of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore,said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpafo nn2doc-rev.3/1/05 Page 2 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attached condition ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. ev.311105 Page 3 of 5 Town of North Andover E N0T 0 5. ,t0 ib A'V� Office of the Conservation Department 0 10 Community Development and Services Division .b �,, 44Tf0`�t•(y 400 Osgood Street SS�c►nst North Andover,Massachusetts 01845 Conservation Commission Telephone(978)688-9530 Fax(978)688-9542 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 1775 Great Pond Road, North Andover John B. &Linda F. Desmond(Applicant) Record Documents: Request for Determination of Applicability,received August 12, 2005.Site plan entitled,"Plan of Land",and attachment showing the erosion control locations,prepared by Scott L.Giles Frank S. Giles Surveying,dated April 19,2005.Plans stamped&signed by Frank S.Giles,II,PLS. Pre-Construction Conditions: ➢ A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. ➢ Immediately following completion of the above-mentioned item,the applicant shall contact the Conservation Department,in order to inspect the erosion controls. Post Construction: ➢ Upon completion of sewer activities, the Conservation Department shall be notified in order to conduct a final site inspection for permanent stabilization. 130ARD OF APPIIALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection -Wetlands r' WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: N?00"by hand delivery on ❑ by certified mail, return receipt requested on 9/g�Qs Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation.Commission. A copy must be sent to the appropriate DEP Regional Office(see Attachment)and the property owner(if different from the applicant). Signatures- 21,10 Jr Date „paforrr2 6. uv.3/1/05 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner,any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Attachment)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form(see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. 311/05 Page 5 of 5 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 Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413 784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfiell 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 Levered Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 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 Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet 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 Wonham 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 Wpaform2.doc•DEP Addresses•rev.1016104 Page 1 o 1 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code VQ Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability ($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaforrn2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand deliveryto the appropriate DEP Regional Office(see Attachment A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2 a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1079 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Frank J. Ragonese computer, use Name only the tab key to move 1939 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. CitylTown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Frank J. Ragonese Name 9/5/01 242-1079 Dated DEP File Number 3. The project site is located at: 1939 Great Pond Road North Andover Street Address City/Town Map 35 Parcel 59 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Same Property Owner of different) Essex North 6405 141 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/26/05 Date B. Certification Check all that apply: ® Complete Certification:If is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpatorm 8bdoc•rev.7/13104 Page 1 of 4. Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance ! Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1079 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: 64 C. Authorization Issued by: North Andover Conservation Commission Date of Issu6nce This Certificate must be signed by a majority of the Conservation Commission and y sent to the applicant and appropriate DEP Regional Office(See Attachment). r` Signatures- - r' 1 - l fJIA k, �' a wpaform 8b.doc•rev.7113104 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1079 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement ement Commonwealth of Massachusetts County of Essex North th ! On this Of ._ _t ,U,_ SLG., Day Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town lti L % . Sig ature of Notary Public DONNA M.WEDGE ;, NOTARY PUSUC Printed Name of Notary Public eONWEAITH OF MASSACHUSETTS r.,y Comm.Explin Aug.7,2009 Y My Commission E fres(Date), Place notary Y p seal and/or an stamp above Si nature of Notary Public wpaform 8b.doc•rev.7113104 Page 3 of 4 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1079 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1079 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.7113/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses L, 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 9 Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Ashfield Deerfield Heath Monson Russell Washington Springfield,MA 01103 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Phone:413-784-1100 Belchenown 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 Chane d Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland Acton Charlton Hopkinton Millbury Rutland Uxbridge DEP Central Region Warren DE Main Street Ashburnham Clinton Hubbardston Millville Shirley Webster Ashby Douglas Hudson New Braintree Shrewsbury Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Fax: 508-792-7621 Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tis ory Acushnet Dennis Gay Head Middleborough Raynham 20 Riverside Drive Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester WellAeet Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Phone: 508-946-2700 sandwich Westport Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton West Tisbu Bourne Easton Harwich Norwell Scituate y TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fail River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton Amesbury Chelmsford Hingham Merrimac Quincy Wakefield DEP Northeast Region y Methuen Randolph Walpole 1 Winter Street Andover Chelsea Holbrook Reading Waltham Arlington Coe Hull Middleton n9 Boston, MA 02108 Ashland Concord Ipswich Millis Revere WatertownllWa land Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Belmont Dedham Lexington Nahant Rowley Wellesley Fax: 617-556-1049 Beverly Dover Lincoln Natick Salem Wenham Needham Salisbury West Newbury TDD:617-574-6868 Billerica Dracut Lowell Newbury Saugus Weston Boston Essex Lynn Saugus Westwood Boxford Everett Lynnfield Newburyport Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlin �n Gloucester hAafilehead North Andover Sudbury Winchester 9t Swampscott Winthrop C,smbndge Crovelano Medfield North Reading Tewksbury Woburn Canton Hamilton Medford Norwood ry Carlisle Haverhill Melrose Peabody Topsfield Page 1of1 wpaform8b.doc•DEP Addresses•rev.9126105 My, � A �� S +G CO T L. ''ILES,, P.L. S. ]]�� 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 www-FrankGi1CSSuMAcomcast net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING May 30,2005 Cb_ ` 0 TO: TOWN OF NORTH ANDOVER COMMUNITY DEVELOPMENT/PLANNING BEARD NORTH ANDOVER,MA 01845 FROM: FRANKS. GILES H RE: PROPOSED CARRIAGE HOUSE Dear Chairman/Town Planner, I am respectfully requesting to be placed on the Planning Board agenda. I have received the denial letter from the Building Irnpeetor/Mr. McQuire Mr. Desmond wishes to construct a Carriage House on his property as a separate building. He has owned 1775 Great Pond Road since June of 1973 as shown in deed book 3858 page 339. The property is in the Watershed District. There are no wetlands which effect this application. Sincerely, Frank S. ENCL: Building Plans, Site Plan. or+s M Town of North Andover Office of the Planning Department , ` Community Development and Services Division 400 Osgood Street fr North Andover,Massachusetts 01845 °,4 . http://www.townofnorthandover.com sSACHUS�' 1,i i cola Dula, P(978)688-9535 ,'ott!! Mantle! F(978)68& i iStt if t..�i!•C� ��f eiiC. `.,1liilij) Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. (- 1. Petitioner: Petitioner's Address: 1 t EECC� Rond 1 OOJ Telephone number:'b Z� l 2. Owners of the Land: 11 �. 4- Address: (1 i r �('�l Road Number of years of ownership: _ 3. Year lot was created: . 19 r 1 . 4. Is the lot currently on septic or sewer? aAier If on sewer,please provide date the sewer connection was completed: 5. Description of Pro Project: Gnski,,A a Farr 3dc t r uG i 0 1 W8 6. Description of Premises--A �3 ►nit nt QM , 7. Address of Property Being Affected Zoning District: Assessors: Map: ~? C, Lot# 'x, Registry of Deeds: Book#: J' s5oo Page & Existing Lot: 1501 oD0 r Lot Area(Sq.Ft) _ BuildingHeight Street Frontage: _� t Side Setbacks:- °tC3 k, Front Setback: 3a5' "— Rear Setback: O a Floor Area Ratio: _::� Lot Coverage:T 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) _ Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) ;L.4 006 #of Floors: a• Total Sq.Ft 4 ehoo _ Height: Use: Ifr >Qt Type of Construction 12. Proposed Building: Q Ground Floor(Sq.Ft.) 1�° #of Floors: �- Total Sq.Ft. ZO Height: 2.3 Use: Type of Construction WQQQ VRME- 13. Has there been p evious application for a Special Permit from the Planning Board on these premises?� _ If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested 15. Petitioner and Landowner siguature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: ,. Print or type name here: Owner's Signature LINDI� �. SMD�►� Print or type name here: . ISMO D 16. Please list title of plans and documents you will be attaching to this application. kOUSC- PL I45 bti W iLLINK W►ctS �. PLAN m LNRV b 3. Denial �Aer mydocamentitmters6edspmfdpet mit Town of North Andover Zonin Board of A Is Parties of Interest/Abutters Listin REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this chs shall mean the petitioner, abutters,owners of land di chapter or way,and abutters to abutters within three hundreds(3 0)feet of the ppublic line of the street petitioner as the a property the y appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or'town,and the planning board of every abutting city or town:' Applicant's property, list by map,parcel,name and address(please print clearly and use black ink.) MAP-PARCEL NAME ADDRESS 35,PARCEL 3 DESMOND,LINDA F 1775 GREAT POND ROAD NORTH ANDOVER MA ABUTTERS PROPERTIES MAP-PARCEL NAME ADDRES 35,PARCEL 43 MINICUCCI,JUDITH A 1785 GREAT POND ROAD NORTH ANDOVER MA 35,PARCEL 39 SARRE,THOMAS D LINDA R SA.RRE 1779 GREAT POND ROAD NORTH ANDOVER MA 35,PARCEL 81 TIMOTHY E KELLY F LACOURSE 183 FRENCH FARM ROAD NORTH ANDOVER MA 35,PARCEL 82 SHING PUN KWAN YING CAMMY NG 171 FRENCH FARM ROAD NORTH ANDOVER MA 35,PARCEL 83 NICHOLAS P&MARY S KOSKORES RT. 159 FRENCH FARM ROAD NORTH ANDOVER MA 35,PARCEL 30 CONTEMPORARY BUILDERS,INC 200 PARK STREET NORTH READING MA 01864 62,PARCEL 13 JOHN P JOAN C THOMPSON 1725 GREAT POND RD. N.ANDOVER MA 62,PARCEL 18 PAUL J&MARGUERITE CAMASSO 1689 GREAT POND RD. N. ANDOVER,MA 62,PARCEL 68 HAYES,JUSTIN DAN,JODY 219 FRENCH FARM RD. N.ANDOVER MA 62,PARCEL 69 MEANS,DAVID L&CHERYL B 207 FRENCH FARM RD. N.ANDOVER MA 62,PARCEL 70 DOMENIC J KATHLEEN H SCALISE 195 FRENCH FARM RD. N.ANDOVER MA THIS INFORMATION WAS OBTAINED AT TITE ASSESSSORS OFFICE AND CERTIFIED By THE ASSESSORS OFFICE BY: SIGNATURE DATE:PAGE: 1 OF I This certifies that the names appearing on the As es rs Office as of Certified by: Date oZ Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St. North Andover,MA.01845 Phone 878411119545 Fax 97841111I.M2 Street: ( "7 16 a i PO Pa A OF Ma t: 4� 6-z 3 Applicant _:7-a7 v -i. ,,/" 4 r s R uest: Jm Y,3 a) Ogr1v e- He&Se- G,fea e- m E',tweerseAs".9bwe) Date: 5/a 5 7 a s Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin R-1 C LAt4teA s hea Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontsae insufficient 2 Lot Area Pree -IV s 2 Fro Complies 3 Lot Area Compiles 3 Preexists 11 5 4 Insufficient Information 4 1 Insuffident Information B Use 5 No over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use-Preexisting 2 Com les N s 4 Special Permit Required r S 3 Preexisti CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply r s f He' M Exceeds Maximum 2 Front Insufficient 2 Complies 4,e s 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexists setbacks 1 Cove exceeds maximum 7 Insufficient Information 2 Cov Complies r S D Watershed3 Coverage Preexisting 1 Not in Watershed K. 4 Insufficient Information 2 In Watershed ' e n Sign A 3 Lot Mor to I 24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com ' 5 insufficient Infomtatson 3 Insuffkdent tnfommation E Historic District K Parking N 1 I In District review required I 1 I More Parking R uired 2 Not in district L e.5 2 Parking 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parking RentedY for the above is checked below. Item sit S ial Permits Planning Board item ff Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance F Exception Lot§p!LcM Permit Lot Area Variance Common HeW Variance Conr Housing Special Permit Variance for Sign Continuing Cans Retirement Spacial Per S 1 Permits Zoning Board In Housina Special Permit Special Permit Non-Conforming Use ZBA Lar a Estate Condo S ' Permit Earth Removal Special Permit ZBA Planned District special Permit Special Permit Use not Listed but Similar Planned Residential Permit Special Permit for Sign R-6 bins-' S I Permit S Permit prewdstino nonconformin The above review and WNW 01911nation of such Is based an the plans and info!nom&&niftd. No daflrribve review and or advice stmt be bend on verbal o"raw"by ea aI I--.,nt nor slaesuch verbal 1 11a by the appeant serve to pry denniliva answers to the above rasa' for DENIAL Any inecaasciss,nrRshadkp knferrrt, or attar snbnquent chutes to the hlbmMm srrbnabd by the appI l etat be ptearde for tris raMsw to be voided a as Ir Nm of the BuAdkg Dapa rbnwt The aaachad doc=ent t11ad-Fm Revise Narradvs'shall bs aeached I Mo and incorporalsd!wain by Ww—' The bLd ft daP-h Mnt wa slain at Plans and dowrane don for the abbe as.You gnat as a new building Perm*application roan and begin On pat ftq praoNs wlding Department Official Signature Application Received Applicallion Defiled FRANK SJIMLFS SCOTT L_GIi,ES ZONING DISTRICT RI HLB ECT Pyr 701 7 B.&EAT P F.DESMOND FRANK S_GILES 1775 GREAT POND ROAD SURVEYING rZ 50 DEERMEADOW ROAD NORTH ANDOY UI845 6v NO.ANDS MA 01245{vas-�-2M5 (9M6&7-7443 Ai . w DEE�7BOOK 3959 PACE 339 4�e LOT 3A PLAN OF LAND a LEGAL REFERFS4cni LOCATION srrE: SEE#9825,2271,1814,1530,2342,340,8882 1775 GREAT POND ROAD BOOK DD OK j3=P 509 ORO, PAGE 339 PEON NORTH ANDOVER,MA PREPARDED FOR JOHN B_&LMA DESMOND LOCUS HTS 1_This ki is ii2&e N Andow WAb2sbed Dia ITb==CADWdblKbCDOFRM#WSACVbKhCgMdM2pphCdM3FL 3.Thae is noomambm and d=W in rade odes ohm the far She�d®8� 4.Eresim Combul is to powided an the limml a1'disbmbwjoe. ��\ 5.SceDerd l ga 1�19'Xh lavation nC -�`".-� A1.6 t or T►l`,, g z N STONE BOUND ryay FOUNDOMM) 368 Q S = !os w May 35, Parcel 3 Prior to County L.O. Area=93,300 s.£ sQ '03' 2.14 Ac. '0pgy � 518•IRON 130,100 S.F. ' SET r Ro — _ 56 1 }S _ 16' } D 1523_14" (N O -so— } 151.1 _ y O / / 149-2 '18" 152 150.0 5/8"MON PIN SET $1419 148.9 N/F / /; y 749.2 TWIN 14" T.Sane -\ Q / //— i44 — o ev p�9 1 Great Pond Rd F R I�E Ma 143. r'j MINIMAL GRADING Map 35 Parcel 39 § 'Uri - — 1 6y�.- = lq� T f `� � �`� 3q6 TO BE DONE M �y / Pill'1B:R�ERIDPPkiR._ \ to.p 142-4 �} pd / K'E 7! \ 1' \ 44 / SW/ 334� �� 132 �3a �I42 43 132 ` 37.4 o 1337 L\ R8 338 136 / \ 132 o / 3Z5FT NODtS jARGE tp�nmy E.C.S.B p m a JOHN P.&JOAN C. s� p ti "n THOMPSON 9?R30'A E.C.S.B Mea 62,Parcel 13 LOT 13A • IRON 101,700 S.F. PIPE 25p Yi D1'4 40 GATE / ALVE D�4-5 I RL1�93 7o q3. \ , \ i 5/8"IRON PSN SET EE BO STONE BOUND ` _ FOUND(HELD) Q l./'-gal/ll ai � `tel„ CXLENTS/DESMOND\SITE PLAN.DRG